Project 187 - Contract - Wright Constructors - 2009-08-27 Costa Mesa Sanitary District Construction Agreement
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COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT
THIS AGREEMENT is made and entered into by and between the
COSTA MESA SANITARY DISTRICT a district formed pursuant to the
Sanitary District Act of 1923 (hereinafter referred to as 'DISTRICT"),
and Howard S. Wright Constructors, L.P (hereinafter referred to as
'CONTRACTOR").
RECITALS
WHEREAS DISTRICT has taken appropriate proceedings to authorize
construction of the public work and improvements herein provided and execution of this
contract; and
WHEREAS on August 27 2009 after notice duly given DISTRICT re-awarded the
contract for the building construction and site improvements hereinafter described to
CONTRACTOR, which CONTRACTOR said DISTRICT found to be the Bidder deemed
most appropriate for the Work.
The Parties hereto agree as follows
1 Scope of the Work
CONTRACTOR shall perform the work described briefly as follows.
CMSD CORPORATE YARD NEW BUILDING & SITE IMPROVEMENTS
The aforesaid improvements are further described in the 'Contract Documents'
hereinafter referred to
2. Contract Documents
The complete contract consists of the following documents.
This AGREEMENT Notice Inviting Sealed Proposals the Accepted Bid the
complete plans, profiles, detailed drawings and specifications, (which include the Standard
Specifications for Public Works Construction as modified by these Contract Documents)
Decision Point Information (DPI) Log Faithful Performance Bond, Labor and Material
Bond Insurance Documents, and all addenda setting forth any modifications or
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interpretations of said documents.
The terms of this AGREEMENT shall prevail over all other Contract Documents
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.
5 Contract Price
The contract price shall be Two Million One-Hundred Sixty-One Thousand Five-
Hundred Forty-Six dollars ($2,161 546 00) with adjustments 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
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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 10 days after receiving
notice to proceed and to complete said work within 210 working days from the date of
commencement of the work.
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
and to provide DISTRICT with a copy of the critical path analysis. CONTRACTOR agrees
to meet with DISTRICT's Engineer or designee on a weekly or other periodic basis, or as
requested by DISTRICT to review job progress. CONTRACTOR agrees to provide
DISTRICT with critical job path analysis documentation whenever job progress is impacted
so that the completion date may be affected or whenever delays or other impacts may
give rise to CONTRACTOR'S claim for additional days or additional damages.
8 Extension of Time
If the work contemplated by this Agreement is not completed within the time allotted
in this Agreement, the DISTRICT Board or its designee shall have the right to increase the
number of working days in the amount it may determine will best serve the interests of
DISTRICT and if it desires to increase said number of working days it shall have the
further right to charge to CONTRACTOR and deduct from the final payment for the work
the actual cost of engineering construction review and other overhead expenses which
are directly chargeable to CONTRACTOR and which accrue during the period of such
extension except that the cost of the final service and preparation of the final estimates
shall not be included in such charges provided, however that no extension of time for the
completion of such work shall ever be allowed unless at least twenty (20) days prior to the
time herein fixed for the completion thereof or the time fixed by the DISTRICT Board or its
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designee for such completion as extended CONTRACTOR shall have filed application for
extension thereof in writing with the DISTRICT Engineer addressed to the DISTRICT
Board and its designee Said application shall be made pursuant to the requirements of
Sections 20104 through 20104 8 Public Contracts Code
In this connection, it is understood that the DISTRICT 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
Two Hundred Fifty Dollars ($250 00) as liquidated damages for each day beyond the date
herein provided for the completion of such work. This sum is established pursuant to
Section 53069 85 of the Government Code and is deemed by the parties hereto to be a
reasonable amount.
10 Performance of Sureties
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 eight (8) days after 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 eight (8) days after
notice to the DISTRICT of such election DISTRICT may take over the work and prosecute
the same to completion, by contract or by any other method it may deem advisable, for the
account, and at the expense of CONTRACTOR and the sureties shall be liable to
DISTRICT for any excess cost or damages occasioned DISTRICT thereby and in such
event, DISTRICT may without liability for so doing, take possession of and utilize in
completing the work, such materials, appliances plant and other property belonging to
CONTRACTOR as may be on the site of the work and necessary therefor Notice shall be
complete upon mailing
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11 Disputes Pertaining to Payment for Work
Should any dispute arise respecting the true value of the work done of any work
omitted of any extra work which CONTRACTOR may be required to do or respecting the
size of any payment to CONTRACTOR during the performance of this Contract, such
dispute shall be decided pursuant to Section 20104 through 20104 8 Public Contracts
Code as the same is now in force and as the same may be amended from time to time
provided that the dollar amount of the dispute is within the statutory limits set forth therein.
12. Permits Compliance With Law
CONTRACTOR shall at CONTRACTOR's expense obtain all necessary permits
and licenses for the construction of each improvement, give all necessary notices and pay
all fees and taxes required by law
13 Superintendence by CONTRACTOR
CONTRACTOR shall give personal superintendence to the work on said
improvement or have a competent foreman or superintendent satisfactory to the
DISTRICT Engineer on the work at all times during progress with authority to act for him
14 Observance by DISTRICT
CONTRACTOR shall at all times maintain proper facilities and provide safe access
for observation by DISTRICT to all parts of the work and to the shops wherein the work is
in preparation.
