Project 189 - Specifications - 2011-03-29 COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
CONTRACT SPECIFICATIONS
FOR
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Project No. 189
Bid Date: March 29 2011
Contract Time: 60 Working Days
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REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Project No. 189
TABLE OF CONTENTS
NOTICE INVITING SEALED PROPOSALS (BIDS)
BID PROPOSAL
STANDARD SPECIFICATIONS
SPECIAL PROVISIONS
CITY OF COSTA MESA STANDARDS
I ENCROACHMENT PERMIT REQUIREMENTS
2. CITY OF COSTA MESA STD DWG. NO. 813
COSTA MESA SANITARY DISTRICT STANDARDS
3. CMSD STD DWG.NO. S-100
4. CMSD STD DWG. NO. S-103
5 CMSD STD. DWG. NO S-104-A
6. CMSD STD. DWG. NO S-112
SOILS INVESTIGATION
COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
NOTICE INVITING SEALED PROPOSALS (BIDS)
NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites
and will receive sealed proposals (bids) for furnishing all labor materials, equipment, transportation,
permits, and other items necessary for the construction of the following project:
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Project No. 189
Bids will be received by the Costa Mesa Sanitary District office at 628 West 19"' Street, Costa Mesa,
California until the hour of 10.00 a.m. on the 29th day of March 2011 at which time they will be
opened publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of
the project and the name of the bidder Any bid received after the scheduled bid opening time shown
above will not be accepted and returned to the bidder unopened. It shall he the sole responsibility of the
bidder to seal and deliver the hid proposal to the District office at or before the time specified in this
notice provided.
A set of the approved contract documents including- plans and specifications may he obtained at the
District office or requested by phone at (949) 645-8400 Extension 221 for a non-refundable payment of
$30.00 An additional payment of$15 00 will he required to cover shipping costs.
The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and
scale of wages determined by the Director of the Department of Industrial Relations, State of
California. Prevailing rates shall be paid to all workers employed in the performance of the contract.
Such rates of wages are on file with Department of Industrial Relations and in the office of the District
and are available to any interested party upon request. The contractor is responsible for all penalties
prescribed for noncompliance to these provisions.
Each hid shall be submitted on the Bid Proposal Form furnished as part of the contract documents. and
shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than
10-percent of the amount of the hid. made payable to the Costa Mesa Sanitary District. The check or
bond shall be given as guarantee that the bidder will enter into a contract with the District and furnish the
required payment and performance bonds and certificates of insurance and endorsements if awarded the
work. The check or bond will be declared forfeited if the successful bidder does not enter into the
contract or furnish the required bonds and insurance forms under the time frame specified in the
construction agreement.
It is imperative that the bidders carefully review this notice and the Districts standard construction
agreement and insurance forms. The successful bidder will be required to comply with all requirements
in the standard construction agreement and insurance forms. In the event of failure or inability to meet
these requirements after the award of contract, the District shall have the right to reject the bid and/or
declare a forfeiture of the hid bond.
Pursuant to California Contract Code Section 22300. CONTRACTOR will 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.
CMSD Project No. 189 Notice Inviting Sealed Proposals (Bids)— 1 of 2
The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are
to be compared and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in
any bid.
Dated: March 1 2011 BY ORDER OF TFIE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
CMSD Project No. 189 Notice Inviting Sealed Proposals (Bids)—2 of 2
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
BID PROPOSAL FORM
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Project No. 189
Name of Bidder
Address.
Phone No.
TO THE BOARD OF DIRECTORS
COSTA MESA SANITARY DISTRICT
Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents
relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans,
specifications, and contract documents including the local conditions affecting the performance of the
contract, the character quality quantities, and scope of the work, and the materials to be furnished as to
the requirements of the specifications and the contract.
If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time
stipulated in the contract, including all of its component parts and everything required to be performed,
and to furnish any and all of the labor material, tools, equipment, transportation, services, permits,
utilities, and all other items necessary to perform the contract and complete in a workmanlike manner all
of the work required in connection with the construction of said work all in strict conformity with the
plans and specifications and other contract documents, including addenda Nos. _ , and
on file in the District office for the prices hereinafter set forth.
The undersigned as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein, that this proposal is made without collusion with any person, firm, or
corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with
the District in the form set forth in the contract documents and that he will accept in full payment thereof
the following prices, to wit:
CMSD Project No. 189
Bid Proposal Form— 1 of 9
CMSD SEWER PROJECT NO. 189
SCHEDULE OF WORK ITEMS (SCHEDULE A)
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
BID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
1 Lump Sum Bonds, Insurance, and Permits. Work under this item
includes any costs incurred for securing bonds, insurance Lump
permits and financing for construction work. Sum $
2 Lump Sum Mobilization, Demobilization and Cleanup Work under
this item shall include preparatory and cleanup operations
including, but not limited to, those necessary for the
movement of personnel, equipment, materials, and
incidentals to and from the project site, securing a
temporary construction yard, and maintaining the project Lump
site in a safe and orderly manner during construction. Sum $
3 Lump Sum Traffic Control: Furnish all labor, materials, and
equipment for the installation and removal of the required
traffic control including, but not limited to, changeable
message boards, signs, delineators, traffic cones,
barricades, flashing arrow signs, steel plates, and all other
traffic control devices necessary to comply with the traffic
control drawings. This item includes contractor retaining
the services of a Registered Traffic Engineer to prepare
plans and secure approval for traffic control of all areas of
work where CMSD has not provided traffic control plans Lump
if such plans are required by the City of Costa Mesa. Sum $
4 Lump Sum Geotechmcal Evaluation During Construction. Work
under this item shall include laboratory testing of trench
backfill, aggregate base, asphalt, and concrete during
construction. Work under this item shall also include the
monitoring of batch time, temperature, mix designs, and
placement time for all pavement replacement.
Note: Contractor shall provide a report (2 copies) of the
geotechnical observation and testing Lump
upon project completion to the District. Sum $
5 Lump Sum Provide Diversion Plan for Existing Sewage Flow During
Construction: Work under this item shall include, but is
not limited to, pumps, temporary hoses or piping, pumper
trucks, plugs, and all other equipment necessary to provide
diversion of existing sewage flow during construction Lump
complete in place. Sum $
CMSD Project No. 189
Bid Proposal Form—2 of 9
CMSD SEWER PROJECT NO. 189
SCHEDULE OF WORK ITEMS (SCHEDULE A)
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
BID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
6 Lump Sum Replace Pavement Striping. Work under this item shall
include furnishing and installing all labor material, and
work necessary to replace existing pavement striping
damaged during construction to original condition Lump
complete in place. Sum $
7 5 Each Recoat existing manholes per Method A as shown on
sheet 4 of Plans.
Work under this item shall include furnishing and$
installing all labor material, and work necessary to recoat
existing manholes. each $
8 52 Each Grind `OCSD' off sewer manhole covers per Detail A'
as shown on sheet 4 of Plans.
Work under this item shall include furnishing and $
installing all labor material, and work necessary to grind
"OCSD' off sewer manhole covers. each $
9 602 LF Remove Existing 10-inch VCP sewer and Install New
10-inch PVC SDR 26 Sewer Main Per Plans and
Specifications. Work under this item shall include, but is
not limited to, temporary paving and patching or trench
plates, trench excavation, control of ground water and
surface water hauling off existing trench material,
bedding, backfill, and compaction per City Standard 813,
installation of pipe and fittings, removal or protection of
interfering portions of existing utilities or improvements,
temporary and permanent support of utilities, disposal of
excess excavation materials and all other work necessary
to install the sewer main complete in place.
Work under this item shall also include adequate sheeting,
shoring and bracing or equivalent methods for the
protection of the life and limb, which shall comply to
applicable safety orders including, but not limited to,
planning, designing, engineering, furnishing, constructing,
and removing temporary sheeting, shoring and bracing,
and any other work necessary to conform to the
requirements of any permits, OSHA and the Construction$
Safety Orders of the State of California, pursuant to the
provisions of Section 6707 of the California Labor Code. LF $
CMSD Project No. 189
Bid Proposal Form— 3 of 9
CMSD SEWER PROJECT NO. 189
SCHEDULE OF WORK ITEMS (SCHEDULE A)
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
BID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
10 Lump Sum Pavement Replacement per City of Costa Mesa Std. 813
and Detail on Sheet 4 of Plans. Work under this item shall
include all material and labor for pavement replacement
including final asphalt concrete pavement installation, Lump
except for striping as specified in bid item#6. Sum $
TOTAL AMOUNT OF
ITEMS 1 THROUGH 10$
(TOTAL IN WORDS—SCHEDULE A)
Bidders Initials
Note: hi case of a discrepancy between the words and figures, the words shall prevail.
CMSD Project No 189
Bid Proposal Form—4 of 9
The Contractor agrees that the District will not be held responsible if any of the approximate quantities
shown in the foregoing proposal shall he 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
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NOTICE. Insert the words 'Cash 'Certified Check' or 'Bidder s Bond' as the case may be in an
amount equal to at least 10%of the total bid price, payable to the Costa Mesa Sanitary District.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall
be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted
by the District and the undersigned shall fail to execute a contract for doing said work and to furnish
good and sufficient bonds in the form set forth in the specifications and contract documents of the
District with surety satisfactory to the District within 10 Days after the bidder has received written
notice of the award of the contract; otherwise, said security shall be returned to the undersigned.
Respectfully submitted,
Contractor's Business Name Contractor Title
Business Address: Street By Title
City State Zip Contractor's License, Expiration
Date& Classification
Business Phone Number
Name Title
Residence Phone Number
Bidder's Residence: Street
City State Zip
CMSD Project No. 189
Bid Proposal Form— 5 of 9
I declare under penalty of perjury under the laws of the State of California that the forgoing is true
and correct.
Dated at _ this day of 20
(Signed)
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTICE. Give first and last names in full; in case of corporation, give names of President, Secretary
Treasurer and Manager and affix corporate seal; in all cases of partnerships and joint ventures give
names of all the individual members.
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein proposed, it is
requested that you submit a list of Public Works and/or similar construction projects completed, or in
progress, within the last 24 months. Your cooperation in this matter is greatly appreciated.
DATE PROJECT AGENC\'S CONTRACT
AWARDED AWARDING AGENCY ADMINISTRATOR
CMSD Project No. 189
Bid Proposal Form— 6 of 9
PROJECT ADDENDA
Bidder shall signify receipt of all Addenda here, if any
ADDENDUM NO DATE RECEIVED BIDDER'S SIGNATURE
DESIGNATION OF SUBCONTRAC'T'ORS
In compliance with the 'Subletting and Subcontracting Fair Practices Act' being Sections 4100-4113
of the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each Subcontractor who will perform
work or labor or render service to the prime Contractor in or about the construction of the work or
improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further
set forth the portion of the work which will be done by each such Subcontractor Only one
Subcontractor for each such portion shall be listed.
If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under
the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in
the original bid, shall only be permitted in cases of public emergency or necessity and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner
Portion State License
Of Work Subcontractor's Name and Address Number Class
CMSD Project No. 189
Bid Proposal Fonn—7 of 9
10% BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check).
KNOW ALL PEOPLE BY THESE PRESENTS.
That we, as principals, and
as surety are held and firmly bound unto the Costa
Mesa Sanitary District, a special district, organized under the laws of the State of California and situated
in Orange County in the sum of
($ ) to be paid to the District, its successors and assigns, for which payment
well and truly to he made, we bind ourselves, our heirs, executors, and administrators, successors or
assigns,joint and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the above bounden
is accepted by the Costa Mesa
Sanitary District, and if the above bounden, his
heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract
for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL
PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the
mailing of a notice of the above bounden, by and from District, that said
contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and
remain in full force and virtue.
IN WITNESS WHEREOF
We hereunto set our hands and seals this day
of 20
CMSD Project No. 189
Bid Proposal Form— 8 of 9
NON-COLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being
duly sworn on their oaths say that neither they nor any of them have in any way directly or
indirectly entered into any arrangement or agreement with any other bidder or with any public officer
of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to
such bidder or public officer any sum of money or has given or is to give to such other bidder or public
officer anything of value whatever or such affiant or affiants or either of them has not directly or
indirectly entered into any arrangement or agreement with any other bidder or bidder which tends to
or does lessen or destroy free competition in the letting of the contract sought for on the attached bids;
that no bid has been accepted from any Subcontractor or supplier through any bid depository the By-
Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from
any Subcontractor or supplier which is not processed through said bid depository or which prevent any
Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept
bids from or through such bid depository that no inducement of any form or character other than that
which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the
contract, nor has this bidder any agreement or understanding of any kind whatsoever with any person
whomsoever to pay deliver to, or share with any other person in any way or maimer any of the
proceeds of the contracts sought by this bid.
