Contact - BEC Bowls - South Coast Plaza - 2011-02-17 p W1174e
Si"AU
•rngF(IRAC� Costa .Mesa Sanitary District
February 17 2011
Mr James Slaughter III
BEC Bowls, Incorporated
333 East Stuart Avenue, Suite B1
Redlands, CA 92374
Re: Letter Agreement for Public Works Project; Replacement of Discharge
Bases, Installing New Pumps, Installing New Piping at South Coast Plaza
Pumping Station
Dear Mr Slaughter
By signing this letter agreement you agree to perform the following work for the Costa
Mesa Sanitary District. install construction fencing with green screening at work site;
provide and install bypass pump and bypass pumping station flows during work, remove
existing pumps and discharge bases, install new District-supplied discharge bases and
District-supplied pumps, provide and install new stainless steel discharge piping from
discharge bases to back of check valves in valve vault; re-plumb air release discharge line
to wet well; and restoration of site conditions as appropriate at a lump sum cost of
$21,940 00 in accordance with your proposal dated December 2, 2010 at South Coast
Plaza Pumping Station at south parking structure, South Coast Plaza, 3333 Bristol Street,
Costa Mesa, California. No extra work or additional compensation is permitted without a
written change order signed by the District.
You agree that you have the license required to do this job or as requested by the District
and that License No is the following: A and `C-42; 761363
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. and California Code of
Regulations, Title H, 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 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 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 days work and any worker
working in excess of that time must be paid overtime. (Labor Code § I R 1 i)
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.
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 will to
retain 10% 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. (Sec Public Contract Code §
4100 et. seq.)
Contractor shall be required to maintain GCL insurance policies of at least $500,000
District shall be named as an additional insured.
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 any proportionate share 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. Said one year period shall commence on the date of filing of
the 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 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
In the event of a conflict between this agreement and any other document, this agreement
shall control in all respects.
If you agree with the above, please sign below
DISTRICT CONTRACTOR
Approved by• Reviewed and Accepted by•
mCar k.e �/ / i � 5
General Manager S' nature
/17//657 -Cif 616702,_Zt
Name
ego \ Pecs/ ve,0
Approved to Form: Title
Harper& Burns LLP
District Counsel
�/A !(
Date
3cc 3OWL3 ineORPORA`ED
general engineering contractor
Fax
To Robin B. Hamers From: LARRY BOWLS
Tel: 949-548-1192 Date: 12/2/2010
Fax: 949-548-6516 Pages: I of 4
Re: S. C Plaza Pump Station#16 CC FILE
❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
PROPOSAL FOR
PUMP REPLACMENT AT SOUTH COAST
PLAZA PUMP STATION NO. 16
• If you did not receive all pages, please call (909) 335-6100
333 EAST STUART AVE. SUITE"81 REDLANDS,CA 92374 909.335.6100(FAX 909.335.6385) LICENSE 761363
Page 1 of 4
Se silo Withmt Inflation(acdse) ❑S,Constant s
BEC Bows,Inc PROPOSAL FOR S.C.PLAZA PS# 16 PUMP Report# FS-01
ProJEst REPLACEMENT
Client No 2010.27 Name Start Date
Internal No. RBH&Associates Description South Coast Rma Pump Statism#16 Fad Date
Modidatdoos
Notes
Labo r Rate PREVAILING WAGES INCLUDED
INCLUDES$1.25/HR RATELNCREASE
EFFEC TIVE 2010.07.01 2011.0630
The taxes are eluded. thcsumtwy
Number I Description I Bid Qumdty I Bid Unit
101 DEMO PREPARATION AND RE-ROUTE NR VALVE VENT PIPING TO WET 1.00 LS
WELL
102 RE-INSTALL NEW 6'316 SSTL DISCHARGE PIPING 1.00 LS
103 MOTOR CABLE INSTALLATIONS AND RE-CONNECTIONS 1.00 LS
Sob foul
$21,940.00
Ta 1 $0.00
Sub tolal with bas 1 S21940.06
Ta 2 S0.00
Grand bbl $21,440.00
Printadb/ Bowls.Larry Estimate Bouis Laity
Page 2 014
12/2 2010 124751 PM
3EC 30■VL3 ifCORPO acew
general engineering contractor
Clarifications/Qualifications
1 The items listed in this proposal and listed exclusions herein,fully descnbe the scope of work included this
proposal. No assumptions shall be made that all work is excluded.
2 The station owner is understood to be furnishing at the jobsite,new pumps and pump bases.
3. BEC Bowls assumes that new pump bases are interchangeable with existing pump bases and that existing anchor
bolts,guide pipes,brackets and hardware are re-usable. BEC Bowls will provide alternate anchoring methods if
required at agreed to pricing.
4. Unit prices are for information only,and do not constitute the price to be used for additions or deletions unless
specifically agreed to ��p t 1
5. Cost of Bonds will be furnished at current rates if required.
6. TERMS OF PAYMENT 100%of contract amount less 10%retention at completion of the work. Retention is due
'iMa- PIA•C< o canQ\G F- •on i TCAfjj u..41.x Co aim Acca 4
Proposal Notes & Clarifications: aim
1. This proposal document, including Proposal Notes&Clarifications'and"Terms&Conditions, rs to be included as
pail of the contract documents.
