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Contract - Xylem - 2013-09-24Costa Mesa Sanitary District ...an Independent Special District September 24, 2013 Xylem Water Solutions USA Inc. 11161 Harrel St Mira Loma, CA 91752 Re: Letter Agreement for Public Works Project: Rebuild 5 HP Pump for South Coast Plaza Dear Contractor: By signing this letter agreement you (Xylem) agree to perform the following work for the Costa Mesa Sanitary District (CMSD): To repair Flygt 5HP pump for South Coast Plaza. (Exhibit A). Compensation for said service shall be $6,792.68. No additional compensation will be permitted for extra work or delay in the absence of a written change order approved and signed by CMSD. The written change order requirement cannot be waived. 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 826400. 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 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 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 day's work and any worker working in excess of that time must be paid overtime. (Labor Code § 1813) 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). 628W. 19th Street / Costa Mesa, CA 92627 -2716 • (949) 645 -8400 / fax: (949) 650 -2253 Protecting our community's health and the environment by providing solid waste and sewer collection services Xylem Water Solutions USA, Inc. Rebuild 5 HP Pump for South Coast Plaza Page 2 of 5 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. (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 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 B. 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. Said one year period shall commence upon the filing of a 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 CMSD. CMSD 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 the terms of this letter agreement and the terms of any attachment or exhibits hereto, this letter agreement shall control in all respects. If you agree with the above, please sign below CMSD General Manager Xylem Water Solutions USA, Inc. Rebuild 5 HP Pump for South Coast Plaza Paec 3 of 5 Contractor Approved as to form: District Counsel Xylem Water Solutions USA, Inc. Rebuild 5 HP Pump for South Coast Plaza Page 4 of 5 Exhibit "A" Attachment A t`+ PRICING QUOTE Use for Purchases > $5,000 #1 #z kIt Le,M Company Name: III U1 141 M.6; 5T Location: MINT LuIvI4 CA rr+y- 9-fl 331-30,j Phone: qn 13Z- 3t,t,y Contact: I KIM 5u UL'-L Date Contacted: I ti It It 13 Price New vowrL I IZE6vIw PUMP- NaL'l IMpE&'E�tvz- (,1q2, bB VENDOR /CONTRACTOR RECOMMENDED: XHL'eM Supplies /Equipment — If the low bidder is not recommended, give reason(s) below: ONU4 VLNNDVL A\PAILA0> — SPELIAI�iZEjJ CeV( Cd/'�6ZcC Services — At summary of qualifications of person /company selected. Authorized Signature Date Ge�ager Signature Date M M X-vlem Xylem Water Solutions USA, Inc. Flygt Products PRODUCT REPAIR / SERVICE ESTIMATE Estimate #: R2013 -LAB -0060 Tag #: 1548 JobName: Costa Mesa /South Coast Plaza ;Customer Information Company Name: COSTA MESA SANITARY DIST Address 628 W 19TH ST COSTA MESA CA92627 Product Identification Product Number: 0031 020901 1 28 Model: 3102.090 Impeller Code: 423 HP: 0 Volts: 0 Phases: 0 Inspection Information Inspected By: Manny Padilla Date: 9/12/2013 Motor