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Contract - Manhole - 2014-01-07Costa Mesa Sanitary District ...an Independent Special District January 7, 2014 Manhole Adjusting, Inc. 9500 Beverly Road Pico Rivera, California 90660 -2135 Re: Letter Agreement for Raising Manholes to Grade for OC Public Works Project Dear Contractor: By signing this letter agreement you (Manhole Adjusting, Inc.) ( "Contractor ") agree to provide the service for Costa Mesa Sanitary District ( "District ") with raising 26 manholes at a cost of $11,570.00. 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 requirement cannot be waived. You agree that you have the license required to do this job or as requested by the District and that your license number is 398443. You understand that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code $$ 1720 et seq.) As such, the District will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. You understand that you are required to pay prevailing wages and are required to maintain prevailing wage records regarding those payments. You are also required to comply with the apprentice requirements. 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 any worker working in excess of that time must be paid overtime. (Labor Code § 1813.) You must have workers compensation insurance, and by signing this letter agreement you acknowledge this requirement in accordance with Labor Code § 1861. You will provide a certificate of insurance evidencing this coverage. If this letter agreement is over Twenty -Five Thousand Dollars ($25,000.00), you must post a labor and materials bond on District's form. (Civil Code §§ 3247, 3248). 628 W. 19th Street / Costa Mesa, CA 92627 -2716 • (949) 645 -8400 / fax: (949) 650 -2253 Protecting our community's health and the environment by providing solid waste and sewer collection services You agree 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, you must provide a detailed trenching plan. (Public Contract Code § 7104; Labor 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. Public Contract Code § 9203, § 7107.) Progress payments may be authorized if this job will take in excess of thirty (30) days. If you bid for this job and were required to submit a subcontractors list, you may only substitute one (1) of those bidders by complying with the Subletting and Subcontracting Fair Practices Act. (,See Public Contract 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 letter agreement, save and except that caused by District's sole or active negligence. If you submitted a bid, you declare by signing this letter agreement that you did not collude to obtain this job, (Public Contract Code §7106.) You agree that all work will be performed in a workmanlike manner and guarantee 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 letter agreement has been properly executed. No work shall be performed until a "Notice to Proceed" is given by CMSD. CMSD reserves the right to terminate this letter agreement upon giving you ten (10) days notice. You will be entitled to payment for work performed up until the notice of termination unless you were in default in your performance. In the event of a conflict between the terms of this letter agreement and the terms of any attachment or exhibits hereto, this letter agreement shall control in all respects. If you agree with the above, please sign below. COSTA MESA MANHOLE ADJUSTING, INC. SANITARY DISTRICT r General Manage �AfZj 4 40" APPROVED AS TO FORM: District Counsel President Title 8/� MANHOLE ADJUSTING INC [( p I 9500 BEVERLY ROAD 1 ; \� (' J PICO RIVERA, CA 90660 -2135 BID PROPOSAL Date: 11/6/2013 RAISE JOG RADE 26 MANHOLES AT SANTA ANA AVE, Project: IRVINE AVE, & WILLOW Owner: COSTA MESA SANITARY DISTRICT FROM: ABEL RUIZ UTILITY ADJUSTING DIVISION (323) 5558 800.