Project 151 - Specifications - 1999-11-01 COSTA MESA SANITARY DISTRICT
ORANGE COUNTY, CALIFORNIA
FAIRVIEW ROAD SEWER
PROJECT NO 1112100-151
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COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor
materials, equipment transportation, and such other facilities as may
be required for the CONSTRUCTION OF THE FOLLOWING PROJECT
FAIRVIEW ROAD SEWER, PROJECT NO 1112100-151
Bids will be received by the Costa Mesa Sanitary District at the
office of the City Clerk, 77 Fair Drive Costa Mesa, California until
the hour of 10.00a.m. , November 1, 1999, at which time they will be
opened publicly and read aloud in the council chambers Sealed
proposals shall bear the title of the work and the name of the bidder
but no other distinguishing mark Any bid received after the scheduled
closing time for the receipt of bids shall be returned to the bidder
unopened It shall be the sole responsibility of the bidder to see
that his bid is received in proper time
A set of plans and specifications may be obtained at the City of Costa
Mesa, Department of Public Services 4th Floor 77 Fair Drive Costa
Mesa, California upon a non-refundable payment of $10 00 An
additional charge of $2 00 will be made if handled by mail [Phone
(714) 754-5307 for purchasing information ]
Each bid shall be made on the Proposal Form, provided in the contract
documents, and shall be accompanied by a certified or cashier's check
or a bid bond for not less than 10% of the amount of the bid, made
payable to the Costa Mesa Sanitary District No proposals shall be
considered unless accompanied by such cashier's check cash or bidder's
bond
No bid shall be considered unless it is made on a blank form furnished
by the Costa Mesa Sanitary District and is made in accordance with the
provisions of the Proposal requirements
Each bidder must be licensed and also prequalified as required by law
A Class A or C42 contractor's license is required
The Board of Directors of the Costa Mesa Sanitary District reserves the
right to reject any or all bids
The Contractor shall comply with the provisions of Section 1770 to 1780
inclusive, of the California Labor Code, the prevailing rate and scale
of wages determined by the Director of the Department of Industrial
Relations State of California which are filed with the Clerk of the
District, and shall forfeit penalties prescribed therefore for
noncompliance of said code
The successful bidder shall be required to post a payment bond to
insure that persons working on the job are paid
Pursuant to California Contract Code Section 22300, CONTRACTOR will be
entitled to post approved securities with the District or an approved
financial institution in order to have the District release funds
retained by the District to insure performance of the contract
Liquidated damages in the sum of $250 per day shall be imposed for each
unexcused day beyond the contract completion date
Dated October 4 1999 BY ORDER OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
TABLE OF CONTENTS
Page
Proposal P-1
Standard Specifications 1
Part 1 - General Provisions 1
1-2 Definitions 1
1-3 Abbreviations 2
2-1 Award and Execution of Contract 2
Procedure for Proposal Submittal 2
Request for Interpretation 3
Return of Bid Security 3
Execution of Contract 4
Assignment of Clayton Act and Cartwright Act Claims 4
2-3 1 Subcontracts General 4
2-4 Contract Bonds 5
2-5 Plans and Specifications 5
2-9 1 Permanent Survey Markers 6
2-11 Inspection 6
3-1 1 Changes Requested by the Contractor General 7
3-3 1 Extra Work General 7
6-1 Construction Schedule and Commencement of Work 8
6-6 2 Extensions of Time 8
7-2 Labor 8
Apprentices 9
7-3 Liability Insurance 9
7-5 Permits 10
7-6 The Contractor's Representative 10
7-8 1 Cleanup and Dust Control 10
7-8 5 Temporary Light, Power and Water 11
7-10 Public Convenience and Safety 11
7-13 Laws To Be Observed 11
9-3 1 Payment General 12
9-3 2 Partial and Final Payment 12
9-3 3 Delivered Materials 12
Special Provisions
Part 2 - Construction Materials 13
Part 3 - Construction Methods 13
General Description of Work 13
208-2 3 Type "G" Joints (Polyurethane) 13
306-1 2 1 Pipe Bedding 13
306-1 2 3 Field Jointing of Clay Pipe 14
306-1 3 Backfill and Densification 14
306-1 5 1 Temporary Resurfacing 14
Connections to Existing Facilities 14
Guarantees and Tests 14
Safety Requirements and Permits 14
Traffic 15
Sheeting, Shoring and Bracing 16
Testing 16
Polyurethane Protective Lining for Manholes - Sprayed Application 16
Integral Locking PVC Liner for Manholes 16
CMSD Standard S-100 17
CMSD Standard S-102 18
CMSD Standard S-103 19
CMSD Standard S-105 20
CMSD Standard S-112 21
City of Costa Mesa Std No 813 22
Sample Agreement - CMSD and Contractor 28
P R O P O S A L
PROJECT NO 1112100-151
FAIRVIEW ROAD SEWER
TO THE BOARD OF DIRECTORS
COSTA MESA SANITARY DISTRICT
77 FAIR DRIVE
COSTA MESA, CALIFORNIA 92626
GENTLEMEN
In compliance with the NOTICE INVITING BIDS for the FAIRVIEW ROAD SEWER
which is hereto attached, the undersigned has carefully examined the
location of the proposed work, the plans, specifications and other
contract documents therefore and is satisfied as to the conditions to
be encountered, as to the character quality and quantity of work to be
performed and materials to be furnished as to the requirements of the
specifications and the contract It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that
the bidder has made such examination If awarded the contract, the
undersigned agrees to commence work under the contract on January 3,
2000 and to complete said work within 30 working days from the first
day of commencement of said work unless legal extension is granted in
accordance with the terms set forth in the specifications, and to
perform and complete the work as shown on the plans, and in accordance
with the specifications and other contract documents, and to furnish
all labor, materials, tools, and equipment necessary to complete the
work in place, in the manner and time prescribed at the following
prices, to wit
PROPOSAL SCHEDULE
Bid Items
1 Construct 10 inch VCP sewer main per CMSD standards including, but
not limited to traffic control, pavement removal, protection or
reconstruction of existing utilities, excavation, trenching,
sheeting, shoring, bracing bedding, pipeline installation,
backfill, compaction, air pressure testing compaction testing,
pavement replacement, replacement of surface features, including
all labor and materials, complete in place for the unit price of
per linear foot
Approximate Quantity 217 L F Unit Price Total
P-1 Bidder's Initials
2 Construct 8 inch VCP sewer main per CMSD standards including, but
not limited to, traffic control, removal of surface improvements,
protection or reconstruction of existing utilities, excavation
trenching, sheeting shoring bracing bedding pipe line
installation, backfill, compaction air pressure testing,
compaction testing, pavement replacement replacement of surface
features including all labor and materials complete in place for
the unit price of per linear foot
Approximate Quantity 125 L F Unit Price Total
3 Construct 6 inch VCP sewer lateral per CMSD standards including,
but not limited to, traffic control, removal of surface
improvements, protection or reconstruction of existing utilities,
excavation, trenching, sheeting, shoring bracing, bedding, pipe
line installation, backfill, compaction compaction testing
pavement replacement, replacement of surface features, including
all labor and materials complete in place for the unit price of
per linear foot
Approximate Quantity 6 L F Unit Price Total
4 Construct 2-sided drop manhole per CMSD standard S-102 & S-100
with AmerPlate lining installed per specifications, including
traffic control, removal of surface improvements, protection or
reconstruction of existing utilities, excavation, sheeting,
shoring, bracing, bedding installation of concrete base precast
concrete units with Amerplate lining frame and cover backfill
pavement, surface feature replacement all labor materials
complete in place for the unit price of per EACH
Approximate Quantity 2 EA Unit Price Total
5 Re-channel existing manhole base per details on sheets 2 and 3 of
plans, all labor, materials, complete in place for the unit price
of per EACH
Approximate Quantity 2 EA Unit Price Total
6 Join new sewer to existing manhole all labor materials, complete
in place for the unit price of per EACH
Approximate Quantity 2 EA Unit Price Total
7 Join existing sewer stub-out, all labor materials, complete in
place for the unit price of per EACH
Approximate Quantity 2 EA Unit Price Total
P-2 Bidder' s Initials
8 Join existing 8 inch sewer to drop manhole all labor, materials,
complete in place for the unit price of per EACH
Approximate Quantity 2 EA Unit Price Total
9 Cut and plug ends of existing sewer siphon after cleaning
thoroughly, all labor, materials, complete in place for the unit
price of per EACH
Approximate Quantity 4 EA Unit Price Total
10 Remove interfering portions of existing sewer, including all labor
and materials, complete in place for the unit price of per
linear foot
Approximate Quantity 217 L F Unit Price Total
11 Remove interfering portions of existing drop structure and fill
w/concrete including all labor and materials complete in place
for the unit price of per EACH
Approximate Quantity 1 EA Unit Price Total
12 Remove existing sewer manhole (return frame and cover to
corporation yard, 2300 Placentia Avenue, Costa Mesa ) , including
all labor and materials, complete in place for the unit price of
per EACH
Approximate Quantity 1 EA Unit Price Total
13 Coat interior of existing manhole with SanCon 200 or equal per
specifications, including all labor and materials, complete in
place for the unit price of per EACH
Approximate Quantity 2 EA Unit Price Total
14 Rechannel OCSD manhole bottom per OCSD requirements including all
labor and materials, complete in place for the unit price of
per EACH
Approximate Quantity 2 EA Unit Price Total
Total or gross sum written in words Total or gross sum in figures
Bidder's Initials
In case of a discrepancy between the words and figures the words
shall prevail
P-3 Bidder 's Initials
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; otherwise, said security shall be returned to the
undersigned
P-4 Bidder' s Initials
