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Project 181 - Specifications - 2007-01-01
' COSTA MESA SANITARTY DISTRICT ORANGE COUNTY,CALIFORNIA CONTRACT SPECIFICATIONS FOR SEWER REPLACEMENT PROJECT NEWPORT BOULEVARD AT 197H STREET ' PLACENTIA AVENUE AT 18TH STREET Project No. 181 1 January 2007 Contract Time: 35 Days 00FESS/0414 ti s c� No. 31720 m * 12/31/08 .1j CIVIL of OF war ' Robin B. Hamers Costa Mesa Sanitary District Manager/District Engineer I BID SET NUMBER ett 1 1 CMSD SEWER REPLACEMENT PROJECT NEWPORT BOULEVARD AT 19TH STREET PLACENTIA AVENUE AT 18TH STREET Project No 181 TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS(BIDS) BID PROPOSAL STANDARD SPECIFICATIONS SPECIAL PROVISIONS ATTACHMENTS ' A. CALTRANS ENCROACHMENT PERMIT(NEWPORT BOULEVARD AT 19TH STREET) B. CITY OF COSTA MESA STANDARDS (PLACENTIA AVENUE AT 18TH STREET) ' 1 ENCROACHMENT PERMIT REQUIREMENTS 2. OVERLAY MORITORIUM RESURFACING REQUIREMENTS 3 CITY OF COSTA MESA STD DWG.NO 813 ' C. COSTA MESA SANITARY DISTRICT STANDARDS 1 CMSD STD. DWG.NO S-100 2. CMSD STD. DWG.NO. S-102 3 CMSD STD. DWG. NO. S-103 4 CMSD STD. DWG NO S-105 5 CMSD STD DWG.NO S-109 6. CMSD STD. DWG.NO S-110 D COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT I 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: SEWER REPLACEMENT PROJECT ' Newport Boulevard at 19`h Street Placentia Avenue at 18th Street Project No. 181 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 1" day of February 2007 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 ' $15 00, An additional payment of$10.00 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. 181 Notice Inviting Sealed Proposals (Bids)– 1 of 2 Liquidated damages in the sum of $250 per day shall be imposed for each unexcused day beyond the contract completion date. The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are to be compared and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in any bid. Dated: January 2007 BY ORDER OF THE BOARD OFDIRECTORS OF THE COSTA MESA SANITARY DISTRICT I CMSD Project No. 181 Notice Inviting Sealed Proposals (Bids)—2 of 2 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM SEWER REPLACEMENT PROJECT Newport Boulevard at 19`11 Street Placentia Avenue at 18i11 Street Project No 181 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, t 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 Owner in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: 1 ' CMSD Project No. 181 Bid Proposal Form— 1 of 14 ' CMSD SEWER REPLACEMENT PROJECT NO. 181 ' SCHEDULE OF WORK ITEMS (SCHEDULE A) NEWPORT BOULEVARD AT 19TH STREET SEWER REPLACEMENT ' BID APPROX. DESCRIPTION UNIT PRICE TOTAL ITEM QUANTITY AMOUNT Al Lump Sum Bonds, Insurance, and Permits: Work under this ' item includes any costs incurred for securing bonds, insurance permits and financing for construction work. Lump Sum $ A2 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 manner during construction. Lump Sum $ A3 450 LF Furnish 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, compaction, 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, OS1-IA and the Construction Safety Orders of the State of$ California, pursuant to the provisions of Section 6707 of the California Labor Code. LF $ ' CMSD Project No 181 Bid Proposal Form—2 of 14 1 ' CMSD SEWER REPLACEMENT PROJECT NO 181 SCHEDULE OF WORK ITEMS (SCHEDULE A) NEWPORT BOULEVARD AT 19TH STREET SEWER REPLACEMENT BID APPROX. DESCRIPTION UNIT TOTAL ' ITEM QUANTITY PRICE AMOUNT A4 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 upon project completion to the District. Lump Sum $ AS I Each Core Drill Existing Sewer Manhole Per Detail 2 on Sheet 6 of Plans: Work under this item shall include furnishing and installing all labor, material, $ ' and work necessary to core drill existing sewer manhole complete in place. Each $ A6 1 Each 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 hew manhole base and channel complete in place. Each $ ' A7 1 Each Construct 48-inch Diameter Precast Concrete Manhole Per CMSD STD DWG. NO S-100. Work under this item shall include furnishing and$ installing all labor, material, and work necessary to construct new manhole complete in place. Each $ A8 2 Each Adjust Sewer Manhole Frame and Cover to Existing Street Grade Per CMSD STD DWG. NO. S-105 Work under this item shall include all work$ necessary for the adjustment of sewer manhole frame and cover to existing street grade. Each $ ' CMSD Project No. 181 Bid Proposal Form—3 of 14 CMSD SEWER REPLACEMENT PROJECT NO. 181 SCHEDULE OF WORK ITEMS (SCHEDULE A) ' NEWPORT BOULEVARD AT 19TH STREET SEWER REPLACEMENT BID APPROX. DESCRIPTION UNIT TOTAL ' ITEM QUANTITY PRICE AMOUNT A9 2 Each Remove Sewer Manhole Frame and Cover 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, backfill, compaction, 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 remove sewer manhole frame and cover complete in place. Each $ A 1 0 Lump Sum Cut and Plug Existing Sewer Main: Work under this item shall include furnishing and installing all labor, material, and work necessary to cut and plug ' existing sewer main with 1-sack slurry complete in place. Lump Sum $ ' A11 Lump Sum Replace Existing Brick Cross Walk. Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing brick cross walk damaged during construction to original condition complete in place. Lump Sum $ ' Al2 Lump Sum Replace Traffic Signal Loops: Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing traffic signal loops damaged during construction to original condition complete in place. Lump Sum $ A13 6,750 SF Pavement 2' Grind & Overlay as Specified in Detail 1 on Sheet 6 of the Plans: Work under this item shall include all material and labor to remove and replace existing pavement complete in place per the encroachment permit of the governing agency Quantity Trench Length=450' $ Pavement Width= 15 Material: Type III-C3-AR-4000 (1/2' Fine Mix) SF $ ' CMSD Project No. 181 Bid Proposal Form—4 of 14 I CMSD SEWER REPLACEMENT PROJECT NO. 181 SCHEDULE OF WORK ITEMS (SCHEDULE A) NEWPORT BOULEVARD AT 19TH STREET SEWER REPLACEMENT BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT A14 Lump Sum Replace Pavement Striping: Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing pavement striping damaged during construction to original condition complete in place. Lump Sum $ Al5 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 sewage flow during construction complete in place. Lump Sum $ A 1 6 Lump Sum Traffic Control. Work under this item shall include providing 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 work necessary to comply encroachment permit of governing agency Lump Sum $ TOTAL AMOUNT OF ITEMS Al THROUGH A16$ ' (TOTAL IN WORDS—SCHEDULE A) Note: In case of a discrepancy between the words and figures, the words shall prevail. CMSD Project No. 181 Bid Proposal Form—5 of 14 1 CMSD SEWER REPLACEMENT PROJECT NO. 181 SCHEDULE OF WORK ITEMS (SCHEDULE B) ' PLACENTIA AVENUE AT 18TH STREET SEWER REPLACEMENT BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT BI Lump Sum Bonds, Insurance, and Permits: Work under this ' item includes any costs incurred for securing bonds, insurance permits and financing for construction work. Lump Sum $ 1 B2 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 manner during construction. Lump Sum $ ' B3 20 LF Furnish and Install New 10-inch VCP Extra Strength Sewer Main With Type `G" Compression 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, ' compaction, 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 $ ' CMSD Project No. 181 Bid Proposal Form—6 of 14 I ICMSD SEWER REPLACEMENT PROJECT NO. 181 SCHEDULE OF WORK ITEMS (SCHEDULE B) IPLACENTIA AVENUE AT 18TH STREET SEWER REPLACEMENT BID APPROX. DESCRIPTION UNIT TOTAL I ITEM QUANTITY PRICE AMOUNT B4 Lump Sum Geotechnical Evaluation During Construction: Work under this item shall include laboratory I testing of trench backfill, aggregate base, asphalt, and concrete during construction. Work under this item shall also include the monitoring of I batch time, temperature, mix designs, and placement time for all pavement replacement. Note: Contractor shall provide a report (4 I copies) of the geotechnical observation and testing upon project completion to the District. Lump Sum $ B5 2 Each Core Drill Existing Sewer Manhole Per Detail 2 Ion Sheet 6 of Plans: Work under this item shall include furnishing and installing all labor, $ material, and work necessary to core drill existing Isewer manhole complete in place. Each $ B6 1 Each Pour New Manhole Base and Channel To Match I Proposed Sewer Grades Per CMSD STD DWG. NO S-100• Work under this item shall include furnishing and installing all labor, material, and$ I work necessary to pour new manhole base and channel complete in place. Each $ B7 1 Each Modify Existing Sewer Manhole Drop Structure I Per CMSD STD DWG. NO S-102. Work under this item shall include furnishing and installing all $ labor, material, and work necessary to modify Isewer manhole drop structure complete in place. Each $ B8 2 Each Adjust Sewer Manhole Frame and Cover to I Existing Street Grade Per CMSD STD DWG. NO S-105 Work under this item shall include all $ work necessary for the adjustment of sewer ' manhole frame and cover to existing street grade. Each $ I I I ' CMSD Project No. 181 Bid Proposal Form—7 of 14 ' CMSD SEWER REPLACEMENT PROJECT NO. 181 SCHEDULE OF WORK ITEMS (SCHEDULE B) ' PLACENTIA AVENUE AT 18TH STREET SEWER REPLACEMENT BID APPROX. DESCRIPTION UNIT TOTAL ' ITEM QUANTITY PRICE AMOUNT B9 600 SF Pavement 2' Grind & Overlay as Specified in Detail 1 on Sheet 6 of the Plans: Work under this item shall include all material and labor to remove and replace existing pavement complete in place per the encroachment permit of the governing agency Quantity Trench Length =20' Pavement Width=30' $ ' Material: ARUM SF $ _ BIO Lump Sum Replace Pavement Striping: Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing pavement striping damaged during construction to ' original condition complete in place. Lump Sum $ BI I 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 sewage flow during construction complete in place. Lump Sum $ B12 Lump Sum Traffic Control: Work under this item shall include providing 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 work necessary to comply encroachment ' permit of governing agency Lump Sum $ TOTAL AMOUNT OF ' ITEMS 131 THROUGH B12 $ (TOTAL IN WORDS—SCHEDULE B) Note: In case of a discrepancy between the words and figures, the words shall prevail. ' CMSD Project No. 181 Bid Proposal Form—8 of 14 i COSTA MESA SANITARY DISTRICT SEWER REPLACEMENT PROJECT NO. 181 BID SUMMARY TOTAL BID FOR SCHEDULE A (Newport Boulevard at 1941 Street) $ TOTAL BID FOR SCHEDULE B (Placentia Avenue at 18ih Street) TOTAL BID FOR SCHEDULE A+ B $ I (TOTAL IN WORDS—SCHEDULE A+ B) Note: In case of a discrepancy between the words and figures, the words shall prevail. The Contractor agrees that the District will not be held responsible if any of the approximate ' quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be ' discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or ' excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal ' shall be considered included in the price bid for other various items of work. Accompanying this proposal is ($ ). NOTICE. Insert the words 'Cash 'Certified Check or 'Bidder s Bond' as the case may be in an amount equal to at least ten per cent of the total bid price, payable to the Costa Mesa Sanitary District. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted ' by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract; othenvise, said security shall be returned to the undersigned. CMSD Project No. 181 Bid Proposal Form—9 of 14 i 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 1 declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Dated at this day of 200 (Signed) The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: ' NOTTCE. 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. I CMSD Project No. 181 Bid Proposal Form— 10 of 14 1 CONSTRUCTION PROJECT REFERENCES 1 In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in 1 progress, within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR 1 1 i 1 1 1 1 1 PROJECT ADDENDA 1 Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED BIDDER'S SIGNATURE 1 1 1 i 1 ' CMSD Project No. 181 Bid Proposal Form— 11 of 14 1 '1 DESIGNATION OF SUBCONTRACTORS In compliance with the 'Subletting and Subcontracting Fair Practices Act' being Sections 4100-4113 1 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. 1 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. 1 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 11 finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License Of Work Subcontractor's Name and Address Number Class 1 1 1 1 1 1 ll 1 1 ^1 CMSD Project No. 181 Bid Proposal Form— 12 of 14 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. I THE CONDITION OF THIS OBLIGATION 1S 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 he and remain in full force and virtue. ' IN WITNESS WHEREOF We hereunto set our hands and seals this day of 200 I I CMSD Project No 181 Bid Proposal Form— 13 of 14 1 NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money or has given or is to give to such other bidder or public ' officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository the By- Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person ' whomsoever to pay deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. 1 I Subscribed and sworn to before me by I This day of 200_ tMy Commission expires: Notary Public I I I CMSD Project No. 181 Bid Proposal Form— 14 of 14 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. 181 Standard Specifications— 1 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 bid for the various items of work and must be signed by the bidder, who shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or 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. 181 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. ' 231 SUBCONTRACTS. GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CONTRACT BONDS The 'Faithful Performance Bond' and the 'Labor and Material Bond' shall both 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. 181 Standard Specifications—3 of 8 2-9 1 PERMANENT SURVEY MARKERS ' Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8- ' 1/2' X 11 loose leaf paper The Contractor and his sureties shall be liable for at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. ' Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 211 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 ' decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file ' CMSD Project No. 181 Standard Specifications—4 of 8 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 I EXTRA WORK. GENERAL ' The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer ' In absence of such written order any such work shall 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 ' the Engineer for checking. Using Form DH-H-347 Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. ' CMSD Project No. 181 Standard Specifications—5 of 8 1 APPRENTICES ' Mention 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 t which may arise from the operations of the Contractor in performing the work provided for herein. 1 Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not be cancelled nor the amount of ' coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter The insurance required to be provided herein shall be provided by a domestic carrier authorized ' to, and doing business in, the State of California and rated A+XI by Best Key Rating Guides--Property Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the District as an additional insured. 7 5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized ' agent for the contractor and that the Contractor shall be solely responsible for all work performed under the permit. ' CMSD Project No. 181 Standard Specifications—6 of 8 7-6 THE CONTRACTORS 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/OSHA). f. Standard Specifications for Public Works Construction (The Green Book) 7 13 LAWS TO BE OBSERVED ' The Contractor shall protect and indemnify the District, the Board of Directors, the Engineer, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the ' CM SD Project No. 181 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 t shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the ' Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. ' After completion of the contract, the Board shall, upon recommendation of the Engineer accept the work as complete and authorize the final payment. The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments. The final payment of the retention amount to the Contractor shall be made 35 days ' from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and shall be made on duly certified voucher therefore. It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material. ' The acceptance of final payment by the Contractor shall release the District, the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the ' Contractor under the contract or any alterations thereof. 9-3.3 DELIVERED MATERIALS ' Materials delivered, but not in place,will not be classified as work done, except as otherwise provided in these specifications. I 1 CMSD Project No. 181 Standard Specifications—8 of 8 SPECIAL PROVISIONS SEWER REPLACEMENT PROJECT ' Newport Boulevard at 19th Street Placentia Avenue at 18'h Street Project No 181 ' 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 `Greenbook ' A.3 American Society of Test and Materials (ASTM) latest edition. iB. 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 Section 207 17 Elastomeric Gasketed Joints SSPWC Section 208-17.3.2 1 CMSD Project No. 181 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. 