15 Extra and/or Additional Work or Changes
Should DISTRICT at any time during the progress of said work request any
alteration deviations additions or omissions from said specifications or plans or other
Contract Documents, it shall be at liberty to do so and the same shall in no way affect or
make void the Contract, but will be added to or deducted from the amount of said contract
price as the case may be as provided in paragraph 36
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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 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 Engineer an itemized
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statement of quantities with unit prices of materials incorporated into the
improvement during the preceding month and the portion of the contract sum
applicable thereto On approval in writing of said statement by DISTRICT
Engineer it shall be submitted to the DISTRICT Finance Department and
then to the DISTRICT Board It is understood and agreed between the
parties that lead time for processing invoices for inclusion on the warrant list
of the DISTRICT has been established by the DISTRICT Finance Office and
that invoices for payment will be processed and paid in accordance with any
established rules and regulations of said DISTRICT Finance Officer
Payment shall be ninety-five percent (95%) of the amount invoiced the
remaining five percent (5%) to be subject to the provisions in Paragraph (B)
The payment as provided for herein [except for the retention provided for in
Paragraph (B)] shall be made the day following its approval by the DISTRICT
Board at its next regular meeting following the submittal of the invoice to the
Board by the DISTRICT Engineer
(B) DISTRICT reserves the right to retain five percent (5%) of the contract price
for a period of thirty-five (35) days after the filing of the notice of completion
of the contract. CONTRACTOR shall have the following options pursuant to
Section 22300 Public Contracts Code
(i) To substitute securities for any money retained by DISTRICT
(ii) To require DISTRICT to pay into an escrow created at the expense of
CONTRACTOR.
The substitute securities provided for herein may be held pursuant to Section
22300 and any escrow agreement entered into between the parties shall be
in the statutory form set forth in Section 22300
(C) The DISTRICT shall observe the provisions of Public Contract Code Section
7107 with respect to final payment and disputes relating thereto.
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20 Contract Security
Concurrently with the execution hereof CONTRACTOR shall furnish.
(1) A surety bond in an amount equal to one hundred percent (100%) of the
contract price as security for the Faithful Performance of this Contract to be
held for 1 year after the Notice of Completion is recorded
(2) A separate surety bond in an amount equal to at least one hundred percent
(100%) of the contract price as security for payment of all persons
performing labor and furnishing materials in connection with this Contract.
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 fullest extent
permitted by law be protected from any loss, injury damage claim, lawsuit, cost,
expense attorneys fees litigation costs, defense costs court costs or any other cost
arising out of or in any way related to the performance of this Agreement. Accordingly the
provisions of this indemnity provision are intended by the parties to be interpreted and
construed to provide the fullest protection possible under the law to the DISTRICT except
for liability attributable to the DISTRICT's active negligence. CONTRACTOR
acknowledges that DISTRICT would not enter into this Agreement in the absence of this
commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here
To the full extent permitted by law and excepting only the active negligence of
DISTRICT established by a court of competent jurisdiction or written agreement between
the parties, CONTRACTOR shall defend indemnify and hold harmless DISTRICT its
employees agents and officials from any liability claims, suits actions, arbitration
proceedings, regulatory proceedings, losses, expenses or costs of any kind whether
actual, alleged or threatened actual attorney fees incurred by DISTRICT court costs,
interest, defense costs including expert witness fees and any other costs or expenses of
any kind whatsoever without restriction or limitation incurred in relation to as a
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consequence of or arising out of or in any way attributable actually allegedly or impliedly
in whole or in part to the performance of the Agreement. All obligations under this
provision are to be paid by CONTRACTOR as incurred by the DISTRICT
Without affecting the rights of the DISTRICT under any provision of this Agreement
or this Section, CONTRACTOR shall not be required to indemnify and hold harmless
DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT
provided such active negligence is determined by agreement between the parties or the
findings of a court of competent jurisdiction. This exception will only apply in instances
where the DISTRICT is shown to have been actively negligent and not in instances where
CONTRACTOR is solely or partially at fault or in instances where 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 similar
act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws
as to DISTRICT its employees and officials
CONTRACTOR agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every sub contractor subtier
contractor or any other person or entity involved by for with or on behalf of
CONTRACTOR in the performance or subject matter of this Agreement. In the event
CONTRACTOR fails to obtain such indemnity obligations form others as required here,
CONTRACTOR agrees to be fully responsible according to the terms of this section
Failure of DISTRICT to monitor compliance with these requirements imposes no
additional obligations on DISTRICT and will in no way act as a waiver of any rights
hereunder This obligation to indemnify and defend DISTRICT as set forth herein is
binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the
termination of this Agreement or this section
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22. Insurance
CONTRACTOR agrees to provide insurance in accordance with the requirements
set forth herein If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein
CONTRACTOR agrees to amend supplement or endorse the existing coverage to do so
The following coverages will be provided by CONTRACTOR and maintained on behalf of
the DISTRICT and in accordance with the requirements set forth herein
Commercial General Liability/Umbrella Insurance Primary insurance shall be
provided on ISO-CGL form No CG 00 01 11 85 or 88 Total limits shall be no less than
