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Contract - Pacific Data - 2011-10-27 it"),ihNt R � I o f Nr, Costa Mesa Sanitary District II, ! a�PORA60� an Independent Special District October 27 2011 Board of Directors Robert Oaten Dan Cohee,Senior Project Manager James Ferryman Pacific Data Electric, Inc. Mike Scheafer 9970 Bell Ranch Drive, Suite 109 James Fitzpatrick Santa Fe Springs,CA 90670-2980 Arthur Perry Re: Letter Agreement for Car Charging Station Staff Dear Dan: Scott C. Carroll General Manager By signing this letter agreement you agree to perform the following work for the Costa Mesa Sanitary District: Joan Revak Office Manager 1. Furnish and install new 40 amp 208V circuit run in Rigid GRC Clerk of the District conduit from existing panel on CMSD Yard mezzanine to car charging station located in the North East corner of the parking lot. Robin B.Homers 2. Furnish and install one(1)EV2201-2-2 Quad simultaneous level 1 District Engineer and level 11 charging station. (949)631-1731 3. Core CMU wall and caulk as required. Alan R.Burns Compensation for the above services shall not exceed$7,585.81. Legal Counsel You agree that you have the license required to do this job or as requested Marcus D.Davis by the District and that License No is the following: C10-620473 Treasurer You understand that this job, if over $1,000 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 Phone on this job from the Director of Industrial Relations. You understand that (949)645-8400 you are required to pay prevailing wages and are required to maintain Fax prevailing wage records regarding those payments. You are also required 650-2253 to comply with the apprentice requirements. The District will enforce state penalties of$50 per day for failure to pay any worker in accordance with the prevailing wage law Address 628 W 19th Street Contractor recognizes that state law makes eight hours a day's work and Costa Mesa, CA any worker working in excess of that time must be paid overtime. (Labor 92627-2716 Code§ 1813) wooer nted on health Recycled Paper Protecting or cAinmmnitys alto alb the environment by prauiaing soliib waste and sewer collection services. www.crosbca.gov 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. By signing this agreement, contractor states: 'I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract. If this contract is for over$25,000,you must post a labor and materials bond on District's form. (Civil Code §§ 3247 3248) 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. (Public Contract 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. ublic 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 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 A 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. DISTRICT PACIFIC DATA ELECTRIC INC Approved by: Reviewed and Y• fled by: J -;- General Manager Signature Shelley Keltner Approved as to Form: Name CEO Title Harper&Burns LLP District Counsel October 28th, 2011 Date