1 1 1 CMSD Project No. 181 Special Provisions—2 of 2 1 COSTA MESA SANITARTY DISTRICT 1 ORANGE COUNTY CALIFORNIA 1 ATTACHMENTS FOR 1 SEWER REPLACEMENT PROJECT NEWPORT BOULEVARD AT 19TH STREET 1 PLACENTIA AVENUE AT 18TH STREET Project No. 181 1 1 1 1 1 1 1 1 i 1 1 1 1 1 I I STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION I I ENCROACHMENT PERMIT TR-0120(REV 2198) Permit No 1206-NUL-0556 • oistCarfiteIPrd ' In compliance with,(Check one): .12-ORA-55-1.8 X Your application of OCTOBER.18, 2006 Date I O tilifity Notice No. Of NOVEMBER;6, 2006 .Fee Paid Deposit In Agreement No. Of EXEMPT $ Performance Bond Amount(1) Payment Bond Amount(2) ❑ RAN Contrail No. Of $ S Bond Company - I . Bond Number(1) Bond Number(2) TO: I I _"'—I- ORANGE COUNTY SANITARY DISTRICT 628 W 19TM STREET COSTA MESA, CA 92627 I ROBIN.B. HAMERS, MANAGER 949-631-1731 I I PERMIT-TEE And subject to the foitowing,PERMISSION IS HEREBY GRANTED to: RELOCATE'EXISTING 8' COSTA-MESA SANITARY DISTRICT SEWER•MAIN DUE TO WIDENING OF I EXISTING CALTRANS AND bin: COSTA MESA SOUTHBOUND ROADWAY ,IN ADDITION BUILD'A NEW RETAINING WALL OVER.CMSD SEWER MAIN NECESSITATING RELOCATION, All performed work shall-be-in accordance with current Caltrans'Standard,Specifications and Standard Plans, I Section 500(Specific Permits).of the.Encroachment Permits Manual, the attached Provisions and Permit Plans stamped dated Odtotier23,206. Perniittee shall contact State Permit inspector SHAHRYAR DERAVI'at 949.756-7677 and State Storm.Water I Coordinator JOHN JALAL!at 949-724-2266 between 7 AM and-9 AM a.minimum of five.working days prior to the start of work. Failure to comply with-this requirement will result in,suspension of this permit. s I The following attachments are also included as part of this permit (Check applicable): In addition to tea,the pegnittee will be billed actual costs for. ® Yes 0 No -General Provisions. D Yes 6 No Review iEl Yes ® No Utility Maintenance Provisions I ! Yes ® No Inspection ®. Yes [] -No Special Provisions tI�� Yes No A Cai-osHA permit required prior to beginning tit Yes Q No Field Work ® p work; I . Of any Caltrans effort expended) (i Yes a. No The information in the environmental documentation has been reviewed and is considered prior to approval of this permit. I This permit is void unless the work is complete before' ' APRIL 30, 2007 This permit Is to be stfctiy construed and no other work other than specifically mentioned is hereby authorized. No project work Shall be Commenced Until all otter necessary pemuits and environmental clearances have bean obtained. PERMITTEE APPROVED: I FILE 08-0556 S..Deravi,.Permits J.Sall,Permits Chid ..Qbon, District Director,,.-�-'^"'—JJ`"'"'Y�! _ -.»..--' BY: j-a'' �L I � MTCE(2) "�-� Prepared by SHR _ ivirfSlohtasharni,District Permit Engineer FM9tt43a • I I ORANGE COUNTY SANITARY DISTRICT 7206-NUL-0556" -- NOVEMBER 6`2006 Permitteds Contractor(prime)shall furnish the-State with a signed application requesting a separate Caltrans Encroachment Permit called Double.Permit(DP);authorizing the Contractor to perform the Work within the State Right of Way on Permittee's behalf.A deposit of$1 476.00 is required at the time of application. Permitee's Contractor shall submit the following for review and'approvatalong with the DP application: 1. Traffic Control Plan 2. Shoring Plan.with calculations (if applicable) 3. Water Pollution Control Program (WPCP) • All subcontractors shalt each obtain a double permit from California Departmentpf Transportation (Caltrans)to perform the work within the State Right of Way,on Pemiittee's behalf. In:addition to the-attached General Provisions(TR-0045),the following Special Provisions are applicable: Permittee shall contact.the LOCAL LAW ENFORCEMENT JURISDICTION at least 48 hours prior to implementing traffic control measures. ' Whenever the work area is more than 1.83-m away,from the adjacent traffic lane but within a designated shoulder or parking lane, a shoulder closure orparking,lane closure acceptable to Caltrans shall be utilized. Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveted.way within the ' limits,of this Work Traffic control shall be under baltrans Inspector's directions. ' All components of the traffic eohtrol system shall be removed from the traveled way and paved shoulders at the end of each work period. - ' Orange vests and hard hats shall be wom.at all times while working within State right-of-way The full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, atter.3:00 PM on Fridays and on the day preceding.designated legal.holidays,"9nd when construction operations are not actively in progress. Safe access;through the Wdrk area shall be provided for bicyclists and pedestrians at all times,when required by the State Permit Inspector. Aft backfill shall meet Caltrans'Standards. All steel plates shall be recessed, spiked and welded. ' All striping shall be replaced in thermoplastic: ' All excavations shall be either backfilled by the end of each-working.day, or otherwise secured to protect the public. In case of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions ahaltprevail. ' Unless otherwise approved by these Permit Special Provisions or by the State Permit Inspector no'freeway lane, ramp or shoulder closure is-permitted. Immediately;following completion of the work permitted-herein, Permittee shall fax to 949-724-2265-the Work Comp letion.Notice/CustoinerService"Questionnaire to facilitate final permit processing. 1 `pSig _ CITY OF COSTA MESA t �:4 6. , .CALIFORIl1.�0202&/2W P.O.90%'200 Y PU WC 5 ERV ICES OEPNiTMFM ' °notetc, CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT ENCROACHMENT PERMIT REQUIREMENTS ' 48 HOURS.MINIMUM REQUIRED FOR PROCESSING PERMIT IN ORDER TO APPLY FOR AN ENCROACHMENT PERMIT FOR WORK WITH IN:THE PUBLIC RIGHT-OF-WAY THE FOLLOWING INFORMATION IS THE MINIMUM-THAT MUST BE SUBMITTED: 1. Detailed drawing showing: proposed work (3 copies) to-be approved by ' Engineering:Division prior to permit issuance. 2. Contractor's 'Information. Work within the public right-of-way must be performed- byra 'licensed,contractor qualified for such work. Contractor's ' iriformation.to be submitted as follows: A. Contractor's name,address,phone-number ' S. 24-hour emergency contact name and phone number C. Copy of State Contractor's License Number D. Copy of Contractor's Certificate of insurance dated within 34 days (see back for Insurance Requirements) E. City Business.License Plumber 3. Proposed start and completion date of work. ' 4: DIG ALERT Ticket No. (Call 14GO-2Z7-2600 to obtain Ticket No.) 5. Permit fees-and deposit(if required, see fee schedule). 6. If lane closure is proposed applicant Must-submit;traffic control plans to be 'approved by the Transportation Seances Division priorko permit issuance, ' Other submittals'mray"be-required depending on nature•of:job. .Please contact the Engineering Division at 714-754-5323.f&additionat,information. ' 77 FAIR DRIVE PNO7JE 1714)754-5'13 FAX UM?&4.3'775 1033: 171417E 5244 viww.CG.OJsta.iflesa.ca.uz 1 1 I - I IICity of Costa Mesa, Department'of Public Services: Application:and Permit for Work De No. scribed Below PERMIT No. ' vErw on NO. moms I. s rtaao f W a)of [tor The el Woos lo be DoAe - — I SISIDato `Paint Nal Valid Alter _(Expiraaan Oa l) R4rlNn Coo/radon Name mist - Telephone No.IDaY) 4.4914) .. award stain Slab Lkdna No/CIO.; - City Duo ass UUsho Nn _ I Appfranre None - Addeass M1 - TOIepM,nrttb 'Devekpre Nmo,-„,,,,,,,,� Tr pions No. Rani*of eswonoeCo VrSuranCO CM.No(s) 2441oar FSnmpenc(COntaa Tosatsxro No. I Ss FEES _ 4D HOURS MINIMUM REQUIRED - PERMIT APPROVEb FOR CITY ENGINEER ' Cash Depots S FOR PROCESSING PERMiT ,:swarm S By Date ' Inspector, S Apwuntq - writ R underground Sondes NM ID No, .Parched Mall contact tho CM repeats oft*Rseans)at bad 24 Inuit Oct N mmmerclog any work.Fdtae to ar b,prow snip:d iens pea-to mnaciair on of ma”may bo aura for as rojtodora MS PERMIT WITH APPROVED PUNS MUST DE ON THE:MD non AVASLARLE TO CITY REPRESENTATIVES AT ALL TIMES. Yee en Woad try I Mum-teal Coda So6nu 131,15.23-.1S2T,1S27, 1540and15-43. DIE UNDERSIGNED PERItTIEE HUMP CERTIFIES: The a work shall bs potermso M seeadante*tut the SLendstd Specmeapais for Public W.bA,Comtnrc r.i(Wag oo.ony Starbanl Olav)nos of the try o Costa Mdse;spode)aDondy pronsia+s;and pa npp/Wle tan irMSnrn.wes. 2. Carbol of babe shell conform Ic ale Work Are Tonic Control Handbook(W&TOM)(larod 00E434 Thu ponelon Nut bush bndJct instill all dens.IVs Lu(eadaa.Waft COON or Mmine dooms,Ragmen owl Mddty prow bond.The parrvpaa shell*Ws swami ot enTmrsporadon Saviaw Eaptoce t,oe ovnor I *awn,datxnd,We rasakaons,prkbp pohatoas arf mamas o1 aimmJMdaanp rata The eormOoe shop,nosy Entreat y,Flo end Polka arAaa at misdeal or"bosses MmM4ma(2I)Ifwrs In advanced any not,lineation or oeidc rosldcdons. 