five (5) million dollars per occurrence for all coverages DISTRICT and its employees and
agents shall be added as additional insureds using ISO additional insured endorsement
form CG 20 10 11 85 (in no event will DISTRICT accept an endorsement form with an
edition date later than 1990) Coverage shall apply on a primary non-contributing basis in
relation to any other insurance or self-insurance primary or excess, available to DISTRICT
or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious
liability or supervisory role of any additional insured Umbrella Liability Insurance (over
primary) shall apply to bodily injury/property damage personal injury/advertising injury at
a minimum and shall include a drop down provision providing primary coverage above a
maximum $25 000 00 self-insured retention for liability not covered by primary policies but
covered by the umbrella policy Coverage shall be following form to any underlying
coverage Coverage shall be provided on a 'pay on behalf' basis with defense costs
payable in addition to policy limits There shall be no cross liability exclusion Policies shall
have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance Primary coverage shall be written on
ISO Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto) Limits
shall be no less than five (5) million dollars per accident. Starting and ending dates shall
be concurrent. If CONTRACTOR owns no autos a non-owned auto endorsement to the
General liability policy described above is acceptable
Workers Compensation/Employers' Liability shall be written on a policy form
providing workers' compensation statuary benefits as required by law Employers' liability
limits shall be no less than one (1) million dollars per accident or disease Employers'
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liability coverage shall be scheduled under any umbrella policy described above. Unless
otherwise agreed this policy shall be endorsed to waive any right of subrogation as
respects the DISTRICT its employees or agents
CONTRACTOR and DISTRICT further agree as follows
1 This Section supersedes all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
2. Nothing contained in this Section is to be construed as affecting or altering the
legal status of the parties to this Agreement. The insurance requirements set forth in this
Section are intended to be separate and distinct from any other provision in this
Agreement and shall be interpreted as such.
3 All insurance coverage and limits provided pursuant to this Agreement shall
apply to the full extent of the policies involved available or applicable. Nothing contained
in this Agreement or any other agreement relating to the DISTRICT or its operations limits
the application of such insurance coverage.
4 Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage limits or other requirements, or a waiver of
any coverage normally provided by insurance Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all
inclusive or to the exclusion of other coverage or a waiver of any type
5 For purposes of insurance coverage only this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement
6 All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this Agreement,
shall not prohibit CONTRACTOR, and CONTRACTOR's employees or agents, from
waiving the right of subrogation prior to a loss CONTRACTOR hereby waives all rights of
subrogation against DISTRICT
7 Unless otherwise approved by DISTRICT CONTRACTOR's insurance shall be
written by insurers authorized to do business in the State of California and with a minimum
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'Best's' Insurance Guide rating of A.VII' Self-insurance will not be considered to comply
with these insurance specifications.
8 In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced DISTRICT has the right
but not the duty to obtain the insurance it deems necessary and any premium paid by
DISTRICT will be promptly reimbursed by CONTRACTOR.
9 CONTRACTOR agrees to provide notarized evidence of the insurance required
herein, satisfactory to DISTRICT consisting of certificate(s) of insurance evidencing all of
the coverages required and an additional insured endorsement to CONTRACTOR's
general liability and umbrella liability policies (if any) using ISO form CG 20 10 11 85
Certificate(s) are to reflect that the insurer will provide thirty (30) days notice of any
cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such
certificates of any cancellation of coverage CONTRACTOR agrees to require its insurer to
modify such certificates to delete any exculpatory wording stating that failure of the insurer
to mail written notice of cancellation imposes no obligation and to delete the word
endeavor' with regard to any notice provisions. CONTRACTOR agrees to provide
complete copies of policies to DISTRICT upon request.
10 CONTRACTOR shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverages.
11 Any actual or alleged failure on the part of the DISTRICT or any additional
insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of DISTRICT or any additional insured
in this or any other regard
12. CONTRACTOR agrees to require all subcontractors or other parties hired for
this project to provide general liability insurance naming as additional insureds all parties
to this Agreement. CONTRACTOR agrees to obtain certificates evidencing such coverage
and make reasonable efforts to ensure that such coverage is provided as required here.
CONTRACTOR agrees to require that no contract used by any subcontractor or contracts
CONTRACTOR enters into on behalf of DISTRICT will reserve the right to charge back to
DISTRICT the cost of insurance required by this Agreement. CONTRACTOR agrees that
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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.
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. 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 3141 et
seq. also known as 'The Davis-Bacon Act' where federal funds are involved and
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CONTRACTOR shall also comply in all respects with California Labor Code Sections 1770
et seq if applicable
If CONTRACTOR is engaged in the construction, prosecution, completion or repair
of any public building or public work, or building or work financed in whole or in part by
loans or grants from the United States, CONTRACTOR shall furnish each week to the
DISTRICT Finance Officer a statement with respect to the wages paid each of its
employees during the preceding weekly payroll period
24a. Payroll Records
The CONTRACTOR and all Subcontractors shall keep accurate payroll records on
the job site in accordance with Labor Code Section 1776 and make those records
available for inspection at all reasonable times.