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 Street
City State Zip
Residence Phone Number
I declare under penalty of perjury under the laws of the State of
California that the forgoing is true and correct
Dated at , this day of 19
(Signed)
The full names and residences of all persons and parties interested in
the foregoing proposal as principals are as follows
NOTICE Give first and last names in full; in case of corporation,
give names of President, Secretary, Treasurer and Manager and affix
corporate seal; in all cases of partnerships and joint ventures give
names of all the individual members
P-5 Bidder's Initials
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for
the project herein proposed it is requested that you submit a list
of Public Works and/or similar construction projects completed or
in progress, within the last 24 months Your cooperation in this
matter is greatly appreciated
DATE PROJECT AGENCY' S CONTRACT
AWARDED AWARDING AGENCY ADMINISTRATOR
Bidder shall signify receipt of all Addenda here, if any
Addendum No Date Received Bidder' s Signature
P-6 Bidder's Initials
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair
Practices Act" being Sections 4100-4113 of the Public Contract Code of
the State of California and any amendments thereto, each bidder shall
set forth below the name and location of the place of business of each
Subcontractor who will perform work or labor or render service to the
prime Contractor in or about the construction of the work or improve-
ment in an amount in excess of 1/2 of 1% of the prime Contractor's
total bid and shall further set forth the portion of the work which
will be done by each such Subcontractor Only one Subcontractor for
each such portion shall be listed
If the Contractor fails to specify a Subcontractor for any portion
of the work to be performed under the contract, he shall be deemed to
have agreed to perform such work himself, and he shall not be permitted
to subcontract that portion of the work except under the conditions
hereinafter set forth
Subletting or subcontracting of any portion of the work to which
no Subcontractor was designated in the original bid shall only be
permitted in cases of public emergency or necessity, and then only
after a finding reduced to writing as a public record of the Legisla-
tive Body of the owner
Portion State License
Of Work Subcontractor' s Name and Address Number Class
P-7 Bidder' s Initials
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a
certified or cashier's check)
KNOW ALL PEOPLE BY THESE PRESENTS
That we as
principals, and as surety
are held and firmly bound unto the Costa Mesa Sanitary District, a
special district, organized under the laws of the State of
California and situated in Orange County in the sum of
($ ) to be paid to the District, its successors
and assigns, for which payment well and truly to be made we bind
ourselves, our heirs, executors, and administrators successors or
assigns joint and severally firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the above bounden,
is accepted by the Costa
Mesa Sanitary District, and if the above bounden,
his heirs, executors, administrators successors
and assigns, shall duly enter into and execute a contract for such
construction, and shall execute and deliver the LABOR AND MATERIAL
and the FAITHFUL PERFORMANCE BONDS described within 10 days (not
including Sunday) from the date of the mailing of a notice of the
above bounden, , by and from District, that said
contract is ready for execution, then this obligation shall become
null and void; otherwise it shall be and remain in full force and
virtue
IN WITNESS WHEREOF
We hereunto set our hands and seals this day of
199
P-8 Bidder' s Initials
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 Subcon-
tractor or supplier which is not processed through said bid
depository or which prevent any Subcontractor or supplier from
bidding to any Contractor who does not use the facilities of or
accept bids from or through such bid depository; that no inducement
of any form or character other than that which appears upon the face
of the bid will be suggested, offered, paid or delivered to any
person of the contract, nor has this bidder any agreement or
understanding of any kind whatsoever with any person whomsoever to
pay, deliver to, or share with any other person in any way or manner
any of the proceeds of the contracts sought by this bid
Subscribed and sworn to before me by
This day of 199
My Commission expires
Notary Public
P-9 Bidder's Initials
STANDARD SPECIFICATIONS
Except as hereinafter provided the provisions of the latest
edition of the "Standard Specifications for Public Works Construction"
(green book) and all amendments thereto, adopted by the Joint
Cooperative Committee of Southern California Chapter American Public
Works Association; hereinafter referred to as Standard Specifications,
are adopted as the "Standard Specifications" of the Costa Mesa Sanitary
District and shall be considered as a part of these specifications
Also a part of these specifications is the Costa Mesa Sanitary
District' s Standard Plans and Specifications for the Construction of
Sanitary Sewers
PART 1 - GENERAL PROVISIONS
The following additions are made to the "Standard Specifications"
If there is a conflict between the Standard Specifications and these
additions, these additions shall have first precedence
1-2 DEFINITIONS
(a) AGENCY The Costa Mesa Sanitary District, also hereinafter
called "District"
(b) BOARD The Board of Directors of the Costa Mesa Sanitary
District
(c) CONTRACT Documents including but not limited to the Proposal,
Standard Specifications General Provisions, Special
Provisions Plans Bonds Insurance, Contract Agreement
and all Addenda setting forth any modifications of the
document
(d) ENGINEER District Engineer of the Costa Mesa Sanitary District
(e) BIDDER Any individual, co-partnership , association or
corporation submitting a proposal for the work
contemplated acting directly or through a duly
authorized representative
(f) LEGAL ADDRESS The legal address of the Contractor shall be the
address of contractor given on the Contractor' s bid
and is hereby designated as the place to which all
notices, letters or other communications to the
Contractor shall be mailed or delivered
- 1 -
(g) LABORATORY An established laboratory approved and authorized
by the Engineer for testing materials and work
involved in the contract
(h) STATE Chapter 3, Part 5 Division 3 , Title 2 of the Government
CONTRACT Code The provisions of this act and other applicable
ACT laws, form and constitute a part of the provisions of this
contract to the same extent as if set forth herein, in full
1-3 ABBREVIATIONS
CCM City of Costa Mesa
CMSD Costa Mesa Sanitary District
CNB City of Newport Beach
OCSD Orange County Sanitation District
OC,PF&RD Orange County Public Facilities & Resource
Development
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 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
- 2 -
Proposals with interlineations, alterations, or erasures, shall be
initialed by the bidder's authorized agent Alternative proposals,
special conditions, or other limitiations or provisions affecting the
bid, except as such called for by the contract documents, will render
the bid informal and may cause its rejection All proposals must give
the prices bid for the various items of work and must be signed by the
bidder who shall give his address Each bid shall have thereon the
affidavit of the bidder that such bid is genuine and not sham or collu-
sive 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
- 3 -
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 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
2-3 1 SUBCONTRACTS GENERAL
The Engineer, as duly authorized officer may consent to
Subcontractor substitution requested by the Contractor subject to the
limitiations and notices prescribed in Section 4107 of the Public
Contract Code
- 4 -
2-4 CONTRACT BONDS
The "Faithful Performance Bond" and the "Labor and Material Bond"
shall both be one hundred percent (100%) of the contract price The
Faithful Performance Bond shall be held for one year from the date the
Notice of Completion is recorded
Sureties providing performance bonds for Contractors must be
licensed or agree to employ a licensed Contractor, with a Class A or
other applicable specialty contractor ' s license from the State of
California
2-5 PLANS AND SPECIFICATIONS
Engineer will provide the Contractor free of charge, copies of
plans and specifications that are reasonably necessary for the
execution of work
Contractor shall, at his own expense, obtain copies of Standard
Specifications and Standard Plans and Specifications of the State of
California, for his general use
If after award of contract, should it appear that the work to be
done, or any matter relative thereto, is not sufficently detailed or
explained in the specifications and plans, the Contractor shall apply
to the Engineer for such further explanations as may be necessary and
shall conform to such explanation or interpretation as part of the
contract
All scaled dimensions are approximate Before proceeding with any
work the Contractor shall carefully check and verify all dimensions
and quantities and shall immediately inform the Engineer or his
representative of any discrepancies
- 5 -
2-9 1 PERMANENT SURVEY MARKERS
Unless otherwise provided in the Special Provisions, the
Contractor shall be responsible for protecting all existing horizontal
and vertical survey controls, monument, ties and benchmarks located
within the limits of the work If any of the above require removal,
relocating or resetting, the Contractor shall , prior to any
construction work and under the supervision of a California-licensed
Land Surveyor or Civil Engineer, establish sufficient temporary ties
and benchmarks to enable the points to be reset after completion of
construction
Any ties, monuments and benchmarks disturbed during construction
shall be reset per local agency standards after construction and the
tie notes submitted to the appropriate governing agency on 8-1/2" X 11"
loose leaf paper The Contractor and his sureties shall be liable for
at his own expense any resurvey required due to his negligence in
protecting existing ties monuments, benchmarks or any such horizontal
and vertical controls
