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Charles Abbott Associates - 2012-03-06 5101173f, - O.'0o00 A.v ;1'\ r4 Costa Mesa San4taY9 District �o� . . . an Incepenoent Special District _____,) '�pORAT�� Greg Robinson, Regional Director Board of Directors Charles Abbott Associates, Inc. Robert Ooten 27401 Los Altos, Suite 220 James Ferryman Mission Viejo, California 92691 Mike Scheafer James Fitzpatrick Re: Letter Agreement for Processing Permits and Review of Permit Arthur Perry - Specialist Position Dear Greg Robinson: Staff This letter shall be our Agreement regarding Processing Permits and Scott C. Carroll Review of Permit Specialist Position described below ("Services") to be provided General Manager by Charles Abbott Associates Inc. ("Consultant") as an independent contractor to the Costa Mesa Sanitary District. Joan Revak Office Manager The Services to be provided include the following: Process permits and fees so Clerk of the District the District can be current with its backlog. Provide a review of the Permit Specialist Position to ensure job functions are being completed effectively and Robin B. Hamers efficiently. District Engineer (949) 631-1731 Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as Alan R. Burns being employed by professionals in the same discipline in the State of Legal Counsel California, and consistent with all applicable laws. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the services, and shall be billed at the hourly rate(s) of $97.00 for Marcus D.Davis Renee Meriaux who will complete the majority of the work and $122.00 for Greg Treasurer Robinson if required. However, unless expressly agreed in writing in advance by the District, the cost to the District for the Services shall not exceed $5,000.00. Phone Consultant understands that this job, if over $1,000 in value and not exempt, (949) 645-8400 requires compliance with the prevailing wage law. (Labor Code § 1720 et. seq. Fax and California Code of Regulations, Title 8, Section 1600 et seq.) As such, the (949) 650-2253 District will ascertain the prevailing wages to be paid on this job from the . Director of Industrial Relations. Consultant agrees to pay prevailing wages and maintain prevailing wage records regarding those payments. Consultant is also Address required to comply with the apprentice requirements. The District will enforce 628 W 19th Street state penalties of $50 per day for failure to pay any worker in accordance with Costa Mesa, CA the prevailing wage law. 92627-2716 Consultant 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) r. Printed on Recycled Paper Protecting our community's&ealtb an the environment by providing solib waste ant)sewer collection services. www.crosoca.gov Consultant shall provide proof of liability and auto insurance to the District in amounts and with policies and conditions acceptable to the District. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall provide proof of workers compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). Consultant shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions and for a term acceptable to the District. Invoices shall be submitted to the District monthly as performance of the Services progresses. Invoices shall show tasks performed, the person providing the work, the hourly rate, and the date the work was performed. Time shall be billed in 1/10 of an hour increments. District shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by March 30, 2012 unless extended by the District in writing. The District may terminate this Letter Agreement at any time with or without cause. If the District finds it necessary to terminate this Letter Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only. Upon termination, consultant shall return all plans and documents in a usable form. Consultant shall defend, indemnify and hold the District, its officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages, attorneys fees and other related costs and expenses.] If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter Agreement is enclosed for your records. [Signatures on Next Page] 2 DISTRICT CONSULTANT Approved by: Reviewed and Accepted by: General Manager Sign- •re 6'"fea P 6i.1co, 7 Approved as to Form: Name ave.`1 ' Title Harper& Burns LLP District Counsel d9ic,rch 6` 20/7 Date 3