25 Emergency Additional Time for Performance Procurement of Materials
If because of war or other declared national emergency the Federal or State
government restricts, regulates or controls the procurement and allocation of labor or
materials, or both, and if solely because of said restrictions regulations or controls,
CONTRACTOR is, through no fault of CONTRACTOR, unable to perform this
AGREEMENT or the work is thereby suspended or delayed, any of the following steps
may be taken
A. DISTRICT may pursuant to resolution of the Board grant CONTRACTOR
additional time for the performance of this AGREEMENT sufficient to
compensate in time for said delay or suspension. To qualify for such
extension of time CONTRACTOR, within three (3) days of CONTRACTOR's
discovering such inability to perform, shall notify DISTRICT Engineer in
writing thereof and give specific reasons therefor DISTRICT 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 Engineer and the
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concurrence of the DISTRICT Board shall not be necessary All reasonable
expenses of such procurement incurred by the DISTRICT Engineer shall be
defrayed by CONTRACTOR, or
B If such necessary materials or labor cannot be procured through legitimate
channels within sixty (60) days after the filing of the aforesaid notice either
party may upon thirty (30) days written notice to the other terminate this
AGREEMENT In such event, CONTRACTOR shall be compensated for all
work executed upon a unit basis in proportion to the amount of the work
completed or upon a cost plus ten percent (10%) basis whichever is the
lesser Materials on the ground in process of fabrication or en route upon
the date of notice of termination specially ordered for the project and which
cannot be utilized by CONTRACTOR, shall be compensated for by
DISTRICT at a cost, including freight, provided that CONTRACTOR shall
take all steps possible to minimize this obligation or
C DISTRICT Board by resolution may suspend this AGREEMENT until the
cause of inability to perform is removed, but for a period of not to exceed
ninety (90) days. If this AGREEMENT is not canceled and the inability of
CONTRACTOR to perform continues, without fault on CONTRACTOR's part,
beyond the time during which the AGREEMENT may have been suspended
as hereinabove provided, DISTRICT Board may further suspend this
AGREEMENT or either party hereto may without incurring any liability elect
to declare this AGREEMENT terminated upon the ground of impossibility of
performance In the event DISTRICT declares this AGREEMENT
terminated such declaration shall be authorized by the DISTRICT Board, by
resolution 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
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CONTRACTOR shall be entitled to proportionate compensation at the
agreement rate for such portion of the AGREEMENT as may have been
performed. Such termination shall be authorized by resolution of the
DISTRICT Board Notice thereof shall be forthwith given in writing to
CONTRACTOR and this AGREEMENT shall be terminated upon receipt by
CONTRACTOR of such notice
26 Provisions Cumulative
The provisions of this AGREEMENT are cumulative and in addition to and not in
limitation of any other rights or remedies available to DISTRICT
27 Notices
It shall be the duty and responsibility of CONTRACTOR to notify subcontractors
and materialmen of the following special notice provision namely all notices of intention
to lien or stop notices shall be either personally delivered or transmitted by certified mail
but in either event said notices shall be directed to the DISTRICT
All notices shall be in writing and delivered in person or transmitted by certified mail,
postage prepaid
Notices required to be given to DISTRICT shall be addressed as follows
COSTA MESA SANITARY DISTRICT
628 W 19th Street
Costa Mesa, California 92627
Notices required to be given to CONTRACTOR shall be addressed as follows.
Howard S. Wright Constructors, L.P
2121 Alton Parkway Suite 150A
Irvine CA 92606
Notices required to be given to CONTRACTOR's sureties shall be addressed as
follows.
Company Name
Street Address
City State ZIP
28 Subcontracting
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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 to the DISTRICT The
subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract.
Breach of any of the above provisions will be considered a violation of the Contract,
and the DISTRICT may cancel the Contract, assess the CONTRACTOR a penalty of not
more than 10 percent (10%) of the subcontract involved or cancel the Contract and
assess the penalty
All persons engaged in the work, including subcontractors, will be considered
employees of the CONTRACTOR CONTRACTOR will be held responsible for their work.
The DISTRICT will deal directly with and make all payments to the CONTRACTOR.
29 CONTRACTOR's Affidavit
After the completion of the work contemplated by this Contract, CONTRACTOR
shall file with the DISTRICT's Engineer his affidavit stating that all workmen and persons
employed and all firms supplying materials, and all subcontractors upon the project have
been paid in full, and that there are no claims outstanding against the project for either
labor or material, except certain items, if any to be set forth in an affidavit covering
disputed claims, or items in connection with a Notice to Withhold which have been filed
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under the provisions of the statutes of the State of California.
