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Project 183-2 - Specifications - 2010-07-23 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA CONTRACT SPECIFICATIONS FOR BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No. 183-2 July 2010 Contract Time: 30 Working Days 03-FESSlpygl \ "t'co Q s y 0 4 m c2010 \ R r 1q2 e/ FOF CAIIF�� Robin B Hamers District Engineer Costa Mesa Sanitary District BID SET NUMBER 6 BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No. 183-2 TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS (BIDS) BID PROPOSAL STANDARD SPECIFICATIONS SPECIAL PROVISIONS SOILS INNVESTIGATION CITY OF COSTA MESA STANDARDS 1 ENCROACHMENT PERMIT REQUIREMENTS 2. CITY OF COSTA MESA STD DWG. NO. 813 COSTA MESA SANITARY DISTRICT STANDARDS 3. CMSD STD. DWG.NO 5-100 4. CMSD STD. DWG.NO S-103 5. CMSD STD DWG.NO S-104-A 6. CMSD STD DWG.NO 5-112 COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA NOTICE INVITING SEALED PROPOSALS(BIDS) NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor materials, equipment, transportation, permits, and other items necessary for the construction of the following project: BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No. 183-1 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 7th day of September 2010, at which time they will be opened publicly and read aloud in the council chambers. Sealed proposals shall bear the title of the project and the name of the bidder. Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal to the District office at or before the time specified in this notice provided. A set of the approved contract documents including plans and specifications may be obtained at the District office or requested by phone at (949) 645-8400 Extension 229 for a non-refundable payment of $30.00. An additional payment of$15.00 will be required to cover shipping costs. The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with Department of Industrial Relations and in the office of the District and are available to any interested party upon request. The contractor is responsible for all penalties prescribed for noncompliance to these provisions. Each bid shall be submitted on the Bid Proposal Form furnished as part of the contract documents, and shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than 10-percent of the amount of the bid, made payable to the Costa Mesa Sanitary District. The check or bond shall be given as guarantee that the bidder will enter into a contract with the District and furnish the required payment and performance bonds and certificates of insurance and endorsements if awarded the work. The check or bond will be declared forfeited if the successful bidder does not enter into the contract or furnish the required bonds and insurance forms under the time frame specified in the construction agreement. It is imperative that the bidders carefully review this notice and the District's standard construction agreement and insurance forms. The successful bidder will be required to comply with all requirements in the standard construction agreement and insurance forms. In the event of failure or inability to meet these requirements after the award of contract, the District shall have the right to reject the bid and/or declare a forfeiture of the bid bond. Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the District or an approved financial institution in order to have the District release funds retained by the District to insure performance of the contract. CMSD Project No. 183-2 Notice Inviting Scaled Proposals (Bids)— 1 of 2 Liquidated damages in the sum of$250 per day shall be imposed for each unexcused thy beyond the contract completion date. The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are to be compared and contract(s)awarded, to reject any and all bids, and to waive any and all irregularity in any bid. Dated: July 27 2010 BY ORDER OF THE BOARD OFDIRECTORS OF THE COSTA MESA SANITARY DISTRICT CMSD Project No. 183-2 Notice inviting Scaled Proposals (Bids)—2 of 2 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No 183-2 Name 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 the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos. , , ,_, and , on file in the District office for the prices hereinafter set forth. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: CM SD Project No. 183-2 Bid Proposal Form— 1 of 9 CMSD SEWER REPLACEMENT PROJECT NO. 183-2 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT 1 Lump Sum Bonds, Insurance, and Permits: Work under this item includes any costs incurred for securing bonds, Lump insurance permits and financing for construction work. 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 safe and orderly Lump manner during construction. Sum $ 3 Lump Sum Traffic Control: Furnish all labor, materials, and equipment for the installation and removal of the required traffic control including, but not limited to, changeable message boards, signs, delineators, traffic cones, barricades, flashing arrow signs, steel plates, and all other traffic control devices necessary to Lump comply with the traffic control drawings. Sum $ 4 Lump Sum Geotechnical Evaluation During Construction: Work under this item shall include laboratory testing of trench backfill, aggregate base, asphalt, and concrete during construction. Work under this item shall also include the monitoring of batch time, temperature, mix designs, and placement time for all pavement replacement. Note: Contractor shall provide a report(4 copies) .of the geotechnical observation and testing Lump upon project completion to the District. Sum $ S Lump Sum Provide Diversion Plan for Existing Sewage Flow During Construction. Work under this item shall include, but is not limited to, pumps, temporary hoses or piping, pumper trucks, plugs, and all other equipment necessary to provide diversion of existing Lump sewage flow during construction complete in place. Sum $ 6 Lump Sum Replace Pavement Striping: Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing pavement striping damaged dunng construction to Lump original condition complete in place. Sum $ CM SD Project No. 183-2 Bid Proposal Form—2 of 9 CMSD SEWER REPLACEMENT PROJECT NO.183-2 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE RID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT 7 175 LF Remove Existing 8-inch VCP sewer and Install New 8- inch PVC SDR 35 Sewer Main With Gasketed Joints Per Plans and Specifications. Work under this item shall include, but is not limited to, 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 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. LF $ 8 3 each Remodel and reconnect Existing 6-inch VCP Sewer Laterals Per Plans and Specifications. Work under this item shall include, but is not limited to remodeling lateral connections, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water, trench restoration including bedding, backfill, and compaction per City Standard 813, and base pavement, protection of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to reconnect the sewer laterals complete in place. $ Each $ 9 1 Each Modify Manhole Channel per Detail 2 on Sheet 3 of Plans: Work under this item shall include furnishing $ and installing all labor material, and work necessary to modify manhole channel complete in place. Each $ CMSD Project No. 123-2 Bid Proposal Form—3 of 9 CMSD SEWER REPLACEMENT PROJECT NO.183-2 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT 10 2 Each Remove Existing Channel and shelf 2' in depth (minimum) and Pour New Manhole Base and Channel To Match Proposed Sewer Grades Per CMSD Std. Dwg. No. S-100• Work under this item shall include furnishing and installing all labor, material, and work$ necessary to pour new manhole base and channel complete in place. Each $ 11 Lump Sum Pavement Replacement per City of Costa Mesa Std. 813 and Detail 1 on Sheet 3 of Plans: Work under this item shall include all material and labor for pavement replacement including final asphalt concrete pavement Lump installation, except for paving for bid item#13. Sum $ TOTAL AMOUNT OF ITEMS 1 THROUGH 11 $ (TOTAL IN WORDS—SCHEDULE A) Additive Lump Sum Remove Existing Private 6-inch VCP Sewer Lateral Bid Item and Construct New 6' PVC SDR35 Private Sewer B1 Lateral Per Plans and Specifications. Work under this item shall include, but is not limited to testing, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water trench restoration including bedding, backfill, compaction, and base pavement, protection of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to remove and construct the sewer lateral complete in $ place, including final paving and striping. Lump Sum $ Bidders Initials Note: In case of a discrepancy between the words and figures, the words shall prevail. CMSD Project No. 183-2 Bid Proposal Form—4 of 9 The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. Accompanying this proposal is �$ ). NOTICE: Insert the words 'Cash' 'Certified Check' or 'Bidder s Bond' as the case may be in an amount equal to at least 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 CMSD Project No. 183-2 Bid Proposal Form—5 of 9 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. 183-2 Bid Proposal Form—6 of 9 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 1% of the prime Contractor's total bid and shall further set forth the portion of the work which will be done by each such Subcontractor Only one Subcontractor for each such portion shall be listed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity and then only after a finding reduced to writing as a public record of the Legislative Body of the owner Portion State License Of Work Subcontractor's Name and Address Number Class CMSD Project No. 183-2 Bid Proposal Form—7 of 9 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 bound unto the Costa Mesa Sanitary District, a special district, organized under the laws of the State of California and situated in Orange County in the sum of ($ ) to be paid to the District, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns,joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden , is accepted by the Costa Mesa Sanitary District, and if the above bounden, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the mailing of a notice of the above bounden, by and from District, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF We hereunto set our hands and seals this day of , 20 CMSD Project No. 183-2 Bid Proposal Form— 8 of 9 NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository the By- Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository• that no inducement of any form or character other than that which appears upon the face of the bid will be suggested,offered,paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by This day of 20 My Commission expires: Notary Public CMSD Project No. 183-2 Bid Proposal Form—9 of 9 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. 1 2 DEFINITIONS (a)AGENCY The Costa Mesa Sanitary District, also hereinafter called 'District' (b)BOARD The Board of Directors of the Costa Mesa Sanitary District. (c)CONTRACT Documents including but not limited to the Proposal, Standard Specifications, General Provisions, Special Provisions, Plans,Bonds, Insurance, Contract Agreement and all Addenda setting forth any modifications of the document. (d)ENGINEER District Engineer of the Costa Mesa Sanitary District. (e)BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f)LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g)LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. (h) STATE Chapter 3, Part 5 Division 3, Title 2 of the CONTRACT Government Code. The provisions of this ACT and other applicable laws, form and constitute a part of the provisions of this contract to the same extent as if set forth herein, in full. 2 1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids. The District, however reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL. Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms, each bidder shall initial each sheet of the proposal forms at the bottom right hand corner No person, firm, or corporation, shall be allowed to make, file, or be interested in, more than one bid for the same work; unless alternate bids are called for A person, firm, or corporation, who CMSD Project No. 183-2 Standard Specifications— I of 8 has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or corporation, is interested as a principal,all such bids shall be rejected. 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 be held by the District until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder. If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited to the District and shall be collected and paid to the General Fund of the District. LICENSE REQUIRED Contractor shall have a Class A or C42 license to perform this work. 'OR EQUAL PROVISION When otherwise specified, any product called for on these Specifications may be substituted using the process described in Public Contract Code Section 3400 EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned to the District, together with the contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes or additions made thereto in these specifications within 10 days after receipt of written notice of CMSD Project No. 183-2 Standard Specifications—2 of 8 award of contract. The form of contract agreement to be executed by the Contractor will be supplied by the Counsel for the District.No proposal shall be considered binding upon the District until the execution of the contract by the District. ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. 2 1 1 SUBCONTRACTS.GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CON I RACT BONDS The 'Faithful Performance Bond' and the 'Labor and Material Bond' shall both be one hundred percent (100%) of the contract price and shall be furnished on the District's standard forms. The Faithful 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. 183-2 Standard Specifications—1 of 8 2-9 I PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8- 1/2' X 11 loose leaf paper The Contractor and his sureties shall be liable for at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 2 11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract, or resume the said units or operations when they have been suspended as per the contract. The above notice is to be given during working hours, exclusive of Saturday Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work. Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided in Section 1670 of the Civil Code. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair,he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final CMSD Project No. 183-2 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. 3-1 1 CHANGES REQUESTED BY THE CONTRACTOR.GENERAL Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3.1 EXTRA WORK. GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only he performed when ordered in writing by the Engineer In absence of such written order any such work shall be considered unauthorized and will not be paid for Work so done may be ordered removed at the Contractor's expense. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number of working days for completion or not, as may seem best to serve the interest of the District. Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the District shall have the right to charge the Contractor,his heirs, assigns, or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, 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 are filed with the Assistant Secretary of said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements. In order to verify the compliance of said code, Contractor may be required by the District, from time to time, to furnish weekly for the duration of the contract period, copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to CMSD Project No. 183-2 Standard Specifications—5 of 8 the Engineer for checking. Using Form DH-H-347 Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. APPRENTICES Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcontractors under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San Francisco,California,or from the Division of Apprenticeship Standards and its branch offices. 7 3 LIABILITY INSURANCE The Contractor shall not commence work under his contract until he has obtained all insurance required under this heading in a company acceptable to the District, nor shall the Contractor allow any Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance. a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State of California, and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees. b. Public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not he cancelled nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property- Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the District as an additional insured. 7 5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the contractor, and that the Contractor shall be solely responsible for all work performed under the permit. CMSD Project No. 183-2 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 be reached during hours when the work is not in progress. instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor 7-8.1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work until the condition is corrected; and after filing notice to the Contractor the Engineer may order this accomplished by others. All costs thus incurred shall be deducted from the amount to be paid to the Contractor. No additional compensation will be allowed as a result of such suspension. No separate payment will be made for any work performed, of material used, to control dust resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the right of way Full compensations for such dust control will be considered as included in the prices paid for the various items or work involved. 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/OSI-IA). 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. 183-2 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. 9-3.1 PAYMENT GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental, appurtenant, or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL. AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. After completion of the contract, the Board shall, upon recommendation of the Engineer, accept the work as complete and authorize the fmal payment. The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments. The final payment of the retention amount to the Contractor shall be made 35 days from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and shall be made on duly certified voucher therefore. It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the fmal 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 fmal 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. 183-2 Standard Specifications— 8 of 8 SPECIAL PROVISIONS BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No. 183-2 A. GENERAL SPECIFICATIONS All construction including materials, testing, and installation shall conform to the following specifications: A.I Costa Mesa Sanitary District `Standard Plans and Specifications for the Construction of Sanitary Sewers' as last revised. A.2 Standard Specifications for Public Works Construction (SSPWC)latest edition, also referred to as the `Grcenbook' A.3 American Society of Test and Materials (ASTM)latest edition. B. VITRIFIED CLAY GRAVITY SEWER PIPE(VCP) B.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. B.2 Acceptable manufacturers include: Mission Clay Pipe or approved equal. B.3 Vitrified clay pipe and fittings shall be constructed to the following specifications: Vitrified Clay Pipe SSPWC Section 207-8 Compression Type 'G' Joint SSPWC Section 208-2.3 C. POLYVINYL CHLORIDE GRAVITY SEWER PIPE(PVC) C.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. C.2 Acceptable manufacturers include: J-M Manufacturing Company Certainteed Corporation, or approved equal. C.3 Polyvinyl chloride pipe and fittings shall be constructed to the following specifications: Polyvinyl Chloride Pipe SSPWC Section 207 17 Elastomeric Gasketed Joints SSPWC Section 208-17.3.2 CMSD Project No. 183-2 Special Provisions— 1 of 2 D 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. I 81-2 Special Provisions— 2 of 2 GEO-ETKA, INC Established 1965 Soil Engineering Geology and Environmental Engineering Material Testing and Inspections 'E�∎,..• r1`E�'j t cc. . 739 N.Main Street,Orange,CA 92868 Phone(714)771-6911 Fax(714)771-1278•Email:geoetka@aol.com FOUNDATION SOILS EXPLORATION AND PAVEMENT DESIGN RECOMMENDATION AT Project # 183-2 Bristol Street North of Randolph Avenue Costa Mesa, California FOR Costa Mesa Sanitary District 628 West 19"' Street Costa Mesa, California 92627 Date: June 9, 2010 Job No: FR 11160-10 GEO-ETKA, INC. Job No: FR-11160-10 TABLE OF CONTENTS DESCRIPTION PAGE NO. Scope. 1 Proposed Construction. 1 Site Condition. 1 Soil Condition. 1 Exploration. 2 Laboratory Testing. 2 Conclusions. 3 Suitability of the Project. 3 Strength Characteristics. 3 Expansion Potential. 3 Resistance R' Value 3 Recommendations. 4 Bearing Values. 4 Earth Pressure. 4 Pavement Design. 4 Excavation and Temporary Shoring. 4 Demolition and Tree Removal 5 Grading 5 1 GEO-ETKA, INC. Job No: FR-11160-10 DESCRIPTION PLATES Plot Plan A Boring Logs 'B-1 through 'B-3' Shear Curve 'C' Consolidation Curves "D-1' through 'D-3' Resistance 'R' Value `R-1' and "R-2" Typical Temporary Excavation Detail 'TIED' APPENDICES I Soil Classification and Sampler II Limitations 11 GEO-ETKA, INC, Job No: FR-11160-10 Scope This report presents the results of our Foundation Soils Exploration and Pavement Design Recommendations of the site of the proposed replacement of sewer line located at Project#183-2 Bristol Street, north of Randolph Avenue, Costa Mesa, California. The physical location and approximate dimensions of the site are shown on the attached Plot Plan, Plate A This plans accuracy is as good as was submitted to our office, for dimension of the property use plans by surveyors or civil engineers. An investigation was authorized to determine the existing soil conditions at the site and to provide data and specific recommendations relative to the installation of the new sewer line in accordance with our proposal dated 3-4-10 and agreement dated 5-3-10. Refer to Appendix II for an explanation of the limitations inherent in the field. Proposed Construction Proposed plans are to replace the existing 8 feet deep sewer line with a new line as shown on Plate A The area disturbed by the construction phase will be repaved. This report is prepared for the client/owner the project engineers and the governing agencies. Use of its contents by third parties will be at their own risk. Chemical testing for detection of hydrocarbons or other potential contaminants is beyond the scope of this report. Environmental assessment is not a part of the work undertaken. Site Condition