Contract - EBS Utilities Adjusting Inc. - 2013-07-22 gA\ITq� Mesa Sanitary
o 7)0' ...an Independent Special District
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- '4PORAtO July 22, 2013
EBS Utilities Adjusting, Inc.
1320 East 6th Street, Suite 100
,. c Corona, California 92879
Re: Letter Agreement for Public Works Project: Raising/Repairs of Manholes
Board gDireaors Dear EBS Utilities Adjusting, Inc.:
f
<;. 'Arthur.ftips
By signing this letter agreement ("AGREEMENT") you (EBS Utilities Adjusting,
Robert Uoten Inc.) ("CONTRACTOR") agree to perform the following work for the Costa
e Rr Mesa Sanitary District (`'DISTRICT"): to raise manholes to grade and to repair
concrete collars for the total proposal price listed in Exhibit A. No additional
compensation will be permitted for extra work or delay in the absence of a written
change order approved and signed by the DISTRICT. The written change order
1 Carroll :;. requirement cannot be waived.
District
CONTRACTOR agrees that it has the license required to do this job or as
requested by the DISTRICT and that its License No is the following: A932798.
Robin
• District. < CONTRACTOR understands that this job, if over One Thousand Dollars
($1,000.00) in value and not exempt, requires compliance with the prevailing
°-i Burns wage law. (Lab. Code §§ 1720 et seq.) As such, the DISTRICT will ascertain the
/DistrietCounsel s prevailing wages to be paid on this job from the Director of Industrial Relations.
3 $ CONTRACTOR understands that it is required to pay prevailing wages and is
required to maintain prevailing wage records regarding those payments.
CONTRACTOR is also required to comply with the apprentice requirements.
Dtstnc-t--DIRgEkepqr The DISTRICT will enforce state penalties for failure to pay any worker in
accordance with the prevailing wage law.
CONTRACTOR recognizes that state law makes eight (8) hours a day's work and
www.crosdca.gov - any worker working in excess of that time must be paid overtime. (Lab. Code
P° d 1813.)
CONTRACTOR must have worker's compensation insurance, and by signing this
AGREEMENT, CONTRACTOR acknowledges this requirement in accordance
' - :,• k . �,; with Labor Code Section 1861. CONTRACTOR will provide a certificate of
insurance evidencing this coverage.
If this AGREEMENT is for over Twenty-Five Thousand Dollars ($25,000.00),
CONTRACTOR must post a labor and materials bond on DISTRICT's form.
(Civ. Code §§ 3247, 3248.
L-,c,OF.DIST,�
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D id Distinction--; 628W 1 9th Street / Costa Mesa,CA 92627-2716 • (949) 645-8400 / fax:(949) 650-2253
2009-200 Protecting our community's health and the environment by providing solid waste and sewer collection services
EBS Utilities Adjusting, Inc.
July 22, 2013
Page 2 of 3
CONTRACTOR agrees to provide the DISTRICT with notice of any hazardous materials
or subsurface or latent physical site conditions if encountered if this work involves
excavations deeper than four (4) feet. If this work exceeds Twenty-Five Thousand
Dollars ($25,000.00) and the excavations exceed five (5) feet, CONTRACTOR must
provide a detailed trenching plan. (Pub. Cont. Code § 7104; Lab. Code § 6705.)
If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) and progress
payments are made, DISTRICT is required to retain five percent (5%) of the
AGREEMENT until sixty (60) days after notice of completion is filed. (Pub. Cont. Code
§§ 7107, 9203.) Progress payments may be authorized if this job will take in excess of
thirty (30) days.
If CONTRACTOR bid for this job and was required to submit a subcontractor's list,
CONTRACTOR may only substitute one (1) of those bidders by complying with the
Subletting and Subcontracting Act. (See Pub. Cont. Code §§ 4100 et seq.)
CONTRACTOR shall be required to maintain insurance policies as provided in Exhibit
B.
CONTRACTOR shall indemnify, defend, and hold the DISTRICT harmless from any
and all claims or litigation or loss arising out of the work performed pursuant to this
AGREEMENT save and except that caused by DISTRICT's sole or active negligence.
If CONTRACTOR submitted a bid, CONTRACTOR declares by signing this
AGREEMENT that CONTRACTOR did not collude to obtain this job. (Pub. Cont. Code
§ 7106.)