Unless a separate bid item is provided, full compensation for
conforming to the requirements of this sub-section shall be considered
as included in the contract bid price paid for various other items of
work and no additional compensation will be allowed
2-11 INSPECTION
The Contractor shall give at least 48 hours advance notice of time
when he or his Subcontractor will start or resume the various units of
operations of the work as per the contract or resume the said units or
operations when they have been suspended as per the contract
The above notice is to be given during working hours, exclusive of
Saturday, Sunday or holidays for the purpose of permitting the Engineer
to make necessary assignments of his representative or inspector on the
work
Any work performed in conflict with said notice without the
presence or approval of the inspector, or work covered up without
notice, approval or consent may be rejected or ordered to be uncovered
for examination at Contractor ' s expense, and shall be removed at
Contractor' s expense, if so ordered by the Engineer or inspector on the
work Any unauthorized or defective work, defective material or
workmanship or any unfaithful or imperfect work that may be discovered
before the final payment or final acceptance of work or exoneration of
bonds shall be corrected immediately without extra charge even though
it may have been overlooked in previous inspections and estimates or
may have been caused due to failure to inspect the work
- 6 -
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 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 who may grant the
changes prescribed in this section
3-3 1 EXTRA WORK GENERAL
The extra work as defined in this section of Standard
Specifications and any work done beyond the lines and grades shown on
the plans shall only be performed when ordered in writing by the
Engineer In absence of such written order any such work shall be
considered unauthorized and will not be paid for Work so done may be
ordered removed at the Contractor's expense
- 7 -
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be
made for a meeting between the Contractor and the Engineer The
purpose of this meeting is to coordinate the activities of the
Contractor within the limits of this contract review scheduling
discuss construction methods and clarify inspection procedures The
Contractor will be required to submit for approval by the Engineer a
complete schedule showing the number of working days required to
complete the project
6-6 2 EXTENSIONS OF TIME
In the event the work called for under the contract is not
finished and completed in all parts and requirements within the time
specified, the Board of Directors shall have the right to increase the
number of working days for completion or not, as may seem best to serve
the interest of the District
Except for the delays beyond Contractor's control as described in
Sections 5-5 and 6-6 1, the District shall have the right to charge the
Contractor, his heirs, assigns, or sureties and to deduct from the
final payment for the work, all or any part, as it may deem proper, of
the actual cost of engineering, inspection, superintendence and other
overhead expenses which are directly chargeable to the Contractor and
which accrued during the period of such extensions except that the cost
of the final services and preparation of the final estimates shall not
be included in such charges
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
- 8 -
In order to verify the compliance of said code, Contractor may be
required by the District, from time to time, to furnish weekly, for the
duration of the contract period, copies of his payroll statements
showing wages paid each employee during the preceding week and the
employee work classification to the Engineer for checking Using Form
DH-H-347 , Payroll Statement of Compliance is an acceptable method of
fulfilling the above requirement
APPRENTICES
Attention is directed to the provisions in Section 1777 5 and 1777 6
of the Labor Code concerning the employment of apprentices by the Con-
tractor or any Subcontractor under him The Contractor and any Subcon-
tractors under him shall comply with the requirements of said sections in
the employment of apprentices
Information relative to apprenticeship standards, wage schedules and
other requirements may be obtained from the Director of Industrial Rela-
tions, Ex-Officio the Administrator of Apprenticeship, San Francisco
California, or from the Division of Apprenticeship Standards and its
branch offices
7-3 LIABILITY INSURANCE
The Contractor shall not commence work under his contract until he
has obtained all insurance required under this heading in a company
acceptable to the District nor shall the Contractor allow any Subcon-
tractor to commence work on his sub-contract until all insurance required
of the Subcontractor has been obtained The Contractor shall take out
and maintain at all times during the life of the contract the following
policies of insurance
a Workman' s compensation insurance to cover his employees as re-
quired by the Labor Code of the State of California and the
Contractor shall require all subcontractors similarly to
provide such compensation insurance for all of the latter's
employees
b Public liability and property damage insurance on account of
bodily injuries, including death resulting therefrom in the sum
of $5, 000, 000 combined, single limit for any one accident
which may arise from the operations of the Contractor in
performing the work provided for herein
Each of the policies of insurance provided for shall contain a clause
substantially in the following words
It is hereby understood and agreed that this policy may not be
cancelled nor the amount of coverage thereof be reduced until ten
days after receipt by the Engineer of a written notice of such
cancellation or reduction in coverage, as evidenced by receipt of a
registered letter
- 9 -
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 soley responsible for all
work performed under the permit
7-6 THE CONTRACTOR' S REPRESENTATIVE
Contractor shall also file with the Engineer the addresses and
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
- 10 -
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 Contrac-
tor 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
The Work Area Traffic Control Handbook (WATCH)
The Manual of Warning Signs Lights and Devices for Use in
Performance of Work Upon Highways
State Labor Code Sections 6704, 6706 and 6707
The Construction Safety Orders (CAL/OSHA)
The General Industry Safety Orders (CAL/OSHA)
Standard Specifications for Public Works Construction (The Green
Book)
7-13 LAWS TO BE OBSERVED
The Contractor shall protect and indemnify the District, the Board
of Directors, the Engineer, and all of its or their officers, agents
and servants against any claim or liability arising from or based on
the violation of any existing or future State Federal and Local laws
ordinances, regulations, orders or decrees whether by himself or his
employees If any discrepancy or inconsistency is discovered in the
plans, drawings specifications or contract for the work in relation to
any such law, ordinance, regulation, order or decree, the Contractor
shall forthwith report the same to the Engineer in writing
- 11 -
9-3 1 PAYMENT GENERAL
Contractor is reminded that the unit and lump sum prices shown in the
proposal shall be full compensation for the items of work described in
the proposal including all incidental, appurtenant, or related work and
materials, whether or not mentioned or specified, required to deliver
the final product shown on the plans Contractor shall have examined
the contract documents and site and shall include in his bid furnishing
all materials, labor equipment tools, incidental, appurtenant, or
related work to complete the job in order that no separate work or
compensation is needed to complete the work
9-3 2 PARTIAL AND FINAL PAYMENT
The lead time for processing invoices for the monthly progress
payment approved by the Engineer for inclusion on the warrant list of
the District is governed by the rules and regulations established by
the Board of Directors Invoices for monthly payments shall be
submitted to the Engineer no later than the 25th of each month
After completion of the contract, the Board shall upon recommend-
ation of the Engineer, accept the work as complete and authorize the
final payment
The amount retained and deducted by the District shall be 5% of
the progress estimates for all progress payments The final payment of
the retention amount to the Contractor shall be made 35 days from the
date of the recording of the Notice of Completion of the work after it
is accepted by the Board of Directors and shall be made on duly
certified voucher therefore
It is mutually agreed among the parties to the contract that no
certificate given or payment made under the contract, except the final
certificate of final payment, shall be conclusive evidence of full or
substantial performance of this contract; and no payment shall be
construed to be an acceptance of any defective work or improper
material
The acceptance of final payment by the Contractor shall release
the District, the Board of Directors and the Engineer from any and all
claims or liabilities on account of work performed by the Contractor
under the contract or any alterations thereof
9-3 3 DELIVERED MATERIALS
Materials delivered but not in place will not be classed as work
done, except as otherwise provided in these specifications
- 12 -
SPECIAL PROVISIONS
The following additions are made to Parts 2 & 3 of the "Standard
Specifications" If there is a conflict between these additions and
Standard Specifications these additions shall have precedence
PART 2 - CONSTRUCTION MATERIALS
PART 3 - CONSTRUCTION METHODS
GENERAL DESCRIPTION OF WORK
The work to be done in general consists of the following
Removal of existing improvements and obstructions; controlling traffic
in and around the work site; excavating the trenches for sewer main;
controlling and disposing of surface and groundwater flows during all
phases of construction; removing existing sewer main; laying the sewer
main; joining existing manholes; connecting existing laterals if any
to new sewer; backfilling excavations; removal and disposal of excess