The site of the proposed L-shaped sewer line has a level surface. It is located along the east side of the Bristol Street, and T's off to the west side of Bristol Street. The section is located north of Randolph Avenue. With reference to the site investigated, all 4 of the contiguous properties are at the same elevation as the subject area. Drainage is down towards the south by sheetfow Soil Condition The on site soil is composed of layers of sandy clay and clayey silt, extending to the depth of the boring's 15 feet. Note that soil variations in soil type may occur between the borings. For a detailed soil classification refer to logs of the borings, Plates 'B-1 through 13-3" 1 GEO-ETKA, INC. Job No: FR-11160-10 Soil Condition Icont'dl No ground water was noted; however some of the soils are moist and may need to be dried or substituted with drier imported sandy materials. Man-placed fill was encountered during the course of the field investigation. All fill found irrespective of depth or lateral extent must be removed and replaced as compacted soil. Exploration The subsurface was explored by drilling 3 borings, 6 inches in diameter to a depth of 15 feet below the existing ground surface. The borings were placed in strategic locations where the major structure is to be constructed in a manner to determine the subsurface conditions. Approximate locations of the borings are shown on the attached Plot Plan, Plate A All of the borings were logged by our soils technician. Samples of both undisturbed and disturbed soils encountered were obtained for laboratory testing and observation. Logs of the borings are shown on Plates "B-1 through 'B-3' The soils are classified in accordance with the Unified Soil Classification System described on an attached Plate. This Plate also shows the type of sampler used in obtaining undisturbed samples. Laboratory Testing The field moisture content and dry densities of the soils encountered were determined by performing tests on the undisturbed samples in accordance with ASTM Test Method D-2216-05. The results of these tests are shown on the Logs of Borings, Plates 'B-1 through 'B-3' Density and field moisture information is useful as indicators of the nature and quality of the material. Direct shear tests were performed on selected undisturbed samples of the soils in order to determine the strengths and supporting capacities of the soils in accordance with ASTM Test Method 11-3080-04. The method of performing these tests is to saturate the sample, to extrude the sample into the test apparatus, to apply the normal load, and than to allow sufficient time to elapse to dissipate any excess hydrostatic pressure. The sample is then subjected to a strain-controlled single plane shear test. The method of applying the normal and shearing load is such as to allow the sample to change in volume without producing an associated change in the normal stress. The shearing stress is measured at a constant rate of strain of approximately 0.05 inches per minute. Selected samples of soil were tested at confining pressures similar to those of the materials in-situ. Additional specimens from the same samples were also tested at increased normal pressures in order to determine the increase in shear strengths associated with increased inter-granular pressure. The test results are plotted graphically on Plate 'C' The resulting values are as follows: 2 GEO-ETKA, INC. Job No: FR 11160-10 Laboratory Testing (cont'd) Angle of Internal Cohesion Soil Type Friction (degrees) .s.f. Sandy clay 26 165 Sandy clay 30 20 Clayey silt 31% 50 Consolidation tests were performed on saturated specimens of the typical foundations soils in accordance with ASTM Test Method D-2435-04. Consolidometers are designed to receive the undisturbed soil samples and brass rings in the field condition. Porous stones placed at the top and bottom of each specimen permit free flow of water into or from the specimen during the test. Successive load increments were applied to the top of the specimen and progressive and final settlements under each increment were recorded to an accuracy of 0.0001 inch. The final settlements so obtained are plotted to determine curves shown on Plates 'D-1 through "D-3' CONCLUSIONS Suitability of the Project The site is suitable for its intended use, namely replacement of the existing 8 inch diameter 8 feet deep sewer line. In designing the proposed sewer the criteria given in the design section should be adhered to. A) The construction of this project will not affect the stability of the surrounding structures, such as walls electric poles, etc. provided all precautions needed are followed. B) The latest applicable unified building code is to be followed as required. C) This report is subject to approval by the governing agencies. Strength Characteristics The load bearing soils possess strength parameters adequate to support the proposed construction. Expansion Potential The on site surficial soil is classified as moderately expansive with an expansion index of 62 as per 2007 CBC/ASTM D-4829-03. Resistance 'R' Value Resistance 'R" Value Criteria is presented on Plates 'R 1 and 'R 2' 3 GEO-ETKA, INC. Job No. FR-11160-10 RECOMMENDATIONS Bearing Value A bearing value of 1,500 p.s.f. may be used. The above bearing values may be increased 1/3 when resisting loads caused by wind or seismic forces, providing the resultant size is not less than that obtained with dead load and live load only Earth Pressures Lateral loads will be resisted by the friction between the floor slab and sub-grade as well as the passive resistance of the soils against footings. A coefficient of friction of 0.35 may be used between slabs, footings and sub-grade. The passive resistance of the soil may be taken to be 230 p.c.f. of E.F.P The active lateral soil pressure may be taken as 42 p.c.f. of E.F.P Pavement Design Based on the test results, the design sections for Bristol Street are given below should be approved or amended as necessary by the city prior to construction. Asphalt Base rock Paving Thickness Use In Inches In inches Bristol St. Traffic 6 18 Excavation and Temporary Shoring Excavations on the order of 8 to10 feet will be required for the proposed sewer-line replacement at the subject site. Temporary excavations up to a height of 5 feet can be cut vertically If space is available un-shored excavations in excess of 5 feet must be must be laid back at a minimum slope of 1.5:1 :H:V (above 5 feet). See attached Plate 'TTED' Where there is insufficient room for sloped excavations, mechanical shoring plates (standard city specifications may be used). We recommend that Geo-Etka, Inc. observe the excavations and shoring installation, so that necessary modifications based on variations in the soil conditions can be made. Applicable safety requirements and regulations, including OSHA regulations, should be met. All groundwater was not encountered during the current investigations in the area of the proposed excavations. Caving was not noted in the borings performed; however the chances of caving will increase within larger scale excavations and should be anticipated in particularly granular material. 4 GEO-ETKA, INC. Job No: FR 11160-10 Demolition and Tree Removal Special note should be taken during the grading so as to locate all underground items, e.g. pipe, conduit, storage tanks, septic tanks, cesspools or leach lines, water wells, irrigation pipe, etc. Any septic tank found should be removed from the site. Any seepage pit or cesspool found shall be pumped dry and filled with 2 sack slurry concrete. The top and sides should be broken and removed if they are within 5 feet of finished grade. If a water-well is found it shall be cut off and capped, 5 feet below finished grade. Any metal pipe found shall be excavated and cleared from the site. Any vitrified clay leaching lines may be broken in place. Any tree that has to be removed, due to the construction, should be completely removed and the cavity backfilled as described in the grading section. Any root found shall be excavated and cleared from the site or mulched for future landscaping use. All cavities should be cut in a 'V' shape so that compaction equipment will not bridge during grading which should be conducted in the manner noted below It is recommended that the demolition be observed so as to prevent debris from remaining on or being buried on site. The demolition of the below grade items such as pipes and tree root systems must be checked by the soil engineer or his representative. Grading Prior to the controlled grading operations, the construction area should be stripped of all vegetation that is present and the debris removed from the site or stockpiled and mulched for later use in the planter areas. All disturbed soil from demolition process, loose, porous, soft and fill soil found during grading must be removed to firm native soil and replaced as compacted soil at 90%. During the course of grading operations, if pumping occurs it is advisable to bridge the bottom with a crushed or angular 1-inch rock layer at least 2 feet thick. Note that in no case should crushed miscellaneous base or washed rounded rock be utilized. A sieve analysis must be run by this office prior to import. The densification of the rock should be observed/probed and approved by a representative of this office; in such cases lightweight track equipment is recommended. 5 GEO-ETKA, INC. Job No: FR-11160-10 Grading (cont'd) A moderate amount of grading is anticipated in the development of this site, with upto 10 feet of trench depth to be backfilled upon installation of the new sewer It is recommended that all surface which is loose that will support patio, sidewalk slabs, or asphalt concrete paving, and all surface which will receive fill or backfill, be scarified to a depth of 8 inches, watered or dried to near Optimum Moisture Content and re- compacted to a minimum of 90%. Where fill or backfill is required, it should be placed in a maximum of 6-inch loose layers and each layer compacted at near Optimum Moisture Content to at least 90% compaction. Clean on site soils may be utilized as fill material. Imported fill soil should be predominantly granular non-expansive and capable of developing the bearing strength required for the project. All import soil must be approved by this office prior to bringing to the site. All utility trenches backfilled should be tested at a maximum of 2 feet in vertical height. The City of Costa Mesa (CMSD) standard specifications for trench backfill inclusive of bedding material is acceptable and are a part of this report. Compaction Standard: A.S.T.M. D-1557-02. Water-soluble sulphate content will be determined at the conclusion of the grading if requested by the client or required by the approving agencies. If required by the approving agency Expansion Index Test will be run at the time of rough grading. A grading and a sewer plan should be submitted to this office prior to starting the grading. A pre-grade meeting is required in accordance with the City of Costa Mesa grading code. In order for us to provide better service, a minimum of 48 hours notice should be provided to schedule or cancel any geo-technical work. GEO-ETKA, INC should be retained to observe all grading operations and the required testing for implementing the recommendations of this report. If a change in the consultants occur Geo-Etka, Inc. must be notified in writing and all liability will shift to the client and his consultants of record. 