3. Thal a nu.rumof lane(:)maybe dosed II norarary Io palm,wprk velfie,Vie cabs ill/hl ofnaydae9 lM hetn of Eno a-ni..J:uap.m;M$nnday Omolgh Friday asbrq es bate cart be mnlnb bM In ard,denha with damonunbu oaerMss acporred bythetrmayotab,Sejdcaa Esiptwa 4. ThM1hwgfnul al plasraoloaseuWentwwat:d4 seal be Naps et nand NOS of Nbbi3A de cis and dust aedralrone dal be Insintikusel. I summer'Rot NOTESDEOW;Onso c17an%se orarUW balk lnapnllenDmn.liiba bided At IN apptvrd beady rola.) t. Cdyva pavNeiispxear baeet,7:30 em and De pro;Motley!smutOita/(eawpt on CO/cOstwbllrbdeyl). 2, Price Its plod no Poland Cmao Cuevaalea'POW'WOO=4AC.),rho fos]MagwilI rump uanbawoU:In1/21applb100; live O.aid bnPonod0 3. Curb and sloth than aai be to loved on the day prior roe wanted or a Cty observed hendsy. F.9r ara-an. toll by curb ad&Air rm'wial MSfl win deacwees pxrtrncad an the coma dye 044 modal deals. Dora wads al iem4,webs end&paws.tedewsaa.croSeeitlea and dri s shy a orbit wo.:Teaming Isnitaaorgd. d Opeaexovaams mudboteS,raod aphledwfd.ephhas end AC.hxfwd round edges Axingnm+vaMnioaUr 7. Skkwalk tied a be toolauaoalci CIO of Costs lava Stsaerd Omleo Na- a CS(vcway approach still be oaannneV re City et CostaANSa SIaaJSMOra are Ito - t rio tralgc aian.oaf ecnWla toe maimed*of saran dint N4ySee sane earS elite. to Trondt.wmpp[Ywr tied nsurkkarp ales wnbnn b Cry cfCosb Miss S4ntad DrwMna tit 013 11. .beeches rooming five 15)Net In depth rqulre a pane km the OM ien or I,duaalaiSatey,Sale at CM/tam I .12 Pomade gra pay for OS E..wrrpaotIca aria mntadNs tags clamed necessaryhi the City. 13 All oath- to be pamarrntly etched whin ten(10)days d smhrfaan of perk btuirt,rada. 14 .Pramhao shall pinkies the Clywilb record erawrrps of japuned wan beime fivt insTeetiter tytiICOy: Pannaaa wtatoI4.Bad 40"41.10 hi bold-harNess ayeemant nlpslred War CMMC SWioa ISM and pbled on an raveled duns upollcafon to Other I 'NOTICE Cenleetar mutt natfydw fatanirp U0bly Companlo nowoadnp daft bc4andxhtvJ was: •u`•.Costa Men Slowly MEMO -Mr a Censolldalta Water Crsbact UNOERCROUIIDSERVICE AIFRr 014)531-1731. 714)631.120 Toll Free-1400-4.224133;After Hcurs a NI:Una-(114)7384031:(213)4114111 I -INSPECTION RECORD I IntOdctor of;WOWS _ - CERTIFICATE OF INSPECTION inor Cote -a0 ly)a eh PCmvt-MSI Mr. a:mtNeted srrwsao a to plan - - - no p.irsadens:and 1 pretty _. .core Ito wart.-e Los manmr Dale EMO,/ ' f ce tify I have read and understand all of the above and that all statements made are correct and complete, Canary-Ggrwmpe ' -nnY-Flwea ... CN*'Fina=aedri^r Appf-reanik Si�xiNie Dab 3 COPIES OF SKETCHES OR PLANS ARE RaCrumD PRIOR TO PERMOT ISSUANCE THIS APPLICATION BECOMES A PERMIT WHEN APPROVED AND VALIDATED I M_ I " ,CCITYOF COSTA•MESA of = /a' 77 Fair Drive,Costa Mega,California 92626` rycan?.. 1 To:'Encroachment Permit Applicants PLEASE GIVE THESE REQUIREMENTS TO YOUR INSURANCE AGENT ' The City of Coita}Mesa' requires.certificates of workers compensation, general liability and.automobile,insurance before,you can be,issued a permit to encroach on°CITY;property All certificates-must'contain;the following. o' Ceitificate°Holder'— Certificate-rnus be dated within 30 days of application (see.sample),'Certificate.Holder.must be 'The City.of Costa':Mesa' ' o Workers' Compensation. — _Minimum policy limit ,requirements are $1;000,000 bodily injury by disease; and. $.1;000,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration-of Non-employee Status form available-from the ' city In lieu of a certificate of insurance,"a certificate of Consent to Self-Insure issued by the California Director of:.lndustnal.Relations.is also acceptable. ' o General Liability- Miniriium•policy !knit'requirement-is-$1;000,000 combined single limit coverage,with insurance:designated: °per-occurrence: ;Insurance imust.include coverage for ongoing operations and completed operations. o Automobile Liability — Minimum policy limit .requirement. is $1,000;000 combined:single•liMit coverage.with insurance designated.`per occurrence. o Change in Coverages== The;foliowing wording must_be added to the policy by endorsement: `Said policy'shall:not-terminate, nor shall it:be°canceled nor the coverage reduced, until thirty. (30) days after written notice is given to CITY o Excess and Non-contributing—The following wording,must be added to the policy endorsement Any other insurance maintained by the City of Costa shall be'excess and not contributing with the insurance provided by this ' policy ❑, Additional. Insured Endorsement _ (for General Liability and Automobile only) — This must be a separate attachment,naming:the. City as additional. insured: The endorsement must include the policy number.and the wording of the additional insured must be exact, stating: "The City.of Costa-Mesa, and its elected and app ointed; boards; officers, agents, and employees are additional insureds! ISO;Forrn CG 20 12 07 98,;bra comparable equivalent, must be used. ' For assistance,_please call Jim Thyden at (714) 754=5228: i RnrixJ W95 I ' POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMIT This endorsemeht modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ' State Or Political Subdivision: The City of Costa Mesa end its elected and p 'nted bias s offi ers,agents,aid" ployees are ' additional insureds. ' (If no entry ap:-•rs boy-:,:i motto to i, di( complete this end B ill be shown in the Declarati• s;s.:•• icabl e is •nderse nt, Section I -Who Is n ns ed is,rrende to inilede an insured any state or political subdivision shown in t:e Schedu , •ubject tot = blloiv provisions: 1,This ins ce api i ly w • expect to operationsperformed'by.you or oh-your behalf forwhich!the state or :•liti = ,•u6•' •sio has Issued a permit. 2.This ins. -n does not apply:to: a_ 'Bodily injury "property damage"=or"personal and.advertising injury arising Out of operations performed for the state or municipality;or b. 'Bodily injury' or 'property damage'. included within the 'products-completed:operations hazard" ' Any other insurance maintained by-the City,of_Costa Mesa shall be excess and not-contributing with the insurance:previded by this policy ' CG 2012 07 98 Copyright, Insurance Services Office, Inc. 1997 ' afros __ --.9__ 1 1 I I I _p i N " y ti ✓• O p N to O 6 co. .c I .6 C 'O d O "C N R a. "U y' m m - C C I a isi: — 0 0 U p 8 u, ,ss 8 U ^ _� c o . N v 0 0 1 E CC _ . Cu x W N N ,Q, 'N 9) (0 �G L I re .41 :� ..O .m N 0 Q L� .6 a 4 0 Ltl W - "� - 4 LL . a a . _ c• o Q LL _ z 1 2 z' n . . - FQ-, 4 K o '0 0 0 0 0 o b o 0 b o Ci o p o p e 'S =0 co O O o 0 0 . i0 ;0 0 0 0 "0 0 L o ,o O O w W -i4 -C) 'O O 'O -O .0 0 .0o to fD 9 'tn to 6 '0 p It) .t!) 0 O - `� to V' V' W O o t7 'O N- 00 to W "(0 n to O N V b w CO N t7 N •O 'V eC to .N , m CO t0 cV N I(_1 N :.-- c7 1 u � � = LL m O}F -m ' w - . - a _i N CA I.Il . 0 . 0 - I N - 0 F. x I o - Co N U w m _as c .a o . -c 1 W q to -- E a ,... < ' v w E ro 'E-0 m - - Q — m - E o C > -a co '- C O -m R C L `] to V C 'S J - N C r O .O C LL Q E ••. ? J .a a N N aN c_ :m CO `S .U0 2 '-2 3 E .) `m c "L a, .m 0 97 0 o .? .7 .N V c c -N -. .0 77 "p 1 N -` N L r9 0 0 0 0 0 0 W W -J 0 n. .tn t71 •(n UI .N V- a > .� I I 1- - - - ' OVERLAY MORATORIUM RESURFACING REQUIREMENTS ASHPAL T RUBBER HOT MIX (ARHM) THESE CONDITIONS APPLY TO STREETS THAT HAVE BEEN RESURFACED WITH ' ASPHALT RUBBER HOT MIX WITHIN THE LAST FIVE (5) YEARS. IF THE AC IS CUT OR DAMAGED CONTRACTOR;SHALL RESURFACE STREET PER THE FOLLOWING MILL AND OVERLAY"RESURFACING REQUIREMENTS. 1 The Contractor shall.restore the roadway surface within the.work"limits by milling and ' overlaying, minimum of 2 inches, the entire lane(s)where the trench is located. A. For trenches perpendicular.to traffic lanes: mill and overlay-shall extend 50 feet ' on both sides of the trench and will include the entire travel'Ianes. B. "For trenches.parallel to-Waffle lanes and'for small'excavations:.mill-and-overlay the entire width of the traffic lane for the full length-of the trench, but not less than 100' ' 2: Restoration of the-roadway shall be continuous and no joints will.be allowed. All roadways,vvithin the work limits will be restored in One operation:-No piece-meal milling and overlaying:work will be permitted: The Contractor shallnot proceed with ' the milling:and overlaying operations until direction is given by the City Engineer 3: Any existing improvements damaged by the Contractor shall be replaced as directed ' by the.City Engineer ' 4 ASPHALT RUBBER HOT MIX.(ARHM),WET PROCESS shall conform to subsection 203-111 Asphalt Rubber Hot Mix Gap 5: Graded" (ARHM=GG)of the Standard Specifications for Public Works Construction. The graded aggregate"shall'conform to subsection 203-11 Class ARHM-GG-C. ' 6. ARHM-Surface course shall be Type G'and shall be provided for the surface:wearing course only 7` All work-shall be completed within 90 calendar days from issuance of permit. 