CONTRACTOR agrees that all work will be performed in a workmanlike manner and
guarantees such work for a one (1) year period. Said one (1) year period shall commence
upon the filing of a notice of completion.
No work shall be performed until all insurance and bonds are on file and this
AGREEMENT has been properly executed. No work shall be performed until a "Notice
to Proceed" is given by DISTRICT.
DISTRICT reserves the right to terminate this AGREEMENT upon giving you ten (10)
days notice. CONTRACTOR will be entitled to payment for work performed up until the
notice of termination unless CONTRACTOR was in default in its performance.
In the event of a conflict between the terms of this AGREEMENT and the terms of any
attachment or exhibits hereto, this AGREEMENT shall control in all respects.
If CONTRACTOR agrees with the above, please sign below.
[Signatures on Next Page]
EBS Utilities Adjusting,Inc.
July 22,2013
Page 3 of 3
DISTRICT CONTRACTOR
Approved by: Reviewed and Accepted by:
General Manager Signature
Approved as to Form: Name
Title
Associate District Counsel
(a
- (b
Date
EBS
))7-1 n-13PQ% : 18 RC,!D
Utilities Adjusting, Inc.
General Engineering Contractor - Lic. No, A932798
1320 East 6th St. Suite 100 Phone: (951)279-6869
Corona,CA 92879 FAX: (951)279-9112
PROPOSAL & CONTRACT
To:Steve Cano •
Costa Mesa Sanitary District Date: 7/16/2013
From: Art BaUin
Costa Mesa,CA Quote No. 11288
Phone 9495487508 Fax 9495151514
We propose to furnish you labor and material in strict accordance with the plans and specifications as follows:
Various Locations
City of Costa Mesa
PROPOSAL SUMMARY
Schedule 1-Single Adjust 2,100.00
Schedule 2- Night Work-Caltrans 3,500.00
Schedule 3- R&R Manhole Ring&Cove 350.00
Schedule 4-Single Adjust 550.00
Schedule 5-R& R Concrete Collars 3,500.00
Total Proposal Price 10,000.00
Item No. Description Quantity UIM UnitPrice Total Price
1 1 Adjust Sewer&Storm Drain Manholes To 7:0 EA 300.000 2,100.00
Grade
2,100.00
2 1 Adjust Sewer Manholes To Grade(19Th St& 2.0 EA 1,750.000 3,500.00
Newport Blvd. -Caftans Right Of Way)
3,500.00
3 1 Remove&Replace Manhole Ring&Cover& 1.0 EA 350.000 350.00
Adjust To Grade( New Manhole Ring &Cover
Supplied By CMSD)
350.00
4 1 Adjust Sewer Cleanouts To Grade 2.0 EA 275.000 550.00
(Continued on next page)
Date: Accepted by:
Page 1 of 2
Proposal (cont'd)
550.00
5 1 Remove& Replace Concrete Collars On 5.0 EA 700.000 3,500.00
Sewer Manholes
3,500.00
•
Total Proposal Price: $10,000.00
Special Conditions:
1 . Sch. 1,3,4 &5-Price based upon hours of work(7:00am-4:30pm) &includes traffic control.
2. Sch. 2-Price based upon Night.Work, excludes traffic control, encroachment permits or traffic plans.
3. Sch. 1 thru Sch. 5-Price based upon a max 2"AC resurface section.
4. Price excludes installing T-Lock lining or coating inside of manholes( unless specified).
5. Price excludes cleaning any utility covers.
6. Price based upon adjusting existing manhole ring&cover to grade(Unless specified).
7. Price based upon Single Adjust(1)move.Additional move will be charged at$3500 per move.
Date: Accepted by:
Page 2 of 2
Exhibit B
COSTA MESA SANITARY DISTRICT
INSURANCE REQUIREMENT
CONTRACTOR shall provide proof of insurance of at least One Million Dollars
($1,000,000.00) for commercial general liability, with underground coverage, and am
automotive coverage.
The commercial general liability coverage shall name the DISTRICT and its officers,
agents, and employees as additional insureds, and DISTRICT reserves the right to require an
endorsement naming DISTRICT as an additional insured.
Such coverage must provide that it is not to be cancelled except upon thirty(30) days notice
to DISTRICT. DISTRICT also reserves the right to require that the insurance company
providing the commercial general liability policy has a Best Key Guide rating of at least A-
:VII and is an admitted carrier in the State of California.