6 GEO-ETKA, INC. Job No: FR-11160-10 Grading (cont'd) If conditions are encountered during the design, approval by the governing agencies, and/or the construction period that appear to be contrary to the findings of this report, this office must be notified so that proper modifications may be made. Respectfully submitted, GEO-ETKA, INC. lab (72 C Mau Ghayas A. Khan, •.E Civil Engineer ' 4%, C 38344 Expires 3-3 -11 CPCAL* 1\k"..,„ c-ck Ahmed Ali, President REA No. 04808 Expires 6-30-11 GAK/AA/bg 7 51- s XZ N PL K 9 CL q C 1 4} p CL air <g Wz 4 di P QU 3xZMIk t cnJ f� os P4 o 4 Al®• w s° pm9 o H O • Z Y, Pi p I Ji Bi bnP 0Z G W O rr llitdi Z0 17 P4 ° 2 F R 0 Z__ 1 ni i Z `8 9 e. g W I I �>w a i ( Q gg R Pl m a Z____‘:-.\\ z ! I4 top; '41 ii! 1v ; ,� � Q§ 1 I J I I D 0 I ?; ! Pu a "v,..s"' J T� x. n ,.n YOmme vu . 'i1 ' e i r. IA -;. l 1 -. 1 n T I v J g .wa. — s 4. m�a1 t I A I 1.an l I \ i p- lesi aI' 1 -e i is � 2 i ii a .,• -€� �::* 1 g I r t�41 .'0 ly' ! d O• r:° l '� yy�tlq xmnssm •• ::..........�- . L -aQ,1 V ____ _ WLSK Vl5 ;o_ • OI Ih erow l.11 1sW � WCLK vL5 1 _,,,.,,,e. \ O Y /� .Z I -5 al CC V GEO-ETKA INC JOB NO• FR-11160-10 PLATE 'B-1 Boring One Percent Dry Classification Moisture Density AC t 5' asphalt paving AB It 19' aggregate base .iv• CL Gray, crushed, miscellaneous d. base with clay moist medium a dense CL Orangish brown, fine sandy clay moist very moist slightly firm, (native) 19 9 101 4 5 / ML Light brown clayey silt with gravel moist to very moist slightly to meidum firm. 1 14 8 103 6 10 Light brown, clayey silt with gravel moist firm. ML Light brown, clayey silt, moist to very moist slightly to medium 15 firm. 21 1 End of boring • Depth of bag sample • Depth of undisturbed sample ❑ No recovery V Groundwater Vertical Scale 1 = 3 GEO-ETKA, INC JOB NO- FR-11160-10 PLATE "B-2 Boring Two Percent Dry Classification Moisture Density 0 AC ± 6' asphalt paving AB ± 6' aggregate base "14r- CL Orangish brown fine to medium sandy clay moist to very moist, slightly firm 17 5 109 8 CL Orangish brown fine to medium A sandy clay moist to very moist, slightly firm, (native @ 1& ') 5 -/ 20 8 115 2 ML Light brown, clayey silt with gravel moist slightly to medium firm. 10 Light brwon clayey silt with gravel very moist, slightly firm. r ML Light brown clayey silt, moist, 30 3 93 5 very moist slightly to medum firm_ 15' _ S End of boring 26 1 O Depth of bag sample ■ Depth of undisturbed sample No recovery 0 Groundwater Vertical Scale 1 = 3 GEO-ETKA INC JOB NO FR-11160-10 PLATE "B-3 Boring Three Percent Dry Classification Moisture Density 0 AC ± 6' asphalt paving AB ± 12" aggregate base CL Gray crushed miscellaneous " base with clay moist, medium n, dense (fill) CL Orangish brown fine to medium 17 1 111 4 sandy clay moist, very moist slightly firm, (native @ 2 ) 5'-////e _ Y ML Light brown, clayey silt with gravel moist to very moist medium firm- ." 23 8 100 6 10 ' ML Light brown, clayey silt, moist, 23 5 medium firm. 1s, y End of boring 22 9 • Depth of bag sample • Depth of undisturbed sample ❑ No recovery V Groundwater Vertical Scale 1 = 3' GEO-ETKA Inc Job Number FR-11160-10 Plate 'C DIRECT SHEAR TEST 2000 - r 1900 T 1800 1700 1600 Boring 1 @ 9 o w 1500 In Boring 2 @ 10} in•� ■■■■ ■ 1400 ■. 1111.11.1111.01 a 1'300 ■■ Boring 3 @ 7} ■ ■■■■ 31 q w ' 30001 0. 1200 1000 IIIIIIIIIIIP'11 1- 900 I LI 800 :50.___ 0 600 Illiliri' H 500 Ilia, j%/, 400 ' pre; 900 200 100 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H N Cl IA b N- N 0. 0 '-4 N c'1 ? u■ '0 [- W H '-1 H H '-1 H H H H SURCHARGE PRESSURE POUNDS PER SQUARE FOOT GEO-ETKA Inc Job Number FR-11160-10 Plate 'D-1 Boring 1 @ 9 ' CONSOLIDATION TEST DATA 0 0000 ,- 0 0060 WATER ADDED 0120 0 U z H a a m0 0180 % H `T0 0240 z 0 H H H 20 0300 0 U 0 0340 0 0420 n o 0 0 0 o 0 0 w - ro LOAD (HIPS PER SQUARE FOOT) GEO-ETKA Inc Job Number FR-11160-10 Plate 'D-2 Boring 2 @ 10} CONSOLIDATION TEST DATA 0 0000 , , r r a 0 0060 0 0120 z U z H WATER ADDED w a m0 0180 0 U z H z H "0 0240 0 0 H 4 0 a X04 20 0300 z 0 U 0 0360 0 0420 , t r 0 0 0 0 0 0 0 .y N co '0 .ti LOAD (KIPS PER SQUARE FOOT) GEO-ETKA Inc Job Number FR-11160-10 Plate 'D-3 Boring 3 @ 7 TEST DATA O 0000 r r r . r , I T O 0150 O 0300 x U H Gil ote ;i. 010 0450 U H z H "0 0600 _ z 0 H F a H H a H 0 0750 -410th, z 0 0900 0 1050 O O N N a CO V) LOAD (KIPS PER SQUARE FOOT) GEO-ETKA, INC. ,_,739 N. Main Street,Orange, CA 92868 Ph. (714) 771-6911 Fax (714) 771-1278 JOB NO.FR-11160-10 SOIL TYPE.Orangish brown, silty clay TEST SPECIMAN A B 1 C D Date Tested 5-27-10 5-27-10 1 5-27-10 w I Compactor Air Pressure PSI 45 40 35 o IT Initial Moisture % 16 2 i 9 16.2 o Moisture at Compaction % 19.3 20.3 21.9 a Briquette Height In 2 58 2 63 2 49 0 Dry Density pef 105.9 105.7 103.3 EXUDATION PRESSURE psi 697 4Q3 279 EXPANSION dial (x.0001) 25 10 5 z o Ph at 1000 pounds psi 68 71 75 g Ph at 2000 pounds psi 148 153 155 are Displacement turns 5 85 6 25 7 10 ,, 'R"Value 3 2 1 CORRECTED 'R' VALUE 3 2 1 100 Plate "R-1• :1 aaa.".a: :1111 a 1 : II 111::: ::::: :::a " :: 1.9 :....a 90 11::::11••-l•na::: ::n ::::::a:""•-t•: : Final 'It' Value . 6.1 r 1111:1'-: "•' By Exudation: a : a11C11IC: : : 1111:_:: :a ': 80 11.."11 : :: .. Less than 5 "i : 1111:: II II " 1 BE 1••1 :111::11:1111 By Expansion: 6 70 ata:::::I1Ia:8:1:aa a IIIIII a: I IMIIIIIIII:a :::1a TI(5 0) 1....1111 a.: 1111 ::1 ( ) a.: :......h.. :...1...11 : a 60..."..11 :::e. :....L:=:::aaa: = 11:: : S = 11:: men,n nee u: 1 NOTES o so 1111 :111:::111::1:11 ,.. a 1:11::4 C1'.'....III :I ::. 1■.■ Bor 11/1 —5' ::::::aa::•••••_ : I 40 1111: a:: :::MIMI:::n:11•":a9h: 11::81.9 a S'a,1 Inn a HUM. 1 1111:: 1na:::a11::. J Cz.:1.I:. en.un1I 7.Tt•. e C is 11 11 ::::: 30 11111-•"aa::.:11:11:95: : 1 :m a z0 ...0•aea'�ca = LC1a1'C 1111:::: a....1=:111 IILiC:1:11:::::IA:11„ 1.12.4pic Ia:=a:1::Ia: :1111....0:i° : 1:•-•1::11::: :a::: Min 1.. .... ::::1::11. :11111II:::::: II: ° 11::11::: :1.: °° IIII 10 .1::::11 0°4�e 10 ■ ■ .....111111....1........1 .MM..M.2a.: e:.I::1111•=.MW =• . i:•I:.... .. : 1 :e11aa:::..: ex... e : 1l h``'.% .............1...."":1 .":::3.11..".:9..,4.."111, Henn! ♦- yr.Ciiii;11.1 u 5 e"91146 (, o :.00 OC ::::.D aa. 800 700 600 SOO •DO 3 1� 200 00 0 . 7LS_itir. Exudation Pressure PSI " Plate 'R-1" GEO-ETKA, INC. 739 N.Main Street, Orange,CA 92868 Ph. (714)7716911 Fax (714)771-1278 JOB NO. FR-11160-10 SOIL TYPE. Orangisb brown, fine, sandy clay TEST SPECIMAN 1 A B C D Date Tested 15-27-10 5-27-10_ 5-27-10 it Compactor Air Pressure psi 55 50 45 ail Initial Moisture % 12.1 12.1 12.1 5 o Moisture at Compaction % 17.0 17.6 18_.6 a Briquette Height In 2 56 2 53 2 53 0) Dry Density pcf 110 4 111.0 108.6 EXUDATION PRESSURE psi 699 457 _ 293 EXPANSION dial (x.0001) 13 7 4 Z o Ph at 1000 pounds psi 64 68 73 a Ph at 2000 pounds psi 142 149 155 C5 CC Displacement turns 6 10 _ 6.65 7.00 ` "R"Value 5 3 1 CORRECTED `R' VALUE 5 3 1 100 Plate •R-2• OM 1 1e 1.... •• ... . a1,■ . . . . .... .... .. 1...10.1: 11111 1 r11111 1 Final `R' Value 90 : 11::: °° I n:: 1 ::e•'••a•'••a0::0s11:smn.1...um By Exudation: ::: 1 ::a: 1 1 Less than 5 B0 11 1:1 = 1 1'1 1 a I:: II s:n: ....:n a e .. .1 By Expansion: 11 70 ° 11111 1111: 111 1111 1 ::0 1 e:e::s::: 1110 TI(5 0) :1 1:1 a 11a::1:a:::::: _::::: s :111 : °1 I:::s a L :: 4e 11 so :111 _ ° 00 I e C en 1 :::00 NOTES I : II 1111°:w 5° 11 _ es::::°1::1_10: 1:111 4 m : 1 :•••1i :. ::::niele°x° :i: ::•nee •••••nium Boring 2/1 —5 ' 40 8::e:e••••a01 I 11 °.:11......11 .,es:0:•.I:na es : ...41101 °11111.11:111111111111°""a�1111111 ..:...�1I 1as 11101 I e::°1:n::::n: . . . . .:n:11111:1M n 30 il a Ma 1111 :••••e 1111 nnI.... ••••1aC'1S1 : I 1 s1:::1 a:e•,Inn: 11M1111 20 1 II 1....4111 ..: , II .1111.... .. .. .. .... 41:01:: lie: °�1a ° 00•••1°•••1:g1I1e4 1••••1:1 10 I::e114e II 18°41 ::' 111 e I :••a @Ili :::ea0::eaeaa::e,lle 00011• °:_?::::1 .... .... a:::: .. . 1 \ % .Sa .. ��. 1. �.e.,.r: t..ee:ei68;e:,n°-...1:::°'�:.5 a :..:. 6S-t„ ... 88 .. . e 5 --` ' .-.i2@ese: :0a:.�?ei=�. a1 ..1441•e.s w ° 1 . s a:ssw.... /� C• l �_ 600 700 600 500 400 70 o. 100 0 'tea Mir. Exudation Pressure PSI Plate R-2. GEO-ETKA INC Job No FR-11160-10 Plate 'TTED LEVEL /1/ ... I-H VARIES 1 Iv 5 MAX v BOTTOM OF EXCAVATION TYPICAL TEMPORARY EXCAVATION DFTAIL GEO-ETKA INC JOB NO FR-11160-10 SOIL CLASSIFICATION CHART GRAPH LETTER TYPICAL MAJOR DIVISIONS SYM SYM. DESCRIPTION .* i° WELL GRADED GRAVEL CLEAN - 9" GW GRAVEL AND SAND AND GRAVELS . r COARSE GRAVELLY - GP POORLY GRADED GRAINED SOILS : ' i• SOILS LESS THAN GRAVELS ; GM SILTY GRAVELS 50% PASS WITH ; . / 1 #4 FINES GC CLAYEY GRAVELS WELL GRADED SAND MORE SAND CLEAN SW NO FINES THAN AND SAND -� _ 50% SANDY POORLY GRADED LARGER SOILS SP SAND NO FINES THAN MORE THAN • • •I• . ' #200 50% PASS SAND ::.• • SM SILTY SANDS SIEVE #4 WITH FINES .; / SC ' CLAYEY SANDS FINE SILTS L L ML INORGANIC SILTS GRAINED AND LESS / SOILS CLAYS THAN // CL INORGANIC CLAYS 50 ) I OL ORGANIC SILTS I ) MH INORGANIC SILTS MORE SILTS L L THAN 50% AND GREATER J PASSING CLAYS THAN //^ CH INORGANIC CLAYS #200 50 / /, SIEVE / /// OH ORGANIC CLAYS HIGHLY ORGANIC SOILS PT PEAT HUMUS SOIL SAMPLER FOR UNDISTURBED AMPLING ONNECTING BRASS TUBINU CUTTING` _COUPLING ILEEVE 2 G2S INCHES I D /) EDGE Y i /lL ///// - _ _ 1 1)J/1 BALL ”Al VF - -__L---- -- - _�- _-- GEO-ETKA, INC. Job No. FR-11160-10 LIMITATIONS I. This Geotechnical Report is based upon data obtained by surface reconnaissance, limited soil test borings, laboratory test results, and preliminary engineering analysis. No inference should be drawn from the language of the report that the scope of the investigation was any wider. It must be understood that although the observed and reported conditions are considered representative, local variations of geologic and/or soil conditions may exist for which this firm cannot assume responsibility This report was prepared upon our request for our .services, and in accordance with accepted standards of professional practice. The limitations of this report are also governed by the contract amount agreed to be paid by the client. 2. This report is issued with the understanding that it is the responsibility of the owner or of his representatives to ensure that the information and recommendations contained herein are called to the attention of the developer, his architect, and engineers for this property so that necessary steps are taken to implement the recommendations of this report. Failure to do so relieves Geo-Etka, Inc. of all responsibility 3. The findings of this report are valid as of the present date. However, changes in the conditions of a property can occur with the passage of time, whether they be due to natural processes or to the works of man, on this or adjacent properties. In addition, chances in applicable or appropriate standards occur, whether they result from legislation or the broadening of knowledge, or present applicable CBC Code requirements. Accordingly the findings of this report may be invalidated, wholly or partially by changes outside of our control. Therefore, this report is subject to review and should not be relied upon after a period of one (1) year. Note that some local jurisdictions have less time for the reports validity and reports are required to be updated at the expiration of such predetermined limits. 