Contract - California Barricade - 2011-03-04 •
AGREEMENT FOR EMERGENCY SERVICES
This Agreement is made and entered into this 4th day of March 2011, by and
between the Costa Mesa Sanitary District, a sanitary district, (hereinafter "District") and
California Barricade, Inc., a California Corporation, (hereinafter"Contractor").
Recitals
WHEREAS, District has the need for certain emergency work from time to time
that cannot be competitively bid due to exigent circumstances; and
WHEREAS, Contractor is qualified to do such work and desires to perform said
tasks; and
WHEREAS, Public Contract Code Section 20806 authorizes the District to
dispense with competitive bidding when there is an emergency and authorizes the
District to delegate the authority to its General Manager to have such emergency work
performed without bidding; and
WHEREAS, pursuant to Public Contract Code Section 22050, the Board of
Districts of the District has, by a four-fifths vote, delegated such authority to the General
Manager; and
WHEREAS, to constitute such an emergency, the General Manager must
determine that immediate action is required to safeguard life, health or property, and
may thereafter procure necessary supplies, equipment and services and repair or
replace a public facility to abate that emergency condition;
NOW, THEREFORE the parties hereto do hereby agree as follows:
1. LICENSE
Contractor represents that it possesses the following licenses: License No.
785733-C31.
2. AUTHORIZATION
Contractor agrees that it will perform such services as the General Manager or
District Engineer shall direct, if it is willing and capable at the time to perform the tasks
requested. Telephone authorization shall be sufficient to direct the work.
3. RATES
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Contractor shall charge District for such services on a time and materials basis in
accordance with the rate sheet attached hereto. Contractor may change its rates
provided it has given District a revised rate sheet at least two weeks before being
contacted to perform any emergency work tasks.
4. INVOICES
Contractor shall keep adequate records of hours and equipment on the job and
materials used and provide a detailed invoice within thirty (30) days of performing the
services.
5. WORK QUALITY
Contractor agrees to use its best efforts to perform such work in a workmanlike
manner, considering that such work is being performance under emergency conditions.
6. 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 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. 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. Contractor agrees to comply with state
prevailing case laws.
7. PAYROLL RECORDS
The provisions of Section 1776 of the Labor Code of 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 journeyman, apprentice of worker employed by him in connection with the
public work. The contractor's and subcontractor's payroll records shall be available for
inspection at all reasonable hours, and a copy shall be made available as permitted or
required by the code.
8. PENALTY
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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.
9. APPRENTICES
If applicable, the provisions of Labor Code Section 1777.5 requiring the use of
apprentices in certain ratios to journeymen on the project are hereby imposed upon
Contractor.
10. LEGAL DAY'S WORK
In 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 employed by him hereunder except as provided in Section 11
above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of
the Labor 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 week in violation of said article.
11. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold District harmless form any and
all liability that may arise from the work performed pursuant to this Contract except for
that caused by District's active negligence.
12. INSURANCE
Contractor shall maintain in effect during the term of this Contract the following
insurance coverages which shall name District as an additional insured in an
endorsement that cannot be canceled except upon thirty (30) days written notice to
District:
Commercial General Liability Insurance (primary) shall be provided on
District-approved endorsement forms. Policy limits shall be no less than
one million dollars ($1,000,000.00) per occurrence for all coverages and
two million dollars ($2,000,000.00) general aggregate. District and its
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employees and agents shall be added as additional insureds using a
District-approved endorsement form. 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. Coverage shall contain no
contractors' limitation endorsement. There shall be no endorsement or
modification limiting the scope of coverage for liability arising from
pollution, explosion, collapse, underground property damage or
employment-related practices.
Business Auto Coverage shall be written on a District-approved
endorsement form including symbol 1 (Any Auto). Limits shall be no less
than one million dollars ($1,000,000.00) per accident.
Workers' Compensation/Employer's Liability shall provide workers'
compensation statutory benefits as required by law. Employer's liability
limits shall be no less than one million dollars ($1,000,000.00) per
accident or disease. Unless otherwise agreed, this policy shall be
endorsed to waive any right of subrogation as respects with the District, its
employees or agents.
Unless otherwise approved by the 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.
Contractor agrees to provide evidence of the insurance required herein,
satisfactory to the District, consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to Contractor's general
liability using District-approved endorsement forms. Certificate(s) are to reflect that the
insurer will provide thirty (30) days notice of any cancellation of coverage. Contractor
agrees to require its insurer to modify such certificates 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 certified copies of policies to District within ten
(10) days of District's request for said copies.
13. SAFETY
Contractor shall observe all safety procedures when performing said job,
including, but not limited to, those set forth in Labor Code Section 6705 pertaining to
trenching, those provided by CAL-OSHA and those set forth in the most recent editions
of CAL-TRANS manuals pertaining to traffic control and the use of warning devices for
highway work. Such standards shall include the following:
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1. The Work Area Traffic Control Handbook (WATCH).
2. The Manual of Warning Signs, Lights and Devices for Use in
Performance of Work Upon Highways.
3. State Labor Code Sections 6704, 6706 and 6707.
4. The Construction Safety Orders (CAUOSHA).
5. The General Industry Safety Orders (CAUOSHA).
6. Standard Specifications for Public Works Construction (The Green
Book).
14. PERMITS
Contractor shall comply with all permit requirements of all government entities
and shall obtain appropriate permits when necessary.
15. BUSINESS LICENSE
Should Contractor perform any work in a calendar year for District, it shall obtain
a City of Costa Mesa business license.
16. TERM
This Contract shall have an indefinite term and may be canceled by the giving of
ten (10) days written notice. Failure by the Contractor to keep its insurance current and
on file with the District shall also cause this Contract to terminate.
17. AS-BUILTS
Contractor shall provide District with as-built drawings if requested for repairs or
photographs/video as requested by District Engineer. All records of the repair shall be
provided to District.
18. NO ASSIGNMENT
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This Contract may not be assigned without the consent of the District.
19. ENTIRE AGREEMENT
This Contract represents the entire agreement of the parties and shall not be
amended except by written amendment signed by persons with the legal authority to
bind the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed this day and year-first above written.
COSTA MESA SANITARY DISTRICT CALIFORNIA BARRI ADE, INC.
a/
General Manager ignature
ATTEST: MARK HURST
�•_ Typed Name
1 /. � a
Distri Clerk PRESIDENT
- Title
APPRQ b•AS oSFORM:
District Counsel
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