trench materials; reconstruction of paving and other improvements to
the satisfaction of the applicable local agency
The preceding shall include furnishing all labor, materials, tools,
equipment and incidentals necessary to perform and complete said work
to the satisfaction of the Engineer
208-2 3 TYPE "G" JOINTS (POLYURETHANE)
Joints for vitrified clay pipe shall be Type "G" for main line
construction and Type "D" for laterals and repair work in conformance
with the Standard Specifications
306-1 2 1 PIPE BEDDING
Underground pipe bedding shall be per "Trench Detail" as shown on
Costa Mesa Sanitary District Standard No S-112 and shall be 3/4"
crushed rock per Section 200-1 2 of the Standard Specifications
-13-
306-1 2 3 FIELD JOINTING OF CLAY PIPE
Field joints shall be Type "G" for main line sewer construction
and Type "D" for laterals or repair work
306-1 3 BACKFILL AND DENSIFICATION
Sawcutting of the A C and backfill of the trench shall be as
required by the applicable local agency
Payment for backfill for excavations shall be included in the
contract price for the related item of work and no separate
compensation will be allowed
306-1 5 1 TEMPORARY RESURFACING
Payment for temporary resurfacing shall be included in the
contract price for the related construction item No separate payment
will be allowed
CONNECTIONS TO EXISTING FACILITIES
Work on, and connection to existing facilities shall be
accomplished while maintaining existing sewer service Such work on
existing facilities shall be accomplished at a time and in a manner
approved by the Engineer
The Contractor shall be particularly aware that such connections
and work on existing facilities will be performed during periods of low
sewage flow, possibly during the night time or early morning hours
The Contractor will be required to install and maintain temporary
by-pass facilities with continuous, 24 hour a day supervision capable
of by-passing all of the sewage flow through the area of work during
the construction Such equipment and its installation shall meet the
prior approval of the Engineer It shall be the Contractor ' s
responsibility to see that such equipment is operating properly at all
times
GUARANTEES AND TESTS
The Contractor shall guarantee all materials to be new and all
materials and workmanship to be free from defects for a period of one
year from the date of written acceptance of the completed work by the
Board of Directors of the Costa Mesa Sanitary District This guarantee
does not extend to claims for injury to person or property of third
parties due to negligent construction
-14-
SAFETY REQUIREMENTS AND PERMITS
The Contractor shall obtain a permit, in the District' s name, from
the City of Costa Mesa The Contractor will be required to comply with
all requirements of Sections 6500, 6704 , 6706, and 6707 of the State
Labor Code
The Contractor will submit to the Engineer, in advance of
excavation, a structurally approved plan showing the design of shoring,
bracing, sloping or other provisions to be made for worker's protection
from the hazard of caving ground during the excavation of trenches,
provisions for the control of groundwater will be included in these
plans
The Contractor will obtain in advance of excavation, a permit
authorizing such construction from the Division of Industrial Safety of
the State of California
Unattended excavation will be backfilled, covered or protected to
the satisfaction of the Engineer and local governing agency
TRAFFIC
The Contractor shall furnish, erect and maintain at his own
expense such fences, signs barricades lights, arrow board flagmen,
guards and such other devices as are necessary and so directed by the
Engineer to prevent accident, damage or injury to the public
The Contractor shall be guided by the State of California
Business and Transportation Agency, Department of Public Works
publication "Manual of Warning Signs, Lights, and Devices for use in
performance of Work Upon Highway" , latest edition, and the WATCH
handbook
The Contractor shall at all times abide by the local agencies
inspector ' s directives concerning the control of traffic during
construction
The Contractor shall maintain local access for all residences and
businesses within the limits of construction
The Contractor shall cover, or fill open trenches after each
construction day and on holidays or weekends to the satisfaction of the
Engineer
-15-
SHEETING, SHORING AND BRACING
The Contractor will be required to furnish all labor, materials,
tools , equipment, and performing all work involved in providing
adequate sheeting, shoring and bracing or equivalent methods, for the
protection of life, or limb which shall conform to applicable safety
orders
The Contractor will be required to submit to the Engineer a
detailed plan showing a structurally approved design of shoring or
equivalent methods to provide protection for workers
TESTING
The Contractor shall, at his own expense, furnish all labor
equipment, materials and water necessary for tests and for reworking
unacceptable piping
POLYURETHANE PROTECTIVE LINING FOR MANHOLES - SPRAYED APPLICATION
The spray applied polyurethane coating shall meet or exceed the
standards of Sancon 200 and shall be applied in conformance with
Sancon requirements The coating shall have a 5 year warranty
The application procedure is summarized as follows
Surface Preparation - Water blast manhole interior at a minimum of 5000
psi without the use of detergents, solvents or chemicals
and prevent debris from entering sewer system Surfaces
shall be air dryed upon completion Remove existing
steps and replace with polypropylene steps per District
standards
Primer Coating - Apply 1-3 mil thickness of 100% solids non-
solvented, moisture tolerant, epoxy primer to all
surfaces
Liner Application - Apply 375 mil thickness mortar lining material
consisting of a two component, 100% solid non-solvent
hybrid polyurethane coating
INTEGRAL LOCKING PVC LINER FOR MANHOLES
The PVC liner shall meet or exceed the standards of the T-Lock PVC
Sheet Liner (Amer-Plate T-Lock) as manufactured by Ameron Protective
Linings Division Brea, California The liner shall be installed as
recommended by the manufacturer
-16-
Alhambra Fdry A-1270
r_c--
frame and cover per Std
Dwg. N2 S -105 "i
- E p4i 1
=W Grade rings =W
Eccentric cone
f ii \
48 1 II
6'
C C
li
x a G „
in
" is E
alliMUMMISIE
SECTION A-A SECTION B-B
Z 2 JOHJT5 AT BOTH NOTES
INLETS AID OVTLf75 FOR B
V.L.P. LOIST. --a.- 4.
I Manholes shall be precast concrete as manufactured
M by Associated Concrete Products, Inc. or approved
(dS '% equal
A A 2. Concrete base and stub yells shall be poured in one
111 j operation to an elevation 2' above top of pipe.
l slope 3. Concrete shall be Class 5GO L-3250
4 Depth of the channel shall equal pipe diameter for
® all sizes of pipe.
I�I1 5. The floor of manholes shall be steel troweled.
6 Steps shall be polypropylene w/a 1/2 diameter steel core
law- B meeting ASTM A 82, ASTM C-47$, ASTM type II grade
43758 161 O.C.
SECTION C-C 7 Manhole bases must be poured against undisturbed
soil
8. Steps for manhole shall be placed upstream.
9 Mortar for joints shall be per Costa Mesa Sanitary
District Std Dwg No. 5-103. fzr.vieort 1/21/0,o
COSTA MESA SANITARY DISTRICT Approved 1 Da�t�e•WG 18 82
Standard 48" 1D. Manhokk District Engineer-R.C.E. 31120
l�_ - Drawing N2 S — 100
2 2 MO AT BOTH
INLETS AND OUTLETS FOR
V.L.P. CONST.�
L .5
M LP n1
Std. tee
Yom: : ..: �n
A 4. A
\IMIlir
•
Ii a� 6" !i 6"
0
�u >—SAME SIZE A5
�� INCOMING LIVE
li
SECTION A-A
90°bend
NOTES
I Manhole construction shall conform to Costa Mesa Sanitary District Std. Gwg No. 5-100.
2. Concrete encasement shall be Class 560 C MO
3. Encasement shall be poured against undisturbed soil or temporary forms to the dimensions
shown above.
4. V C.P sewer pipe shall not protrude into manholes.
5. Steps for drop manholes shall be installed downstream.
G. DROP MANHOLE TII BE USED WHEN SLOPE OF INCOMIUG MAIN EMCEEDS 10%
'.OSTA MESA SANITARY DISTRICT Approved /374 6 Is 82
Standard Drop Manhole District Engineer-R.0 E. 31720
Drawing N° S -102
-18-
6°
field mortar, 1.3 mix
N (plastic cement)
c1 or sealant
TYPICAL - JOINT DETAIL
GII
4 t
. 3"
INSIDE MAMIHDLE--A7 n
4'
field mortar, 1.3 mix
(plastic cement) � '
,
(manhole base
t.
MORTAR SEAL AT MANHOLE BASE
COSTA MESA SANITARY DISTRICT Approved REVIrD 10 23 85 Date• GIB 82
A �( ...
Joint Detail District Engineer-R.C,.E.. p�311121
Drawing N° S - 103
;19-
Concrete collar CLA55 50 1, 3150 COWCRETE
G
A C paving
-1 €.
o `
o a \`a aao 000
NI
00: N. NO O
N N
NOTES
I Sewer manhole frame and cover shall be Alhambra Foundry A-1270 or approved equal
2, COVER TO DE STAMPED ' SEWER l
3 See Std. Dwg. 5-103 for grade ring joint detail
4. See Std Dwg 5-100 for manhole construction detail
COSTA MESA SANITARY DISTRICT Approved --fDote la az
District Engineer-R.C.E. 51710
Manhole Cover Detail Drawing N2 S - 105
-20-
TRENCH WIDTH
■
_ Backfill material and repaving
BACKFILL — requirements for work in
4 Fairview Road shall conform to
_ x a D. x 5 City of Costa Mesa Public Services
Department Standard No. 813.
1 4
i
t BEDDING B — j l a
:aa / a
SEWER LINE t
TRENCH SHEETING AND SHORING
d PER TITLE 8 CALIFORNIA
BEDDING A — o
ADMINISTRATIVE CODE.
d d •
1d d °—r a' -'"
BARREL OF PIPE BELL OF PIPE
NOTES.
1 Bedding A and B shall be composed of 3/4 crushed rock per Section 200-1.2 of the Standard Specifications.
2 Backfill shall be as required by the City of Costa Mesa and shall be either CMB or CAB. No slurry will be
allowed except at manhole locations, and slurry will be allowed up to two feet below finished surface elevation.
3. 'X' shall be between 6 and 10 inches and shall include the thickness of any shoring.
4 All trenching and bedding operations shall be done in conformance with the latest edition of the
Standard Specifications for Public Works Construction.
5. Structural section of pavement shall be replaced as required by the City of Costa Mesa and shall be 4 a.c.
placed directly on the backfill material.
6 No additional compensation will be made for trench widths other than as shown above.
DATE. 9/24/
COSTA MESA SANITARY DISTRICT APPROVED
ED NCHI i 1 G AND 1 EDDI G DISTRICT ENGINEER R.C.E. 31720
DRAWING NO. S-112 (No<IIIIed )
—21—
i WHEELCUT DR SAWCUT
I _ _ __
0.2' EXISTING
REPLACEMENT PAVEMENT PAVEMENT
_ ; A.L. OR P.C.C. //�\ 0.1 Y
�y�/\ A' /N B' 0.65' MINIMUM C.A.B. OR SLURRY FOR LOCAL STREETS.