Subscribed and sworn to before me by
This day of 20
My Commission expires.
Notary Public
CMSD Project No. 189
Bid Proposal Form— 9 of 9
STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the latest edition of the 'Standard Specifications
for Public Works Construction (Green Book) and all amendments thereto, adopted by the Joint
Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter
referred to as Standard Specifications, are adopted as the 'Standard Specifications' of the Costa Mesa
Sanitary District and shall be considered as a part of these specifications. Also a part of these
specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the
Construction of Sanitary Sewers.
The following additions are made to the 'Standard Specifications If there is a conflict between
the Standard Specifications and these additions, these additions shall have first precedence.
1 2 DEFINITIONS
(a) AGENCY The Costa Mesa Sanitary District, also hereinafter called 'District'
(b) BOARD The Board of Directors of the Costa Mesa Sanitary District.
(c) CONTRACT Documents including but not limited to the Proposal, Standard Specifications,
General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract
Agreement and all Addenda setting forth any modifications of the document.
(d) ENGINEER District Engineer of the Costa Mesa Sanitary District.
(e) BIDDER Any individual, co-partnership, association or corporation submitting a
proposal for the work contemplated acting directly or through a duly
authorized representative.
(f)LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on
the Contractor's bid and is hereby designated as the place to which all notices,
letters or other communications to the Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing
materials and work involved in the contract.
(h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code.
The provisions of this ACT and other applicable laws, form and constitute a
part of the provisions of this contract to the same extent as if set forth herein,
in full.
2 1 AWARD AND EXECUTION OF CONTRACT
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal
complies with all requirements of the notice inviting bids. The District, however reserves the right to
reject any or all bids, and to waive any informality in the bids received. The award, if made, will be
made within 30 days after the opening of the bids.
PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice
Inviting Bids.
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
CMSD Project No. 189 Standard Specifications— 1 of 8
hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the
opening of bids, more than one bid appears in which the same person, firm, or corporation, is
interested as a principal, all such bids shall be rejected.
Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized
agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except
as such called for by the contract documents, will render the hid informal and may cause its rejection. All
proposals must give the prices bid for the various items of work and must be signed by the bidder who
shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and
not sham or collusive or made in the interest or behalf of any other person not therein named and that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any
person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by
collusion to secure himself an advantage over any other bidder
REQUEST FOR INTERPRETATION
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the
plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from
the drawings or specifications, he may request the Engineer in writing, for an interpretation or correction
thereof The person submitting such a request shall be responsible for its prompt delivery All such
interpretations of the contract documents will be made only by Addenda duly issued and a copy of each
such Addendum will be mailed or delivered to each person receiving a set of contract documents at his
last address of record. The District will not be responsible for any other explanations or interpretations of
the contract documents.
RETURN OF BID SECURITY
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any
time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to
see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time.
Bid security of such bidders will be returned promptly to the bidder
The bid security of the three lowest bidders will be retained until the contract is awarded, entered
into and executed with the bidder of accepted bid, after which those will be returned to the respective
bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after
the canvass of bids.
The bid security of the bidder of accepted bid will be held by the District until the contract has
been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid
security will be returned to the bidder
If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited
to the District and shall be collected and paid to the General Fund of the District.
LICENSE REQUIRED
Contractor shall have a Class A or C42 license to perform this work.
'OR EQUAL PROVISION
When otherwise specified, any product called for on these Specifications may be substituted using
the process described in Public Contract Code Section 3400.
EXECUTION OF CONTRACT
The contract shall he signed by the successful bidder and returned to the District, together with the
contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any
changes or additions made thereto in these specifications within 10 days after receipt of written notice of
award of contract. The form of contract agreement to be executed by the Contractor will be supplied by
CMSD Project No. 189 Standard Specifications—2 of 8
the Counsel for the District. No proposal shall be considered binding upon the District until the execution
of the contract by the District.
ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This assignment shall be
made and become effective at the time the awarding body tenders final payment to the contractor without
further acknowledgement by the parties.
MINED CONSTRUCTION MATERIAL
CONTRACTOR warrants that it will not purchase mined construction material for PROJECT
except from a mining operation that is currently identified in the list published pursuant to subdivision (b)
of Section 2717 of the Public Resources Code.
2 3.1 SUBCONTRACTS. GENERAL
The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by
the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract
Code.
2-4 CONTRACT BONDS
The 'Faithful Performance Bond' and the 'Labor and Material Bond' shall both be one hundred
percent (100%) of the contract price and shall be furnished on the District's standard forms. The Faithful
Performance Bond shall be held for one year from the date the Notice of Completion is recorded.
Sureties providing performance bonds for Contractors must be licensed or agree to employ a
licensed Contractor with a Class A or other applicable specialty contractor's license from the State of
California.
2 5 PLANS AND SPECIFICATIONS
Engineer will provide the Contractor, free of charge, copies of plans and specifications that are
reasonably necessary for the execution of work.
Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans
and Specifications of the State of California, for his general use.
If after award of contract, should it appear that the work to be done, or any matter relative thereto,
is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the
Engineer for such further explanations as may be necessary and shall conform to such explanation or
interpretation as part of the contract.
All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall
carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his
representative of any discrepancies.
CMSD Project No. 189 Standard Specifications— 3 of 8
2 9 1 PERMANENT SURVEY MARKERS
Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for
protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located
within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor
shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or
Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after
completion of construction.
Any ties, monuments and benchmarks disturbed during construction shall be reset per local
agency standards after construction and the tie notes submitted to the appropriate governing agency on 8-
1/2' X 11 loose leaf paper The Contractor and his sureties shall be liable for at his own expense, any
resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such
horizontal and vertical controls.
Unless a separate bid item is provided, full compensation for conforming to the requirements of
this sub-section shall be considered as included in the contract bid price paid for various other items of
work and no additional compensation will be allowed.
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 he rejected or ordered to be uncovered for
examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the
Engineer or inspector on the work. Any unauthorized or defective work, defective material or
workmanship or any unfaithful or imperfect work that may be discovered before the final payment or
final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge
even though it may have been overlooked in previous inspections and estimates or may have been caused
due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved plans
shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by
the Engineer except by direction of the Engineer in writing. Deviations from the approved plans, as may
be required by the exigencies of constructions will be determined in all cases by the Engineer and
authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and
binding on all parties unless formal protest is made in writing, as provided in the following paragraph,
and as provided in Section 1670 of the Civil Code.
If the Contractor considers any work demanded of him to be outside the requirements of the
contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he
shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a
written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except
for such protests and objections as are made of record, in the manner and within the time above stated, the
Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and
extensions of time on account of demands, instructions, rulings and decisions of the Engineer
Upon receipt of any such protest from the Contractor the Engineer shall review the demand,
instruction, ruling or decision objected to and shall promptly advise the Contractor in writing, of his final
CMSD Project No. 189 Standard Specifications—4 of 8
decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file
with the Board of Directors a formal protest against said decision of the Engineer The Board of Directors
shall consider and render a final decision on any such protest within 30 days of receipt of same.
3-1 I CHANGES REQUESTED BY THE CONTRACTOR. GENERAL
Engineer shall be the duly authorized officer to grant the changes prescribed in this section.
3-3 1 EXTRA WORK. GENERAL
The extra work as defined in this section of Standard Specifications and any work done beyond
the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer
In absence of such written order any such work shall be considered unauthorized and will not be paid for
Work so done may be ordered removed at the Contractor's expense.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting between
the Contractor and the Engineer The purpose of this meeting is to coordinate the activities of the
Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify
inspection procedures. The Contractor will be required to submit for approval by the Engineer a complete
schedule showing the number of working days required to complete the project.
6-6.2 EXTENSIONS OF TIME
In the event the work called for under the contract is not finished and completed in all parts and
requirements within the time specified, the Board of Directors shall have the right to increase the number
of working days for completion or not, as may seem best to serve the interest of the District.
Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1 the
District shall have the right to charge the Contractor his heirs, assigns, or sureties and to deduct from the
final payment for the work, all or any part, as it may deem proper of the actual cost of engineering,
inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor
and which accrued during the period of such extensions except that the cost of the final services and
preparation of the final estimates shall not be included in such charges.
In addition to the above charges, Contractor shall pay to the District liquidated damages as
specified in Section 6-9 for such delays.
No extension of time for the completion of the work called for under the contract shall be allowed
unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for
extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this
connection it is understood that the Engineer shall not transmit any such request to the Board or its
designee if not filed within the time herein prescribed.
7 2 LABOR
The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the
California Labor Code, the prevailing rate and scale of wages determined by the Director of the
Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of
said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and
subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable
collective bargaining agreements.
In order to verify the compliance of said code, Contractor may be required by the District, from
time to time, to furnish weekly for the duration of the contract period, copies of his payroll statements
showing wages paid each employee during the preceding week and the employee work classification to
CMSD Project No. 189 Standard Specifications— 5 of 8
the Engineer for checking. Using Form DH-14-347 Payroll Statement of Compliance is an acceptable
method of fulfilling the above requirement.
APPRENTICES
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning
the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any
Subcontractors under him shall comply with the requirements of said sections in the employment of
apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may he
obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7 3 LIABILITY INSURANCE
The Contractor shall not commence work under his contract until he has obtained all insurance
required under this heading in a company acceptable to the District, nor shall the Contractor allow any
Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has
been obtained. The Contractor shall take out and maintain at all times during the life of the contract the
following policies of insurance.
a. Workman's compensation insurance to cover his employees as required by the Labor Code of
the State of California, and the Contractor shall require all subcontractors similarly to provide
such compensation insurance for all of the latter's employees.
b. Public liability and property damage insurance on account of bodily injuries, including death
resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident
which may arise from the operations of the Contractor in performing the work provided for
herein.
Each of the policies of insurance provided for shall contain a clause substantially in the following
words.
It is hereby understood and agreed that this policy may not be cancelled nor the amount of
coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such
cancellation or reduction in coverage, as evidenced by receipt of a registered letter
The insurance required to be provided herein shall be provided by a domestic carrier authorized
to, and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-
Casualty and admitted for coverage in the State of California Insurance Guarantee Fund.
The Contractor shall, at the time of the execution of the contract, present the original policies of
insurance required herein, or present a certificate of insurance showing the issuance of such insurance.
Contractor shall also provide an endorsement naming the District as an additional insured.
7 5 PERMITS
Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits
and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful
prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays
to the work.
In the event that the agency has obtained permits, licenses or other authorization, applicable to the
work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
In the case the agency does procure any permits, it is understood that the agency is acting as an authorized
agent for the contractor and that the Contractor shall be solely responsible for all work performed under
the permit.
CMSD Project No. 189 Standard Specifications— 6 of 8
7-6 THE CONTRACTOR'S REPRESENTATIVE
Contractor shall also file with the Engineer the addresses and telephone numbers where he or his
designated representative may be reached during hours when the work is not in progress.
instructions and information given by the Engineer to the Contractor's authorized representative
or at the address or telephone numbers filed in accordance with this section shall be considered as having
been given to the Contractor
7-8.1 CLEANUP AND DUST CONTROL
All surplus materials shall be removed from the site of the work daily after completion of the work
causing the surplus materials.
Unless the construction dictates otherwise, and unless otherwise approved by the Engineer
Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each
working day to keep paved areas acceptably clean whenever construction, including restoration, is
incomplete.
Failure of the Contractor to comply with the Engineer's dust control orders may result in an order
to suspend work until the condition is corrected; and after filing notice to the Contractor the Engineer
may order this accomplished by others. All costs thus incurred shall be deducted from the amount to be
paid to the Contractor No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed, of material used, to control dust
resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the
right of way Full compensations for such dust control will be considered as included in the prices paid
for the various items or work involved.
7-8.5 TEMPORARY LIGHT POWER AND WATER
The Contractor shall provide for his employees and adequate supply of clean potable drinking
water which shall be dispensed through approved sanitary facilities.
7 10 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall abide by the following publications which are hereby made a part of these
specifications.
a. The Work Area Traffic Control Handbook (WATCH).
b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work
Upon Highways.
c. State Labor Code Sections 6704, 6706 and 6707
d. The Construction Safety Orders (CAL/OSHA).
e. The General Industry Safety Orders (CAL/OSHA).
f. Standard Specifications for Public Works Construction (The Green Book)
7 13 LAWS TO BE OBSERVED
The Contractor shall protect and indemnify the District, the Board of Directors, the Engineer and
all of its or their officers, agents and servants against any claim or liability arising from or based on the
violation of any existing or future State, Federal and Local laws, ordinances, regulations, orders or
decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the
CMSD Project No. 189 Standard Specifications—7 of 8
plans, drawings, specifications or contract for the work in relation to any such law ordinance, regulation,
order or decree, the Contractor shall forthwith report the same to the Engineer in writing.
