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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 \O' db 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.