8. Contractor shall submit the asphalt mix'design to the City Engineer for approval prior to start of work. UPDATE1103/28/06 1 1 1 �- 1 4\ 1 1 SAWCUT FULL EXTENDED REMOVAL DEPTH (SEE NOTE 2) REPLACEMENT PAVEMENT fr (200 MM) I ( A OR",P:C.C. .MINIMUM. A:C. 41w.w.w.,\ ExX,ISTINC 1' 1 PAVEMENT (25 .MM) 1 (B) (A) (A) (B) �c UNDER 24 12" (300 MM) 24 AND OVER. 18" (450 MM) 1 BACKFILL ZONE SEE NOTES 4 & .5 ' 36' (900 MM) I MIN. 12 _MIN.. WARNING -TAPE 1 (300 MM) L (OPTIONAL) 1 PIPE ZONE 6 MIN: SEE NOTE 3' 0' S" MAX. (200:Mho) I6" MIN ' i (150 MM) I UNOISTURBED 'SUBGRAD£ I N T.S. NOTES. I0 SEE.SHEET 2 OF 2 1 CITY OF COSTA MESA TRENCH DETAIL PUBLIC SERVICES DEPARTMENT. Stilt I APPROVED BY /i`.'_'"� 1f1/Si°t g1.3_ 1 CRMCSTO sUNO OTT (? N(CR R1w Yyna OrICTOR OF.rs.c 1(RMCLZ 1 FILE NAME. STD-813AWC REVISE0 7 SHT 1 OF 2 I tea I 1 kit( 1 F itt o 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' (CREENBOOK)s 2. ALL.SAWCUTS:SHALL-BE.A STRAIGHT CLEAN LINE IF THE TRENCH:SAWCUT LINE FALLS"WITHIN 36 INCHES OF AN EDGE I OF CONCRETE, CURB'FACE', JOINT- LANE LINE, OR ANOTHER SAW CUT UNE. THE 'EXISTIN&ASPHALT CONCRETE'PAVEMENT BETWEEN THE TRENCH' TO THE EDGE OF CONCRETE, CURB FACE. JOINT LANE LINE. OR OTHER SAWCUT UNE SHALL BE REMOVED AND REPLACED: I 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 UTUTY NO NATIVE-MATERIAL SHALL BE ALLOWED. 4. C.M.B. SHALL BE,UTILIZIEO "FOR,MATERIAL IN THE 'BACKFILL ZONE FOR ALL TRENCHES GREATER THAN 12-INCHES IN I WIDTH. NO NATIVE-',MATERLAL,SHALL,BE•-ALLOWED: 'THE:'C.u:B.JS"TO BE-COMPACTED,JO.90%.'MAXIMUM OENSiTY,TO A POINT 24 INCHES BELOW THE ROADWAY SURFACE.••WITHIN.THE'REMAINING 24 'INCHES OF THE ROADWAY SURFACE, THE C.u.B. SHALL BE COMPACTED 957. MAXIMUM DENSITY I 5. SLURRY (CLASS TOO=E,100) WB.L;BE;ALLOWED-,IN,=THE "BACKFILL IONIC ONLY IF THE TRENCH IS EQUAL TO OR LESS THAN J2 ;INCHES-IN WIDTH.-A 6'.INCH .THICK-LAYER'CIF,C.M.Es': COMPACTED,-TO 95%MAXIMUM DENSITY ESRAJ.L BE REOUIRED ABOVE THE SLURRY AND.°BELOW THE ASPHALT:CONCRETE PAVEMENT::SECTION. I 6; THE SURFACE-COURSE THE"ASPHALT CONCRETEE.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•AR.H.M: THE REPLACEMENT SECTION SHALL INCLUDE.AR.H.M. THE MINIIAUM THICKNESS of THE 'ASPHALT CONCRETE REPLACEMENT SECTION SHALL BE-B INCHES= - 1 7 IF'CEMENT'TREATED=MATERtAL'ISi ENCOUNTERED. THE,PROPOSED ROADWAY' STRUCTURAL SECTION-IS TO BE APPROVED BY THE-CITY ENGINEER. I B: WORK ON STREETS-DESIGNATED ON-.THE+CITY'S MORATORIUM'LISL_SHALL, REOyIRE ADDITIONAL.PAVEMENT R_ESURFACIVG:AS- OUTLINED:IN THE'-MORATORIUM :REQUIREMENTS. WHICH'MAY.CONSIST'OF"SLURRY SEAL, MILL AND OVERLAY OR - 1 RECONSTRUCTION. ' 9. MATERIALS TESTING PER GREENBOQK:SUBSECTION;306-1.3-AND-306—r,5. t . NO TUNNELING-UNDER CURBS AND CUTTERS, SPANDRELS, CROSS-GUTTERS. OR -SIDEWALKS WILL BE ALOwEO. 1 - II CONTACT;SURFACES..Or EXISTING.PAVEMENT-AND CONCRETE'.SURFACES+',SHALL-BE-GWEN. A TACK COAT?BEFORE-PLACING I 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-ACCORDIJICE-WITH THE LATEST EDITION OF'THE WORK AREA TRAFFIC CONTROL HANDBOOK' (WA:T,C:H:). 13. ALL,IRAF.FIC .STRIPING, LOOPS, MARKINGS. AND:PAVEMENT MARKERS OAMACEO' ST THE CONTRACTOR'DURING I CONSTRUCTiON'SHALL BE--REPLACED" TO THE SATISFACTION OF THE CITY-AND CONFORM TO CITY STANDARDS-WITHIN 40 HOURS OF RESURFACING. 1 - CITY OF COSTA ,MESA TRENCH DETAIL rnM I I - PUBLIC SERVICES' DEPARTMENT ys• 6 .cC - ' STD: OQWC. 'NO ' "APPROVED '8Y A _ ' 2l/ 0Z.. , 8� 3 ` E E3tD•.tIt err ccmca'", e!E I. WRFC.I •pAECT0I1 C� i � +- FILE NAM-E. STD-813 REVISED: SHT 2 OF 2 II - 1 I " Alhambra Fdry A-12.74 frame and cover per SW. Dwg. N° 'S-.105 1, t-1, Grade rings. =WI hi NIP 44 6 Eccentric cone I ' ' 1 11===d1 \ 1. isti C n C I L- /.a tra ; � _���e-�� * �. ' �1 ,4; SECTION A-A SECTION a-B to-= z V I.TIMIT5 AT t3Drx. O t ES . 1 INLETS ApD.W71t15 FOR es— B V.C.P.'GDpsL' I manholes shall be precast cdncrete.as manufactured I �p 'by-Associated.Ibncrete Products, Inc. or approved 4tt�ti equal I A 1 ) A 2. 'Concrete base and stub'walls.shalI be poured In one a;. . , Irr _...r__ ..: j operation to an elevation 2" above top of pipe. ' ,° e.sl0 a slope I. P, P. 3. Concrete shall be.Class- 5G0 G 5P50 i A. Depth of the channel shall equal pipe diameter for tr" - "•' all sizes of,pipe. I 5. The floor of.manholes shall be steel troweIed. 1 C Steps shall be Polypropylene w/e l/2 diameter steel care � .B meeting ASTM'A "82, ASIM C-476, ASTM-tyeeln grade 4758, 16' q.C. 1` SECTION C-C 7 Manhole bases must be poured against undisturbed ' soil I4::: : B. Steps for manhole shall be placed upstream, - ` 9. Mortar for joints-shall be per'Costa Mesa Sanitary District Std. 0w9. no. 5-403. Izgvl°gta ('/21/°.do i .. DOte c 18 62. C©STA MESA SANITARY DISTRICT Approved■ r; I . 4 Standard 481* f D. Manhole District_Engineers R.C.E. 31720 Drawing Ne S — MO I 1 cr 10:9'`:. s° ' :r :'. , n a_ . . .2 s!-ir.-N ., :_ .4" II E:._ 2 . 2 .117111T5 AT 50TH s HAFTS MID OUTLETS FUR ' i:: wall +I • an (` ` std;tee I a . I., r • I V ir 111; SECTION A-A 9b°bend '. NOTES, S-. I Manhole construction shall conform to.Cobta Mesa San itary' District'Std. Nog. 'No. S-IOU. 2. Concrete encasement shall be Class 5L41 L. 32f0 k. 3. Encasement shall l be poured'á'gainst undisturbed Soil or temporary. forms to the dimensions I ; . shown above. 4. v.C.P sewer-pipe stiall..not protrude into'manhoIes. I l 5. Steps for drop manholes shal, be Instal led-downstream. t• b. DROP.MAAIHUIE TU:OFUSED•WHEW 9&FE OF IMAM MAIL EWEDS 1036 1 I .. _ COSTA MESA SANITARY "DISTRICT Approved Q(_,,, Distilet Engineer-R.C:E. .3172D Standard Dro p 'Manhole Drawing N" S"-102 , _______ _ ____________ _ _ __ I, ii. _, I r ."-'--,'":-.,----f",;--s r.i;;-:.4c,.:s: .,.. U t Ir t be 6" 1 t 1(3 Eli•d rV, -r .. I -' r; el: field mortar, l:3 mix ilm I: (plastio cement) I in % or sealant I A 1 II 1 ei: .'4 1 M e Cill a kg t isa i ale or ral:-—-r- ii TYPICAL. - JOINT' ,DETAIL pi: i Et Ir.% IC I tel- ...„,----1010E 11AM14011----Y) 6 ! 1.1 4" - . k . -.. • • : :;1 field rnortar, 1:3 mix' (plasticement) , c .. -.- . Y- , 4f A A • -nd..• . . I r• manhole base . . . -.--44.; • t kik A I t; rt; MORTAR SEAL AT MANHOLE BASE I -Ai --, igre.• • le I tti?: - R€V.RED III 23-85 , Date. D.-1578Z Pi COSTA MESA SANITARY DISTRICT Apptos-d, A :filer.•• ?t - District Engineer-R7C.E. 3l721) .,. --ti Joint Detail ,p Drawing N2 S'-I03 . ,. :- I ,9tIbrr"z- ' e3:1..,:, ,-,,,..,..L',.,'I.:'-,":".1.71,115:11-41,5/171117--;-ltittro".-w.i• ritt----x,- .1il•; '' . 2!- f tC I IL' f r.-.,1 I 'it ---,Li . 1 a . Concrete collar ELMS 501, mu CDAJC,RETE I c-r'.1 ..14- \--A C. paving it? I '5741 1.Type .. .. .._ . "g .. 0 ■ ,. _ _ , . ',,,*,,..N.4-• -.,.-;:i, 1 Ile r et :#4.6,4•Aidar ,„ = c.474...irtzl-sf. 13,:-0:00 - 1 1,:g NI 0 II '' ---f- i , 1 154 It..--- f':f:-.T: I 1 NOTES P I. Sewer mtnIrole frame and cover shall be Alhambra Foundry A-1270 or approved equal b.. 2. sElillER ID OE 'RAMPED ' 5EWIR I -114 . 3 See Std. cat,4. .S-103 for grade ring joint detail. ../ 1:4', 4. See Std. 04. 'S-10:1 for manhele construction detail I ';-i:.1 ii I ! . I - III a7 If ....,,. I ,-,; . ..brH Dag;_f..18..8z COSTA MESA SANITARY DISTRICT Approved I 4 Manhole COver Detail District Engineer- .0 E-. 317211 1 Drawing N2 S - 105 if ... IL ,,7:7•77: -77.1.t..,„ II e P 1 I i TRENCH LIMITS 'CONCRETE(W/REBAR WHEN NOTED 'BELOW) r 1i DISTANCE AS c .DISTANCE AS REQUIRED BY REQUIRE]) BY I INSPECTOR _ INSPECTOR. CLEARANCE 3/4" GRAVEL 'EXISTING SEWER LINE ' IF CLEARANCE IS 8" TO 18" USE 4" CONCRETE SLAB OVER 4" OF 3/4" GRAVEL IF CLEARANCE IS LESS THAN 8" USE ',CONCRETE SLAB' W/ REBAR OVER 3/4 ' GRAVEL AS REQUIRED BY INSPECTOR I i CASE I IIREPLACE '6" .OR -8" VCP W/DIP (SEE NOTE 4)' IJOIN EXISTING W/BAND SEAL REPAIR COUPLING CONCRETE CRADLE WHEN 6' .OR 8" EXISTING EXISTING CLEARANCE IS LESS lissesall,VCP ' ;, 6" OR 8" THAN 6" II SEWER 'UIswat yt � 11 MIN CLEARANCE I 1' MIN' ' ,- e 1 ' MIN ;�P ° '' SEE INSPECTOR New' USE 'THIS CONCRETE New FOR SUPPORT a SD. CRADLE WHEN, SEWER S.D. • REQUIREMENTS I J IS RESTING DIRECTLY IF CLEARANCE • ON STORM DRAIN . IS GREATER CLEARANCE 6" -OR LESS THAN 6 I r CLEARANCE GREATER THAN 6"' 4 .CASE II CASE III k Notes 1? 1 Fox use in conjundtion -with storm drain construction in the vicinity I of sewer lines: to ,prevent damage to sewer• during backfill operation 2 This standard does not, meet the State Department of Health, require- me±jts. for sewer and- water crossing 3 Case III may be used With .the construction of new water main with prior .appreval of District Engineer. 4 10" VCP or larger to be protected in place per inspector require- ments 1' 5 Concrete shall be Class 420-C-2000 V- ; COSTA MESA SANITARY DISTRICT Date` gyp(, Approved. Jam" I !is SEWER-STORM DRAIN CROSSING District Engineer R:C.E, 31720 Drawing No 5- 109 V 22 I : NOTE ALL CONSTRUCTION TO MEET LATEST STATE DEPARTMENT OF HEALTH REQUIREMENTS `\ ' � o e A` Zone P Zone A ' —2 i • ` 2= I.1 water\ I . ' Zone.` \main /��_Zoner: —6:-----3C --;:- ;1317---- 7.