9-3.1 PAYMENT GENERAL
Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full
compensation for the items of work described in the proposal including all incidental, appurtenant, or
related work and materials, whether or not mentioned or specified, required to deliver the final product
shown on the plans. Contractor shall have examined the contract documents and site and shall include in
his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to
complete the job in order that no separate work or compensation is needed to complete the work.
9-3.2 PARTIAL AND FINAL PAYMENT
The lead time for processing invoices for the monthly progress payment approved by the Engineer
for inclusion on the warrant list of the District is governed by the rules and regulations established by the
Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the
25th of each month.
After completion of the contract, the Board shall, upon recommendation of the Engineer accept
the work as complete and authorize the final payment.
The amount retained and deducted by the District shall be 5% of the progress estimates for all
progress payments. The final payment of the retention amount to the Contractor shall be made 35 days
from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of
Directors and shall be made on duly certified voucher therefore.
It is mutually agreed among the parties to the contract that no certificate given or payment made
under the contract, except the final certificate of final payment, shall be conclusive evidence of full or
substantial performance of this contract; and no payment shall be construed to be an acceptance of any
defective work or improper material.
The acceptance of final payment by the Contractor shall release the District, the Board of
Directors and the Engineer from any and all claims or liabilities on account of work performed by the
Contractor under the contract or any alterations thereof.
9-3.3 DELIVERED MATERIALS
Materials delivered, but not in place, will not be classified as work done, except as otherwise
provided in these specifications.
CM SD Project No. I 89 Standard Specifications— 8 of 8
SPECIAL PROVISIONS
REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD
Project No. 189
A. GENERAL SPECIFICATIONS
All construction including materials, testing, and installation shall conform to the following
specifications.
A.1 Costa Mesa Sanitary District 'Standard Plans and Specifications for the Construction of
Sanitary Sewers' as last revised.
A.2 Standard Specifications for Public Works Construction (SSPWC) latest edition, also referred to
as the 'Greenbook
A.3 American Society of Test and Materials (ASTM)latest edition.
B. VITRIFIED CLAY GRAVITY SEWER PIPE (VCP)
B.1 Contractor shall furnish and install complete sewer pipe to the limits shown on the Plans
including appurtenant connections in conformance with manufacturer s installation
requirements and compliance with applicable construction safety codes and standards.
B.2 Acceptable manufacturers include: Mission Clay Pipe or approved equal.
B.3 Vitrified clay pipe and fittings shall be constructed to the following specifications.
Vitrified Clay Pipe SSPWC Section 207-8
Compression Type 'G Joint SSPWC Section 208-2.3
C. POLYVINYL CHLORIDE GRAVITY SEWER PIPE (PVC)
C.1 Contractor shall furnish and install complete sewer pipe to the limits shown on the Plans
including appurtenant connections in conformance with manufacturer s installation
requirements and compliance with applicable construction safety codes and standards.
C.2 Acceptable manufacturers include: J-M Manufacturing Company Certainteed Corporation, or
approved equal.
C I Polyvinyl chloride pipe and fittings shall be constructed to the following specifications.
Polyvinyl Chloride Pipe SSPWC Section 207 17
Elastomeric Gasketed Joints SSPWC Section 208-17.3.2
CMSD Project No. 189 Special Provisions— 1 of 4
D. ULTRA HIGH BUILD POLYURETHANE MORTAR MANHOLE/WET WELL
REHABILITATION SPECIFICATIONS
Scope of Work:
The intent of the work under this section involves the rehabilitation of existing concrete and
brick sewer manholes and/or wet wells at various locations using a High Build Polyurethane
Mortar
Work may consist of day and/or night work both on the roadway and in utility easements up to
200' from vehicular access. The contractor shall coordinate his work so as not to interfere with
City maintenance crews or disrupt normal sewer service. Manhole rehabilitation shall include
the following phases: Traffic control, Preparation of substrate, Removal of existing manhole
stairs as directed by the Engineer, and Application of 3/8' thick polyurethane mortar
General:
The contractor shall furnish all labor material and equipment necessary for all traffic control,
preparation of surfaces, application of polyurethane mortar safety procedures per Cal-OSHA
Permit Required Confined Space Requirements, protection of existing utilities or surfaces and
equipment /jobsite cleanup.
Flow Control:
• Any flow control or bypass pumping necessary to perform manhole / structure rehabilitation
will be the responsibility of the prime contractor
Surface Preparation:
• All concrete, brick or mortar surfaces to be lined shall be waterblasted to remove all
deteriorated concrete, oil, grease, or existing coating to produce a good sound, clean concrete
or brick. All manhole steps / stairs shall be removed/replaced as directed by the District
Engineer
• Waterblasting equipment shall be capable of 10,000 psi. Cleaning shall be accomplished
with a minimum of 5 000 psi using no detergents, solvents or chemicals of any kind.
• All debris produced from the Waterblasting operation shall be removed from the structure
prior to coating. No debris shall be allowed to enter the sewer system. The concrete or brick
surface shall be air dried prior to polyurethane mortar application.
Infiltration Control:
All active structure infiltration must be eliminated prior to liner application. Infiltration control
will be treated as extra work and as directed by the Engineer All grouting will completed in
accordance with NASSCO Specifications (Refer to 8th edition, January 1994 NASSCO
Specification on manhole sealing (page 130 section 3a).
CMSD Project No. 189 Special Provisions— 2 of 4
Liner Application:
• The polyurethane mortar application shall be performed only by workmen trained and
experienced with the specified material. The contractor shall provide proof of such
experience with the bid documents. Proof shall include a list of similar projects using the
specified material. The polyurethane mortar shall be applied through plural component
equipment specifically designed and approved by the manufacturer of the Polyurethane
mortar material. The equipment shall be in good working order to insure correct
proportioning and mixing of the components.
• The polyurethane mortar shall be applied to a thickness of 375 mils (3/8 inch) in one
continuous coat, without seams, free from any holes or defects. The polyurethane mortar
shall be installed from the flow level to the base of ring and cover over dry concrete.
• During polyurethane mortar application, the Contractor shall take wet gauge thickness
readings as required to insure correct thickness.
• The uniform polyurethane mortar shall be free from porosity without bubbles or pinholes
and uniform in color All areas in question shall be removed, reworked and patched.
• Application of the mortar lining shall not take place when exposed to rain, or high winds. It
is the Contractor s responsibility to insure protection of the work from the
above mentioned conditions.
Polyurethane Mortar Material:
The polyurethane mortar material shall be a two-component, 100% solid, non-solvent sprayable
polyurethane coating, such as Sancon 200 as manufactured by Sancon Engineering, Huntington
Beach, California or equal. The material shall be the high-build type capable of application
thickness, as specified, without runs or sags.
The color shall be white or cream. The complete coating shall be impermeable to sewer gases
and liquids and non conductive to bacterial or fungus growth. The polyurethane mortar shall be
capable of repair at any time during its life.
Material Substitution:
Materials specified are those which have been evaluated for the specific service. Elastomeric
urethane products of Sancon Engineering, Inc. or equal, are listed to establish a standard of
quality Standard products of manufacturers other than those specified may be accepted when it
is proved to the satisfaction of the Engineer they meet Standard Specifications requirements, are
equal in composition, durability usefulness, and convenience for the purpose intended.
Substitution will be considered provided the following minimum conditions are met:
• The proposed polyurethane mortar system shall have a thickness equal to or greater than that
of the specified system.
• The proposed polyurethane mortar system shall be applied in one coat.
CMSD Project No. 189 Special Provisions— 3 of 4
• The proposed polyurethane mortar system shall be capable of passing ASTM D-1737 for
flexibility using a cylinder mandrel of 0.5 inch (12.7 milimeters).
• The proposed polyurethane mortar system shall have been successfully used in 10 similar
projects, and at least three years old, where polyurethane mortar has been applied to similar
exposure and application.
• All requests for substitution shall carry full descriptive literature and directions for
application, along with complete information, generic type and non-volatile content by
volume.
• In the above mentioned data, if it appears to be in order, the District Engineer may require
that the Contractor provide certified laboratory data sheets showing proposed substitute. An
independent testing laboratory satisfactory to the District Engineer shall perform the required
testing. All costs incurred in the testing program shall be borne by the Contractor. The
District Engineer shall be sole and final judge of the acceptability of any proposed
substitution. Requests for substitution must be approved in writing.
• The manufacturer of the elastomeric polyurethane shall warrant its polyurethane mortar for
five years against any type of failure due to defects in material and application. A copy of
the warranty shall be submitted.
Measurement and Payment:
The contract unit prices, per each, etc. shall be paid for as stated in the bid schedule and shall
include furnishing all traffic control, tools, materials and equipment necessary for a complete
rehabilitation of each manhole per the specifications, and no additional compensation will be
allowed therefore.
Warranty
The polyurethane mortar system shall be warranted for (5) Five years against any type of failure.
Contractor shall remove and replace all failures at his expense during the warranty period.
E. WARRANTY AND SHOP DRAWINGS
The Contractor shall guarantee all materials to be new and all materials and workmanship to be free
from defects for a period of five years from the date of written acceptance of the completed work by
the Board of Directors of the Costa Mesa Sanitary Distnct.
The Contractor shall provide three (1) copies of shop drawings including catalog data, installation
instructions, and certificates of compliance prior to purchasing or installing any materials.
CMSD Project No. 189 Special Provisions—4 of 4
STN Mts9
to CITY OF COSTA MESA
F'}
1.0:
DEPARTMENT OF PUBLIC SERVICES
77 FAIR DRIVE, COSTA MESA, CA 92626
\�RRORRrEO'9�',
Public Services: (714) 754-5323 Inspection: (714) 754-5025 Fax: (714) 754-5028 TDD' (714) 754-5244
DATE. 02-28-2011 Encroachment PERMIT NO. PS11-00083
BY CHIRA_M
Original Permit No
Address of Work. 77 FAIR DR
Suite or Unit#
Location:
De 1pnon of Ncrk
ENCROACHMENT PERMIT TO CMSD TO REHAB SEWER LINES CITYWIDE PER CMSD PROJECTS 185 AND 189 CONTRACTOR SHALL
PROVIDE TRAFFIC CONTROL PLANS PRIOR TO BEGINING WORK
Start Date: I'errn it Expiration Date:
Building Reference No:
Planning Reference No (Project No):
Contractors Name: COSTA MESA SANITARY DISTRICT ph No 949-645-8400
Address. 628 W 19TH ST
COSTA MESA,CA
State License No 00150 City Business License No
Inst ranee Cm ipa ry.
II ranee Certificate No.
24-tic Emergency Contact: 24-Hr Telcph No
UG Service Alert ID No:
Applicant's Name: COSTA MESA SANITARY DISTRICT
Dc elopers Nam
I elephor No
FEES. Permit Fees: $0.00 BOND AMOUNT $0.09
DEPOSIT $0 00
TOTAL. $0.00
•
SIGNATURE OF APPLICANT Date.
PERMIT APPROVED FOR CITY ENGINEER By _ Date.
NOTE Apple nt shall refe thr. ittached Co idol id Mu 1pal Critic S..cn applicable a this pc it
CITY OF COSTA MESA
REQUIREMENTS and CONDITIONS of
PERMIT NO.
GENERAL
1 THIS PERMIT WITH APPROVED PLANS MUST BE ON THE JOB SITE AND AVAILABLE TO CITY REPRESENTATIVES AT ALL TIMES. You are
guided by Municipal Code Sections 1-33, 15-25, 15-27 1 15-39 and 15-48
2. Permittee shall perform all work in accordance with the Standard Specifications for Public Works Construction (latest edition): City of Costa Mesa
Standard Drawings;special agency provisions;and all applicable laws and ordinances
3. No work will be allowed from Thanksgiving Day to the day after New Year's Day unless authonzed by the Public Services Department. Special
authorization received- ID Yes, By-
4 Throughout all phases of construction the Permittee shall keep the work site clean and free of rubbish, debris, and dust and shall maintain drainage,
and take all precautions to prevent erosion and prevent any soil and debris from the work site from entering the public storm drain system
5. Existing public improvements damaged by the Permittee shall be replace as directed by the City Engineer at the Permittee's sole expense
6. Permit lee understands and agrees to the hold-harmless agreement required by CMMC Section 15-27
7 Contractor must notify the following Utility Companies 2 working days before starting work: Costa Mesa Sanitary District (949) 631-1731, Mesa
Consolidated Water District (949) 631-1200. Irvine Ranch Water District (949) 453-5300, and Underground Service Alert Toll Free (800)422-4133;
After Hours&Holidays(714)739-3031 (213)621-3111
8. Other
❑ I certify that in the performance of work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the
worker's compensation laws of California. If, after signing the certificate, I hire any employee, I acknowledge that I become subject to the workers
compensation provisions of the California Labor Code and I must comply with the provisions of Section 3700 and 3800 or my permit shall be deemed
revoked
INSPECTION
9. Permittee shall contact the City Inspector's office (714) 754-5025 at least 1 working day prior to commencing any work. Failure to obtain proper
inspections prior to commencement of work may be cause for its rejection
10. City will provide inspection between 7,30 a m and 3-00 p m Monday through Friday(except on City observed holidays).
11 Permittee shall pre-pay for estimated overtime inspection costs including inspection after 3 00 p m. and on weekends and holidays. Overtime
inspection cost is per the approved hourly rate
TRAFFIC CONTROL
12. Pernttee shall provide traffic control in conformance with the Work Area Traffic Control Handbook(W.A.T.0 H.)(latest edition). The Permittee shall
fun ah and/or install all signs,lights,barricades,traffic control or warning devices,flagmen,and flashing arrow boards. The permittee shall obtain prior
approval of the Transportation Services Division for all street closures, detours,turn restrictions,parking prohibitions,and methods of accommodating
traffic The permittee shall notify Emergency Fire,and Police services,and residents or businesses 2 working days in advance of any access
limitation or traffic restrictions
❑ Permittee shall submit traffic control plans for review and approval by the City of Costa Mesa Transportation Services Division prior to construction.
