Contract - Schuler - 2011-12-13 lispN
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�° A ,,� December 13, 2011
Mr Bruce Schuler
Schuler Engineering Corporation
564 W Bateman Circle
Corona, CA 92880
RE. Letter Agreement for Sea Bluff Pumping Station Improvement
Dear Bruce:
By signing this letter agreement you agree to perform the following work for the Costa
Mesa Sanitary District: install District supplied pumps and District supplied discharge
bases, furnish and install 2' stainless steel guide bars and brackets, and supply other
miscellaneous stainless steel hardware for the Sea Bluff Pumping Station as described
in the attached scope of work dated 11/9/11 and in conformance with Schuler
Engineering's proposal dated 12/9/11 also attached hereto for a lump sum cost of
$12,499.00. No extra work or additional compensation is permitted without a written
change order signed by the General Manager of 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 389852.
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.) 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)
(Protecting our community s health and the environment by providing
softer waste and sewer collection services.
www.crosdcagov
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. (Public Contract Code § 7104 Labor Code § 6705)
If this contract is for at least $5 000 and progress payments are made, District will
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 GCL insurance policies of at least $1,000,000.
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
actual 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
(Protecting our community's heals(and the environment 6y providing
solid-mute and sewercolection services.
www.crosdcagov
DISTRICT CONTRACTOR
Approved by' Reviewey;a1id Accepted by
General Manager Sign - ure
Bruce A Schuler
Name
President
Approved to Form: Title
Harper & Burns LLP
District Counsel
(Protecting our community's health and the environment 6y providing
so&dwaste andsewercollection services.
www.crosdca.gov