--Zt-----6'n I ! . ,...;,,, , ' PARALLEL CONSTRUCTION t. If .a main line sewer can not be located 10. or more feet from a Pressure Water Main and must 't be located within any of above zones special I e construction wilt be required as called out below NEW SEWER Zone SPECIAL CONSTRUCTION REQUIREMENTS . I - A NEEDS SPECIAL APPROVAL FROM DISTRICT ENGINEER I4 B EXTRA STRENGTH VCP W/ COMPRESSION' JOINTS OR DIP W/ . `COMPRESSION JOINTS IP PROHIBITED. ZONE, NO SEWER ,LINE ALLOWED IN THIS AREA • Notes F,C 1 Parallel construction of Sewer Force Mains will Ic not be permited in any zone z S Y s COSTA MESA SANITARY DISTRICT pate' �( �.: € Approved �1�40 ' ., PARALLEL-,SEWER: CONSTRUCTION District. Engineer: R.C.E. 31720 ' IN VICINITY 'OF WATER MAIN Drawing' No S= I•I 0-A ' w�:tr, .^irk"Ykysic. :,E"':F:7°C."4 vas NOTE ALL CONSTRUCTION, TO MEET LATEST STATE DEPARTMENT OF HEALTH REQUIRE- ' MENTS i IF 1' OR GREATER NO REPLACEMENT IS REQUIRED 4' 4' _> Water - ' BAND SEAL , Mainf" 4 4"Mini BAND SEAL 1 SEWER LINE fi• -, REPLACE SEWER LINE WITH CONTINUOUS ' ` SECTION OF D I P "WI HOT DIP BITUMINOUS ; COATING Iii "CROSSING UNDER WATER LINE(-SEE NOTE?) M REPLACE WITH D I P. WITH HOT DIP BITUMINOUS COATING' BAND SEAL .'r REPAIR -COUPLING MECHANICAL (BOLTED) JOINT ON DOWN. STREAM SIDE ALLOWED lt "SEWER LINE ` 0"t 4' Min• BAND 'SEAL 110' '"Water l0' REPAIR COUPLING Main I - I -CROSSING OVER- WATER LINE(SEE NOTE 2) y Notes: 1 Perpendicular construction of Sewer Force• Main in any zone requires apptobal b' District. Engineer 2• The sewer construction requirements shall apply to house laterals �1 that cross above "Pressure"Water Mains, but not to house laterals that lip that Water Mains 3 Where a .sewer must cross over a •Water Main, it should cross at a 90° I1 angle if possible and the- length :of sewer. pipe shall be centered on the Water Main so that sewer joints are 'the maximum distance from the .Water Main 4 -Standard Drawing No 109 (Case II"I ) may be used with the constructior I, of new water main with prior approval of "District Engineer. IC Date. I r COSTA MESA SANITARY DISTRICT Approved #146ww _ Ii' PERPENDICULAR SEWER CONSTRUCTION District Engineer R.C.E. 31720 lq IN VICINITY OF WATER MAIN Drawinq No S-:lI0-B 24 I; , aLa: :' I COSTA MESA SANITARTY DISTRICT ORANGE COUNTY CALIFORNIA CONSTRUCTION AGREEMENT ' THIS AGREEMENT is made and entered into by and between the COSTA MESA SANITARY DISTRICT a district formed pursuant to the Sanitary DISTRICT Act of 1923 (hereinafter referred to as 'DISTRICT"), ' and (hereinafter referred to as 'CONTRACTOR"). RECITALS ' WHEREAS, DISTRICT has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract; and ' WHEREAS, on after notice duly given, DISTRICT awarded the contract for the construction of improvements hereinafter described to CONTRACTOR, which CONTRACTOR said DISTRICT found to be the lowest responsible bidder for construction of said improvements. ' The Parties hereto agree as follows: 1 Scope of the Work CONTRACTOR shall perform the work described briefly as follows: The aforesaid improvements are further described in the 'Contract Documents' ' hereinafter referred to. ' 2. Contract Documents The complete contract consists of the following documents: 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. 1 All of the above named documents are intended to complement one another so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the 'Contract Documents' ' 3. Schedule All work shall be performed in accordance with the schedule approved by DISTRICT's Engineer and under his direction. 4 Equipment Performance of Work CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for, and in the manner designated in, and in strict conformity with, the plans and specifications for said work which said specifications are entitled. ' The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed as required in said plans and specifications to the satisfaction of, and subject to the acceptance of, the DISTRICT's Engineer or his designated assistant. 5 Contract Price The contract price shall be ($ )with adjustments up or down in accordance with bid unit prices as finally calculated by DISTRICT and CONTRACTOR. The CONTRACTOR agrees that the DISTRICT shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of 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. 2 1 1 7a Job Progress CONTRACTOR agrees to maintain a critical path analysis throughout the project. CONTRACTOR agrees to meet with DISTRICT'S project manager or designee on a weekly or other ' periodic basis, or as requested by DISTRICT to review job progress. CONTRACTOR agrees to provide DISTRICT with critical job path analysis documentation whenever job progress is impacted so that the ' completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days or additional damages. 8. Extension of Time If such work is not completed within such time, the DISTRICT Board or its designee shall have ' the right to increase the number of working days in the amount it may determine will best serve the interests of DISTRICT and, if it desires to increase said number of working days, is shall have the further ' right to charge to CONTRACTOR and deduct from the final payment for the work the actual cost of engineering, construction review and other overhead expenses which are directly chargeable to CONTRACTOR and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges; provided, however, ' that no extension of time for the completion of such work shall ever be allowed unless, at least twenty (20) days prior to the time herein fixed for the completion thereof, or the time fixed by the DISTRICT Board or its designee for such completion as extended, CONTRACTOR shall have filed application for ' extension thereof, in writing with the DISTRICT Manager/Engineer addressed to the DISTRICT Board and its designee. Said application shall be made pursuant to the requirements of Sections 20104 through 20104.8, Public Contracts Code. In this connection, it is understood that the DISTRICT Manager/Engineer shall not transmit any 1 such request to the DISTRICT Board if not filed within the time herein prescribed. 1 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. 3 1 1 10. Performance of Sureties ' In the event of any termination as herein above provided, the DISTRICT shall immediately give written notice thereof to CONTRACTOR and CONTRACTOR's sureties, and the sureties shall have the ' right to take over and perform the AGREEMENT provided, however, that if the sureties, within five (5) days after giving them said notice of termination, do not give DISTRICT written notice of their intention ' to take over the performance of the AGREEMENT and do not commence performance thereof within five (5)days after notice to the DISTRICT of such election, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages occasioned DISTRICT thereby- and in such event, DISTRICT may without liability for so ' doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 11 Disputes Pertaining to Payment for Work Should any dispute arise respecting the true value of the work done, of any work omitted, of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to ' CONTRACTOR during the performance of this Contract, such dispute shall be decided pursuant to Section 20104 through 20104.8, Public Contracts Code, as the same is now 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. 1 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 37 16. Observation and Testing Materials t 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. 1 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 which will interfere with the performance of work by any other contractor 19 Payments to CONTRACTOR ' (A) On or before the 25th day of each and every month during the performance of the work, CONTRACTOR shall submit to DISTRICT Manager/Engineer an itemized statement of 5 quantities with unit prices of materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto. On approval in writing of said statement by DISTRICT Manager/Engineer it shall be submitted to the DISTRICT Finance Department and then to the DISTRICT Board. It is understood and agreed between the parties that lead time for processing invoices for inclusion on the ' warrant list of the DISTRICT has been established by the DISTRICT Finance Office and that invoices for payment will be processed and paid in accordance with any established rules and regulations of said DISTRICT Finance Officer Payment shall be ninety-five percent (95%) of the amount invoiced, the remaining five percent (5%) to be subject to the provisions in Paragraph (B). The payment as provided for herein [except for the retention provided for in Paragraph (B)] shall be made the day following its approval by the DISTRICT Board at its next regular meeting following the submittal of the invoice to ' the Board by the DISTRICT Manager/Engineer (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: (A) 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; (B) 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 se . 