2. Proposal includes"Terms&Conditions"attached.
3. Proposal includes addendum(s)[undefined)
4. Proposal is based on quantities as shown on provided bid plans(noted above)and is subject to field measure
5. It is assumed the provided bid plans include complete and accurate information concerning the location of existing
utilities including correct invert elevations. My unknown utility conflicts discovered during construction that impact
proposal pricing is considered an extra cost and will be quantified as needed.
6. Proposal pncing is based on full access to all work areas. Inefficiencies caused by interfering trades or other delays
are considered extra costs and will be quantified upon occurrence.
7 One(1)mobilization is included in this proposal. Additional mobilizations are$950 00 each.
8. Pot holing of existing utilities prior to the start of construction is not included in this proposal.
9. Saw cutting to a maximum depth of 6"is included in this proposal. Additional cutting depth is extra.
10. Traffic control is included in this proposal. A traffic control plan, if required,shall be quoted as needed.
11. No allowance is included for demo or reconstruction of traffic signal systems.
12. Offsite hauling is not included in this proposal. Excess trench spoils will be spread adjacent to trench. A.C.
pavement and concrete removals will be stockpiled on owner's property.
13 Permanent AC.paving repair is not included in this proposal.
14. Temporary A.C.paving repair will be maintained for thirty days.Continued maintenance will be quoted as needed.
15 Water meters are to be furnished and installed by the water district.
16. Tamper switches for detector check and post indicator valves are to be furnished by others.
17 Restoration of existing landscaping and irrigation removed for construction purposes is by others.
18. Hard rock. decomposed granite, sand stone or other matenal encountered in the process of construction, which
cannot be removed by ordinary means or trenching machines, at typical production rates, said material will be
removed on a cost plus basis
19 Screened native soil, class II base, or concrete sand slurry, if required for trench backfill, shall be quoted as
needed.
20 "Underground Service Alert (USA)"will be notified forty-eight hours in advance of start of construction to mark all
known utilities. Our firm assumes no liability for damage done to any unknown or unmarked utilities
21. All proposal pricing is based on work being completed dunng normal daytime working hours defined as eight-hour
non-overtime shifts.
333 EAST STUART AVE. SUITE"BI" REDLANDS,CA 92374 909.335.6100(FAX 909.335.6385) LICENSE 761363
Page 3 of 4
3E( 3OWD inCO3?ORACED
general engineering contractor
Terms & Conditions
THE UNDERSIGNED ACCEPTS THE PROPOSAL HEREOF AND THE FOLLOWING TERMS:
1. This proposal excludes: permits, inspection and connection fees, construction water, compaction testing.
engineenng or staking.
2. When engineering,transportation and/or excavation is furnished by the buyer, it is agreed that undersigned will do
same in accordance with the directions of seller and undersigned agrees to pay additional cost of work. if any, due
to failure to transport and/or excavate in accord with such directions.
3. Delays caused by the undersigned's failure to cooperate or by strikes,lockouts,acts of God or public enemies shall
extend time of completion. Working days exclude Sundays,holidays and rainy days
4. Quantifies and weights shown are estimates only. Any increase or decrease in quantities,and for materials actually 1
delivered and,or installed,will be paid for by unit price per bid item. 4 on* 33en C)'a4Lt" orola. p ('C9(."(NILO
5 Hard rock, decomposed granite, sand stone or other material encountered in the process of construction, which
C4> cannot be removed by ordinary means or trenching machines, at typical production rates, said material will be
removed on a cost pkte basis.
6. If payments are to be made in installments, failure to pay an installment when due shall authorize seller to
discontinue the furnishing of other work or materials until paid, and at seller's option to declare the entire balance
immediately due and owing.
8 This proposal is good for 30 days; if not accepted within said period seller reserves the right to withdraw said
proposal with or without notice to buyer. If buyer delays start of construction over sixty days after signing contract,
seller may have right to increase contract price to cover any material or labor increases, or in the alternative to
cancel said contract.
9 The signer hereof warrants that he is the owner in fee and/or the authorized agent of the owner in fee of the
property upon which the said materials are to be installed.
10. Unless otherwise agreed upon in writing,the obligation for the removal and protection of all trees,shrub,and plants
in the vicinity of the working area shall rest upon purchaser.
11. No liability shall accrue for damage caused or resulting from undisclosed conditions such as hidden pipes,conduit,
and the like, which are not visible from a reasonable site inspection of the surface and not otherwise shown on
working drawings or plans made available for bid purposes.
12. Seller warrants all products against defects of material and workmanship.
13 The raising of sewer manhole frames and covers, and water valve boxes to finish grade after the placement of
permanent paving IS NOT included unless unit pricing for this work has been stated in this proposal. It is further
agreed that this is optional work and shall not be the basis for withholding retention.
14 Work shall be deemed accepted
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Buyer
By:
Date
Seller: 3EC 30wIL 1 iN qOgPOga
zE
By: ✓I
Date. oZ-/';/it
333 EAST STUART AVER SUITE"B1" REDLANDS,CA 92374 909.335.6100(FAX 909.335.6385) LICENSE 761363
Page 4 ot 4