30 CONTRACTOR's Waiver
The acceptance of CONTRACTOR of the final payment shall constitute a waiver of
all claims against DISTRICT under or arising out of the Contract unless the disputed
amounts are specifically set forth in the affidavit and release
31 Notice to Proceed
No work, services material or equipment shall be performed or furnished under this
Contract unless and until a notice to proceed has been given to the CONTRACTOR by
DISTRICT's 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
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34 Governing Law
This Contract and any dispute arising hereunder shall be governed by the law of the
State of California.
35 Integration
The parties agree that this document represents their entire agreement and that
this AGREEMENT may not be subsequently modified unless said modification is made in
writing and is signed by both parties
36 Changes
DISTRICT may by written change notice make changes in the work, changes in or
addition to the specification require additional work or services or direct the omission of
work or services covered by this AGREEMENT If any such change or requirement
causes any increase or decrease in the CONTRACTOR's cost of performance of this
AGREEMENT an equitable adjustment shall be made and the AGREEMENT modified in
writing accordingly No claim by CONTRACTOR for adjustment under this paragraph shall
be valid unless asserted in writing by CONTRACTOR within thirty (30) days from the date
of receipt of said written change notice signed by the DISTRICT's 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 Engineer given before the work is to be done or before services
are rendered The DISTRICT Engineer shall only have authority to order changes when
the work is of a value less than 10% of the contract amount or FIFTEEN THOUSAND
Costa Mesa Sanitary District Construction Agreement
Corporate \and 20
Costa Mesa. California
DOLLARS ($15,000 00), whichever is greater said limit being considered a cumulative
limit for all change orders 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 Engineer and shall submit
a Request for Change Order within thirty (30) days in the form set forth in the
Contract Documents. All such requests for extra compensation shall be
subject to the approval of the Board of Directors unless within the authority
of the DISTRICT Engineer
B Limitation of Damages. CONTRACTOR shall be limited in the damages
that it may recover under this Agreement. 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.
Costa Mesa Sanitary District Construction Agreement
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Costa Mesa. California
37 Independent Contractor
CONTRACTOR acknowledges and agrees that it is an independent Contractor who
has been retained for the results of the 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, its employees nor its consulting engineers are employees of the
DISTRICT
38 Remedies
The remedies provided DISTRICT herein shall be cumulative and in addition to any
other remedies provided by law or equity A waiver of a breach of any provision hereof
shall not constitute a waiver of any other breach.
39 Books and Records
CONTRACTOR's books, records and its plants or such part thereof as may be
engaged in the performance of this Contract, shall at all reasonable times be subject to
observation and audit by any authorized representative of DISTRICT
40 Notice to DISTRICT of Labor Disputes
Whenever CONTRACTOR has knowledge that any actual or potential labor dispute
is delaying or threatens to delay the timely performance of this Contract, CONTRACTOR
shall immediately give notice thereof including all relevant information with respect
thereto to DISTRICT
Costa Mesa Sanitary Distnct Construction Agreement
Corporate Y and 22
Costa Mesa. California
41 As Built Drawings
CONTRACTOR shall provide DISTRICT's Engineer with drawings of the
Construction in its as built' condition
42. Days and Hours of Work
Should the CONTRACTOR desire to perform construction work on Saturday
Sunday or on any day observed as a holiday by DISTRICT or prior to 8'00 a.m. or after
5'00 p.m. of any day he must submit his written request to DISTRICT's Engineer at least
24 hours prior to the proposed start of such work. No such work shall be commenced
without the prior approval of the DISTRICT's Engineer The DISTRICT observes those
holidays specified by Government Code Section 6700
The foregoing shall not apply in the case of an emergency necessitating immediate
work.
43 CONTRACTOR's Independent Investigation
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
Costa Mesa Sanitary District Construction Agreement
Corporate Yard 23
Costa Mesa. California
accepted as a basis for any claims whatsoever for extra compensation or for an extension
of time In accordance with Public Contract 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 provisions of
this Contract and the provisions of any other Contract Document referenced in Paragraph
2 hereof or amendments thereto the provisions of this Contract shall control in all
respects.
45 Attorney's Fees
If any action at law or in equity is necessary to enforce or interpret the terms of this
AGREEMENT the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled. If
any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop
Notice or Notice to Withhold, which names the DISTRICT as a party to said action
DISTRICT shall be entitled to reasonable attorney's fees costs and necessary
disbursements.