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 t Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT provided such active negligence is ' determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will only apply in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICTs active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. 7 The obligations on CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub contractor, subtier contractor or any other person or entity involved by for with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations form others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this ' section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 22 Insurance CONTRACTOR agrees to provide insurance in accordance with the requirements set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and ' maintained on behalf of the DISTRICT and in accordance with the requirements set forth herein. Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO- ' CGL form No. CG 00 01 11 85 or 88. Total limits shall be no less than five (5) million dollars per occurrence for all coverages. DISTRICT and its employees and agents shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 (in no event will DISTRICT accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious ' liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury at a minimum, and shall include a 'drop down' provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy Coverage shall be following form to any underlying coverage. Coverage shall be provided on a 'pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. 8 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on Iso Business ' Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than five (5) million dollars per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General liability policy described above is acceptable. Workers' Compensation/Employers' Liability shall be written on a policy form providing workers' compensation statuary benefits as required by law Employers' liability limits shall be no less than one(I) 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: (A) 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. (B) 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. ' (C) 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. ' (D) 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. (E) 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. (F) 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 (G) 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 1 (H) 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. (I) CONTRACTOR agrees to provide notarized evidence of the insurance required herein, satisfactory to district, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR's general liability and umbrella liability policies Of any) using ISO form CG 20 10 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. ' (J) 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 (K) 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. (L) CONTRACTOR agrees to require all subcontractors or other parties hired for this project ' to provide general liability insurance naming as additional insureds all parties to this Agreement. CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ' ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of DISTRICT will reserve the right to charge back to DISTRICT the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts with on behalf of DISTRICT will be submitted to DISTRICT for review Failure of DISTRICT to request copies of such agreement will not impose any liability on DISTRICT or its employees. ' (M) If CONTRACTOR is a Limited Liability Company general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. (N) CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss 10 1 1 against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes no obligation or liability for such notice, but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the DISTRICT 23. Legal Work Day Penalties for Violation 1 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 1 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 1 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 1 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 1 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 sec. if applicable. 1 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 1 The CONTRACTOR and all Subcontractors shall keep accurate payroll records on the job site in accordance with Labor Code Section 176 and make those records available for inspection at all reasonable times. 1 25. Emergency Additional Time for Performance Procurement of Materials 1 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 i 11 1 said restrictions, regulations or controls, CONTRACTOR is,through no fault of CONTRACTOR, unable ' to perform this AGREEMENT or the work is thereby suspended or delayed, any of the following steps may be taken: ' (A) DISTRICT may pursuant to resolution of the Board grant CONTRACTOR additional time for the performance of this AGREEMENT sufficient to compensate in time for said delay or suspension. To qualify for such extension of time, CONTRACTOR, within three (3) days of CONTRACTOR's discovering such inability to perform, shall notify DISTRICT Manager/Engineer in writing thereof and give specific reasons therefor rDISTRICT Manager/Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as it is specified in this AGREEMENT or permit ' substitution or provide for changes in the work in accordance with other provisions of this AGREEMENT Substituted materials, or changes in the work, or both, shall be ' ordered in writing by DISTRICT Manager/Engineer, and the concurrence of the DISTRICT Board shall not be necessary All reasonable expenses of such procurement ' incurred by the DISTRICT Manager/Engineer shall be defrayed by CONTRACTOR, or (B) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may upon thirty (30) days written notice to the other, terminate this AGREEMENT In such event, CONTRACTOR shall be compensated for all work executed upon a unit basis in ' proportion to the amount of the work completed, or upon a cost plus ten percent (10%) basis, whichever is the lesser Materials on the ground, in process of fabrication or en ' route upon the date of notice of termination specially ordered for the project and which cannot be utilized by CONTRACTOR, shall be compensated for by DISTRICT at a cost, ' including freight, provided that CONTRACTOR shall take all steps possible to minimize this obligation;or ' (C) DISTRICT Board, by resolution, may suspend this AGREEMENT until the cause of inability to perform is removed, but for a period of not to exceed ninety (90) days. If this AGREEMENT is not canceled and the inability of CONTRACTOR to perform ' continues, without fault on CONTRACTOR's part, beyond the time during which the AGREEMENT may have been suspended, as hereinabove provided, DISTRICT Board ' may further suspend this AGREEMENT or either 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, 12 I and CONTRACTOR shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT ' as may have been performed; or (D) DISTRICT may terminate this AGREEMENT without cause, in which case CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT as may have been performed. Such termination shall ' be authorized by resolution of the DISTRICT Board. Notice thereof shall be forthwith given in writing to CONTRACTOR and this AGREEMENT shall be terminated upon receipt by CONTRACTOR of such notice. 1 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 19'"Street Costa Mesa, California 92627 Notices required to be given to CONTRACTOR shall be addressed as follows: 13 1 1 ' 28. Subcontracting CONTRACTOR acknowledges that he is aware of the provision of the 'Subletting and Subcontracting Fair Practices Act' and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this Contract is subcontracted, the subcontract shall be in writing ' and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the ' DISTRICT may cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent ' (10%)of the subcontract involved, or cancel the Contract and assess the penalty All persons engaged-in the work, including subcontractors, will be considered employees of the CONTRACTOR. CONTRACTOR will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. I ' 29 CONTRACTOR's Affidavit After the completion of the work contemplated by this Contract, CONTRACTOR shall file with ' the DISTRICT's Manager/Engineer his affidavit stating that all workmen and persons employed and all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there ' are no claims outstanding against the project for either labor or material, except certain items, if any to be set forth in an affidavit covering disputed claims, or items in connections with Notice to Withhold, which have been filed under the provisions of the statutes of the State of California. 30. CONTRACTOR's Waiver ' The acceptance of CONTRACTOR of the final payment shall constitute a waiver of all claims ]4 1 against DISTRICT under or arising out of the Contract unless the disputed amounts are specifically set ' forth in the affidavit and release. 