4. Unless the recommendations of this report are completely incorporated into the design, and all phases of geotechnical activity are checked, tested, and reported by this office, Geo- Etka, Inc. will not be held liable by others. APPENDIX II `rgtu M®FS9 CITY 111 Vi` COSTA LVY1L.JA !i p° DEPARTMENT OF PUBLIC SERVICES 77 FAIR DRIVE, COSTA MESA, CA 92626 eb-Cal Glfn saga Public Services: (714) 754-5323 Inspection: (714) 754-5025 Fax: (714) 754-5028 TDD' (714)754-5244 DATE. 06-30-2010 Encroachment PERMIT NO. PS10-00315 BY- CHIRA_M Original Permit No. Address of Work: 2937 BRISTOL ST Suite or Unit 4 Location: Description of Work. ENCROACHMENT PERMIT TO REPLACE EXISTING SEWER LATERALS;MAIN AND MANHOLES PER ATTACHED PLANS.CONTRACTOR SHALL EXCAVATIONS PER CITY OF COSTA MESA STANDARD 813 WITH ARHM.LANE CLOSURES PER WATCH-MANUAL FROM 8:30AM TO 3.30PM. MANDATORY PRECONSTRUCTION MEETING REQUIRED 2 WORKING DAYS PRIOR TO START OF WORK.FAILURE TO DO SO WILL VOID THIS PERMIT Start Date: 07/01/2010 Permit Expiration•Date: 07/15/2010 Building Reference No: Planning Reference No.(Project No.): Contractors Name: COSTA MESA SANITARY DISTRICT rho No: 714-754-5307 Address: 7TFAIR DRIVE P.O.BOX 1200 COSTA MESA,-CA State Li nse No 00150 City Busmess Li No. Insurance Company: Insurance Certificate No 24-Hour Emergency Contact CMSD 24-Hr Telephone Not (- ) UG Service Alert ID No: WILLCALL Applicant's Name: COSTA MESA SANITARY DISTRICT Developer Name Telephone No. FEES: Permit Fees: $0.00 BOND AMOUNT $0.00 DEPOSIT $0.00 TOTAL, $0 00 SIGNATURE OF APPLICANT p - � (1 01 Date: C7 C-1_0_t PERMIT APPROVED FOR CITY ENGINEER By _ /12-C— .Date:_56_3 o _to NOTE. Appli nt shall efe th attached Condit nd Mon opal Code Scut] applicable to thi permit CITY OF COSTA MESA REQUIREMENTS and CONDITIONS of PERMIT NO. GENERAL 1. THIS PERIIIT WITH APPROVED PLANS MUST BE ON THE JOB SITE AND AVAILABLE TO CITY REPRESENTATIVES AT ALL TIMES. You are guided toyNunicipal 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 Drawings;special agency provisions;and all applicable laws and ordinances. 3. No work roll be allowed from Thanksgiving Day to the day after New Year's Day unless authorized by the Public Services Department. Special authonyaton received- ❑Yes, By. 4 Througnon all phases of construction the Permittee shall keep the work site clean and free of rubbish,debns.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 public improvements damaged by the Permittee shall be replace as directed by the City Engineer at the Permittee's sole expense. 6 Permittee enderstands and agrees to the hold-harmless agreement required by CMMC Section 15-27 7 Contractormust notify the following Utility Companies 2 working days before starting 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 Hours 8 Holidays(714)739-3031-(213)621-3111 8. Other____ ❑ I certify Ihit 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 worker's compensation laws of California. If, after signing the certificate, I hire any employee, I acknowledge that I become subject to the workers compensaton 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. Permittee 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 p m 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 furnish andror 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 tr ffic The permittee shall notify Emergency,Fire,and Police services,and residents or businesses 2 working days in advance of any access Imitation of traffic restrictions. El Permittee shall submit traffic control plans for review and approval by the City of Costa Mesa Transportation Services Division prior to construction. Permittee may close a maximum of—2a lane(s)if necessary to perform work within the public right-of-way dunng 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 shah erect a company name sign within the prolect area which states the Contractor's name,the project name,and the telephone number which the public may use to obtain nformation relative to the project or to make any complaints The Contractor shall submit sketch of sign to Publi Services Department 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 backfdled 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 Permmee 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 driveway 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 813. ❑ 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 extensive 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 Pr to placing Portland Cement Concrete(PCC)or A C the subgrade compaction shall be nspected and approved forth following native soil ❑ imported soil D. 21 Curb and gutter shall not be removed on the day prior 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 812. 24 Sidewalk shall he constructed per City of Costa Mesa Standard Drawing Nos 411 412,413 and/or 414 25. Dr veway approach shall be constructed per Title 24'1nd 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 cur ng See traffic control requirements and conditions above. Applica hereby acknowledges that heishe has read and understands said equirements and conditions and that he/she agrees to abide by them — —_ —ebj✓ Fit r}6 3o"-Io OWNERS OR AUTHORIZED AGENTS SIGNATURE DATE Reviser} 12i 1/98 SAWCUT FULL EXTENDED REMOVAL DEPTH (SEE NOTE 2) REPLACEMENT PAVEMENT 8" (200 MM) A.0 OR P.C.C. I MINIMUM A.C. �l'►\lL.l Ayr , EXISTING ING (251MM) PAVEMENT ` i\�i\�i\�i\i Is4'01 MW (A) (B) UNDER 24 12" (300 MM) 24 AND OVER 18" (450 MM) BACKFILL ZONE SEE NOTES 4 Sc 5 36' (900 MM) MIN. MIN. WARNING TAPE (33 00 MM) (OPTIONAL) PIPE ZONE 6' MIN. SEE NOTE 3 D�J 8" MAX. (200 MM) V 6" MIN. j. (150 MM) j `" \ r,r,n,%%N>. UNDISTURBED SUBGRADE N.T.S NOTES. • SEE SHEET 2 OF 2 CITY OF COSTA MESA TRENCH DETAIL PUBLIC SERVICES DEPARTMENT }I:'f_.t .. STD DWG. NO APPROVED BY •r I� I / WI_ 813 ERNESTO 0• Cm ENONEER vnUJAM • ..-' OMECTOR OR RugX SOMCEI CJ FILE NAME. STD-813 DWG REVISED: SHT 1 OF 2 r • NOTES 1 ALL OPEN TRENCH AND EXCAVATION OPERATIONS SHALL CONFORM TO SECTION 306 OF THE CURRENT EDITION OF THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION' (GREENBOOK). 2. ALL SAWCUTS SHALL BE A STRAIGHT CLEAN UNE. IF THE TRENCH SAWCUT LINE FALLS WITHIN 36 INCHES OF AN EDGE OF CONCRETE, CURB FACE. JOINT LANE LINE, OR ANOTHER SAW CUT UNE, THE EXISTING ASPHALT CONCRETE PAVEMENT BETWEEN THE TRENCH TO THE EDGE OF CONCRETE, CURB FACE, JOINT LANE LINE, OR OTHER SAWCUT LINE SHALL BE REMOVED AND REPLACED. 3. BACKFILL OF THE 'PIPE ZONE' SHALL BE IN ACCORDANCE WITH THE GUIDELINES OF THE UTILITY C.M.B. SHALL BE REQUIRED IF NO OTHER MATERIAL IS SPECIFIED BY THE UT1UTY NO NATIVE MATERIAL SHALL BE ALLOWED. 4. C.M.B. SHALL BE UTILIZIED FOR MATERIAL IN THE "BACKFlLL ZONE' FOR ALL TRENCHES GREATER THAN 12 INCHES IN WIDTH. 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. 5. THE SURFACE COURSE OF THE ASPHALT CONCRETE PAVEMENT (A MINIMUM OF 2 INCHES) SHALL BE 1/2 INCH MATERIAL, AND 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 305-1 5. 10. NO TUNNELING UNDER CURBS AND GUTTERS, 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 WITHIN 48 HOURS OF RESURFACING. CITY OF COSTA MESA TRENCH DETAIL PUBLIC SERVICES DEPARTMENT 1-I1F-I STD. DWG, NO APPROVED BY ,A Q 1 J EmESro muwoz CITY EMfJUECR IMLAY seams_ MrtECTOR OF W. MACES FILE NAME STD-813.DWG f REVISED' SHT 2 OF 2 -- l -- -- -- Alhombro-Fdry--A=-1270 _ J --�-- - frame-and-cover per Std Dwg. Ne S-105 24" l aa x - a_° E Grade rings = n."Is �� Eccentric Cone 48 6 6 C C S II G G' G• no "� v_e_ SIMMIIIIIIM SECTION A-A SECTION B-B INLET5 AIJDOUTLETS FOR r"" B NOTES V.C.P. C EIN5T. ----1,.. e I Manholes shall be precast concrete as manufactured M by Associated Concrete Products, Inc. or approved C.i equal Q A 2. Concrete base and stub walls shall be poured In one t 1" operation to an elevation 2' above top of pipe, slope 3. Concrete shall be Class 50-C 3250 4. Depth of the channel shall equal pipe diameter for all sizes of pipe. II III 5. The floor of manholes shall be steel troweled. .� 6 Steps shall be polypropylene w/a 1/2 diameter steel core B meeting ASTM A 82, ASTM C q-7$, ASTM type II grade 43758, 16 0.C. 7 �danhole bases must be poured against undisturbed SECTION C-C soil 8. Steps for manhole shall be placed upstream. 9 Mortar for joints shall be per Costa Mesa Sanitary District Std D.'g No. 5-103. 12 .v15m IJal/°yn Dote 0 iek GIB 82 �i COSTA MESA SANITARY DISTRICT jApproved YR �In[Tblrie Standard 48" I. D. Manhole District Engineer -R.C.E. 31720 Drawing N2 S - 100 6 field mortar, 1:3 mix _ (plastic cement) N� or sealant } 1 e TYPICAL - JOINT DETAIL o � b 31\ �,—lA SIDE MAMIHDIP---"7 a 4° field mortar, 1.3 mix , ^t (plastic cement) manhole base MORTAR SEAL AT MANHOLE BASE REVISED 10 Z3 85 Date. G 18.82 COSTA MESA SANITARY DISTRICT Approved /,L..��,,,�y Joint Detail District Engineer Drawing Drawing Ne. S - 103 STREET SURFACE T--J c 'n E „ g pv.c. sewer lateral min slope I/4"to I'-0" 01111111111111""1". co = c Std. 45° bend n C �---Variable size Sewer main ELEVATION E 3 0 m 0 C_ T t 41 ' 0 unless noted otherwise on plans __� -Alternate 'Tee' branch 6" v sewer I' .a. se e ___T.( r r r sta. l.. - L. L. L Sta. ` Std. 45° bend Const. of ---- Std. 'Wye' branch wye only PLAM NOTES .) 1 TEE BRANCH USED ONLY WITH PRIOR APPROYAL FROM DISTRICT ENGINEER 0.� !Approved R2vIs r I/21/93 COSTA MESA SANITARY DISTRICT dimAt ,; 18.ES2 Lateral Connection Type 1 A * -tract Engineer -R.C.E. 31720 ving N° S -I04 -A I 1 _ TRFNCH WTnTH J I °/ BACKFILL — / X 0 D aX. ( 41 12' BEDDING B — ` -----'' 7 TRENCH SHEETING OR SHORING PER TITLE 8 , EWER LINE )-A. \ CALIFORNIA ADMINISTRATIVE CODE. BEDDING A — C D\ /e o ° { 6 MIN y % < ° d t t ���� 4 a e \ �c 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 Da JOSTA MESA SANITARY DISTRICT �e. s-a- pproved TRENCHING AND BEDDING aW�t9 Nome s- R2.E. 37 • AGREEMENT FOR CONTRACTOR SERVICES This Agreement is made and entered into by and between the Costa Mesa Sanitary District, a district formed pursuant to the Sanitary District Act of 1923 (hereinafter referred to as District"), and (hereinafter referred to as 'Contractor"). Recitals WHEREAS, District has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract; and WHEREAS, on , after notice duly given, District awarded the contract for the construction of improvements hereinafter described to Contractor which Contractor said District found to be the lowest responsible bidder for construction of said improvements. NOW THEREFORE, the parties hereto AGREE as follows: 1 SCOPE OF THE WORK Contractor shall perform the work described briefly as follows: The aforesaid improvements are further described in the 'Contract Documents' hereinafter referred to. 2. CONTRACT DOCUMENTS The complete contract consists of the following documents: This Agreement, Notice Inviting Sealed Proposals, the Accepted Bid, the complete plans, profiles, detailed drawings and specifications, (which include the Standard Specifications for Public Works Construction as modified by these Contract Documents), Faithful Performance Bond, Labor and Material Bond Insurance Documents, and all addenda setting forth any modifications or interpretations of said documents. The terms of this Agreement shall prevail over all written specifications except as provided for in any Addendum attached hereto All of the above named documents are intended to complement one another so that any work called for in one, and not mentioned in the other or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the 'Contract Documents' 1 3. SCHEDULE All work shall be performed in accordance with the schedule approved by District's Engineer and under his direction. 4. EQUIPMENT — PERFORMANCE OF WORK Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work which said specifications are entitled. The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed as required in said plans and specifications to the satisfaction of and subject to the acceptance of the District's Engineer or his designated assistant. 