46 Additional Costs
CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to
the expenses of administration and legal services required to be expended by the
DISTRICT in processing Notices to Withhold Stop Notices or similar legal documents
Costa Mesa Sanitary District Construction Agreement
Corporate Yard ?4
Costa Mesa. California
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
Costa Mesa Sanitary District Construction Agreement
Corporate \and
Costa Mesa, California
50 Workmanship and Materials
Unless otherwise specifically provided for in the specifications, all workmanship
equipment, materials and articles incorporated in the work covered by this Contract are to
be new and of the most suitable grade of their respective kinds for the purpose intended
Where equipment, materials or articles are referred to in the specification as equal to'
any particular standard DISTRICT shall decide the question of equality In the manner
and to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT
for approval full information concerning the equipment, materials or articles which he
contemplates incorporating in the work. Samples of material shall be submitted for
approval when required for specification In addition to furnishing a list of subcontractors,
and prior to commencing the work covered by this Contract, CONTRACTOR shall furnish
DISTRICT a list of the equipment, materials or articles CONTRACTOR proposes to use in
the performance of this Contract. Substitutions of equipment, materials or articles shall
not be done unless approved by the DISTRICT's Engineer
51 Warranty
Unless otherwise agreed to in writing by the parties CONTRACTOR warrants that
the work shall be performed in the best and most workmanlike manner by qualified careful
and efficient workers in strict conformity with the best standard practices shall be free
from defect in workmanship and material and shall conform with all provisions of this
Contract, including, but not limited to all specifications included in this Contract. The
provisions of this warranty together with any applicable warranties and guarantees of
CONTRACTOR's subcontractors and suppliers shall survive observation test and
Costa Mesa Sanitary District Construction Agreement
Corporate Yard 26
Costa Mesa, California
acceptance of any payment for the work performed hereunder and shall run to the
DISTRICT its successors and assigns. Except for latent defects, fraud or such gross
mistakes of CONTRACTOR, notice of any defect or non-conformity may be given by
DISTRICT to CONTRACTOR at any time prior to the expiration of ONE YEAR after the
recording of the Notice of Completion by DISTRICT of such work. CONTRACTOR shall
promptly perform all work required to correct such defects or non-conformities by
replacement or repair as DISTRICT may direct, all at CONTRACTOR's sole cost and
expense All defective or non-conforming material which DISTRICT requires to be
replaced shall be removed promptly from the site of the work by CONTRACTOR at its sole
expense If CONTRACTOR fails promptly to correct any non-conformity DISTRICT may
do so and charge the cost thereof to CONTRACTOR. Work required to be corrected or
replaced shall be subject to the provisions 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 et seq before commencing any
Costa Mesa Sanitary District Construction Agreement
Corporate y and 27
Costa Mesa, California
excavation.
53 Trench Protection
CONTRACTOR shall submit its detailed plan for worker protection during the
excavation of trenches required by the scope of the work in accordance with Labor Code
Section 6705
54 Trenching Conditions
If this Contract involves digging trenches or other excavations that extend deeper
than four feet below the surface CONTRACTOR shall promptly and before the following
conditions are disturbed notify the DISTRICT in writing of any
(A) Material that the CONTRACTOR believes may be material that is hazardous
waste as defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I or Class II disposal site in accordance with provisions of existing
law
(B) Subsurface or latent physical conditions at the site differing from those
indicated
(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
Costa Mesa Sanitary District Construction Agreement
Corporate Yard 28
Costa Mesa. California
required for performance of any part of the work shall issue a change order
following the procedures described in the contract.
(E) In the event that a dispute arises between the DISTRICT and the
CONTRACTOR whether the conditions materially differ or involve
hazardous waste or cause a decrease or increase in the CONTRACTOR's
cost of or time required for performance of an part of the work, the
CONTRACTOR shall not be excused from any scheduled completion date
provided for by the contract, but shall proceed with all work to be performed
under the contract. The CONTRACTOR shall retain any and all rights
provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties
55. Assignment of Clayton Act and Cartwright Act Claims
In entering into a public works contract or a subcontract to supply goods, services,
or materials pursuant to a public works contract, the CONTRACTOR 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.0 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.
Costa Mesa Sanitary District Construction Agreement
Corporate Yard 29
Costa Mesa. California
Dated this a34 day of frol ✓ 2009 COSTA MESA SANITARY DISTRICT
0 (
By' / i L 4-. • A
President -
_/
By.
Se. etary
APPROVED AS TO FORM
B C��i.c--�1 I
Y C>ta
General Counsel
APPROVED AS TO CONTENT
By. 1
Distlic Engineer
CONTRACTOR
Contractor /1o6J/1/.2. S G4ieu%6,s.a/cJ eiLP
I
ts.
a'42
(MUST BE NOTARIZED)
•- OPPICIAL SEAL
4.%� ALISON J KUNK
, � NOTARY PUBIJC CREOON
COMMISSION NO.440335
MY COMMISSION EXPIRES AUGUST 15,2013
(/7i • 4.,�t�
q/(7/0,
at Howard S.Wright
‘411 Constructors 9/11/09
List of Exhibits to Costa Mesa Sanitary District Construction Agreement
Exhibit A — Delta 2 and Subcontractor Cost Impacts (Dated
Exhibit B — DPI Log (Dated 8-05-09).
Exhibit C — Drawing Log.
