Contract - JIMNI - 2006-01-19 • •
AGREEMENT FOR EMERGENCY SERVICES
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This Agreement for Emergency Services is made and entered into this I day of
32/A/L14E ' 2006 by and between the Costa Mesa Sanitary District (hereinafter
"District") and JIDINI SYSTEMS INC (hereinafter "Contractor") SUBJECT TO
FURTHER DISCUSSIONS.
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 engineer to have such emergency work
performed without bidding; and
Whereas, pursuant to Public Contract Code Section 22050 the Board of
Directors of the District has, by a four fifths vote, delegated such authority to the
District Manager/Engineer; and
Whereas, to constitute such an emergency the District Manager/Engineer must
determine that immediate action is required to safeguard life, health or property and
may thereafter procure necessary supplies, equipment and services and repair hr 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.
2. Authorization. Contractor agrees that it will perform such services as the
District Manager/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. Contractor shall charge District for such services on a time and
materials basis in accordance with the rate sheet attached hereto Contractor may
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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 performed under
emergency conditions.
6. Prevailing Wage Rates. SUBJECT TO FURTHER DISCUSSIONS.
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. SUBJECT TO FURTHER DISCUSSIONS. 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 journeyman, apprentice of worker employed by him in connection with the public
work. The Contractor's and Subcontractors 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 Contractor shall, as a penalty to the District, forfeit up to $25.00 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 Legal Day's Work. In performance of this Contract, not more than eight (8)
hours shall constitute a days work, and the Contractor shall not require more than eight
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(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 one week in violation of said article. Exceptions to this requirement
are allowed for emergency work only above and beyond the eight (8) hours work
day
10 Indemmfication. Contractor agrees to indemnify defend and hold District
harmless from any and all liability that may arise from the work performed pursuant to
this contract except for that caused by District's active negligence.
11 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 wntten
notice to District:
Commercial General Liability Insurance (primary) shall be provided on ISO-
CGL for No CG 00 01 11 85 or 88. Policy limits shall be no less than one
million dollars per occurrence for all coverages and two million dollars general
aggregate. District and its employees and agents shall be added as additional
insureds using ISO form CG 20 10 11 85 (in no event with an edition date later
than 1990) Coverage shall apply on a primary non-contributing basis in relation
to any other insurance or self-insurance, primary or excess, available to District
or any employee or agent of District. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation endorsement. There shall be no endorsement
or modification limning the scope of coverage for liability arising from,
explosion, collapse, underground property damage.
Business Auto Coverage shall be written on ISO Business Auto Coverage
form CA 00 01 06 92 including symbol 1 (Any Auto) Limits shall be no less that
one million dollars per accident.
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SUBJECT TO FURTHER DISCUSSIONS. 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 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 " k.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
ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide thirty
(30) days notice of any cancellation of coverage. Contractor agrees to require its insurer
to modify such certificates 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.
12. Safety Contractor shall observe all safety procedures when performing said
lob, including but not limited to those set forth m 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
1 The Work Area Traffic Control Handbook (W ETCH)
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 (CAL/OSHA)
5 The General Industry Safety Orders (CAL/OSHA)
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6. Standard Specifications for Public Works Construction (The Green Book)
13 Permits. SUBJECT TO FURTHER DISCUSSIONS, Contractor shall
comply with all permit requirements of all government entities and shall obtain
appropnate permits when necessary
14 Term. This agreement shall have an indefinite term and may be canceled by
the giving of ten (10) days written notice by either party Failure by the Contractor to
keep its insurance current and on file with the District shall also cause this Agreement
to terminate. a
Dated this / 7 day of alUlfa 2006
COSTA MESA SANITARY DISTRICT
PRESIDENT
SECRETARY
APPROVED AS TO FORM
By
General Counsel
APPROVED AS TO CONTENT
By /t`1
District Manager/Engineer
CONTRACTOR
f RESIDENT
JIMNI SYSTEMS INC
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