Data: Wire Configuration: U1:Red VI:Black W1:White Megger to ground: R 27.9 B 22.3 W 27.9 Resistance through cable: RB 3 RW 3 BW 3 Stator Condition: Unusable Shaft Condition: Fair Oil Condition: Poor Inspection Plugs: Hydraulic: Impeller /Propeller Condition: Unusable Volute Condition: Unusable Page 1 of 5 Contact: Steve Cano Telephone: 909.910.5998 Telephone: Fax: Email: Serial Number: 3102.090 - 0960008 Sensors: ® FLS ❑ CLS ❑ KLIX ❑ Bearing ❑ Cable Cable Condition: Good Cable Length: Flygt Products �e 11161 Harrel Street , Mira Loma CA 91752 FLYGT .7 PH: (95 1) 332 -3668 FX: (95 1) 332 -3679 a xylem brand xylem Xylem Water Solutions USA, Inc. Flygt Products PRODUCT REPAIR / SERVICE ESTIMATE Estimate #: R2013 -LAB -0060 Tag #: 1548 JobName: Costa Mesa /South Coast Plaza Hydraulic Type: Installation Type: Discharge Size: Primary Requirement: Oil in stator housing Repair /Service Requirements and remarks Date: 9/12/2013 ❑ Control ❑ MFV Page 2 of 5 Parts, Labor and Other Charges Parts: _.... ,' Qty PartNo Description Sell Price Total Price 1 769 27 03 KIT,IMPELLER N LT CODE 423 HC $1,453.50 $1,453.50 1 303 35 20 VOLUTE,LT 6" UNDR FV Cl $1,761.30 $1,761.30 1 477 11 01 HANDLE,LIFTING 316 $195.70 $195.70 1 310 11 01 STATOR,18 -11 -4A 230/460V:3PH+ 230VA PH $602.30 $602.30 50 9421 04 CABLE,SUBCAB AWG 12/7 21 MM $13.30 $665.00 6 83 53 21 CLAMP,TERMINAL $8.36 $50.16 2 83 53 31 SUPPORT,END $5.51 S11.02 1 734 5900 LEAD - THROUGH UNIT $34.20 $34.20 1 504 7807 CABLE UNIT $77.90 $77.90 1 518 8902 DETECTOR, LEAKAGE UNIT FLS $183.35 $183.35 1 439 33 11 HOLDER,BEARING ALUM $298.30 $298.30 1 84 1802 GROMMET,NBR 23ID 520D 26L $19.95 $19.95 Total Price $5,352.68 Labor and Other Charges: Qty PartNo Description Sell Price Total Price Fly9t Products 1 1 161 Harrel Street , Mira Loma CA 91752 FLYGT xy`e m PH: (9S 1) 332 -3668 FX: (95 1) 332 -3679 a xylem brand ������ Xv|H81VV6terSVlUdOnSUSA, Inc. �����nm°UU� � FlygtP[OdU{ts PRODUCT REPAIR /SEQV|CE ESTIMATE Esdmate#: K2013-LAD-0060 Date: 9/12/2013 e3o[5 Tag#: 1548 -" ]ubNanoo: Costa Mesa/South Coast Plaza 8 74-699937 LAUOK.S[RV|C[-C8L4-NO T7\X $117.00 $936.00 3 14-6999778 LABOR, MOBILE- [ALA-NOTAX S147.00 $441.00 7 14-699833 ENVIRONMENTAL FEE 0-lVHP $35.00 $35.00 l 14~699800 NAT'L,LUO[S.SOLVENlS-SMAU-PUMP $28.00 $28.00 Total Price $l'440.OV Total Price: $6,792.68 � Product Replacement ^ Product Number: Estimated Delivery: Weeks Cost of New Unit: Please note: |f additional repair requirements are identified during service, the . total Co ^ St oynurrepair/ay change. Should this occur, we will contact you for approval before proceeding. A signed Purchase Order or approval below must be received before any repair work can begin. if repaired unit is not picked up or delivered within 5 days of completion, the repair will be invoiced. Taxes: State, local and other applicable taxes are not Included in this quotation. Terms of delivery: Freight PP/UneItem Terms nf payment: Net 50Days F4wt Pm000s /|)mxa/m|ume/^wiqmmacAmr5z Dr t����� PH: (9o) o2'3o6o ^"~�"��'~~'~^ .7 nt(9o) 3o-3v,n a xylem brand Xylem Water Solutions USA, Inc. Rebuild 5 HP Pump for South Coast Plaza Page 5 of 5 Exhibit `B" COSTA MESA SANITARY DISTRICT 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 right 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.