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Contract - GCI Construction - 2006-09-14 AGREEMENT FOR EMERGENCY SERVICES This Agreement for Emergency Services is made and entered into this HA/. day of 2006 by and between the Costa Mesa Sanitary District (hereinafter 'District') and GCI Construction, Inc. (hereinafter "Contractor") 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 tour 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 or replace a public facility to abate that emergency condition, Now, therefore, the parties hereto do hereby agree as follows. I License. Contractor represents that it possesses the following licenses. Cl ass "A ' (.-f s2 Ala. "75535!0 2. Authorization. ,Contractor agrees that it will perform such services as the District Manager/Engineer shall direct, it 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 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. I 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. 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 Distract Clerk. Said per diem wages an 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. 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 secunty number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. The Contractor s and Subcontractor s 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 $50.00 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 Apprentices. If applicable, the provisions of Labor Code Section 1777 5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon Contractor. 2 10. Legal Day s Work. In performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (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 (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 11 Indemmhcation. 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. 12. 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 written 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 limiting the scope of coverage for habihty arising from, explosion, collapse underground property damage. Business Auto Coverage shall be written on IS() 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. 3 Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law Employer's liability Ins 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 he written by insurers authort7ed to do business in the State of California and with a minimum Best's Insurance Guide rating of"A.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 20 111 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 Districts request for said copies. 13 Safety Contractor shall observe all safety procedures when performing said lob, including but not limited to those set forth in Labor Code Section 67115 pertaining to trenching, those provided by CAL-OSHA and those set forth in the most recent editions (if 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*TCH). 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 6'07 4 The Construction Safety Orders (CAL/()SHA). 5 The General Industry Safety Orders (CAL/OSHA). 6. Standard Specifications for Public Works Construction (The Green Book). 4 14 Permits. Contractor shall comply with all permit requirements of all government entities and shall obtain appropriate permits when necessary 15 Term. This agreement shall have an ndetunte term and may be canceled by the giving of ten (10) days written notice. Failure by the Contractor to keep its insurance current and on file with the District shall also cause this \greement to terminate. DATED. 4 l4, 8004 COSTA MESA SANITARY DISTRICT (i114164.- ----- PRESIDENT Afiz.SECRET AR\ CONTRACTOR n I 7 N. BY - TITLE. TPxf ( ►►.G lI pie- Pec' 5