Contract - Kilbride - 2010-10-13 (2) ianntr�Sy iG e P r o°v�°'l,: ////''``�y (\1�,///�� PP/.(`�'/p� 'fol)///'��'j�All1 ///��''�///'�'�/�tI '(\l 1 1( men! Costa Mesa Sanitary taI -" District
an InbepencOent Special District
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October 13 2010
Board of Directors
Arlen) Schafer Mike Kilbride. Ltd.
Robert Oaten Attention: Dennis Ruiz
GtuvMonahan P O. Box 3341
Arthur Perry Newport Beach, CA 92659-8341
James Fern'mmn
Re: Letter Agreement for Public Works Project- Sewer Repair at 1059
Westward Way Costa Mesa
Staff
Scott C Carroll Dear Dennis.
General Manager
By signing this letter agreement you agree to perform the following work for the
Robin B. Hamer Costa Mesa Sanitary District: Replace and repair damaged pipe at 1059 Westward
District Engineer Way Costa Mesa.
(949) 631 1731
Compensation for the above services shall not exceed unless expressly agreed in
Joan Revak writing in advance by the District, $5,750.00 The above services shall be
ON Manager completed within 5 working days after receiving a `Notice to Proceed' from the
Clerk!line District
District.
clan R. Thuits You agree that you have the license required to do this job or as requested by the
Legal Counsel District and that License No is the following: A and 'C 10' 738400
Marcus D Davis You understand that this job. if over $1,000 in value and not exempt, requires
Treasurer compliance with the prevailing wage law (Labor Code § 1720 et. seq. and
California Code of Regulations, Title 8, Section 1600 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
Phone prevailing wages and are required to maintain prevailing wage records regarding
(949) 645-8400
Fax those payments. You are also required to comply with the apprentice
(949) 650_175 requirements. The District will enforce state penalties of $50 per day for failure
to pay any worker in accordance with the prevailing wage law
Contractor recognizes that state law makes eight hours a day's work and any
Address worker working in excess of that time must be paid overtime. (Labor Code §
62811 19th Street 1813)
Costa Mesa. CA
92627 2'16
You must have workers compensation insurance and by signing this contract you
acknowledge this requirement in accordance with Labor Code § 1861 You will
provide a certificate of insurance evidencing this coverage.
Pa 0,t „e,t Protecting ow community's beat*and tbbe environment by providing solid waste and sewer wffeCtion services.
Reacted Pat' www.crosbca.gov
Mike Kilbride, Ltd.
1059 Westward Way Sewer Improvements
Page 2 of 4
If this contract is for over$25,000, you must post a labor and materials bond on District s
form. (Civil Code §§ 3247 3248)
The District acknowledges that if it provides you with locations of underground
pipelines, and we are incorrect and those utilities must be relocated, the District will pay
for those relocation costs in accordance with statutory requirements. (Government Code §
4215)
You agree to provide the District with notice of any hazardous materials, subsurface or
latent physical site conditions if encountered if this work involves excavations deeper
than 4 feet. If this work exceeds $25,000 and the excavations exceed 5 feet, you must
provide a detailed trenching plan. (Penal Code § 7104 Labor Code § 6705)
If this contract is for at least $5,000 and progress payments are made, District is required
to retain 5% of the contract until 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 30 days.
If you bid for this job and were required to submit a subcontractor s list, you may only
substitute one of those bidders by complying with that Act. (See Public Contract Code §
4100 et. seq.)
Contractor shall be required to maintain insurance policies as provided in Exhibit_
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 contract save and
except that caused by District's sole or active negligence.
If you submitted a bid, you declare by signing this contract 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 year period.
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 District.
District reserves the right to terminate this contract upon giving you 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.
If you agree with the above, please sign below
Mike Kilbride Ltd.
1059 Westward Way Sewer Improvements
Page 3 of 4
DISTRICT CONTRACTOR
Approved by Reviewed and Accepted by
PLAM
General Manager Signatur
0,i l 5 ICU i Z
Name
A2oj'z' P-1 Port t-t'C
Approved to Form: Title
e
Harper& Burns LLP
District Counsel /01/
Date (J
Mike Kilbride, Ltd.
1059 Westward Way Sewer Improvements
Page 4 of 4
EXHIBIT A
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
any automotive coverage.
The commercial general liability coverage shall name the District and its officers,
agents and employees as additional insureds and District reserve the rig ht 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.