❑ Permittee may close a maximum of lane (s)if necessary to perform work within the public right-of-way during the hours of 8:30 a.m.
3:30 p.m. Monday through Friday(except City observed holidays)as long as traffic can be maintained in each direction with flagmen unless
otherwise approved by the Transportation Services Division
❑ Permitter shall replace all traffic striping,markings, and raised pavement markers in kind within 2 days after slurry seal coating or overlay. Temporary
striping and markings are required prior to opening the roadway to traffic
❑ The Contractor shall erect a company name sign within the project area which states the Contractors name,the project name,and the telephone
number which the public may use to obtain information relative to the project or to make any complaints The Contractor shall submit sketch of sign
to Public Services Department for approval prior to erecting sign
EXCAVATION AND TRENCHES
13. Trenches exceeding 5 feet in depth require a permit from the Division of Industrial Safety State of California.
14 Open excavations must be backfilled or plated with spikes and A C.tacked around edges during non-working hours.
15. Steel plates shall conform to Caltrans specifications. Steel trench plates without weld bends will not be allowed.
16. All trenches shall be permanently paved within 10 days of completion of work below subgrade.
17 Permittee shall pay for all S E. compaction,and materials tests deemed necessary by the City
18. Bore under all streets,curbs and gutters, sidewalks,cross-gutters, and driveway approaches. Tunneling is not allowed.
19. Permittee shall allow concrete slurry backfill to cure for a minimum of 3 days,or use a 24 hour cure concrete slurry
❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No 813.
❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No.813 with the following modifications:
ASPHALT PAVEMENT
The City enforces a moratorium against open cut of roadways. Open cut of any roadway paved, overlaid, or slurry sealed within the last 5 years shall be
subject to extensive restoration requirements as follows
❑ Permittee shall apply type II slurry seal coating per attached Slurry Seal Resurfacing Requirements
❑ Permittee shall cold mill the existing roadway surface and place a minimum of 2' asphalt concrete(AC)overlay with 2%RLA per attached Mill and
Overlay Resurfacing Requirements.
CONCERETE
20. Prior to placing Portland Cement Concrete(PCC)or A C.the subgrade compaction shall be inspected and approved for the following native soil
❑ imported soil ❑.
21 Curb and gutter shall not be removed on the day prior to a weekend or a City observed holiday
22. Areas lett open by curb and putter removal shall be filled in flush with the adjacent pavement on the same day that removal occurs.
23 Permittee shall remove and reconstruct PCC pavement per City of Costa Mesa Standard Drawing Nos.811 and 812
24 Sidewalk shall he constructed per City of Costa Mesa Standard Drawing Nos.411 412,413 and/or 414
25. Driveway approach shall be constructed per Title 24 and ADA Requirements,and City of Costa Mesa Standard Drawing Nos 313,513,514 and/or
515
❑ No traffic allowed on concrete for minimum of 7 days for cunng. See traffic control requirements and conditions above
Applicant hereby acknowledges that he/she has read and understands said requirements and conditions and that he/she agrees to abide by them
OWNERS OR AUTHORIZED AGENTS SIGNATURE DATE
Reviser r '1198
r
SAWCUT FULL EXTENDED REMOVAL
DEPTH (SEE NOTE 2)
REPLACEMENT PAVEMENT 8" (200 MM)
A.C. OR P C.C. MINIMUM A.C.
'' EXISTING
(25 1MM)
�//� PAVEMENT
cee /71:I�..
4 UNDER 24 12' (300 MM)
24 AND OVER 18" (450 MM)
BACKFILL ZONE
SEE NOTES 4 & S
36 N.(900 MM)
MI
12 MIN.
(300 MM) WARNING TAPE
L (OPTIONAL)
PIPE ZONE 6' MIN.
SEE NOTE 3 0 8 MAX. (200 MM)
6" MIN.
(1 5 0 MM) j
UNDISTURBED SUBGRADE
N T S
NOTES.
• SEE SHEET 2 OF 2
CITY OF COSTA MESA TRENCH DETAIL • u^
PUBLIC SERVICES DEPARTMENT
STD. DWG. NO
% APPROVED BY I t " /S 81 ,3 YUNO CRY ENGINEER 1001114441 . , ' ONCCTOR PS SERVICES
J
FILE NAME. STD-813.DWG / REVISED- SHT 1 OF 2
NOTES
1 ALL OPEN TRENCH AND EXCAVATION OPERATIONS SHALL CONFORM TO SECTION 306 OF THE CURRENT EDITION OF THE
"STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (GREENBOOK).
2. ALL SAWCUTS SHALL BE A STRAIGHT CLEAN LINE. IF THE TRENCH SAWCUT LINE FALLS WITHIN 36 INCHES OF AN EDGE
OF CONCRETE. CURB FACE, JOINT LANE LINE, OR ANOTHER SAW CUT LINE, THE EXISTING ASPHALT CONCRETE PAVEMENT
BETWEEN THE TRENCH TO THE EDGE OF CONCRETE, CURB FACE, JOINT LANE LINE. OR OTHER SAWCUT LINE SHALL BE
REMOVED AND REPLACED.
3. BACKFILL OF THE PIPE ZONE" SHALL BE IN ACCORDANCE WITH THE GUIDELINES OF THE UTILITY C.M.B. SHALL BE
REQUIRED IF NO OTHER MATERIAL IS SPECIFIED BY THE UTILITY NO NATIVE MATERIAL SHALL BE ALLOWED.
4. C.M.B. SHALL BE UTILIZIED FOR MATERIAL IN THE "BACKFILL ZONE" FOR ALL TRENCHES GREATER THAN 12 INCHES IN
WIDTH. NO NATIVE MATERIAL SHALL BE ALLOWED. THE C.M.B. IS TO BE COMPACTED TO 90% MAXIMUM DENSITY TO A
POINT 24 INCHES BELOW THE ROADWAY SURFACE. WITHIN THE REMAINING 24 INCHES OF THE ROADWAY SURFACE, THE
C.M.B. SHALL BE COMPACTED 95% MAXIMUM DENSITY
5. SLURRY (CLASS 100-E-100) WILL BE ALLOWED IN THE -BACKFILL ZONE" ONLY IF THE TRENCH IS EQUAL TO OR LESS
THAN 12 INCHES IN WIDTH. A 6 INCH THICK LAYER OF C.M.B. COMPACTED TO 95% MAXIMUM DENSITY SHALL BE
REQUIRED ABOVE THE SLURRY AND BELOW THE ASPHALT CONCRETE PAVEMENT SECTION.
6 THE SURFACE COURSE OF THE ASPHALT CONCRETE PAVEMENT (A MINIMUM OF 2 INCHES) SHALL BE 1/2 INCH MATERIAL.
AND THE BASE COURSE OF THE ASPHALT CONCRETE PAVEMENT SHALL BE 3/4 INCH MATERIAL. IF THE EXISTING
PAVEMENT SECTION CONTAINS A.R.H.M. THE REPLACEMENT SECTION SHALL INCLUDE A.R.H.M. THE MINIMUM THICKNESS OF
THE ASPHALT CONCRETE REPLACEMENT SECTION SHALL BE 8 INCHES.
7 IF CEm ENT TREATED MATERIAL IS ENCOUNTERED, THE PROPOSED ROADWAY STRUCTURAL SECTION IS TO BE APPROVED BY
THE CITY ENGINEER.
8. WORK ON STREETS DESIGNATED ON THE CITY'S MORATORIUM LIST SHALL REQUIRE ADDITIONAL PAVEMENT RESURFACING AS
OUTLINED IN THE MORATORIUM REQUIREMENTS, WHICH MAY CONSIST OF SLURRY SEAL, MILL AND OVERLAY OR
RECONSTRUCTION.
9. MATERIALS TESTING PER GREENBOOK SUBSECTION 306-1.3 AND 306-1.5.
10. NO TUNNELING UNDER CURBS AND GUTTERS, SPANDRELS, CROSS-GUTTERS, OR SIDEWALKS WILL BE ALLOWED.
11 CONTACT SURFACES OF EXISTING PAVEMENT AND CONCRETE SURFACES SHALL BE GIVEN A TACK COAT BEFORE PLACING
PERMANENT ASPHALT CONCRETE PAVEMENT ALL JOIN LIMITS BETWEEN THE NEW PAVEMENT AND THE EXISTING PAVEMENT
SHALL BE SEALED WITH TACK COAT.
12. ALL TRAFFIC CONTROL AND LANE CLOSURES SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE "WORK AREA
TRAFFIC CONTROL HANDBOOK" (W.A.T.C.H.).
13. ALL TRAFFIC STRIPING. LOOPS, MARKINGS. AND PAVEMENT MARKERS DAMAGED BY THE CONTRACTOR DURING
CONSTRUCTION SHALL BE REPLACED TO THE SATISFACTION OF THE CITY AND CONFORM TO CITY STANDARDS WITHIN 48
HOURS OF RESURFACING.
1
CITY OF COSTA MESA TRENCH DETAIL
PUBLIC SERVICES DEPART ENT luau
•ru..
STD. DWG. NO
APPROVED BY AL ! III 02.•ERNESTO MUNO2 CITY CNC,NEER WItLNM MORRIS DIRECTOR OE OU: Ryes H 13 •
1
FILE NAME. STD-813.DWG REVISED: SHT 2 OF 2
Alhambra Fdry A-1270
frame and cover per Std. 24"
Dwg. Ns 5 -105 �t°_°•a =1 Grade rings g= 0
ii
Eccentric cone
n
n r
48 1 el fi
C C
DI m
iiinii ....a.....4 .....-........fl
SIMMIMPEMI
-�1
SECTION A-A SECTION B-B
Z Z IDINTS AT BOTH NOTES
INLETS AIR O0TLET5 FOR B
YLP. COOT --.11
1 Manholes shall be precast concrete as manufactured
Iii by Associated Concrete Products, Inc. or approved
( equal
Q I A 2. Concrete base and stub walls shall be poured in one
In \ operation to an elevation 2' above top of pipe.
SIOPe p8 3. Concrete shall be Class 5G0-G 7250
4. Depth of the channel shall equal pipe diameter for
all sizes of pipe.
III
5. The floor of manholes shall be steel troweled.
I B 6. Steps shall be 14 wide stirrup-step, 3/4' diameter
galvanized steel cast-in-place at 16 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.
D;Date 16 82
COSTA MESA SANITARY DISTRICT Approved
Standard 48" 1D. Manhole District Engineer-R.C.E. 31720
Drawing N2 S - 100
9 1 .,
r 6"
field mortar, 1:3 mix
(plastic cement)
or sealant
TYPICAL - JOINT DETAIL
4
—IUSIDE ►uuHOIF---""
A
4"
field mortar, 1.3 mix
(plastic cement) •
•
manhole base A
• I/
MORTAR SEAL AT MANHOLE BASE
REVIov 10 23 85 Date G-18-88
COSTA MESA SANITARY DISTRICT Approved fiAs�'�'
Joint Detail - 31 - District Engineer -R-C.E. 31120
Drawing Ne S -Q
-- 1
STREET SURFACE
al E
eV C P sewer lateral
min. slope 1/414 to I'-0°
0
Std 45° bend n
10,-----
Variable size Sewer main
ELEVATION
E
E
I® w
c
-
V
0
a
o
�
I� n
� ' unless noted otherwise on plans
r - Alternate 'Tee' branch 6°V C P sewer
Sta.