31 Notice to Proceed ' No work, services, material or equipment shall be performed or furnished under this Contract unless and until a notice to proceed has been given to the CONTRACTOR by DISTRICT's Manager/Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT 32. Utility Location DISTRICT acknowledges its responsibilities with respect to the location of utility facilities pursuant to California Government Code Section 4215 33 Discrimination CONTRACTOR represents that it has not, and agrees that it will not, discriminate 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. 15 I I I 36. Changes ' DISTRICT may by written change notice, make changes in the work, changes in or addition to the specification, require additional work or services or direct the omission of work or services covered by this AGREEMENT If any such change or requirement causes any increase or decrease in the ' CONTRACTOR's cost of performance of this AGREEMENT an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly No claim by CONTRACTOR for adjustment under ' this paragraph shall be valid unless asserted in writing by CONTRACTOR within thirty (30) days from the date of receipt of said written change notice signed by the DISTRICT's Manager/Engineer or the President and Secretary of the Board of Directors, as appropriate. CONTRACTOR shall make no ' additions, changes, alterations or omissions except upon the written change notice of the DISTRICT Manager/Engineer given before the work is to be done or before services are rendered. The DISTRICT ' Manager/Engineer shall only have authority to order changes when the work is of a value less than 2%of ' the contract amount or TEN THOUSAND DOLLARS ($10,000 OD) whichever is greater. All other changes must be approved by the Board of Directors. (A) Extra Work Damages. Should CONTRACTOR encounter extra work due to the discovery of unforeseen conditions that CONTRACTOR should not have anticipated ' based in its own independent investigation, or due to changes in the project made by DISTRICT CONTRACTOR shall immediately bring such condition to the attention of the DISTRICTS Manager/Engineer and shall submit a Request for Change Order within ' thirty (30) days in the form set forth in the contract documents. All such requests for extra compensation shall be subject to the approval of the Board of Directors unless ' within the authority of the DISTRICT Manager/Engineer ' (B) Limitation of Damages. CONTRACTOR shall be limited in the damages that it may recover under this contract. CONTRACTOR shall be limited to extra days for delay time ' and any direct costs related thereto, and to the direct costs of completing extra work. 1 16 i 1 1 'Direct Costs' shall be those items defined in Section 3-3.2.2 Basis for Establishing Costs, Standard Specifications for Public Works Construction, 1997 edition. Excluded ' from direct costs shall be mark ups on materials, equipment rentals or other items or expenditures, so-called 'Eichleay damages' including, but not limited to, home office 1 overhead, lost bonding capacity lost profits, and lost interest. ' 37 Independent CONTRACTOR ' CONTRACTOR acknowledges and agrees that he is an independent CONTRACTOR who has been retained for the results of his work and not for the means by which it is accomplished. It is specifically agreed that the DISTRICT does not have the right of control over the mode of doing the work contracted for and that neither the CONTRACTOR, his employees, nor his consulting Engineers are 1 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 1 17 1 1 1 or threatens to delay the timely performance of this Contract, CONTRACTOR shall immediately give notice thereof; including all relevant information with respect thereto,to DISTRICT 41 As Built Drawings ' CONTRACTOR shall provide DISTRICT's Engineer with drawings of the Construction in its 'as built' condition. 42. Days and Hours of Work Should the CONTRACTOR desire to perform construction work on Saturday Sunday or on any ' day observed as a holiday by DISTRICT or prior to 8:00 a.m. or after 5:00 p.m. of any day he must submit his written request to DISTRICT's Manager/Engineer at least 24 hours prior to the proposed start ' of- such work. No such work shall be commenced without the prior approval of the DISTRICT's ' Manager/Engineer. The DISTRICT observes those holidays specified by Government Code Section 6700. The foregoing shall not apply in the case of an emergency necessitating immediate work. ' 43 CONTRACTOR's Independent Investigation ' 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 18 44. Interpretation In the event of any conflict, inconsistency or incongruity between the provision of this Contract ' and the provisions of Paragraph 2 hereof, or amendments thereto, the provisions of this Contract shall control in all respects. 45 Attorney's Fees ' If any action at law or in equity is necessary to enforce or interpret the terms of this AGREEMENT the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against ' the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs ' and necessary disbursements. 46. Additional Costs ' 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 19 48. Safety and Site Condition tCONTRACTOR shall perform all operations with due regard for safety and in strict compliance t 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 1 t50. Workmanship and Materials Unless othenvise specifically provided for in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose intended. Where equipment, materials or articles ' are referred to in the specification as 'equal to' any particular standard, DISTRICT shall decide the ' question of equality In the manner, and to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT for approval full information concerning the equipment, materials or articles ' which he contemplates incorporating in the work. Samples of material shall be submitted for approval when required for specification. In addition to furnishing a list of subcontractors, and prior to ' commencing the work covered by this Contract, CONTRACTOR shall furnish DISTRICT a list of the ' equipment, materials, or articles CONTRACTOR proposes to use in the performance of this Contract. Substitutions of equipment, materials or articles shall not be done unless approved by the DISTRICT's ' Manager/Engineer 20 51 Warranty Unless otherwise agreed to in writing by the parties,CONTRACTOR warrants that the work shall ' be performed in the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best standard practices; shall be free from defect in workmanship and material; ' and shall conform with all provisions of this Contract, including, but not limited to, all specifications included in this Contract. The provisions of this warranty together with any applicable warranties and guarantees of CONTRACTOR's subcontractors and suppliers shall survive observation, test and acceptance of any payment for the work performed hereunder and shall run to the DISTRICT its successors and assigns. Except for latent defects, fraud or such gross mistakes of CONTRACTOR as amount to fraud, notice of any defect or non-conformity may be given by DISTRICT to CONTRACTOR at any time prior to the expiration of ONE YEAR after the recording of the Notice of Completion by DISTRICT of such work. CONTRACTOR shall promptly perform all work required to correct such ' defects or non-conformities by replacement or repair, as DISTRICT may direct, all at CONTRACTOR's sole cost and expense. All defective or non-conforming material which DISTRICT requires to be replaced shall be removed promptly from the site of the 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 tof 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. 21 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 11 disposal site in accordance with provisions of existing law (B) Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown physical conditions at the site of any unusual nature, different materially from ' those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. ' (D) The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or ' increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue a change order the procedures described in the contract. (E) In the event that a dispute arises between the DISTRICT and the CONTRACTOR ' whether the conditions materially differ, or involve hazardous waste, or cause a decrease 22 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 (11 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section ' 167001 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 1 23 1 ' Dated this day of 2002 COSTA MESA SANITARY DISTRICT By• President By tSecretary APPROVED AS TO FORM. ' By General Counsel APPROVED AS TO CONTENT By District Manager/Engineer CONTRACTOR Contractor. ' By- Its: ' (MUST BE NOTARIZED) 1 1 1 I 24