Contract - Manhole - 2003-09-05 4
AGREEMENT FOR EMERGENCY SERVICES
This Agreement for Emergency Services is made and entered into this .SLL day of
,l „,Mn.) 2003 by and between the Costa Mesa Sanitary District (hereinafter
'Di trict") and MANHOLE ADJUSTING. 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 four-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:
1 license. Contractor represents that it possesses the following licenses:
Class A 398443
2. Authorization. Contractor agrees that it will perform such services as the
District Manager/Engineer shall direct, if it is willing and capable at the time to perform the
tasks requested. Telephone authorization shall be sufficient to direct the work.
3 Bates. 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.
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.
1
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 District Clerk. Said per diem
wages are 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 security number work
classification, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice of 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
10. egal 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 7
(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 indemnification. 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.
2
12. Ins rance 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 liability arising from, explosion, collapse, underground property
damage.
Business Auto Coverage shall be written on ISO 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.
Workers' Compensation/Employer's Liability shall provide workers'
compensation statutory benefits as required by law Employer's liability limits 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 be written by
insurers authorized 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 10 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 District's request for said copies.
3
13. Safety. Contractor shall observe all safety procedures when performing said
job, including but not limited to those set forth in Labor Code Section 6705 pertaining to
trenching, those provided by CAL-OSHA and those set forth in the most recent editions of
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 (WATCH).
2. The Manual of Warning Signs, Ligh s and Devices for Use in Performance of
Work Upon Highways.
3. State I ahor Code Sections 6704 6706 and 6707
4 The Construction Safety Orders (CAUOSHA).
5. The General Industry Safety Orders (CAUOSHA).
6. Standard Specifications for Piihlic Works Cons ruction (The Green Book).
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 indefinite 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 Agreement to terminate.
DATED. 10.x.,. .S. 2-0 03 COS • MESA SANITARY DISTRICT
/ / i
la
'ESIDEi,T
Iiid... b • ..r
11/��% SECRETARY
CONTRACTOR BY
JOHN CORCORAN, PRESIDENT
TITLE
4
RATES FOR LABOR by Manhole Adjusting Inc.
EQUIPMENT MATERIALS
RATES
Labor,Eqp Material
COSTS 20% 15%
LABOR Unit
Laborers Hr 43.00 51.60
Foreman Hr 49.00 58.80
Operator Hr 56.00 67.20
Skilled Labor Hr 43.00 51.60
Operator Hr 53.00 63.60
Travel Time Hr 65.00 78.00
EQUIPMENT
Pickup Truck (3/4Ton) Hr 15.00 18.00
10-Wheel Dump Truck* Hr 70.00 84 00
Air Compressor Hr 15.00 18 00 _
Manhole Mixer Truck* Hr 35.00 42.00
Water Truck with Jet Pipe* Hr 35.00 42.00
Air Blower Hr 5.00 6.00
Air Monitor Hr 5.00 6.00
Patch Crew Truck* Hr 30.00 36.00
Vibro Roller Hr 25.00 30 00
MATERIAL Unit Cost
Dump Fee EA 50.00 57.50
Sand for Backfill ton 12.00 _ 13.80
AC CONCRETE ton 45.00 51 75
24' Dia Grade Ring X 6' Ea 34.00 39 10
24' Dia. Grade Ring X 3' Ea I 20 00 23.00
30' Dia. Grade Ring X 6' lEa 35.00 X40.25
30' Dia. Grade Ring X 3' Ea 22.00 =25.30
4TT Water Box w/lid Ea 60.00- :69.00
* Equip subject to Travel time
Created on:6/24/03
Y\Dispatch\Bids\2003\Specialty\Manhoie_Equip_Rate.xls_Labor Equip_Mat Printed on:8/15/03,5:10 PM