Exhibit D — Construction Schedule.
r
Costa Mesa Sanitary District Initial , i a Date�_3--07
4.1 General Council Initial, Date
- a
Howard S. Wright Constructors In' Date I/1/n j
Howard S.Wright
1.0 Constructors
Exhibit A
Delta 2 and Subcontrcator Cost Impact
Costa Mesa Sanitary District-Administration Building
08/25/09
Description Sub Impacts Delta 2 Impacts
DPI Exhibit B Total(8-05-09) $2,099,006 (6-22-09)
Subcontractor Impacts
06100 Added cost to Rough Carpentry with WestHelm Construction 19,400
8900 Substitute glass subcontrcator 27,500
8900 Allowance Storefront and glazing NFRC U value .20 3,500
15300 Replace Retro Fire Protection with Active Fire Protection 3,500
Delta 2 Impacts
Add one additional course of cmu block at pilasters 13ea 500
Add anodized aluminum guard rail at handicapped ramp 19 If 1,500
Add lea exit light with wiring and lea water proof Junction box at 960
diesel tank
Add 4ea#600KCML and lea 3/10 ground from handhold at 7,220
transformer to panel MSB 100 If
Delete 6'x 8'slab box and install 30' hand hold (1,540)
Sub Cost Impact $53,900 $8,640
Delta 2 Cost Impact $8,640
Revised Contract Total $2,161,546
0 Howard S.Wright
Constructors
Exhibit B
Costa Mesa Sanitary District Corporate Yard
Decision Point Information Log
DATE 5-Aug-09
Bid 9-Feb-09
Accepted
June 10, 2009
DPI# Description Base Bid 2,149,998
001 Delete Survey from Construction Budget (7,500)
Substitute spiral duct in lieu of metal framing at
002 N/a
Solatube skylights
003 Substitute Glass Subcontractor (27,500)
004 Add waterproofing and french drain at perimeter walls N/a
along property line
005 Decrease sun shade size in depth by 1' (8,061)
Owner to provide plumbing fixtures Delete (material
006 costs only) for water closets, lays, shower (2,956)
assemblies, urinal, service sink
007 Substitute local metal panel(Weiss Sheet Metal)for N/a
Alucobond
008 Substitute an insulated sectional roll up door with no (650)
internal windows-Spec
Delete Stack Bond Masonry modules and Utilize
009 Running Bond Throughout N/a
010 Delete Dishwasher from project (825)
Delete 50% Lumber-FSC- Chain of Custody
011 Requirement @ Trusses &Plywood N/a
012 Delete requirement for denim insulation N/a
013 Delete CO2 monitonng of exterior air N/a
014 Alternate Truss Manufacturer (3,500)
015 Delete NSW Performance/Payment Bond N/a
016 Substitute Wool insulation for Denim Cotton N/a
TOTALS (50,992)
Contract Amount with Approved DPI Revisions: $ 2,099,006
1 of 1
Exhibit C
rt R d S.Wright
JC stn 9/11/2009
Costa Mesa Sanitary District Corporate Yard
Drawing and Specification Log
Sheet IDescnption I Issue I Date IConsultant
Civil Drawings
C1 Title Sheet,Grading Notes,Etc Bid Issue 1/22/2009 Robin B.Hamers&Associates Inc
C2 Grading Plan,Sections,and Details, Etc Bid Issue 1/22/2009 Robin B Hamers&Associates Inc
C3 Erosion Control Plan Bid Issue 1/22/2009 Robin B.Hamers&Associates Inc
C4 Sewer and Water Plan Bid Issue 1/22/2009 Robin B. Hamers&Associates Inc
C5 Survey and Topographic Map Bid Issue 1/22/2009 Robin B. Hamers&Associates Inc
C6 Survey of Record Not Issued with bid set Bid Issue 1/22/2009 Robin B Hamers&Associates Inc
Landscape Drawings
L1 Irrigation Plan City Comments 7/15/2008 Land Architecture
L2 Planting Plan City Comments 7/18/2008 Land Architecture
L3 Details,Notes City Comments 7/15/2008 Land Architecture
Geo-technical Report
SR-1 Soils Report Bid Issue 3/31/2008 Geo Etka Inc
SR-2 Soils Report Bid Issue 3/31/2008 Geo Etka Inc
SR-3 Soils Report Bid Issue 3/31/2008 Geo Etka Inc
SR-4 Soils Report Bid Issue 3/31/2008 Geo Etka Inc
Conditions of Approval
COA-1 Conditions of Approval Bid Issue 1/22/2009
Architectural Drawings
C/S Cover Sheet Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-0 1 General Notes Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-0 2 Door and Finish Schedule Delta 2 6/22/2009 Robert Thornton Architects Inc
A-1 Site Plan Della 2 6/22/2009 Robert Thornton Architects Inc
A-2 Ground Floor Plan Delta 2 6/22/2009 Robert Thornton Architects Inc
A-3 Second Floor Plan Delta 2 6/22/2009 Robert Thornton Architects Inc
A-4 Reflected Ceiling Plan Ground Floor Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-5 Reflected Ceiling Plan Second Floor Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-6 Roof Plan Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-7 Exterior Elevations Delta 2 6/22/2009 Robert Thornton Architects Inc
A-8 Exterior Elevations Delta 2 6/22/2009 Robert Thornton Architects Inc
A-9 Building Sections Delta 2 6/22/2009 Robert Thornton Architects Inc
A-10 Building Sections Delta 2 6/22/2009 Robert Thornton Architects Inc
A-11 Wall Sections Delta 2 6/22/2009 Robert Thornton Architects Inc
A-12 Wall Sections Delta 2 6/22/2009 Robert Thornton Architects Inc
A-13 Interior Elevations Bid Issue 1/22/2009 Robert Thornton Architects Inc
A-14 Interior Elevations Delta 2 6/22/2009 Robert Thornton Architects Inc
D-1 Details Delta 2 6/22/2009 Robert Thornton Architects Inc
D-2 Details Bid Issue 1/22/2009 Robert Thornton Architects Inc
D-3 Details Delta 2 6/22/2009 Robert Thornton Architects Inc
D-4 Details Delta 2 6/22/2009 Robert Thornton Architects Inc
D-5 Details Delta 2 6/22/2009 Robert Thornton Architects Inc
D-6 Details Bid Issue 1/22/2009 Robert Thornton Architects Inc
D-7 Details Delta 2 6/22/2009 Robert Thornton Architects Inc
D-8 Details Bid Issue 1/22/2009 Robert Thornton Architects Inc
Structural Drawings
SGN Structural Notes Bid Set 1/22/2009 Jerry Tucker&Associates Inc.