5. CONTRACT PRICE The contract price shall be ($ ) with adjustments up or down in accordance with bid unit prices as finally calculated by District and Contractor The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. 6. TIME OF PERFORMANCE The time fixed for the commencement of such work is within days after receiving notice to proceed and to complete said work within working days from the first day of contract. 7 TIME OF THE ESSENCE Time is of the essence in this contract. 7a. JOB PROGRESS 2 Contractor agrees to maintain a critical path analysis throughout the project. Contractor agrees to meet with District's project manager or designee on a weekly or other periodic basis, or as requested by District to review job progress. Contractor agrees to provide District with critical job path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to Contractor's claim for additional days or additional damages. 8. EXTENSION OF TIME If such work is not completed within such time, the District Board or its designee shall have the right to increase the number of working days in the amount it may determine will best serve the interests of District and, if it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the work the actual cost of engineering, construction review and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges; provided however that no extension of time for the completion of such work shall ever be allowed unless, at least twenty (20) days prior to the time herein fixed for the completion thereof or the time fixed by the District Board or its designee for such completion as extended, Contractor shall have filed an application for extension thereof in writing with the District Engineer addressed to the District Board and its designee. Said application shall be made pursuant to the requirements of Sections 20104 through 20104 8, Public Contracts Code. In this connection, it is understood that the General Manager shall not transmit any such request to the District Board if not filed within the time herein prescribed. 9 LIQUIDATED DAMAGES In the event Contractor for any reason, shall have failed to perform the work herein specified within the time herein required and to the satisfaction of District Engineer District may in lieu of any other of its rights authorized in this Agreement, deduct from payments or credits due Contractor after such breach a sum equal to Dollars as liquidated damages for each day beyond the date herein provided for the completion of such work. This sum is established pursuant to Section 53069 85 of the Government Code and is deemed by the parties hereto to be a reasonable amount. 10 PERFORMANCE OF SURETIES 3 In the event of any termination as herein above provided, the District shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement provided, however that if the sureties, within five (5) days after giving them said notice of termination, do not give District written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) days after notice to the District of such election, District may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor and the sureties shall be liable to District for any excess cost or damages occasioned District thereby- and in such event, District may without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor 11 DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the true value of the work done, of any work omitted of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, such dispute shall be decided pursuant to Section 20104 through 20104.8, Public Contracts Code, as the same is now in force and as the same may be amended from time to time, provided that the dollar amount of the dispute is within the statutory limits set forth therein. 12. PERMITS — COMPLIANCE WITH LAW Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law. 13. SUPERINTENDENCE BY CONTRACTOR Contractor shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the District Engineer on the work at all times during progress with authority to act for him. 14. OBSERVANCE BY DISTRICT Contractor shall at all times maintain proper facilities and provide safe access for observation by District to all parts of the work and to the shops wherein the work is in preparation. 4 15. EXTRA AND / OR ADDITIONAL WORK OR CHANGES Should District at any time during the progress of said work request any alteration, deviations, additions, or omissions from said specifications or plans or other contract documents, it shall be at liberty to do so and the same shall in no way affect or make void the Contract, but will be added to, or deducted from the amount of said contract price, as the case may be, as provided in paragraph 36. 16. OBSERVATION AND TESTING MATERIALS Contractor shall notify District a sufficient time in advance of the manufacture or production of materials to be supplied by Contractor under this Contract in order that District may arrange for mill or factory observation and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and observation by District's representative shall not be used on said improvement unless Contractor is previously notified by District that such testing and observation will not be required. Contractor shall also furnish District, in triplicate, certified copies of all required factory and mill test reports. 17 PERMITS AND CARE OF THE WORK Contractor has examined the site of the work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement. Contractor at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by District. Contractor shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final observation and acceptance. 18. OTHER CONTRACTS DISTRICT may award other contracts for additional work and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by District Manager/Engineer Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor 19. PAYMENTS TO CONTRACTOR 5 (a) On or before the 25th day of each and every month during the performance of the work, Contractor shall submit to District Engineer an itemized statement of quantities with unit prices of materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto On approval in writing of said statement by District Engineer it shall be submitted to the District Finance Department and then to the District Board. It is understood and agreed between the parties that lead time for processing invoices for inclusion on the warrant list of the District has been established by the District Finance Office and that invoices for payment will be processed and paid in accordance with any established rules and regulations of said District Finance Officer Payment shall be ninety-five percent (95%) of the amount invoiced, the remaining five percent (5%) to be subject to the provisions in Paragraph (B). The payment as provided for herein [except for the retention provided for in Paragraph (B)] shall be made the day following its approval by the District Board at its next regular meeting following the submittal of the invoice to the Board by the District Manager/Engineer (b) District reserves the right to retain five percent (5%) of the contract price for a period of thirty-five (35) days after the filing of the notice of completion of the contract. Contractor shall have the following options pursuant to Section 22300, Public Contracts Code: (i) To substitute securities for any money retained by District; (ii) To require District to pay into an escrow created at the expense of Contractor The substitute securities provided for herein may be held pursuant to Section 22300 and any escrow agreement entered into between the parties shall be in the statutory form set forth in Section 22300 (c) The District shall observe the provisions of Government Code Section 7107 with respect to final payment and disputes relating thereto 20. CONTRACT SECURITY Concurrently with the execution hereof, Contractor shall furnish. (1) A surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the Faithful Performance of this Contract to be held for 1 year after the Notice of Completion is recorded; (2) A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for payment of all persons performing labor and furnishing materials in connection with this Contract. 6 The bonds required hereunder shall be provided by an admitted carrier District reserves the right to object to said surety in accordance with the procedure set forth in Code of Civil Procedure Sections 995 650 et seq. Bonds shall be accompanied with an appropriate power of attorney authorizing the execution of the bond 21 INDEMNIFICATION Contractor and District agree that District should to the extent permitted by law be fully protected from any loss, injury damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the District, except for liability attributable to the District's active negligence. Contractor acknowledges that District would not enter into this Agreement in the absence of this commitment from Contractor to indemnify and protect District as set forth here. To the full extent permitted by law and excepting only the active negligence of District, established by a court of competent jurisdiction or written agreement between the parties, Contractor shall defend, indemnify and hold harmless District, its employees, agents and officials, from any liability claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by District, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually allegedly or impliedly in whole or in part to the performance of the Agreement. All obligations under this provision are to be paid by Contractor as incurred by the District. Without affecting the rights of the District under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless District as set forth above for liability attributable to the active negligence of District, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will only apply in instances where the District is shown to have been actively negligent and not in instances where Contractor is solely or partially at fault or in instances where 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 Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to District, its employees and officials. 7 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here 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 or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations form others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend District, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. 22. INSURANCE Contractor agrees to provide insurance in accordance with the requirements set forth here. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend supplement or endorse the existing coverage to do so The following coverages will be provided by Contractor and maintained on behalf of the District and in accordance with the requirements set forth herein. Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-CGL form No CG 00 01 11 85 or 88. Total limits shall be no less than five (5) million dollars per occurrence for all coverages. District and its employees and agents shall be added as additional insures using ISO additional insured endorsement form CG 20 10 11 85 (in no event will District accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to District or any employee or agent of District. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury at a minimum, and shall include a 'drop down' provision providing primary coverage above a maximum $25,000 00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy Coverage shall be following form to any underlying coverage. Coverage shall be provided on a 'pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on !so Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than five (5) million dollars per accident. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the General liability policy described above is acceptable. 8 Workers' Compensation/Employers' Liability shall be written on a policy form providing workers' compensation statuary benefits as required by law Employers' liability limits shall be no less than one (1) million dollars per accident or disease. Employers' liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the District, its employees or agents. Contractor and District further agree as follows: 1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the District or its operations limits the application of such insurance coverage. 4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of insurance coverage only this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement. 6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against DISTRICT 7 Unless otherwise approved by District, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum 'Best's' Insurance Guide rating of A.VII' Self-insurance will not be considered to comply with these insurance specifications. 9 8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, District has the right but not the duty to obtain the insurance it deems necessary and any premium paid by district will be promptly reimbursed by Contractor 9 Contractor agrees to provide notarized evidence of the insurance required herein, satisfactory to district, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability and umbrella liability policies (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word 'endeavor' with regard to any notice provisions. Contractor agrees to provide complete copies of policies to District upon request. 10 Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverages. 11 Any actual or alleged failure on the part of the District or any additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of District or any additional insured, in this or any other regard. 12. Contractor agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insures all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor or contracts Contractor enters into on behalf of District, will reserve the right to charge back to District the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of District will be submitted to District for review Failure of District to request copies of such agreement will not impose any liability on District, or its employees. 13 If Contractor is a Limited Liability Company general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insures. 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 10 obligation or liability for such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the District. 15 District Counsel may accept other forms and certificates when in the best interests of the District to do so. 23. LEGAL WORK DAY— PENALTIES FOR VIOLATION Eight (8) hours of labor shall constitute a legal day's work. Contractor shall not require more than eight (8) hours labor in a day from any person employed by Contractor in the performance of such work. Contractor shall forfeit as a penalty to District the sum of Twenty Five ($25.00) Dollars for each laborer workman or mechanic employed in the execution of this Contract by Contractor or by any subcontractor for each calendar day during which such laborer workman or mechanic is required or permitted to labor more than eight (8) hours per day in violation of the provisions of Section 1815 of the Labor Code of the State of California. 24. PREVAILING WAGE SCALE The minimum compensation to be paid for labor upon all work performed under this Contract shall be the general prevailing wage scale established by the Department of Industrial Safety for the State of California and as adopted by District. Contractor shall forfeit the sum of $50 00 per day to District for each day prevailing wages are not paid in accordance with Labor Code Section 1775 Contractor shall comply in all respects with Title 40 U S C Section 276a, also known as 'The Davis-Bacon Act' where federal funds are involved and Contractor shall also comply in all respects with California Labor Code Sections 1770 et seq. if applicable. If Contractor is engaged in the construction, prosecution, completion or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, Contractor shall furnish each week to the DISTRICT Finance Officer a statement with respect to the wages paid each of its employees during the preceding weekly payroll period. 24a. PAYROLL RECORDS The Contractor and all Subcontractors shall keep accurate payroll records on the job site in accordance with Labor Code Section 1776 and make those records available for inspection at all reasonable times. 11 25. EMERGENCY— ADDITIONAL TIME FOR PERFORMANCE — PROCUREMENT OF MATERIALS If because of war or other declared national emergency the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor unable to perform this Agreement, or the work is thereby suspended or delayed, any of the following steps may be taken: (a) District may pursuant to resolution of the Board grant Contractor additional time for the performance of this Agreement sufficient to compensate in time for said delay or suspension. To qualify for such extension of time, Contractor within three (3) days of Contractor's discovering such inability to perform, shall notify General Manager in writing thereof and give specific reasons therefor General Manager shall thereupon have sixty (60) days within which to procure such needed materials or labor as it is specified in this Agreement, or permit substitution or provide for changes in the work in accordance with other provisions of this Agreement. Substituted materials, or changes in the work, or both, shall be ordered in writing by General Manager and the concurrence of the District Board shall not be necessary All reasonable expenses of such procurement incurred by the General Manager shall be defrayed by Contractor or (b) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may upon thirty (30) days written notice to the other terminate this Agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus ten percent (10%) basis, whichever is the lesser Materials on the ground, in process of fabrication or en route upon the date of notice of termination specially ordered for the project and which cannot be utilized by Contractor shall be compensated for by District at a cost, including freight, provided that Contractor shall take all steps possible to minimize this obligation; or (c) District Board, by resolution, may suspend this Agreement until the cause of inability to perform is removed, but for a period of not to exceed ninety (90) days. If this Agreement is not canceled and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, District Board may further suspend this Agreement, or either party hereto may without incurring any liability elect to declare this Agreement terminated upon the ground of impossibility of performance. In the event District declares this Agreement terminated, such declaration shall be authorized by the District Board, by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the Agreement as may have been performed; or 12 (d) District may terminate this Agreement without cause, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the Agreement as may have been performed. Such termination shall be authorized by resolution of the District Board. Notice thereof shall be forthwith given in writing to Contractor and this Agreement shall be terminated upon receipt by Contractor of such notice. 26. PROVISIONS CUMULATIVE The provisions of this Agreement are cumulative and in addition to, and not in limitation of any other rights or remedies available to District. 27 NOTICES It shall be the duty and responsibility of Contractor to notify subcontractors and materialmen of the following special notice provision; namely all notices of intention to lien or stop notices shall be either personally delivered or transmitted by certified mail, but in either event said notices shall be directed to the District. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to District shall be addressed as follows: COSTA MESA SANITARY DISTRICT 628 West 19th Street Costa Mesa, California 92626 Attn: Notices required to be given to Contractor shall be addressed as follows: Attn: 28. SUBCONTRACTING Contractor acknowledges that he is aware of the provision of the 'Subletting and Subcontracting Fair Practices Act' and that he agrees to comply with all applicable provisions thereof If any part of the work to be done under this Contract is subcontracted the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon 13 request, certified copies of any or all subcontracts shall be furnished the District. The subcontracting of any or all of the work to be done will in no way relieve the Contractor of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the District may cancel the Contract, assess the Contractor a penalty of not more than 10 percent (10%) of the subcontract involved, or cancel the Contract and assess the penalty All persons engaged in the work, including subcontractors, will be considered employees of the Contractor Contractor will be held responsible for their work. The District will deal directly with and make all payments to the Contractor 29. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the District's Engineer his affidavit stating that all workmen and persons employed and all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or material, except certain items, if any to be set forth in an affidavit covering disputed claims, or items in connections with Notice to Withhold, which have been filed under the provisions of the statutes of the State of California. 30. CONTRACTOR'S WAIVER The acceptance of Contractor of the final payment shall constitute a waiver of all claims against District under or arising out of the Contract unless the disputed amounts are specifically set forth in the affidavit and release. 31 NOTICE TO PROCEED No work, services, material or equipment shall be performed or furnished under this Contract unless and until a notice to proceed has been given to the Contractor by District's Manager/Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by District. 32. UTILITY LOCATION District acknowledges its responsibilities with respect to the location of utility facilities pursuant to California Government Code Section 4215 14 33. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color sex, age, or disability 34. GOVERNING LAW This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 35. INTEGRATION The parties agree that this document represents their entire agreement and that this Agreement may not be subsequently modified unless said modification is made in writing and is signed by both parties. 