Sta. Std. 45° bend
Const. of --- Std. 'Wye branch
wye only PLAN
NOTES
ii, 1 TEE 8RAIICH USED ONLY 411TH PRIDR APPROVAL FROM D15TRICT
A 9► ' is-e2
COSTA MESA SANITARY DISTRICT Approved
Lateral Connection Type ' A ' District Engineer-R.C.E. 3
Drawing NQ S - 104 -A A
14
r
1
TRENCH WTDTH
v 41
BAC%FILL — X l 0 D X I
1 ;
1 12"
BEDDING B — \ ���
7 \ TRENCH SHEETING OR
SHORING PER TITLE 8
7.e CALIFORNIA ADMINISTRATIVE
%EWER LINE CODE
BEDDING A — p /. . I
1111 n AS ili n w n ill 6" MIN
t A \ir %.,
BARREL OF PIPE BELL OF PIPE
NOTES
1 Bedding A shall be composed of 3/4 crushed gravel
2 Backfill and Bedding B shall be as required by the local
agency standards Backfill w/slurry whenever possible
3 "X shall be between 6 and 8 inches and shall include the
thickness of any shoring
4 All trenching and bedding operations shall be done in
conformance with the latest edition of the Standard
Specifications for Public Works Construction
5 Structural section of pavement shall be replaced as required
by the local agency
6 Applicable agency standards are City of Costa Mesa Std No
813 City of Newport Beach Std 106-L County of Orange EMA
Std Plan 1319
REVISED 8/11/88
COSTA MESA SANITARY DISTRICT Doe . 8-ii-
Approved IF;(1.1r.C,E.TRENCHING AND BEDDING awct � NroineS- I 31720
GEO -ETKA, INC
Established 1965
Soil Engineering Geology and Environmental Engineering - (.t
Material Testing and Inspections 4,-,
a/ :. (•
739 N.Main Street,Orange,CA 92868 Phone(714)771-6911 • Fax(714)771-1278 Email:geoetka@aol.com
FOUNDATION SOILS EXPLORATION
AND
PAVEMENT DESIGN RECOMMENDATION
AT
Project # 189
1475 South Coast Drive at
Harbor Boulevare
Costa Mesa, California
FOR
Costa Mesa Sanitary District
628 West 19th Street
Costa Mesa, California 92627
Date: July 16, 2010
Job No: FR-11164-10
GEO-ETKA, INC.
Job No: FR-11164-10
TABLE OF CONTENTS
DESCRIPTION PAGE NO
Scope. 1
Proposed Construction. 1
Site Condition. 1
Soil Condition. 1
Exploration. 2
Laboratory Testing. 2
Conclusions. 3
Suitability of the Project. 3
Strength Characteristics. 3
Expansion Potential. 3
Resistance `R' Value. 3
Recommendations. 4
Bearing Values. 4
Earth Pressure. 4
Pavement Design. 4
Excavation and Temporary Shoring. 4
Demolition and Tree Removal 5
Grading 5
1
GEO-ETKA, INC.
Job No. FR-11164-10
DESCRIPTION
PLATES
Plot Plan A
Boring Logs "B-1 and 'B-2'
Shear Curve 'C'
Consolidation Curves 'D-1 through 'D-3'
Resistance 'R Value 'R'
Typical Temporary Excavation Detail 'TTED'
APPENDICES
I Soil Classification and Sampler
11 Limitations
II
GEO-ETKA, INC.
Job No: FR 11164-10
Scope
This report presents the results of our Foundation Soils Exploration and Pavement
Design Recommendations of the site of the proposed replacement of sewer line located
at Project#189 1475 South Coast Drive at Harbor Boulevard, Costa Mesa, California.
The physical location and approximate dimensions of the site are shown on the
attached Plot Plan, Plate A This plans accuracy is as good as was submitted to our
office for dimension of the property use plans by surveyors or civil engineers.
An investigation was authorized to determine the existing soil conditions at the site and
to provide data and specific recommendations relative to the installation of the new
sewer line in accordance with our proposal dated 5-3-10 and agreement dated 5-27 10.
Refer to Appendix II for an explanation of the limitations inherent in the field.
Proposed Construction
Proposed plans are to replace the existing 12 feet deep sewer line with a new line as
shown on Plate A The area disturbed by the construction phase will be repaved.
This report is prepared for the client/owner the project engineers and the governing
agencies. Use of its contents by third parties will be at their own risk.
Chemical testing for detection of hydrocarbons or other potential contaminants is
beyond the scope of this report. Environmental assessment is not a part of the work
undertaken.
Site Condition
The site of the existing 50 feet long sewer line has a level surface It is located along
the south side of South Coast Drive at Harbor Boulevard and the 405 Freeway ramp.
With reference to the site investigated, all 4 of the contiguous properties are at the same
elevation as the subject area.
Drainage is down towards the south by sheetflow
Soil Condition
The on site soil is composed of layers of sandy clay and clayey silt along with slurry
concrete and aggregate base, as noted extending to the depth of the boring s 20 feet.
Note that soil variations in soil type may occur between the borings.
For a detailed soil classification refer to logs of the borings, Plates 'B-1 and 'B-2'
GEO-ETKA, INC.
Job No: FR 11164-10
Soil Condition (cont'd)
No ground water was noted; however some of the soils are moist and may need to be
dried or substituted with drier imported sandy materials. The moisture in boring 2 are in
the range of 30 to 60%.
Man-placed fill was encountered during the course of the field investigation. All fill
found irrespective of depth or lateral extent must be removed and replaced as
compacted soil.
Exploration
The subsurface was explored by drilling 2 borings 6 inches in diameter to a depth of 20
feet below the existing ground surface. The borings were placed in strategic locations
where the major structure is to be constructed in a manner to determine the subsurface
conditions. Approximate locations of the borings are shown on the attached Plot Plan
Plate A
All of the borings were logged by our soils technician. Samples of both undisturbed and
disturbed soils encountered were obtained for laboratory testing and observation. Logs
of the borings are shown on Plates 'B-1 and 'B-2' The soils are classified in
accordance with the Unified Soil Classification System described on an attached Plate.
This Plate also shows the type of sampler used in obtaining undisturbed samples.
Laboratory Testing
The field moisture content and dry densities of the soils encountered were determined
by performing tests on the undisturbed samples in accordance with ASTM Test Method
D-2216-05. The results of these tests are shown on the Logs of Borings, Plates 'B-1
and 'B-2' Density and field moisture information is useful as indicators of the nature
and quality of the material.
Direct shear tests were performed on selected, undisturbed samples of the soils in order
to determine the strengths and supporting capacities of the soils in accordance with
ASTM Test Method D-3080-04 The method of performing these tests is to saturate
the sample, to extrude the sample into the test apparatus, to apply the normal load, and
than to allow sufficient time to elapse to dissipate any excess hydrostatic pressure. The
sample is then subjected to a strain-controlled single plane shear test. The method of
applying the normal and shearing load is such as to allow the sample to change in
volume without producing an associated change in the normal stress. The shearing
stress is measured at a constant rate of strain of approximately 0.05 inches per minute.
Selected samples of soil were tested at confining pressures similar to those of the
materials in-situ. Additional specimens from the same samples were also tested at
increased normal pressures in order to determine the increase in shear strengths
associated with increased inter-granular pressure. The test results are plotted
graphically on Plate 'C' The resulting values are as follows:
2
GEO-ETKA, INC.
Job No: FR-11164-10
Laboratory Testing (cont'd)
Angle of Internal Cohesion
Soil Type Friction (degrees)
Gravelly sand 29 325
Sandy clay 30 215
Clayey silt 301/2 160
Consolidation tests were performed on saturated specimens of the typical foundations
soils in accordance with ASTM Test Method D-2435-04. Consolidometers are
designed to receive the undisturbed soil samples and brass rings in the field condition.
Porous stones placed at the top and bottom of each specimen permit free flow of water
into or from the specimen during the test.
Successive load increments were applied to the top of the specimen and progressive
and final settlements under each increment were recorded to an accuracy of 0 0001
inch. The final settlements so obtained are plotted to determine curves shown on
Plates 'D-1 through 'D-3'
CONCLUSIONS
Suitability of the Protect
The site is suitable for its intended use namely replacement of the existing 8 inch
diameter 12 feet deep sewer line. In designing the proposed sewer the criteria given
in the design section should be adhered to.
A) The construction of this project will not affect the stability of the surrounding
structures, such as walls, electric poles, etc. provided all precautions needed are
followed.
B) The latest applicable unified building code is to be followed as required.
C) This report is subject to approval by the governing agencies.
Strength Characteristics
The load bearing soils possess strength parameters adequate to support the proposed
construction.
Expansion Potential
The on site surficial soil is classified as moderately expansive with an expansion index
of 62 as per 2007 CBC/ASTM D-4829-03.
Resistance 'R' Value
Resistance `R" Value Criteria is presented on Plate 'R'
1
GEO-ETKA, INC.
Job No: FR-11164-10
RECOMMENDATIONS
Bearing Value
A bearing value of 1,500 p.s.f. may be used.
The above bearing values may be increased '/3 when resisting loads caused by wind or
seismic forces, providing the resultant size is not less than that obtained with dead load
and live load only
Earth Pressures
Lateral loads will be resisted by the friction between the floor slab and sub-grade as well
as the passive resistance of the soils against footings. A coefficient of friction of 0.35
may be used between slabs, footings and sub-grade.
The passive resistance of the soil may be taken to be 240 p.c.f of E.F.P
The active lateral soil pressure may be taken as 45 p.c.f. of E.F.P
Pavement Design
Based on the test results, the design sections for Bristol Street are given below should
be approved or amended as necessary by the city prior to construction.
Asphalt Base rock
Paving Thickness
Use In inches In inches
South Coast Drive 6 15
Excavation and Temporary Shoring
Excavations on the order of 12 to14 feet will be required for the proposed sewer-line
replacement at the subject site.
Temporary excavations up to a height of 5 feet can be cut vertically If space is available
un-shored excavations in excess of 5 feet must be must be laid back at a minimum
slope of 1.5.1 :H:V (above 5 feet). See attached Plate 'TTED'
Where there is insufficient room for sloped excavations, mechanical shoring plates
(standard city specifications may be used). We recommend that Geo-Etka, Inc.
observe the excavations and shoring installation, so that necessary modifications based
on variations in the soil conditions can be made. Applicable safety requirements and
regulations, including OSHA regulations, should be met. All groundwater was not
encountered during the current investigations in the area of the proposed excavations.
Caving was not noted in the borings performed; however the chances of caving will
increase within larger scale excavations and should be anticipated in particularly
granular material.
4
GEO-ETKA, INC.
Job No: FR-11164-10
Demolition and Tree Removal
Special note should be taken during the grading so as to locate all underground items,
e.g. pipe, conduit, storage tanks, septic tanks, cesspools or leach lines, water wells,
irrigation pipe, etc.
Any septic tank found should be removed from the site.
Any seepage pit or cesspool found shall be pumped dry and filled with 2 sack slurry
concrete. The top and sides should be broken and removed if they are within 5 feet of
finished grade. If a water-well is found it shall be cut off and capped, 5 feet below
finished grade.
Any metal pipe found shall be excavated and cleared from the site. Any vitrified clay
leaching lines may be broken in place.
Any tree that has to be removed, due to the construction, should be completely
removed and the cavity backfilled as described in the grading section.
Any root found shall be excavated and cleared from the site or mulched for future
landscaping use.
All cavities should be cut in a `V shape so that compaction equipment will not bridge
during grading which should be conducted in the manner noted below
It is recommended that the demolition be observed so as to prevent debris from
remaining on or being buried on site. The demolition of the below grade items such as
pipes and tree root systems must be checked by the soil engineer or his representative.
aras_ling
Prior to the controlled grading operations, the construction area should be stripped of all
vegetation that is present and the debris removed from the site or stockpiled and
mulched for later use in the planter areas.
All disturbed soil from demolition process, loose, porous, soft and fill soil found during
grading must be removed to firm native soil and replaced as compacted soil at 90%.
During the course of grading operations, if pumping occurs it is advisable to bridge the
bottom with a crushed or angular 1-inch rock layer at least 2 feet thick. Note that in no
case should crushed miscellaneous base or washed rounded rock be utilized. A sieve
analysis must be run by this office prior to import.
The densification of the rock should be observed/probed and approved by a
representative of this office; in such cases lightweight track equipment is recommended.
5
GEO-ETKA, INC.
Job No: FR 11164-10
Grading (cont'dl
A moderate amount of grading is anticipated in the development of this site, with upto
14 feet of trench depth to be backfilled upon installation of the new sewer
It is recommended that all surface which is loose that will support patio sidewalk slabs,
or asphalt concrete paving, and all surface which will receive fill or backfill, be scarified
to a depth of 8 inches, watered or dried to near Optimum Moisture Content and re-
compacted to a minimum of 90%.
