HomeMy WebLinkAboutContracts & Agreements_158-2009_CCv0001.pdf AGREEMENT FOR REMOVAL AND DISPOSAL OF
ASBESTOS CONTAINING MATERIALS
This agreement for removal and disposal of asbestos containing materials from the City of
Redlands' Dearborn Reservoir site ("Agreement") is made and entered into this 12th day of October,
2009 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
Brickley Environmental ("Contractor"). City and Contractor are sometimes individually referred to
herein as a"Party" and,together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to remove and dispose of asbestos containing materials from
City's Dearborn Reservoir site. The specific removal and disposal services which Contractor
shall perform are more particularly described in Exhibit "A," which is attached hereto and
incorporated herein by this reference (the "Services").
ARTICLE 2.- RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
to perform the Services.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws, and non-discrimination laws, including the Americans with Disabilities
Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification or type of worker needed to perform the Services are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that, if it violates the Labor Code provisions relating to prevailing
wages, City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any of the Services,
Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
lAea\djm\Agreements�Brickley Environmental Agrmt.draftrc.doc I
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Pursuant to Public Contract Code section 7104, if the Services involve digging trenches or other
excavations that extend deeper than four feet below the surface, Contractor shall promptly, and
before the following conditions are disturbed, notify City, in writing, of any: (1) material that
Contractor believes may be material that is hazardous waste, as defined in Health and Safety
Code section 25117, that is required to be removed to a Class 1, Class 11 or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the
project site differing from those indicated by information about the site made available to
Contractor prior to entering into this Agreement; or (3) unknown physical conditions at the site
of any unusual nature, different materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Agreement. City shall
promptly investigate the conditions and, if it finds that the conditions do materially so differ or
do involve hazardous waste and cause a decrease or increase Contractor's cost of, or the time
required for, performance of any part of the Services, and shall issue a change order under the
procedures described in this Agreement. If a dispute arises between City and Contractor as to
whether the conditions materially differ, involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the Services,
Contractor shall not be excused from any scheduled completion date provided for by this
Agreement, but shall proceed with all work to be performed under this Agreement. Contractor
shall retain any and all rights provided either by this Agreement or by law which pertain to the
resolution of disputes between the Parties.
2.9 Pursuant to Labor Code section 6705, if the Services require any trench five feet or more in
depth, Contractor shall submit, subject to City's approval, in advance of excavation, a detailed
plan showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection from the hazard of caving ground during the excavation of such trench or trenches. If
the plan varies from the shoring system standards, the plan shall be prepared by a registered civil
or structural engineer.
2.10 Prior to and during any excavation, Contractor shall comply with Government Code section 4216
et seq.
2.11 Prior to commencement of any Services, Contractor shall provide City with the information
required by Public Contract Code section 4104.
2.12 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to
City all rights, title and interest in and to all causes of action it may have under section 4 of the
Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services or materials pursuant to this Agreement
lAca\djm\Agreements\l3rickley Environmental Agrmt.draft.tc.doe 2
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed." Contractor shall complete the Services within twenty (20) calendar days from and
after the date of the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Nine Thousand Five Hundred Sixty-five Dollars
($9,565.00) as complete compensation for the Services. Payments by City to Contractor shall be
made within thirty (30) days after City's receipt and approval of Contractor's invoice, by warrant
payable to Contractor.
4.2 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City:
Bassam Alzammar
Municipal Utilities and Engineering Dept.
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Contractor:
Ian Gordon
Project Manager/Estimator
Brickley Environmental
957 West Reece Street
San Bernardino, CA 92411
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section 4.2.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor throughout Contractor's performance of the Services, and shall be
primary with respect to City and non-contributing to any insurance or self-insurance maintained
by City.