A' I' B' ■ 1\ B
UNDER 2' 0.50' 140;,i 1.00' MINIMUM C.A.B. OR SLURRY FOR HIGHER TRAFFIC
-gYER 2' 1.0' ——_ \\ R STREETS.
SEE NOTE II
IAbO TABLE HEREON
OAICKFILL IONE
1 SEE NOTE 72
I
1
1.0' MINIMUM
BEDDING 'A' AS PER SUBSECTION 701 1.2.1 OF THE STANDARD
PIPE ZONE 5P CATIONS. SLURRY, C.A.B. OR AS SPECIFIED, COMPACTED
0.50' .J_ 0.50' TO THE SATISFACTION OF THE CITY ENGINEER.
`RD' OR
BEDDING 'B' CONCRETE AGGREGATE, C.A.B., C.M.B. OR AS
0.1 r 'S•tCIFIED, MAXIMUM GRADATION N0. 2 COMPACTED TO THE
Ii D/10 SATISFACTION OF THE CITY ENGINEER.
\ t,4///9 LESS BUT HOT
\\y//\\��// �/�\\ /\ LESS THAN .5'
'WHICHEVER IS
LESS BUT NOT UNDISTURBED FOUNDATION
LESS THAN .35
NOTES.
1. ALL EXCAVATION AND CONSTRUCTION OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF CALIFORNIA DIYISIOM OF
INDUSTRIAL SAFETY AND THE WORK AREA TRAFFIC HANDBOOK. (W.A.T.C.H. LATEST EDITION).
2. ALL TRENCHES WHICH ARE TRANSVERSE OR DIAGONAL TO EXISTING OR FUTURE STREETS (INCLUDING ALL INTERSECTION
CROSSINGS) ALL LONGITUDINAL TRENCHES IN THE STREET WITHIN 1.5' OF THE EDGE OF THE GUTTER OR CURB (IF
NO GUTTER), AROUND MANHOLES, AND ALL NARROW (LESS THAN 2') LONGITUDINAL TRENCHES WHICH ARE LESS THAN
20' LONG SHALL BE BACKFILLED WITH CLASS 100-E-100 SAND-CEMENT SLURRY. ALL OTHER CONDITIONS SHALL BE
BACKFILLED WITH SLURRY C.M.B. OR C.A.B. OR AS SPECIFIED.
3. BACKFILL AND COMPACTION METHODS SHALL CONFORM TO SUBSECTION 306-1.3 OF STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION (LATEST EDITION) EXCEPT THAT 95% MINIMUM RELATIVE COMPACTION SHALL BE REQUIRED
WITHIN THE STRUCTURAL SECTION AND 0.5' BELOW, WITH SOZ REQUIRED IN THE REMAINDER Of THE BACKFILL ZONE
4. ALL REFERENCES TO SLURRY SHALL MEAN CLASS 100-E-100 SAND-CEMENT SLURRY.
5. ALL A.C. REPLACEMENT REQUIRES A TACK COAT ON EXISTING EDGES AND A SEAL COAT ON THE SURFACE.
6. ALL WORK SHALL CONFORM TO THE CITY OF COSTA MESA 'GUIDELINES FOR TRENCH EXCAVATION' ATTACHED HERETO.
1 7 P110R TO PLACING BACKFILL, CALL CITY OF COSTA MESA ENGINEERING DIVISION FOR OEDOING INSPECTION.
i B. THE WHEEL CUT OR SAWCUT OF A.C. SHALL BE A STRAIGHT CLEAN LINE ACCEPTABLE TO THE CITY ENGINEER.
9. WHERE A.C. EXCEEDS 0.5' IN THICKNESS, ALTERNATE PAVEMENT REPLACEMENT THAN REQUIRED HEREIN WILL BE SPECI-
FIED BY THE CITY ENGINEER.
I 10. PRIOR TO PERFORMING ANY WORK IN THE PUBLIC RIGHT-OF-WAY A PERMIT MUST BE OBTAINED FROM THE CITY OF
COSTA MESA ENGINEERING DIVISION.
11. ON ALL HIGHWAYS SHOWN ON THE MASTER PLAN OF HIGHWAYS, A +B'+B' SHALL BE OF A WIDTH SUFFICIENT TO ACCOM-
MODATE A SELF-PROPELLED STEEL ROLLER.
12. THIS STANDARD SHALL APPLY TO ALL UTILITY CUTS IN THE PUBLIC RIGHT-OF-WAY.
C.A.B. CRUSHED AGGREGATE BASE AS PER SUBSECTION 200-2 OF THE STANDARD SPECIFICATIONS
C.M.B. CRUSHED MISCELLANEOUS BASE
f IVISED 4-16-86
CITY OF COSTA MESA TRENCHING DETAIL «.�N bfirs
CALIFORNIA _
�'yl� VA's/14 813 ND
PUBLIC SERVICES DEPARTMENT APPROVE' DATE
ZZ- TERN R.C.E. 19!88
CITY OF COSTA MESA
GUIDELINES FOR TRENCH EXCAVATION
AS REQUIRED BY SID. DWG. RD, S13
t 1 A trench is defined as an excavation in which the depth is
greater than the width of the bottom of the excavation
All trench excavation and related work shall conform to
Subsection 306-1 of the current edition of the Standard
Specifications for Public Works Construction (Standard
Specifications) and as further specified below
a Maximum length of open trench shall be 200 feet or the
distance necessary to accommodate the amount of pipe
able to be installed in a single day, whichever is
greater.
b Before excavating any trench five feet or more in depth,
the contractor/permittee shall submit to the City a
detailed plan showing the design of shoring, bracing,
sloping or other provisions to be made for the workers'
protection This plan must comply with the requirements
of the State of California Construction Safety Orders,
shoring system t
stemstandards, it shall pben prepared fbyma
registered civil engineer. The plan will be reviewed
by the City prior to the commencement of excavation by
the contractor/permittee
c. Prior to commencing work on this project, the contractor/
shall e
and schedule of construction which approval
willallowathe plan
east
inconvenience to the public and/or residents Utility
trenches must
with steelplate b
sso that eal/nresidents ewill have access
to their driveways prior to contractor/ permittee leav-
ing job site each day. All trenches deeper than 0.1
foot in roadway must be covered with steel plates or
fenced, as determined by the City, when left overnight
All plates shall be placed and secured against displace-
ment in conformance with the provisions of the work
Area Traffic Control Handbook• published by Building
News, Inc , latest edition thereof.
2 Bedding material which supports the conduit shall extend a
minimum of 1.0 foot above the conduit after densification
3. Prior to backfilling of the trench by the contractor/
permittee, the proposed backfill material must be approved
by the City When requested the contractor/permittee shall
provide the City with a certificate of compliance from a
soils testing laboratory approved by the City.
-23-
J
When required by the City, tests shall be performed on all proposed backfill
material to ensure uniform compliance with City requirements Any material
that fails on-site testing is subject to removal and disposal at the expense
of the contractor/permittee.
4 As stated on the Standard 813, backfill and bedding materials shall have a
sand equivalent (S.E.) as determined by Test Method No. Calif 217 and shall
be densified to a minimum relative compaction of 90 percent (95 percent in
the rase of subparagraph 4b below) by the use of mechanical tampers, rollers,
or vibrators approved by the City "Stomping" type equipment shall not be
used for densifying trench backfill without prior City approval when the con-
, duit or pipe is other than reinforced concrete or as otherwise specified by
the public utility company standards. Material for mechanically compacted
backfill shall be placed in lifts not exceeding thicknesses as specified in
Subsection 306-1 3.2 of the Standard Specifications for the type of equipment
used. Class 100-F100 sand-cement slurry, mechanically mixed (hand mixing is
not approved) and placed in conformance with City requirannnts, may be used
when approved by the City
a. Testing of backfill material shall be performed by the contractor/peanittee,
as required by the City to ensure uniform densificaticn. Approval of the
test results for backfill material shall be secured from the City prior to
palcanent of permanent base or pavenesnt. All tests shall be performed at
the expense of the ontractor/permittee.
b. Where trench excavation occurs within existing pavement, the following
conditions shall apply•
(1) The upper 0 5 feet of subgrade and the structual section be densified
to a minimun relative compaction of 95 percent. The remaining back-
, fill shall be densified to a minimum relative compaction of 90%.
(2) All trenches which are transverse or diagonal to existing streets or
are within an intersection shall be backfilled with Class 100-E-100
sand-cement slurry When longitudinal trenching is proposed near curbs
and gutters, the walls of the trench shall not be within 1 5 feet of
the edge of gutter (or edge of curb if there is no gutter) if the
trench is in the street, nor within 1.5 feet of the back of curb if
the trench is in the parkway, unless prior approval is Obtained from
the City When trench wells 1.5 feet or closer to the edge of gutter
(or edge of curb if there is no gutter) are approved by the City, then
L the trench shall be backfilled with Class 100-E100 sand-canent slurry
(3) The existing pavement shall be cut on all sides 0.5 to 1.0 feet wider
than the trench width (as required by City Standard Drawing No. 813)
When the edge of existing pavement is so cut, all existing pavement be-
tween the edge of the cut and the gutter shall be removed if it is less
than 2 0 feet in uniform width. All edges of reconstructed pavement
shall be straight and uniform. If the ccantractor/pernittee chooses to
use a "pavement breaker" for marking the initial limits of trench ex-
cavation, the area so marked must be continuously barricaded to prevent
traffic from passing over the indentations in the pavement, as well as
-24-
area immediately adjacent to any excavation Such barricading or
traffic closure, however, shall comply with contract/permit traffic
requirements, and not constitute additional closure. All loose pave-
111 ment and other debris shall be immediately removed. Prior to surfacing
of the trench the existing pavement shall be cut as specified above
Any barricading shall conform to City traffic requirements and pro-
visions of the "Work Area Traffic Control Handbook"
!,
(4) Trench resurfacing shall match the existing street surface material
(A.C. of P.C.C.) and shall be 0.1 foot thicker than existing pavement.