Where fill or backfill is required, it should be placed in a maximum of 6-inch loose layers
and each layer compacted at near Optimum Moisture Content to at least 90%
compaction. Clean on site soils may be utilized as fill material. Imported fill soil should
be predominantly granular non-expansive and capable of developing the bearing
strength required for the project. All import soil must be approved by this office prior to
bringing to the site.
All utility trenches backfilled should be tested at a maximum of 2 feet in vertical height.
The City of Costa Mesa (CMSD) standard specifications for trench backfill inclusive of
bedding material is acceptable and are a part of this report.
Compaction Standard: A.S.T.M. D-1557-02.
Water-soluble sulphate content will be determined at the conclusion of the grading if
requested by the client or required by the approving agencies.
If required by the approving agency Expansion Index Test will be run at the time of
rough grading
A grading and a sewer plan should be submitted to this office prior to starting the
grading. A pre-grade meeting is required in accordance with the City of Costa Mesa
grading code.
In order for us to provide better service, a minimum of 48 hours notice should be
provided to schedule or cancel any geo-technical work.
GEO-ETKA, INC should be retained to observe all grading operations and the required
testing for implementing the recommendations of this report. If a change in the
consultants occur Geo-Etka, Inc. must be notified in writing and all liability will shift to
the client and his consultants of record.
6
GEO-ETKA, INC.
Job No: FR-11164-10
Grading (cont'd)
If conditions are encountered during the design, approval by the governing agencies,
and/or the construction period that appear to be contrary to the findings of this report,
this office must be notified so that proper modifications may be made.
Respectfully submitted,
GEO-ETKA, INC.
:4.;na.tr
1 � �
Ghayas A. Khan, P �.
Civil Engineer CieCAUFOgit
C-38344 Expires 3-3 - 1
Vsix
Ahmed Ali, President
REA No 04808
Expires 6-30-11
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GEO-ETKA INC
JOB NO FR-11164-10
PLATE B-1
Boring One Percent Dry
Classification Moisture Density
O' AC ± 8' asphalt paving
-
PCC Brown, medium to coarse sand,
(cemented slurry) , (fill)
GW Brown slightly silty, gravelly
"^•TY' fine to coarse sand and 3/4' rock 8 9
5' _44t.• moist slightly dense, (bedrock) ,
• ; (": (fill)
7
4fi 4i
3/4" rock with minor amount of 8 6 103 2
10' ,.. medium to coarse sand, moderately
moist loose
CL Gray fine sandy clay very moist
soft, (native @ 1ll ' )
CL Gray silty clay very moist 17 0
to wet, soft
CL Orange/brown fine, sandy clay
15' x- very moist slightly stiff to 14 5
soft
S ML Light brown very fine to fine
sandy silt very moist soft to
slightly firm.
20' , I
End of boring 17 9
e Depth of bag sample
II Depth of undisturbed sample
❑ No recovery
S Groundwater
Vertical Scale 1 = 4
GEO-ETKA INC
JOB NO FR-11164-10
PLATE B-2
Boring Two Percent Dry
Classification Moisture Density
o AC 1 6" asphalt paving
GW 3/4" baserock moderately
moist, dense (fill)
; '. . CL Dark brown silty clay very
/ moist soft (fill)
CL Dark brown, very fine to fine 43 1 78 2
sandy clay very moist, soft,
5 _ (native)
� � 3111/ ML Light brown, very fine, sandy
silt very moist, soft
CL Gray brown, silty clay, very 59 2 63 2
/ moist, soft
10' _ ML Gray brown clayey silt very
moist, soft
I 32 1 85 4
CL Gray/brown silty clay, very
/ moist, soft
15t_/),(/
CL Brown fine sandy clay, moist to
very moist, slightly firm to soft
20' ✓ End of boring 15 1
® Depth of bag sample
N Depth of undisturbed sample
❑ No recovery
SL Groundwater
Vertical Scale 1 = 4
GEO-ETKA Inc
Job Number FR-11164-10
Plate C
DIRECT SHEAR TEST
2000
1900
1800
1700
1600 O Boring 1 @ 9
(-4 ]0 '
0
[ 1500 l^\ Boring 2 @ 24 '
1400 o
■ Boring 2 @ 11 ' • 30 1
a 1300
W 1200 3o 0
a q
in 1100 _ _ _ y . . d9
A
0 1000 ,
a
1 900 _ -
x 800 _
7 0
700
ti) 600
z 500 _ A.
H Pr W 400
'x 300 ,.....,...„.<1. _ _
200
100 1 _
o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
.-1 CM f � '+l b h- co On 0 H N c'-■ 1EN '0 n CO
H H H H H H H H H
SURCHARGE PRESSURE POUNDS PER SQUARE FOOT
GEO-ETKA Inc
Job Number FR-11164-10
Plate D-1
Boring 1 @ 9
CONSOLIDATION TEST DATA
O 0000 f T - , T , , 1
O 0025
WATER ADDE
^0 0050
U
H
CC
n,
m0 0075
0
U
z
H
z
H
0 0100
z
0
H
H
0
A
H
0 0125
z
0
U AA�
O 0150 064.6
O 0175
0 0 0 0 0
O o
LOAD (KIPS PER SQUARE FOOT)
GEO-ETKA Inc
Job Number FR-11164-10
Plate 'D-2
Boring 2 @ 2} '
CONSOLIDATION TEST DATA
O 0000 r r T T T 7T - r
O 0080
O 0160
0
z
z
H
a
W
0 0240 WA?I R AUUL'IJ
"0 0320
z
0
H
H
H
O• 0 0400 _
z
0
0
0 0480
0 0560 .
LOAD (KIPS PEP SQUARE FOOT)
GEO-ETKA Inc
Job Number FR-11164-10
Plate 'D-3"
Boring 2 @ 11 '
CONSOLIDATION TEST DATA
0 0000 '
0 0120 `
--0 0240
x
U
z
H
[C
a
m0 0360
WATER ADDED
H
z
H
0 0480
z
0
H
D
p�
00 0600 - C6
z
0 0720
0 0840 J I ' • l l
Ln o 0 0 0 0
0 0 --4 N co
LOAD (HIPS PER SQUARE FOOT)
GEO-ETKA, INC 739 N. Main Street, Orange,CA 92868
Ph. (714) 771-6911 Fax (714) 771 1278
JOB NO. FR-11164-10 SOIL TYPE. Dark brown silty clay
TEST SPECIMAN A B C D
Date Tested 6-29-10 6-29-10 6-29-10
Lw Compactor Air Pressure psi 225 145 J 100
W Initial Moisture °/u 16 3 16 3 16 3
o Moisture at Compaction % 17 8 19 0 21 u
T Briquette Height In 2 58 2 63 2 61 —
N Dry Density pd 109 9 108 4 104 8
EXUDATION PRESSURE psi 375 295 133
EXPANSION dial (x.0001) 57 44 20
Z o Ph at 1000 pounds psi 26 40 53
ILI
a Ph at 2000 pounds psi 64 103 131
aEr Displacement turns 4 05 4 90 5 60
`R' Value 49 24 8
CORRECTED `R VALUE 49 26 9
100
=EE=::••••.E_=�___=n INEI ::::: : °e. 1.1...1 ::g
====:e:e:::=E __..===°0....._.._•__ ::::::E: see ee a °.:°.z
90 ::::::: :._::l :: :..E : E E:: :secs■.=
Final `R Value :..... e: :::::u:•••• •••••••:ae•R:::C•:
By Exudation: mum: u= :• •:..! E•: : ::le:::
27 80 ::e::••••: :.::::! E:: _ :•:.:.! I
.••= 1...0 sue .e■e 6••• ... E:= :Ee : :
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rp h' Exudation Pressure PSI Plate "R"
GEO-ETKA INC
Job No FR-11164-10
Plate 'TTED
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BOTTOM OF EXCAVATION
TYPICAL TEMPORARY
EXCAVATION DETAIL
LEO- FTKA I Nu
JOB NO FR-11164-10
SOIL CLAS IFICATION CHART
GRAPH LETTER TYPICAL
MAJOR DIVISIONS SYM SYM DESCRIPTION
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-
AND GRAVELS .
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GEO-ETKA, INC.
Job No. FR-11164-10
LIMITATIONS
1 This Geotechnical Report is based upon data obtained by surface reconnaissance, limited
soil test borings, laboratory test results, and preliminary engineering analysis. No inference
should be drawn from the language of the report that the scope of the investigation was any
wider It must be understood that although the observed and reported conditions are
considered representative, local vanations of geologic and/or soil conditions may exist for
which this firm cannot assume responsibility This report was prepared upon our request for
our services, and in accordance with accepted standards of professional practice. The
limitations of this report are also governed by the contract amount agreed to be paid by the
client.
2. This report is issued with the understanding that it is the responsibility of the owner or of
his representatives to ensure that the information and recommendations contained herein are
called to the attention of the developer, his architect, and engineers for this property so that
necessary steps are taken to implement the recommendations of this report. Failure to do so
relieves Geo-Etka, Inc. of all responsibility
3 The findings of this report are valid as of the present date. However changes in the
conditions of a property can occur with the passage of time, whether they be due to natural
processes or to the works of man, on this or adjacent properties. In addition, chances in
applicable or appropriate standards occur whether they result from legislation or the
broadening of knowledge, or present applicable CBC Code requirements. Accordingly the
findings of this report may be invalidated, wholly or partially by changes outside of our
control. Therefore, this report is subject to review and should not be relied upon after a
period of one (1) year. Note that some local jurisdictions have less time for the reports
validity and reports are required to be updated at the expiration of such predetermined limits.
4 Unless the recommendations of this report are completely incorporated into the design,
and all phases of geotechnical activity are checked, tested, and reported by this office, Geo-
Etka, Inc. will not be held liable by others.
APPENDIX II
Dear Contractor
In entering into an agreement with the Costa Mesa Sanitary District, you must designate yourform of
business entity There are three basic types of business entities. They are.
1 A Sole Proprietorship
(with or without a 'dba')
2. A Partnership
3. A Corporation
In entering into contracts with the Costa Mesa Sanitary Distnct, please indicate the complete name
of your business in one of the following acceptable formats
1 John Smith, Sole Proprietor
or
John Smith, Sole Proprietor
Doing business as Acme Roofing
2. Smith and Dokes, a California Partnership
3. Smith Corporation, Inc.
A California Corporation
In signing the agreement with the Costa Mesa Sanitary District,you or your agent must sign in one of
the following manners so the capacity in which you or your agent is signing is clear
1
John Smith, Sole Proprietor
2. Smith and Dokes
By
John Smith, Partner
3. Smith Corporation, Inc.
By
Vice President
Your Public Notary must indicate your capacity when acknowledging your signature.
CONTRACT
CON-PROJECT 189
THIS AGREEMENT is made and entered into this day of by and
between the COSTA MESA SANITARY DISTRICT hereinafter referred to as 'DISTRICT' and
a hereinafter referred to as 'CONTRACTOR.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree as follows:
1 Scope of the Work. That CONTRACTOR shall perform all the work and shall provide
and furnish all the labor materials, necessary tools, expendable equipment, and all utility and
transportation services required to construct: Rehabilitation of Six Sewers Transferred to CMSD.
2. Labor and Materials. All of said work to be performed and materials to be furnished
shall be in strict accordance with the plans and specifications entitled Specifications for
Rehabilitation of Six Sewers Transferred to CMSD and CONTRACTOR agrees to do everything
required by this Contract and the Contract Documents including the plans and specifications and any
general conditions.
All labor materials, tools, equipment and services shall be furnished on work performed, and
under the direction, administration and subject to the approval of DISTRICT or its authorized
representatives.
CONTRACTOR warrants that it will not purchase mined construction material for this
PROJECT except from a mining operation that is currently identified in the list published pursuant to
subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for
qualified mining operations at www consry ca.gov/OMR/ab_3098_list/current_list.
3. Time of Completion. CONTRACTOR agrees to commence the work to be performed
under this Contract within fifteen (15) days of receipt of the 'Notice to Proceed' and to diligently
prosecute the work to completion before the expiration of SIXTY (60) WORKING DAYS from the
date of commencement. 'Working days means all calendar days except Saturdays, Sundays, and
legal holidays.
4. Time of the Essence. Time is of the essence of this Contract.
5. Liquidated Damages/Delay Damages. It is agreed by the parties hereto that in case the
total work called for hereunder in all parts and requirements is not finished or completed within the
number of working days as set forth herein, damage will be sustained by the DISTRICT and that it is
and will be impractical and extremely difficult to ascertain and determine the actual damage which
the DISTRICT will sustain in the event of and by reason of such delay and it is therefore agreed the
CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and 00/100 Dollars
($250.00) per calendar day for each and every day of delay in finishing the work in excess of the
number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said liquidated
damages herein provided for and further agrees that the DISTRICT may deduct the amount thereof
from any monies due or that may become due the CONTRACTOR hereunder
The CONTRACTOR will be granted an extension of time and will not be assessed with
Contract No. CON-PROJECT 189
Page 2
liquidated damages for any portion of the delay in completion of the work beyond the time named
herein for the completion of the work due to unforeseeable causes beyond the control and without
the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the
public enemy fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather or
delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification
and a written Request for Change Order as required herein.