36. CHANGES / EXTRA WORK COMPENSATION District may by written change notice, make changes in the work, changes in or addition to the specification, require additional work or services or direct the omission of work or services covered by this Agreement. If any such change or requirement causes any increase or decrease in the Contractor's cost of performance of this Agreement, an equitable adjustment shall be made and the Agreement modified in writing accordingly Changes in compensation shall be calculated using the formula set forth in Subsection B below No claim by Contractor for adjustment under this paragraph shall be valid unless asserted in writing by Contractor within thirty (30) days from the date of receipt of said written change notice signed by the District's General Manager or the President and Secretary of the Board of Directors, as appropriate. Contractor shall make no additions, changes, alterations or omissions except upon the written change notice of the General Manager given before the work is to be done or before services are rendered. The General Manager shall only have authority to order changes when the cumulative work under the contract is of a value less than 10% of the contract amount or FIFTEEN THOUSAND DOLLARS ($15 000.00), whichever is greater All other changes must be approved by the Board of Directors. (a) Extra Work Compensation. Should Contractor encounter extra work due to the discovery of unforeseen conditions that Contractor should not have anticipated based in its own independent investigation, or due to changes in the project made by District, Contractor shall immediately bring such condition to the attention of the District's Manager/ Engineer and shall submit a Request for Change Order within thirty (30) days in the form set forth in the contract documents. All such requests for extra 15 compensation shall be subject to the approval of the Board of Directors unless within the authority of the District Manager/Engineer (b) Limitation of Compensation. Contractor shall be limited in the compensation that it may recover under this contract. Contractor shall be limited to extra days for delay time and any direct costs related thereto, and to the direct costs of completing extra work. 'Direct Costs' shall be those items defined in Section 3-3.2.2 Basis for Establishing Costs, Standard Specifications for Public Works Construction, as the same is modified herein, plus a percentage as specified below Excluded from direct costs shall be bond and insurance costs, so-called 'Eichleay damages' including, but not limited to, home office overhead, lost bonding capacity profit, lost profits, and lost interest, except to the extent those are covered by the percentages allowed. Categories that may be recovered for extra work are limited to the following with the percentages added: Direct Costs Mark-Up Labor 15% Materials 12% Equipment Rental 12% Other Items 12% Subcontracted Work 10% (first $5,000) Subcontracted Work 5% (work in excess of first $5,000) Specialty Subcontracting 5% (Provided at least three (required by extra work) competitive bids are obtained and contractor selected the lowest bidder) Contractor agrees that it will provide invoices or similar documents showing actual costs so that percentages can be applied. Contractor agrees that without such an invoice or other document, compensation shall not be owed by District. CONTRACTOR ACKNOWLEDGMENT OF LIMITATIONS OF COMPENSATION FOR EXTRA WORK Contractor acknowledges that his recovery for damages or extra work is limited as provided in this paragraph. Contractor's Initials 37 INDEPENDENT CONTRACTOR Contractor acknowledges and agrees that he is an independent Contractor who has been retained for the results of his work and not for the means by which it is accomplished. It is specifically agreed that the District does not have the right of control 16 over the mode of doing the work contracted for and that neither the Contractor his employees, nor his consulting Engineers are employees of the District. 38. REMEDIES The remedies provided District herein shall be cumulative, and in addition to any other remedies provided by law or equity A waiver of a breach of any provision hereof shall not constitute a waiver of any other breach. 39 BOOKS AND RECORDS Contractor's books, records and its plants or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to observation and audit by any authorized representative of District. 40. NOTICE TO DISTRICT OF LABOR DISPUTES Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto to District. 41 AS-BUILT DRAWINGS Contractor shall provide District's Engineer with drawings of the Construction in its 'as-built' condition. 42. DAYS AND HOURS OF WORK Should the Contractor desire to perform construction work on Saturday Sunday or on any day observed as a holiday by District, or prior to 8:00 a.m or after 5:00 p.m. of any day he must submit his written request to District's Engineer at least 24 hours prior to the proposed start of such work. No such work shall be commenced without the prior approval of the District's Engineer The District observes those holidays specified by Government Code Section 6700 The foregoing shall not apply in the case of an emergency necessitating immediate work. 43. CONTRACTOR'S INDEPENDENT INVESTIGATION 17 No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by District for purpose of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. In accordance with Public Contracts Code Section 7105 Contractor shall not be liable for Acts of God. 44. INTERPRETATION In the event of any conflict, inconsistency or incongruity between the provision of this Contract and the provisions of Paragraph 2 hereof, or amendments thereto the provisions of this Contract shall control in all respects. 45. ATTORNEY'S FEES If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names the District as a party to said action, District shall be entitled to reasonable attorneys fees, costs and necessary disbursements. 46. ADDITIONAL COSTS Contractor shall be responsible to reimburse the District a sum equal to the expenses of administration and legal services required to be expended by the District in processing Notices to Withhold Stop Notices, or similar legal documents arising out of a failure of the Contractor to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the Contractor The District shall further have the right to offset any such costs and expenses incurred by District against any sums owing to Contractor under the Agreement. 47 ASSIGNMENT No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder will be recognized by the District unless such assignment has had prior written approval and consent of the District and the surety 18 48. SAFETY AND SITE CONDITION Contractor shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be Contractor's responsibility to keep the site in a clean, neat and orderly condition. It shall also be Contractor's duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by Contractor so that no fire hazards are created. 49. OBSERVATION Services shall be furnished by the District on an eight (8) hour day and forty (40) hour week basis. Any additional observation that is required in excess of the foregoing shall be paid for by the Contractor at special hourly rates to be determined by District. 50. WORKMANSHIP AND MATERIALS Unless otherwise specifically provided for in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose intended. Where equipment, materials or articles are referred to in the specification as 'equal to any particular standard District shall decide the question of equality In the manner and to the extent required by the specifications, Contractor shall furnish District for approval full information concerning the equipment, materials or articles which he contemplates incorporating in the work. Samples of material shall be submitted for approval when required for specification. In addition to furnishing a list of subcontractors, and prior to commencing the work covered by this Contract, Contractor shall furnish District a list of the equipment, materials, or articles Contractor proposes to use in the performance of this Contract. Substitutions of equipment, materials or articles shall not be done unless approved by the District's Engineer 51 WARRANTY Unless otherwise agreed to in writing by the parties, Contractor warrants that the work shall be performed in the best and most workmanlike manner by qualified careful and efficient workers, in strict conformity with the best standard practices; shall be free from defect in workmanship and material, and shall conform with all provisions of this Contract, including, but not limited to all specifications included in this Contract. The provisions of this warranty together with any applicable warranties and guarantees of Contractor's subcontractors and suppliers shall survive observation, test and acceptance of any payment for the work performed hereunder and shall run to the District its successors and assigns. Except for latent defects, fraud or such gross 19 mistakes of Contractor as amount to fraud, notice of any defect or non-conformity may be given by District to Contractor at any time prior to the expiration of ONE (1) YEAR after the recording of the Notice of Completion by District of such work. Contractor shall promptly perform all work required to correct such defects or non-conformities by replacement or repair as District may direct, all at Contractor's sole cost and expense. All defective or non-conforming material which District requires to be replaced shall be removed promptly from the site of the work by Contractor at its sole expense. If Contractor fails promptly to correct any non-conformity District may do so and charge the cost thereof to Contractor Work required to be corrected or replaced shall be subject to the provisions of this paragraph in the same manner and to the same extent as when such work was initially presented for final acceptance. District's right to require Contractor to repair or replace any defective or non-conforming work shall be in addition to any other rights District may have for breach of warranty and shall not be considered as an exclusive remedy If the District prefers to accept defective or non-conforming work, it may do so instead of requiring its removal or correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment had been made. 52. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216 before commencing any excavation. 53. TRENCH PROTECTION Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 54. TRENCHING CONDITIONS If this contract involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly and before the following conditions are disturbed, notify the District in writing, of any (a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, or Class II disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. 20 (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. (d) The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the work shall issue a change order the procedures described in the contract. (e) In the event that a dispute arises between the District and the Contractor whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for performance of an part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 55. ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor of subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S C Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment by the parties. 56. NOTICE OF THIRD PARTY CLAIMS District agrees to provide Contractor with timely notice of the receipt of any third party claim related to the contract, pursuant to Public Contracts Code Section 9201 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. COSTA MESA SANITARY DISTRICT CONSULTANT 21 General Manager Signature ATTEST Typed Name Title District Clerk APPROVED AS TO FORM: District Counsel 22