The minimum thicknesses of trench resurfacing materials shall conform
to the following table:
1 I.cCAL STREET'S AND ALLEYS I MAJOR, PRIMARY, SECCNEARY AND
1 QPPi7TER STREETS (As shown on the I
j I City of Costa Mesa Master Plan of I
I. I Highways)
0.35 foot A.C. or P.C.C. 0.50 foot A.C. or P.C.C. over
0.65 foot Crushed Aggregate I 1 00 foot Crushed Aggregate Base
Base
or I or
0.35 foot A.0 or P.C.0 0.35 foot A.C. or P.C.C. over
over Class 100-E-100 sand- Class 100-E-100 sand-canent slurry
cement slurry
' I
1 I I
1;
b
1•
-25-
(5) If temporary asphalt concrete pavement is placed in any
pavement cut, it shall be maintained free of holes, ruts
or other failures This tempory pavement shall be removed
and disposed of, and permanent asphalt concrete placed within
a period of ten working days or as otherwise approved for public
utility companies, following the placement of the temporary
pavement. After removal of temporary pavement and prior to
placement of permanent asphalt the surface of the subgrade,
backfill or base, and edges of adjacent pavement shall be
approved by the City This surface shall be tested/inspected
for compaction, elevation, surface uniformity, and it shall be
firm, hard and unyielding The edges of pavement shall be in-
spected for width, straightness, and proper tack coat.
(6) If the contractrsr/permittee proposes to open a street to traffic
after permanent asphalt concrete (base course) has been installed
.�; in the trench, but prior to installation of the final pavement
course, the pavement shall be maintained in such a manner that
holes, ruts, failures and abrupt changes in elevation will not
occur The contractor/permittee shall obtain approval from the
City prior to opening the street to traffic within the limits of
the permitted work.
(7) The final pavement course shall be made in such a manner that it
will be flush and conform with the existing street surface.= The
contractor/permittee shall obtain approval from the City prior to
placing the final pavement course:
5. The City guidelines for testing backfill material are as follows:
a. Prior to trench excavation, the gradation sand equivalence (S.E.) ,
and relative compaction curve of the proposed backfill material
shall be determined and a certificate of compliance from a City
appproved soils testing laboratory shall be submitted to the City
The City may require additional testing at the expense of the
contractor/peamittee to ensure uniform compliance and may auwcyl
or reject the material based upon such testing Unsuitable material
as determined by the City shall be revved from the site at the ex-
pense of the conntractor/peanittee.
b. Relative compaction tests shall be performed at intervals not ex-
ceeding 200 feet in length and 2 0 feet in depth. Any material that
fails a compaction test shall be recampacted or removed to limits
determined by the City
7 -26-
6. Barricades and traffic control shall be performed per the "Work
Area Traffic Control Ban&ook' published by Building Ness, Inc.,
latest edition thereof
7 Any pavement traffic striping removed or obliterated due to omt-
I ractor/permittee operations shall be replaced by the contractor/
permittee immediately following final paving/patdhing, to the sat-
isfaction of the city The contractor/perndttee shall also provide
temporary pavement markings daring construction when required by the
Qty On City contracts the contractor shall restripe only when
required by the specifications.
II
Cate-
1 R D. A4 T'lI32N
Director of Public services/
City Engineer
.r
� .I
.t
1
-27-
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 authonze
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.
28
This AGREEMENT Notice Inviting Sealed Proposals, the Accepted Bid, the
complete plans, profiles, detailed drawings and specifications, (which include the Standard
Specifications for Public Works Construction as modified by these Contract Documents),
Faithful Performance Bond, Labor and Material Bond, Insurance Documents, and all
addenda setting forth any modifications or interpretations of said documents.
The terms of this AGREEMENT shall prevail over all written specifications except
as provided for in any Addendum" attached hereto.
All of the above named documents are intended to complement one another so that any
work called for in one, and not mentioned in the other, or vice versa, is to be executed the
same as if mentioned in all said documents. The documents comprising the complete
contract will hereinafter be referred to as the Contract Documents
3. Schedule
All work shall be performed in accordance with the schedule approved by
DISTRICT's Engineer and under his direction.
4 Equipment Performance of Work
CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and
materials necessary to perform and complete in a good and workmanlike manner the work
of general construction as called for, and in the manner designated in, and in strict
conformity with, the plans and specifications for said work which said specifications are
entitled.
The equipment, apparatus, facilities, labor and material shall be furnished and said
work performed and completed as required in said plans and specifications to the
satisfaction of and subject to the acceptance of the DISTRICT s Engineer or his
designated assistant.
29
5. Contract Price
The contract price shall be ($ )
with adjustments up or down in accordance with bid unit prices as finally calculated by
DISTRICT and CONTRACTOR. The CONTRACTOR agrees that the DISTRICT shall
have the right to increase or decrease the quantity of any bid item or portion of the work
or to omit portions of the work as may be deemed necessary or expedient, and that the
payment for incidental items of work, not separately provided in the proposal shall be
considered included in the price bid for other various items of work.
6. Time of Performance
The time fixed for the commencement of such work is within days after
receiving notice to proceed and to complete said work within working days from
the first day of contract.
7 Time of the Essence
Time is of the essence in this contract.
7a. Job Progress
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.
3l)
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 such request to the DISTRICT Board if not filed within the time herein
prescribed.
9 Liquidated Damages
In the event CONTRACTOR, for any reason, shall have failed to perform the
work herein specified within the time herein required and to the satisfaction of
DISTRICT Engineer, DISTRICT may in lieu of any other of its rights authorized in this
AGREEMENT deduct from payments or credits due CONTRACTOR after such breach
a sum equal to Dollars as liquidated damages
31
for each day beyond the date herein provided for the completion of such work. This sum
is established pursuant to Section 53069.85 of the Government Code and is deemed by
the parties hereto to be a reasonable amount.
10. Performance of Sureties
In the event of any termination as herein above provided, the DISTRICT shall
immediately give written notice thereof to CONTRACTOR and CONTRACTOR's
sureties, and the sureties shall have the right to take over and perform the AGREEMENT
provided, however, that if the sureties, within five (5) days after giving them said notice of
termination, do not give DISTRICT written notice of their intention to take over the
performance of the AGREEMENT and do not commence performance thereof within
five (5) days after nonce 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
32
forth therein.
12. Permits Compliance With Law
CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary permits
and licenses for the construction of each improvement, give all necessary notices and pay
all fees and taxes required by law
13. Superintendence by CONTRACTOR
CONTRACTOR shall give personal superintendence to the work on said
improvement or have a competent foreman or superintendent satisfactory to the
DISTRICT Engineer on the work at all times during progress with authority to act for
him.
14 Observance by DISTRICT
CONTRACTOR shall at all times maintain proper facilities and provide safe access
for observation by DISTRICT to all parts of the work and to the shops wherein the work
is in preparation.
15. Extra and/or Additional Work or Changes
Should DISTRICT at any time during the progress of said work request any
alteration, deviations, additions, or omissions from said specifications or plans or other
contract documents, it shall be at liberty to do so and the same shall in no way affect or
make void the Contract, but will be added to or deducted from the amount of said
contract price, as the case may be, as provided in paragraph 37
33
16. Observation and Testing Materials
CONTRACTOR shall notify DISTRICT a sufficient time in advance of the
manufacture or production of materials to be supplied by CONTRACTOR under this
Contract in order that DISTRICT may arrange for mill or factory observation and testing
of same.
Any materials shipped by CONTRACTOR from factory prior to having
satisfactorily passed such testing and observation by DISTRICT's representative shall not
be used on said improvement unless CONTRACTOR is previously notified by
DISTRICT that such testing and observation will not be required.
CONTRACTOR shall also furnish DISTRICT in triplicate, certified copies of all
required factory and mill test reports.
17 Permits and Care of the Work
CONTRACTOR has examined the site of the work and is familiar with its
topography and condition, location of property lines, easements, building lines and other
physical factors and limitations affecting the performance of this AGREEMENT
CONTRACTOR, at CONTRACTOR's expense, shall obtain any permission necessary
for any operations conducted off the property owned or controlled by DISTRICT
CONTRACTOR shall be responsible for the proper care and protection of all materials
delivered and the work performed until completion and final observation and acceptance.
18. Other Contracts
DISTRICT may award other contracts for additional work and CONTRACTOR
shall fully cooperate with such other contractors and carefully fit CONTRACTOR's own
work to that provided under other contracts as may be directed by DISTRICT
34
Manager/Engineer. CONTRACTOR shall not commit or permit any act which will
interfere with the performance of work by any other contractor.