The CONTRACTOR shall within ten (10)days from the beginning of any such delay(unless
the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract)
notify the District Engineer in writing of the cause of the delay and the District Engineer shall extend
the time for completing the work if in the District Engineer's judgment the cause so merits. The
District Engineers determination on this matter shall be final and conclusive on the parties hereto
CONTRACTOR shall also be required to submit a written Request for Change Order to District
Engineer within fifteen (15) days of the date of such delay No adjustment shall be allowed for such
delay unless strict compliance with this contractual provision is effected CONTRACTOR's remedy
shall be limited to the extra days granted and to any damages that he may be entitled to using the
formula agreed to by the parties for all damages as provided in Paragraph 28.
6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above agreed to be done the sum of
Dollars ($ • ).
7 Progress Payments. Prior to the fifteenth day of the month next following the
commencement of the work, there shall be paid to CONTRACTOR a sum equal to 90 percent of the
value of the work completed since the commencement of the work as determined by the District
Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses.
CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of
the value of the work completed since the commencement of the work as determined by the District
Engineer less all previous payments, provided that CONTRACTOR submits his request for payment
prior to the last Wednesday of each preceding month. DISTRICT shall make the final payment, if
unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and the
filing of a Notice of Completion. Payments shall be made on demands drawn in the manner required
by law accompanied by a certificate signed by the District Engineer stating that the work for which
payment is demanded has been performed in accordance with the terms of the Contract, and that
the amount stated in the certificate is due under the terms of the Contract. Partial payments on the
Contract price shall not be considered as an acceptance of any part of the work.
8. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests within thirty (30) days and to comply with the
provisions of Public Contract Code Section 20104 50.
9. Retention Securities. Pursuant to California Contract Code Section 22300,
CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved
financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure
performance of the Contract.
10. Specifications. The Standard Specifications for Public Works Construction, also
known as the Greenbook, latest edition, shall be controlling unless a different specification is called
out in the Contact Documents, including the Costa Mesa Sanitary Districts Standard Plans and
Contract No. CON-PROJECT 189
Page 3
Specifications for the Construction of Sanitary Sewers and the Specifications for Rehabilitation of Six
Sewers Transferred to CMSD.
11 Change Orders. Change order requests shall be submitted to the District Engineer in
writing who shall have discretion to determine the merit of the change order request. The District
Engineer may approve or disapprove change orders in his discretion except that any change order
resulting in an increase of the Contract price shall be co-signed by the District Manager and/or
approved by the Board of Directors. No amendments, modifications,or waivers of Contract terms or
the Contract Documents, including additional compensation for extra work, will be allowed absent a
written Change Order signed by both parties.
12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per
diem wages and the general prevailing rate for legal holidays and overtime work in the locality in
which the work is to be performed for each craft or type of work needed to execute this Contract, and
the same has been placed on file with the District Clerk at the Districts principal office.Said per diem
wages can be obtained on the Internet at http://www dir.ca.gov/dlsr/DPreWageDetermination htm
Said per diem wages are deemed to include employer payments for health and welfare, pension,
vacation, and travel time and subsistence pay all in accordance with sections 1773.1 and 1773.8 of
the Labor Code of the State of California.
13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully
discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate
against any employee or applicant for employment on the basis of race, religious creed, national
origin or sex.
14. Compliance with Davis-Bacon Act. This provision does not apply to this Contract.
15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of
California regarding the preparation, maintenance and filing of payroll records are applicable to this
Contract. Specifically each CONTRACTOR and subcontractor shall keep an accurate payroll
record, showing the name address, social security number work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each joumeyman,
apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S
AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO THE DISTRICT
ENGINEER FOR REVIEW ON A WEEKLY BASIS THE CONTRACTOR SHALL BE RESPONSIBLE
FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS
16. Penalty CONTRACTOR shall, as a penalty to the DISTRICT forfeit up to$50.00 for
each calendar day or portion thereof for each workman paid (either by him or any subcontractor
under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all
in accordance with section 1775 of the Labor Code of the State of California.
17 Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the
use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this Contract, not more than eight(8)hours
shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of
labor in a day from any person unless the CONTRACTOR complies will all applicable Labor laws.
CONTRACTOR shall conform to Article 3 Chapter 1 Part 7 (section 1810, et seq.) of the Labor
Contract No. CON-PROJECT 189
Page 4
Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT
as a penalty the sum of$25.00 for each workman employed in the execution of this Contract by the
CONTRACTOR or any subcontractor for each calendar day during which any workman is required or
permitted to labor more than eight(8) hours in any one calendar day and forty(40) hours in any one
week in violation of said article.
19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of
the 'Subletting and Subcontracting Fair Practices Act' (Public Contract Code Section 4100 et seq.)
and that he agrees to comply with all applicable provisions thereof If any part of the work to be done
under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all
work to be performed thereunder shall be performed in accordance with this Contract. Upon
request, certified copies of any or all subcontracts shall be furnished to the District Engineer or
DISTRICT The subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above
provisions will be considered a violation of the Contract, and the DISTRICT may cancel the
Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract
involved, or cancel the Contract and assess the penalty
All persons engaged in the work, including subcontractors, will be considered employees of
the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with
and make all payments to the CONTRACTOR.
20. Workers' Compensation. CONTRACTOR shall carry Workers Compensation
Insurance and require all subcontractors to carry Workers Compensation Insurance as required by
the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby
certifies:
'I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
Workers Compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this Contract.
21 Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in
accordance with 24 CFR part 24 sub-part F Under 24 CFR part 24 sub-part F the CONTRACTOR
will provide certification in writing that it will provide a drug-free workplace by
(a). Publicizing a statement notifying employees that the unlawful manufacture distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the action it will take against employees for violation of such prohibition,
(b). Establish an ongoing drug-free awareness program to inform employees about-
1 Degrees of drug abuse in the workplace
2. The policy of maintaining a drug-free workplace,
3. Any available drug counseling, rehabilitation and employee assistance programs;
4 The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
(c). Making it a requirement that every employee to be engaged in the performance of the
Contract be given a copy of the statement required by paragraph (a);
(d). Notifying employees in the statement required by paragraph (a) that as a condition of
employment under the Contract the employee will
1 Abide by the term of the statement; and
Contract No. CON-PROJECT 189
Page 5
2. Notify the employer in writing of any conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction.
(e). Notify the DISTRICT in writing within ten (10) calendar days after receiving notice under
subparagraph (d) (2) from an employee or otherwise receiving actual notice of such
conviction. Employer of said convicted employee must provide notice including conviction
title, to the DISTRICT
(f). Taking one of the following actions, within thirty (30) calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted
1 Taking appropriate action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal,State or local health,
law enforcement, or other appropriate agency
(g). Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds
approved by DISTRICT one in the amount of one hundred percent (100%)of the Contract price, to
guarantee the faithful performance of the work, and the other in the amount of one hundred percent
(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished.
This Contract shall not become effective until such bonds are supplied to and approved by
DISTRICT All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the
right to object to any such surety in accordance with Code of Civil Procedure Section 995.660
23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors upon the project have been
paid in full, and that there are no claims outstanding against the project for either labor or material,
except certain items, if any to be set forth in an affidavit covering disputed claims, or items in
connection with a Notice to Withhold which have been filed under the provisions of the statutes of
the State of California.
24. CONTRACTOR'S Waiver CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out
Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under
or arising out of this Contract unless otherwise stated in said document.
25. Notice to Proceed. No work, services, material or equipment shall be performed or
furnished under this Contract unless and until a 'Notice to Proceed' has been given to the
CONTRACTOR by the District Engineer and all bonds and certificates of insurance required pursuant
hereto have been furnished to and approved by DISTRICT
26. Termination.
A. If CONTRACTOR should fail to comply with any of the provisions hereof or in the
event CONTRACTOR should become the subject of a proceeding under state or federal law for relief
Contract No. CON-PROJECT 189
Page 6
of debtors or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall
have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part.
B Should CONTRACTOR, at any time during the progress of the work, refuse or
neglect to supply sufficient material or labor or fail to comply with any provision of this Contract,
DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide
such materials and labor or make good such deficiencies as DISTRICT may deem expedient after
three (3)days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with
DISTRICT and CONTRACTOR shall be liable for the cost and expense thereof which may be
deducted by DISTRICT from any money that may be due CONTRACTOR.
C. Without limiting any rights which DISTRICT may have by reason of any default by
CONTRACTOR hereunder DISTRICT reserves the right to terminate this Contract in whole or in part
at its convenience. In such event DISTRICT shall compensate CONTRACTOR,subjectto deduction
for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs
incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures
made and costs incurred with DISTRICT'S prior written approval in settling or discharging
outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii)
by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder an amount equal to
the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of
completion of the work. In no event, however will the compensation to CONTRACTOR exceed the
total Contract price less payments previously made and less the Contract price of work not
terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice
otherwise directs, (i)immediately discontinue the work and the placing of all orders and subcontracts
in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made
hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process,
appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with
the performance of this Contract.
27 CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions
that exist or that may hereafter exist, or of conditions or difficulties that maybe encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared
by District Engineer and/or DISTRICT for purposes of letting this Contract out to bid,will be accepted
as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all
requirements of the Contract Documents Nor will such reasons be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time.
28. Damages/Extra Work Compensation.The parties have agreed to modify the formula
for damages set forth in the Standard Specifications for Public Works Construction. The parties
agree that the damage formula shall be used to measure all of CONTRACTOR's damages or extra
work required by this job. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first $5000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three
competitive bids are obtained
and contractor selected the
lowest bidder)
Excluded from recovery shall be so-called 'Eichleay damages including, but not limited to,
home office overhead, insurance and bonding costs, lost bonding capacity lost profits, and lost
interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided in this paragraph.
CONTRACTOR's
Initials
29. Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated into this Contract by reference and are to be read and
construed together as the full, complete and integrated terms of this Contract:
A. Notice Inviting Bids
B Supplementary Bid Addenda or Bulletins, if applicable
C. Proposal Packet
D Standard Specifications for Public Works Construction 'Greenbook, latest
edition
E. Costa Mesa Sanitary District Standard Plans and Specifications for the
Construction of Sanitary Sewers
F Construction Plans and Specifications for Rehabilitation of Six Sewers
Transferred to CMSD
G Standard Drawings (Costa Mesa Sanitary District Drawings
and City of Costa Mesa Drawings)
H. Soils Report
City of Costa Mesa Encroachment Permit
J Faithful Performance Bond
K. Payment Bond
L. Approved Change Orders, if applicable
M. Contractors Affidavit
N. Final Closeout Agreement and Release of All Claims
The documents listed in this Paragraph, including this Contract, shall be known and referred
to collectively as the 'Contract Documents.
30. Interpretation. In the event of any conflict, inconsistency or incongruity between the
provisions of this Contract and the provisions of any of the Contract Document(s) referenced in
Paragraph 29 hereof or amendments thereto the provisions of this Contract shall control in all
respects.
31 Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled. If any action
is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to
Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to
reasonable attorney's fees, costs and necessary disbursements.
32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a
sum equal to the expenses of administration and legal services required to be expended by
DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of
a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to
offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR.
33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR
agrees to amend supplement or endorse the existing coverage to do so The following coverages
will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance
with the requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-
CGL form No CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits
shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million
dollars general aggregate. DISTRICT and its employees and agents shall be added as additional
insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992
or equivalent, as determined by District Counsel. Coverage shall apply on a primary non-contributing
basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT
or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious liability or
supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to
bodily injury/property damage, personal injury/advertising injury at a minimum, and shall include a
drop down provision providing primary coverage above a maximum $25 000.00 self-insured
retention for liability not covered by primary policies but covered by the umbrella policy Coverage
shall be on the following form to any underlying coverage. Coverage shall be provided on a 'pay on
behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability
exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the
authority to make determinations on the acceptability of forms of insurance coverage. A
determination that the form of coverage is not acceptable shall cause the award to go to the next
lowest responsible bidder
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business
Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or equivalent, as determined by
District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and
ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement
to the General Liability policy described above is acceptable.
Workers' Compensation/Employers' Liability shall be written on a policy form providing workers
compensation statutory benefits as required by law Employers liability limits shall be no less than
one (1) million dollars per accident or disease. Employers liability coverage shall be scheduled
under any umbrella policy described above Unless otherwise agreed,this policyshall be endorsed to
waive any right of subrogation as respects the DISTRICT its employees or agents.