^,, -AX (323) 5588055 General En&ccong Lic 398443 1.X:,Ai S: at TO: Ms. Dyana Wick COMPANY: Costa Mesa Sanit.District FACSIMILE: dwlckycrosgno_ BID DATE:_ 11/6/2013 BID TIME: 10:OOAM ITEM DESCRIPTION Qty Max Depth(s) Unit Price UNIT TOTALS N/A A just 24 diameter Manho e EXCLUDES FRAME & COVER) - c/o Santa Ana 5td 1201 Or City Of Costa Mesa Std 815 26 3 "AC S 445.00 $ 11,570.00 ADD C/o IRVINE or C/o Santa Ana OR OC: TRAFFIC CONTROL PLAN, ENCROACHMENT PERMIT, TCP CHECK, & INSPECTION 1 L.S. $ 8,000.00 IF WE GET PERMITS ADD POSTING "NO PARKING" SIGNS 1 L.S. $ 1,000.00 IF WE PERFORM CONSIDERATIONS: WORK HOURS: g:ODAM TO 4:30PM, MONDAY TO FRIDAY. OUR ADJUSTING MANHOLE UNIT PRICE EXCLUDES: Notifications, Posting "No parking" Signs, Flagging, Detours, AC sawcutting, PCC sawcutting, PCC center gutter around manhole, Precast Concrete Cone adjustment, any Customed made pre -cast concrete section. DDI/`CC QACen t rn�u www BID TOTAL: $ 11,570.00 WP aJ J ur"\JJY MANHOLE ADjUS l ING INC'S SCHEDULE "A" I- f you do not have a copy of our Schedule A, let us know, and we will fax it. We measure maximum depth(s) from top of finish grade to bottom of frame & cover or steel plate, except when It is only 2" to 3" overlay, MANHOLE PRICES EXCLUDE ANY LINING APPLICATION UNLESS NOTED. RAISED PRICES BASED UPON DELIVERY OF MATCHED FRAME &COVER BY PRIME CONTRACTOR TO PROJECT SITE AND PICKUP OF PLATES BY PRIME CONTRACTOR AT JOB SITE, IF MANHOLES WERE LOWERED BY OTHERS. PRICES BASED UPON ONE (1) MOVE IN. MINIMUM OF THIRTY (30) -DAY NOTICE IS REQUIRED IN ORDER TO SCHEDULE OUR WORK. Please contact us if there is any transmission problem at (323) 558 -8000. Approved by: Name & Signature Date Company Name Y: \VAV10H \a',DS\ 2013 \C:VSp. 26- NI._IRVPr1:- SA.):C613 o,oposol pYmted or: I V6/70:3 _B ll AV. MANHADJ -01 SRAMIREZ , NI CERTIFICATE OF LIABILITY INSURANCE �� DATE (MMIDOIYYYY) 112/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Busby -Stone Insurance Services, Inc. 9201 Camino Media Suite 250 P.O.Box 22620 Bakersfield, CA 93311 NAME, Susana Ramirez PHONE FAx A(C Na EA),(661) 665 -9150 N Np: (661) 665 -9192 Eooliess: SraM!reZ@busbystone.com INSURER(S) AFFORDING COVERAGE NAIC It INSURERA: National Union Fire Insurance Company of Pittsburgh INSURED INSURER B:Granite .State Insurance Company S 1,000,00 INSURER C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR Manhole Adjusting Inc. INSURER D: GL4522617 9500 Beverly Road Pico Rivera, CA 90660 -2135 INSURER E: S 300,00 INSURER F S 5,00 PERSONAL BADV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMDD/YYYY MMDDYIV YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X X GL4522617 04/3012013 04/3012014 PREMISES (Ea omirrence S 300,00 M ED EXP(Any one person) S 5,00 PERSONAL BADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY X PRO 1XI LOC JECT $ AUTOMOBILE LIABILITY KM BINcid ED SINGLE LIMIT Ea ac ent $ 1,000,00 X BODILY INJURY (Per person) $ B ANY AUTO CA3275162 04/3012013 04/30/2014 ALL OWNED SCHEDULED AUTOS AUTOS BODILY NJURY(Per accident) $ HIRED AUTOS A�TOSWNED -PROPERTY E CCIDENTAGE $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORK ERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWARTNEWEXECUTIVEY/N OFFICER/MEMBER EXCLUDED? ❑ NIA X 0046250420 04/30/2013 0413012014 X VvC STATU- OTH- T RY LIMIT E.L. EACH ACCIDENT $ 1,000,000 E.L. D)SEASE -EA EMPLOYEE $ 1,000,00 (Mandatory in NH) U yes. dascdbe under DEBCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space is required) Job No. MP14 -13937 - Raise to Grade twenty six (26) Manholes on Santa Ana Ave. B. Irivne Avenue within the City of Costa Mesa The City of Costa Mesa and Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers are listed as additional insured as required per written contract per attached form. Waiver of suborgation applies as required per written contract per attached forms. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. \�\\� AUTHORIZED REPRESENTATIVE Costa Mesa Sanitary District 628 W. 19th Street 6a+� Costa Mesa_ CA 92627 -2716 ACORD 25 (2010/05) CC) The ACORD name and logo are registered marks of ACORD All nnhte rnannmA POLICY NUMBER: 4522617 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required per written contract the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 ENDORSEMENT This endorsement, effective 12:01 A.M. 4/30/2013 - 04/30/2014 forms a part of policy No. 4522617 issued to Manhole Adjusting Inc. by Narl Union Fire Ins Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM �7101:I;l allillill? NAME OF PERSON OR ORGANIZATION: The City of Costa Mesa and Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. 97838 (4/08) Includes copyrighted material of Page 1 of 1 Ihsurance Services Office, Inc., with its permission. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 04/30/2013 — 04/30/2014 12:01 AM forms a part of Policy No. 048250420 Issued to Manhole Adjusting Inc. By Nat? Union Fire Ins Co We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11 -90)