19 Payments to CONTRACTOR
(A) On or before the 25th day of each and every month during the performance
of the work, CONTRACTOR shall submit to DISTRICT
Manager/Engineer an itemized statement of quantities with unit prices of
materials incorporated into the improvement during the preceding month
and the portion of the contract sum applicable thereto. On approval in
writing of said statement by DISTRICT Manager/Engineer, it shall be
submitted to the DISTRICT Finance Department and then to the
DISTRICT Board. It is understood and agreed between the 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 (I3)] 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 pace
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 223(H), Public Contracts Code.
(i) To substitute securities for any money retained by DISTRICT
35
(ii) To require DISTRICT to pay into an escrow created at the expense of
CONTRACTOR.
The substitute securities provided for herein may be held pursuant to Section 22300 and
any escrow agreement entered into between the parties shall be in the statutory form set
forth in Section 22300.
(C) The DISTRICT shall observe the provisions of Government Code Section
7107 with respect to final payment and disputes relating thereto.
20. Contract Security
Concurrently with the execution hereof, CONTRACTOR shall furnish:
(1) A surety bond in an amount equal to one hundred percent (11)(1"/0) of the
contract price as security for the Faithful Performance of this Contract to be
held for 1 year after the Notice of Completion is recorded;
(2) A separate surety bond in an amount equal to at least one hundred percent
(100%) of the contract price as security for payment of all persons
performing labor and furnishing materials in connection with this Contract.
The bonds required hereunder shall be provided by an admitted carrier.
DISTRICT reserves the right to object to said surety in accordance with the procedure set
forth in Code of Civil Procedure Sections 995.650 et seq. Bonds shall be accompanied
with an appropriate power of attorney authorizing the execution of the bond.
21 Indemnification
CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted
by law be fully protected from any loss, injury damage, claim, lawsuit, cost, expense,
attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or
in any way related to the performance of this Agreement. Accordingly the provisions of
this indemnity provision are intended by the parties to be interpreted and construed to
provide the fullest protection possible under the law to the DISTRICT except for liability
attributable to the DISTRICT s active negligence. CONTRACTOR acknowledges that
36
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
\'Githout affecting the rights of the DISTRICT under any provision of this
Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold
harmless DISTRICT as set forth above for liability attributable to the active negligence of
DISTRICT provided such active negligence is determined by agreement between the
parties or the findings of a court of competent jurisdiction. This exception will only apply
in instances where the DISTRICT is shown to have been actively negligent and not in
instances where CONTRACTOR is solely or partially at fault or in instances where
DISTRICTs active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be for that portion or percentage
of liability not attributable to the active negligence of DISTRICT as determined by written
agreement between the parties or the findings of a court of competent jurisdiction.
The obligations on CONTRACTOR under this or any other provision of this
Agreement will not be limited by the provisions of any workers compensation act or
37
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, subtler
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, assigms, 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
38
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.U0 self-insured retention for
liability not covered by pnmary policies but covered by the umbrella policy Coverage shall
be following form to any underlying coverage. Coverage shall be provided on a "pay on
behalf" basis, with defense costs payable in addition to policy limits. There shall be no
cross liability exclusion. Policies shall have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on
Iso Business Auto coverage form CA llU 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 limas shall
be no less than one (1) million dollars per accident or disease. Employers liability coverage
shall be scheduled under any umbrella policy described above. Unless otherwise agreed,
this policy shall be endorsed to waive any right of subrogation as respects the DISTRICT
its employees or agents.
CONTRACTOR and DISTRICT further agree as follows.
1 This Section supersedes all other sections and provisions of this Agreement
to the extent that any other section or provision conflicts with or impairs the provisions
of this Section.
39
2. Nothing contained in this Section is to be construed as affecting or altering
the legal status of the parties to this Agreement. The insurance requirements set forth in
this Section are
intended to be separate and distinct from any other provision in this Agreement and shall
be interpreted as such.
3. All insurance coverage and limits provided pursuant to this agreement shall
apply to the full extent of the policies involved, available or applicable. Nothing contained
in this Agreement or any other agreement relating to the DISTRICT or its operations
limits the application of such insurance coverage.
4 Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards, performance of this Agreement.
G. All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this Agreement,
shall not prohibit CONTRACTOR, and CONTRACTOR's employees, or agents, from
waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights
of subrogation against DISTRICT
7 Unless otherwise approved by DIS"IRICI CONTRACTORs insurance
shall be written by insurers authorized to do business in the State of California and with a
minimum 'Bests Insurance Guide rating of A.VII Self-insurance will not be
considered to comply with these insurance specifications.
4(I
8. In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, DISTRICT has the right
but not the duty to obtain the insurance it deems necessary and any premium paid by
district will be promptly reimbursed by CONTRACTOR.
9 CONTRACTOR agrees to provide notarized evidence of the insurance
required herein, satisfactory to district, consisting of certificate(s) of insurance evidencing
all of the coverages required and an additional insured endorsement to CONTRACTOR's
general liability and umbrella liability policies (if any) using ISO form CG 2() 10 11 85.
Certificate(s) are to reflect that the insurer will provide thirty (30) days notice of any
cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such
certificates of any cancellation of coverage. CONTRACTOR agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to delete the
word endeavor with regard to any notice provisions. CONTRACTOR agrees to provide
complete copies of policies to DISTRICT upon request.
10. CONTRACTOR shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverages.
11 Any actual or alleged failure on the part of the DISTRICT or any additional
insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of DISTRICT or any additional insured,
in this or any other regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired
for this project to provide general liability insurance naming as additional insureds all
parties to this Agreement. CONTRACTOR agrees to obtain certificates evidencing such
coverage and make reasonable efforts to ensure that such coverage is provided as required
here. CONTRACTOR agrees to require that no contract used by any subcontractor, or
41
contracts CONTRACTOR enters into on behalf of DISTRICT will reserve the right to
charge back to DISTRICT the cost of insurance required by this Agreement.
CONTRACTOR agrees that upon request, all agreements with subcontractors or others
with whom CONTRACTOR contracts with on behalf of DISTRICT will be submitted
to DISTRICT for review Failure of DISTRICT to request copies of such agreement will
not impose any liability on DISTRICT or its employees.
13 If CONTRACTOR is a Limited Liability Company general liability coverage
must be amended so that the Limited Liability Company and its managers, affiliates,
employees, agents, and other persons necessary or incidental to its operation are insureds.
14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any
claim or loss against CONTRACTOR that includes DISTRICT as a defendant.
DISTRICT assumes no obligation or liability for such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to involve
the DISTRICT
23 Legal Work Day Penalties for Violation
Eight (8) hours of labor shall constitute a legal day's work. CONTRACTOR shall not
require more than eight (8) hours labor in a day from any person employed by
CONTRACTOR in the performance of such work CONTRACTOR shall forfeit as a
penalty to DISTRICT the sum of Twenty Five ($25.00) Dollars for each laborer,
workman or mechanic employed in the execution of this Contract by CONTRACTOR, or
by any subcontractor for each calendar day during which such laborer, workman or
mechanic is required or permitted to labor more than eight (8) hours per day in violation
of the provisions of Section 1815 of the Labor Code of the State of California.
42
24 Prevailing Wage Scale
The minimum compensation to be paid for labor upon all work performed under this
Contract shall be the general prevailing wage scale established by the Department of
Industrial Safety for the State of California and as adopted by DISTRICT
CONTRACTOR shall forfeit the sum of $50.00 per day to DISTRICT for each day
prevailing wages are not paid in accordance with Labor Code Section 1775.
CONTRACTOR shall comply in all respects with Title 40 U S.C. Section 276a, also
known as 'The Davis-Bacon Act" where federal funds are involved and CONTRACTOR
shall also comply in all respects with California Labor Code Sections 1770 et seq. if
applicable.
If CONTRACTOR is engaged in the construction, prosecution, completion or
repair of any public building or public work, or building or work financed in whole or in
part by loans or grants from the United States, CONTRACTOR shall furnish each week
to the DISTRICT Finance Officer a statement with respect to the wages paid each of its
employees during the preceding weekly payroll period.
24a. Payroll Records
The CONTRACTOR and all Subcontractors shall keep accurate payroll records on
the lob site in accordance with Labor Code Section 1776 and make those records available
for inspection at all reasonable times.