S-1 Foundation Plan Bid Set 1/22/2009 Jerry Tucker&Associates Inc
S-2 Mezzanine Framing Plan Bid Set 1/22/2009 Jerry Tucker&Associates Inc
S-3 Roof Framing Plan Bid Set 1/22/2009 Jerry Tucker&Associates Inc
SD-1 STRUCTURAL DETAILS Clarification 6/18/2009 Jerry Tucker&Associates Inc
SD-2 Structural Details Bid Set 1/22/2009 Jerry Tucker&Associates Inc.
SD-3 Structural Details Bid Set 1/22/2009 Jerry Tucker&Associates Inc
SD-4 STRUCTURAL DETAILS Clarification 6/18/2009 Jerry Tucker&Associates Inc
Exhibit C
�IH xi S.N right
ti• Cc "It 9/11/2009
Costa Mesa Sanitary District Corporate Yard
Drawing and Specification Log
(Sheet (Description I Issue I Date 'Consultant
Mechanical Drawings
M01 General Notes, Legend,Project Information,Equipment Revision and 6/22/2009 Popov Engineering Inc.
Schedule,Calculations,and Sheet Index Clarification
M2 1 Mechanical Floor and Roof Plans Revision and 6/22/2009 Popov Engineering Inc
Clarification
M4 1 Diagrams and Details Revision and 6/22/2009 Popov Engineering Inc
Clarification
M7 1 Title 24 Revision and 6/22/2009 Popov Engineering Inc
Clarification
Plumbing Drawings
P01 General Notes,Legend, Equipment Schedule,and Sheet Bid Issue 1/22/2009 Popov Engineering Inc
Index
P1 0 Plumbing Site Plan Bid Issue 1/22/2009 Popov Engineenng Inc
P2,1 Plumbing Floor Plan Bid Issue 1/22/2009 Popov Engineering Inc
P2 2 Plumbing Mezzanine Plan Bid Issue 1/22/2009 Popov Engineering Inc
P2 3 Plumbing Roof Plan and Details Bid Issue 1/22/2009 Popov Engineenng Inc
Electrical Drawings
E01 General Notes,Electrical Legend and Abbreviations Sheet Revision and 6/22/2009 Popov Engineering Inc
Index,and Project Information Clarification
E0,2 Lighting Fixture Schedule and Title 24 Calculations Revision and 6/22/2009 Popov Engineering Inc
Clarification
El 1 Electrical Site Plan Revision and 6/22/2009 Popov Engineering Inc.
Clarification
E1.1 P Site Plan Photometric Revision and 6/22/2009 Popov Engineering Inc
Clarification
E2 1 Ground Floor and Mezzanine Lighting Plan Revision and 6/22/2009 Popov Engineering Inc
Clarification
E3.1 Ground Floor and Mezzanine Power and Signal Plan Revision and 6/22/2009 Popov Engineenng Inc.
Clarification
E3 2 Roof Power Plan and Title-24 Outdoor Calculations Revision and 6/22/2009 Popov Engineering Inc
Clarification
E5 1 Electrical Single Line Diagram and Panel Schedule Revision and 6/22/2009 Popov Engineering Inc
Clarification
E6 1 Electrical Details Revision and 6/22/2009 Popov Engineering Inc.
Clarification
Signage Drawings
SIGN Monument Sign Drawing For CMSD Corporate Yard Bid Issue 1/22/2009 Blake Sign Company Inc
CMHQ Parking Lot Sign Drawing for Coast Mesa Sanitary Bid Issue 1/22/2009 Robert Thornton Architects Inc
Specifications for the New Building and Site Improvements of the Costa Mesa Sanitary District Corporate Yard 174 West
Wilson Street Costa Mesa,California
Robert Thornton Architects Inc
Delta 2/Dated Jan 2009/Received 7-27-09
08710 Door Schedule r Received 8-24-09
08900 Window Wall,Windows,and Entrances/Received 8-24-09
09250 Gypsum Wall Board/Received 8-24-09
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