CONTRACTOR and DISTRICT further agree as follows.
1 This Section supersedes all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering the legal status of
the parties to this Contract. The insurance requirements set forth in this Section are
intended to be separate and distinct from any other provision in this Contract and shall be
interpreted as such.
3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in this Contract or
any other agreement relating to the DISTRICT or its operations limits the application of such
insurance coverage.
4 Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only this Contract will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any
other agreements pertaining to the performance of this Contract, shall not prohibit
CONTRACTOR, and CONTRACTOR'S employees, or agents, from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT
7 Unless otherwise approved by DISTRICT CONTRACTOR'S insurance shall be written by
insurers authorized to do business in the State of California and with a minimum 'Best s
Insurance Guide rating of A:VII' Self-insurance will not be considered to comply with these
insurance specifications.
8. In the event any policy of insurance required under this Contract does not comply with these
requirements or is canceled and not replaced, DISTRICT has the right but not the duty to
obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any
premium paid by DISTRICT
9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein,
satisfactory to DISTRICT consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to CONTRACTOR'S general
liability and umbrella liability policies (if any) using ISO form CG 20 10 with an edition prior to
1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that
the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR
agrees to require its insurer to modify such certificates of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word endeavor' with regard to any notice
provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon
request.
10. CONTRACTOR shall provide proof that policies of insurance required herein expiring during
the term of this Contract have been renewed or replaced with other policies providing at least
the same coverage. Such proof will be furnished within 72 hours of the expiration of the
coverages.
11 Any actual or alleged failure on the part of DISTRICT or any other additional insured under
these requirements to obtain proof of insurance required under this Contract in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to
provide general liability insurance naming as additional insured all parties to this Contract.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable
efforts to ensure that such coverage is provided as required here CONTRACTOR agrees to
require that no contract used by any subcontractor or contracts CONTRACTOR enters into
on behalf of DISTRICT will reserve the right to charge back to DISTRICT the cost of
insurance required by this Contract. CONTRACTOR agrees that upon request, all
agreements with subcontractors or others with whom CONTRACTOR contracts with on
behalf of DISTRICT will be submitted to DISTRICT for review Failure of DISTRICT to
request copies of such agreement will not impose any liability on DISTRICT or its
employees.
13. If CONTRACTOR is a Limited Liability Company general liability coverage must be amended
so that the Limited Liability Company and its managers, affiliates, employees, agents, and
other persons necessary or incidental to its operation are insured
14 CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss
against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve DISTRICT
34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should,to the
fullest extent permitted by law be fully protected from any loss, injury damage claim lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or
in any way related to the performance of this Contract. Accordingly the provisions of this indemnity
provision are intended by the parties to be interpreted and construed to provide the fullest protection
possible under the law to the DISTRICT except for liability attributable to the DISTRICT'S active
negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Contract in the
absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth
here.
To the fullest extent permitted by law and excepting only the active negligence of DISTRICT
established by a court of competent jurisdiction or written agreement between the parties,
CONTRACTOR shall defend, indemnify and hold harmless DISTRICT its employees agents and
officials, from any liability claims, suits, actions, arbitration proceedings administrative proceedings,
regulatory proceedings, losses expenses or costs of any kind whether actual,alleged or threatened,
actual attorney fees incurred by DISTRICT court costs, interest, defense costs including expert
witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable actually
allegedly or impliedly in whole or in part to the performance of this Contract. All obligations under
this provision are to be paid by CONTRACTOR as incurred by DISTRICT
Without affecting the rights of DISTRICT under any provision of this Contract or this Section,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above
for liability attributable to the active negligence of DISTRICT provided such active negligence is
determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the DISTRICT is shown to have been actively
negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances
where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not
attributable to the active negligence of DISTRICT as determined by wntten agreement between the
parties or the findings of a court of competent jurisdiction.
The obligations of CONTRACTOR under this or any other provision of this Contract will not be limited
by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives
its statutory immunity under such statutes or laws as to DISTRICT its employees and officials.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those
set forth in this section from each and every subcontractor sub-tier contractor or any other person or
entity involved by for with, or on behalf of CONTRACTOR in the performance of the subject matter
of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others
as required here, CONTRACTOR agrees to be fully responsible according to the terms of this
section.
Failure of DISTRICT to monitor compliance with these requirements imposes no additional
obligations on DISTRICT and will in no way act as a waiver of any rights hereunder This obligation
to indemnify and defend DISTRICT as set forth herein is binding on the successors,assigns,or heirs
of CONTRACTOR and shall survive the termination of this Contract or this section.
35. Permits. The CONTRACTOR shall obtain from DISTRICT City County State,
Federal or other responsible public agencies all licenses and permits, and pay all fees related
thereto necessary to complete the job
36. Assignment. No assignment by the CONTRACTOR of this Contract or any part
hereof or of funds to be received hereunder will be recognized by the DISTRICT unless such
assignment has had pnor written approval and consent of the DISTRICT and the Surety
37 Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable laws relating thereto It shall be
CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also
be CONTRACTOR'S duty to dust-palliate all working areas and access routes if applicable. All
operations shall be conducted by CONTRACTOR so that no fire hazards are created.
38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating
facilities pursuant to California Government Code Section 4215
39 Trenching. If this Contract involves digging trenches or other excavations that
extend deeper than four feet below the surface, CONTRACTOR shall promptly and before the
following conditions are disturbed notify the District Engineer in writing, of any
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions at the site of any unusual nature different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract.
(d) The District Engineer shall promptly investigate the conditions, and if he finds that the
conditions do materially so differ or do involve hazardous waste, and cause a decrease or
increase in the CONTRACTOR'S cost of or the time required for performance of any part of
the work, shall issue a change order in accordance with the procedures described in this
Contract.
(e) In the event that a dispute arises between District Engineer and the CONTRACTOR whether
the conditions materially differ or involve hazardous waste, or cause a decrease or increase
in the CONTRACTOR's cost of or time required for performance of any part of the work,the
CONTRACTOR shall not be excused from any scheduled completion date provided for by the
Contract, but shall proceed with all work to be performed under the Contract. The
CONTRACTOR shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
40. Notices. The parties hereto agree that all formal notices required by this Contract
may be provided to the following persons at the following addresses by sending the same by certified
or registered mail as follows:
DISTRICT District Engineer
Costa Mesa Sanitary District
628 W 19th Street
Costa Mesa, California 92627 2716
CONTRACTOR:
41 Effect of Invalidity The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision.
42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents
or representatives has offered or given any gratuities to DISTRICT'S employees agents or
representatives with a view toward securing this Contract or securing favorable treatment with
respect thereto
43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship and that he is not in any way associated with any architect, engineer or other preparer
of the plans and specifications for this project.
44. Copeland Anti-Kickback' Act. If applicable to this Contract,CONTRACTOR and its
subcontractors shall comply with the provisions of the Copeland Anti-Kickback' Act(18 USC Section
874), as supplemented in Department of Labor regulations, which Act provides that each Contractor
shall be prohibited from requiring, by any means, any person employed in the construction,
completion or repair of any public work, to give up any part of the compensation to which he is
otherwise entitled.
45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement
and Release of All Claims.
46. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of
one (1) year after the date of filing of the Notice of Completion and shall repair and replace any and
all such work, together with any other work which may be displaced in so doing that may prove
defective in workmanship and/or materials within the one (1)year period from date of the filing of the
Notice of Completion, without expense whatsoever to the DISTRICT ordinary wear and tear and
usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions
within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to
have the defects repaired and made good at the expense of the CONTRACTOR,who shall pay the
cost and charges therefor immediately on demand.
47 Job Progress. CONTRACTOR agrees to maintain a critical path analysis throughout
the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or other periodic
basis, or as requested by the District Engineer to review job progress. CONTRACTOR agrees to
provide District Engineer with critical path analysis documentation whenever job progress is
impacted so that the completion date may be affected or whenever delays or other impacts may give
rise to CONTRACTOR'S claim for additional days or additional damages. Delay and other claims of
damages based on CONTRACTOR'S planned early completion are prohibited.
48. Resolution of Claims For all claims that are less than Three Hundred and Seventy
Five Thousand Dollars ($375 000.00), the provisions of Public Contracts Code Section 20104 et seq.
(Article 1 5 — Resolution of Construction Claims) shall be followed.
49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR
upon receipt of any third-party claim related to the Contract.
IN WITNESS WHEREOF the parties hereto have entered into this agreement the date and yearfirst
above written.
ATTEST COSTA MESA SANITARY DISTRICT
Joan Revak Robert Ooten
Clerk of the District President of the Board of Directors
APPROVED AS TO FORM:
CONTRACTOR
Name.
Colin R. Burns
Associate District Counsel Address:
APPROVED AS TO CONTENT By
Robin B. Hamers
District Engineer
STATE OF CALIFORNIA) ss (INDIVIDUAL)/(CORPORATION)
COUNTY OF
On 2011 before me, the undersigned, a Notary Public in and for said
state personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Public)
PAYMENT BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS the COSTA MESA SANITARY DISTRICT a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on has
awarded to
CONTRACTOR
(NAME AND ADDRESS OF CONTRACTOR)
hereinafter designated as the 'Principal' Contract No. CON-PROJECT 189 for the work described
as follows: Rehabilitation of Six Sewers Transferred to CMSD Said Contract and all of its
obligations, covenants terms and conditions are fully incorporated herein by reference
WHEREAS said Principal is required by the provisions of said Contract and of the Civil Code
to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety are held
and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of XXX and 00/100 Dollars
($XXX,XXX.00), said sum being not less than one hundred (100%) percent of the estimated amount
payable under the terms of the Contract for which payment well and truly be made, we bind
ourselves, our heirs, executors and administrators successors and assigns, jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof shall fail to
pay any of the persons named in Section 3181 of the Civil Code of the State of California for any
materials, provisions, provender or other supplies used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor performed by any such claimant or any amounts
required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of
employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code, with respect to such work and labor then said Surety will pay for the same, in an
amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon
the bond will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the
benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of
action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
Bond No.
Further the said Surety for value received, hereby stipulates and agrees that no change,
extension of time alteration or modification of the Contract Documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice
of any and all such changes, extensions of time, and alterations or modifications of the Contract
Documents and/or of the work to be performed thereunder
IN WITNESS WHEREOF we have hereunto set our hands and seals this
day of 2011
Contractor Name
Street Address
City State,Zip Code
PRINCIPAL
By
Company Representative
In accordance with the Contract for Rehabilitation of Six Sewers Transferred to CMSD all
bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to
any such surety in accordance with Code of Civil Procedure Section 995.660
By signing below Surety certifies that the bonds are issued by an admitted surety
Name
Street Address
City State,Zip Code
SURETY
By
Company Representative
APPROVED AS TO FORM:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary District
By /s/
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS the COSTA MESA SANITARY DISTRICT a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on , has
awarded to
CONTRACTOR
(NAME AND ADDRESS OF CONTRACTOR)
hereinafter designated as the 'Principal' Contract No CON-PROJECT 189 for the work described
as follows. Rehabilitation of Six Sewers Transferred to CMSD Said Contract and all of its
obligations covenants terms and conditions are fully incorporated herein by reference.
WHEREAS the said Principal is required under the terms of said Contract to furnish a bond
for the faithful performance of said Contract, including a one year guarantee of the work performed.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(NAME AND ADDRESS OF SURETY)
Duly authorized to transact business under the laws of the State of California, as Surety are held
and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of:XXX and 00/100 Dollars
($XXX,XXX.00), said sum being not less than one hundred (100%) percent of the Contract price for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by and well and truly keep and perform all the undertakings, terms, covenants, conditions and
agreements in the said Contract and any alteration thereof made as therein provided, on his or their
part, to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa
Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null
and void otherwise it shall be and remain in full force and virtue. This obligation covers a one year
guarantee on work performed after said work has been completed. The one year period shall
commence on the date the Notice of Completion has been recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and
reasonable attorneys fees as fixed by the court.
•
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.
And the said Surety for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time alteration or addition to the terms of the Contract
Documents or to the work.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
day of , 2011
Contractor Name
Street Address
City State,Zip Code
PRINCIPAL
By
Company Representative
In accordance with the Contract for Rehabilitation of Six Sewers Transferred to CMSD all
bonds shall be issued by an admitted surety insurer and the District reserves the right to object to
any such surety in accordance with Code of Civil Procedure Section 995.660
By signing below Surety certifies that the bonds are issued by an admitted surety
Name
Street Address
City State,Zip Code
SURETY
By
Company Representative
APPROVED AS TO FORM:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary District
By/s/