25 Emergency Additional Time for Performance Procurement of Materials
If, because of war or other declared national emergency the Federal or State
government restricts, regulates or controls the procurement and allocation of labor or
materials, or both, and if solely because of said restrictions, regulations or controls,
CONTRACTOR is, through no fault of CONTRACTOR, unable to perform this
43
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; DISTRICT Manager/Engineer shall thereupon have sixty (60) days
within which to procure such needed materials or labor as it is specified in
this AGREEMENT or permit substitution or provide for changes in the
work in accordance with other provisions of this AGREEMENT
Substituted materials, or changes in the work, or both, shall be ordered in
writing by DISTRICT Manager/Engineer, and the concurrence of the
DISTRICT Board shall not be necessary All reasonable expenses of such
procurement incurred by the DISTRICT Manager/Engineer shall be
defrayed by CONTRACTOR, or
B If such necessary materials or labor cannot be procured through legitimate
channels within sixty (60) days after the filing of the aforesaid notice, either
party may upon thirty (30) days written notice to the other, terminate this
AGREEMENT In such event, CONTRACTOR shall be compensated for
all work executed upon a unit basis in proportion to the amount of the work
completed, or upon a cost plus ten percent (1U%,) 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
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DISTRICT at a cost, including freight, provided that CONTRACTOR shall
take all steps possible to minimize this obligation, or
C. DISTRICT Board, by resolution, may suspend this AGREEMENT until the
cause of inability to perform is removed, but for a period of not to exceed
ninety (90) days. If this AGREEMENT is not canceled and the inability of
CONTRACTOR to perform continues, without fault on CONTRACTOR's
part, beyond the time during which the AGREEMENT may have been
suspended, as hereinabove provided, DISTRICT Board may further suspend
this AGREEMENT or either party hereto may without incurring any
liability elect to declare this AGREEMENT terminated upon the ground of
impossibility of performance. In the event DISTRICT declares this
AGREEMENT terminated, such declaration shall be authorized by the
DISTRICT Board, by resolution, and CONTRACTOR shall be notified in
writing thereof within five (5) days after the adoption of such resolution.
Upon such termination, CONTRACTOR shall be entitled to proportionate
compensation at the agreement rate for such portion of the AGREEMENT
as may have been performed; or
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.
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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 matenalmen of the following special notice provision, namely all notices of intention
to hen 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
77 Fair Drive
Costa Mesa, California 92626
Notices required to be given to CONTRACTOR shall be addressed as follows:
Notices required to be given to CONTRACTOR s sureties shall be addressed as
follows.
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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 111 percent (111'%0 of the subcontract involved, or cancel the
Contract and assess the penalty
All persons engaged in the work, including subcontractors, will be considered
employees of the CONTRACTOR. CONTRACTOR will be held responsible for their
work. The DISTRICT will deal directly with and make all payments to the
CONTRACTOR.
29 CONTRACTORS 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 fled under the provisions of the statutes of the State of California.
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3U. CON RACTOR's Waiver
The acceptance of CONTRACTOR of the final payment shall constitute a waiver
of all claims against DISTRICT under or arising out of the Contract unless the disputed
amounts are specifically set forth in the affidavit and release.
31 Nonce 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 DISTRICTs 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.
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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
wasting and is signed by both parties.
36. Changes
DISTRICT may by written change notice, make changes in the work, changes in
or addition to the specification, require additional work or services or direct the omission
of work or services covered by this AGREEMENT If any such change or requirement
causes any increase or decrease in the CONTRACTOR's cost of performance of this
AGREEMENT an 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 DIS I RICT'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 TI-IOUSAND DOLLARS ($10,000.00)
whichever is greater. All other changes must be approved by the Board of Directors.
A. Extra Work Damages. Should CONTRACTOR encounter extra work due
to the discovery of unforeseen conditions that CONTRACTOR should not
have anticipated based in its own independent investigation, or due to
changes in the project made by DISTRICT CONTRACTOR shall
immediately bring such condition to the attention of the DISTRICT's
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Manager/ Engineer and shall submit a Request for Change Order within
thirty (3 0) 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 'Direct Costs shall be those items
defined in Section 3-3.2.2 Basis for Establishing Costs, Standard
Specifications for Public Works Construction, 1997 edition. Excluded from
direct costs shall be mark ups on materials, equipment rentals or other items
or expenditures, so-called Eichleay damages" including, but not limited to
home office overhead, lost bonding capacity lost profits, and lost interest.
37 Independent CONTRACTOR
CONTRACTOR acknowledges and agrees that he is an independent
CONTRACTOR who has been retained for the results of his work and not for the means
by which it is accomplished. It is specifically agreed that the DISTRICT does not have
the right of control over the mode of doing the work contracted for and that neither the
CONTRACTOR, his employees, nor his consulting Engineers are employees of the
DISTRICT
38. Remedies
The remedies provided DISTRICT herein shall be cumulative, and in addition to
any other remedies provided by law or equity A waiver of a breach of any provision
hereof shall not constitute a waiver of any other breach.
51.1
39 Books and Records
CONTRACTOR s books, records and its plants or such part thereof as may be
engaged in the performance of this Contract, shall at all reasonable times be subject to
observation and audit by any authorized representative of DISTRICT
40. Notice to DISTRICT of Labor Disputes
Whenever CONTRACTOR has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Contract,
CONTRACTOR shall immediately give notice thereof, including all relevant information
with respect thereto to DISTRICT
41 As Built Drawings
CONTRACTOR shall provide DISTRICT s Engineer with drawings of the
Construction in its as built condition.
42. Days and Hours of Work
Should the CONTRACTOR desire to perform construction work on Saturday Sunday or
on any day observed as a holiday by DISTRICT or prior to 8:011 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.
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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.
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 attorneys fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
If any action is brought against the CONTRACTOR or any subcontractor to enforce a
Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action,
DISTRICT shall be entitled to reasonable attorneys fees, costs and necessary
disbursements.
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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
48. Safety and Site Condition
CONTRACTOR shall perform all operations with due regard for safety and in
strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR's
responsibility to keep the site in a clean, neat and orderly condition. It shall also be
CONTRACTOR's duty to dust-palliate all working areas and access routes, if applicable.
All operations shall be conducted by CONTRACTOR so that no fire hazards are created.
49 Observation
Services shall be furnished by the DISTRICT on an eight (8) hour day and forty (40) hour
week basis. Any additional observation that is required in excess of the foregoing shall be
paid for by the CONTRACTOR at special hourly rates to be determined by DISTRICT
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50 Workmanship and Materials
Unless otherwise specifically provided for in the specifications, all workmanship,
equipment, materials and articles incorporated in the work covered by this Contract are to
be new and of the most suitable grade of their respective kinds for the purpose intended.
Where equipment, materials or articles are referred to in the specification as "equal to" any
particular standard, DISTRICT shall decide the question of equality In the manner, and
to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT for
approval full information concerning the equipment, materials or articles which he
contemplates incorporating in the work. Samples of material shall be submitted for
approval when required for specification. In addition to furnishing a list of
subcontractors, and prior to commencing the work covered by this Contract,
CONTRACTOR shall furnish DISTRICT a list of the equipment, materials, or articles
CONTRACTOR proposes to use in the performance of this Contract. Substitutions of
equipment, materials or articles shall not be done unless approved by the DISTRICT's
Manager/Engineer.
51 Warranty
Unless otherwise agreed to in writing by the parties, CONTRACTOR warrants that
the work shall be performed in the best and most workmanlike manner by qualified,
careful and 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
CONTRACTORS 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
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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
CONTRACI'OR's sole cost and expense. All defective or non-conforming material
which DISTRICT requires to be replaced shall be removed promptly from the site of the
work by CONTRACTOR at its sole expense. If CONTRACTOR fails promptly to
correct any non-conformity DISTRICT may do so and charge the cost thereof to
CONTRACTOR. Work required to be corrected or replaced shall be subject to the
provisions of this paragraph in the same manner and to the same extent as when such
work was initially presented for final acceptance. DISTRICT's right to require
CONTRACTOR to repair or replace any defective or non-conforming work shall be in
addition to any other rights DISTRICT may have for breach of warranty and shall not be
considered as an exclusive remedy If the DISTRICT prefers to accept defective or non-
conforming work, it may do so instead of requiring its removal or correction, in which
case a Change Order will be issued to reflect a reduction in the Contract Sum where
appropriate and equitable. Such adjustment shall be effected whether or not final
payment had been made.
52. Regional Notification Centers
CONTRACTOR agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216 before commencing any excavation.
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53 Trench Protection
CONTRACTOR shall submit its detailed plan for worker protection during the
excavation of trenches required by the scope of the work in accordance with Labor Code
Section 6705.
54 Trenching Conditions
If this contract involves digging trenches or other excavations that extend deeper
than four feet below the surface, CONTRACTOR shall promptly and before the
following conditions are disturbed, notify the DISTRICT in writing, of any
(A) Material that the CONTRACTOR believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code, that is
required to be removed to a Class I or Class II disposal site in accordance
with provisions of existing law
(B) Subsurface or latent physical conditions at the site differing from those
indicated.
(C) Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the contract.
(D) The DISTRICT shall promptly investigate the conditions, and if it finds that
the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in the CONTRACTOR s cost of or the time
required for, performance of any part of the work shall issue a change order
the procedures described in the contract.
(E) In the event that a dispute arises between the DISTRICT and the
CONTRACTOR whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in the CONTRACTOR s
cost of, or time required for, performance of an part of the work, the
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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 entenng into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor of subcontractor offers and agrees to assign to the
awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U S C. Sec: 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Prof scions Code), rnaszu<g from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This a.uignment shall be
made and become eff ctive at the time the awarding body tenders/imzl payment to the CONTRACTOR,
without further acknowledgment by the parties.
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Dated this day of 1999 COSTA MESA SANITARY DISTRICT
By
President
By
Secretary
APPROVED AS TO FORM.
By
General Counsel
APPROVED AS TO CONTENT
By.
District Manager/Engineer
CONTRACTOR
Contractor:
By
Its:
(MUST BE NOTARIZED)
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