5.2 Workers' Compensation and Ern
�plover's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the performance of the Services pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
1Ac&Ajm\AgTeements\Brick1ey Environmental Agrmtdraft.tc.doc 3
insurance carrier acceptable to City. The insurance policy shall include a provision
prohibiting the policy's cancellation except upon thirty (30) days prior written notice to
City. Contractor shall execute and deliver to City a Worker's Compensation Insurance
Certification in the form attached hereto as Exhibit "B" prior to commencement of the
Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor.
5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent or intentionally wrongful act or omission of Contractor, and its
officers, employees and agents, in performing the Services.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Services without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements prior to any
work being performed by the assignee. Assignment does not include printing or other customary
reimbursable expenses that may be provided for in this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Services comprehensive general liability insurance, with carriers
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and
personal injury. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the policy
except upon thirty (30) days prior written notice to City. A certificate of insurance and
endorsements shall be delivered to City prior to commencement of the Services.
5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout the
duration of the Project business automobile liability coverage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles used on the
Project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be
named as an additional insured and the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
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ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the Project and not an employee of City. All personnel employed by Contractor to perform the
Project are for its account only, and in no event shall Contractor or any personnel retained by it
be deemed to have been employed by City or engaged by City for the account of, or on behalf of,
City. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties.
6.4 Unless earlier terminated as provided for below,this Agreement shall terminate upon completion
of the Services. Notwithstanding the foregoing, City may terminate this Agreement for any
reason, at any time at its sole discretion, upon five (5) calendar days' prior written notice to
Contractor.
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.6 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
6.8 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000)
or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3,
Chapter 1, Article 1.5 of the Public Contract Code (commencing with section 20104). All claims
shall be in writing and include the documents necessary to substantiate the claim.
6.9 If any
, provision or of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor.
1':c4\djni',Agreements',Brickley Environmenta I I Agrmtdraft.tc.doc 5
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
-
Tina T. Kundig Ci lerk
Finance Director/City Treasurer
BRICKLEY ENYIRONW N��-Ni
,r
,'``'
B Date °
Ian Gordon,Projec anager/Estimator
1AcaldjmlAgreement,Brieklep Environmental Agrmt.draft.te.doc 6
EXHIBIT 66AIl
BRICKLEY ENVIRONMENTAL
Environmental Remediation Contractor
PROPOSAL
September 17, 2009
Client: City of Redlands Proposal Number: 17741
Municipal Utilities&
Engineering Department
Attn: Bassam M.Alzammar Job Name: Storage Yard
Address: 35 Cajon Street, Suite 15A Site Address: 500 N. Dearborn Street
City: Redlands, CA 92373 City: Redlands, CA 92374
Phone: 909-798-7584 Property Owner:
Fax: 909 798-7670 Estimator: Ian Gordon
Contract Amount: $9,565.00
Remove and dispose of asbestos containing materials(ACM)per job walk with Bassam M.Alzammar on 09/17/09 in
quantities and locations as outlined below:
• Approximately 5,500 sq.ft.of various dimensions and lengths of transite pipe.
Cost $9,180.00
South Coast AQMD Notification Fee for this project: Cost $385.00
Client/Owner to pay all re-notification fees
(Minimum$60.00 each)and to be responsible for all
Fees if the project is cancelled.
If a waiver of subrogation is required for workers' compensation insurance and/or general liability insurance, additional costs
will be incurred by the client.
Brickley Environmental will provide all OSHA required personal and clearance air monitoring and have samples analyzed by
an independent and certified laboratory.
At the completion of this project and upon payment, Brickley Environmental will provide complete documentation i.e.
notification letters,waste manifest, certificate of insurance, supervisor's daily logs etc.
All regulated waste generated from this project will be properly disposed of at an EPA, State or Local Regulatory Agency
approved disposal facility, utilizing the appropriate waste disposal manifest.
Work shall be performed in accordance with OSHA, EPA, and State Regulations, The above work to be completed in a
substantial and workmanlike manner according to standard practices for the sum of:
Nine Thousand Five Hundred Sixty-Five********-*************************************Dollars($9,565,00)
l:\ca\djm\Ag-reements\Brickley Environmental Agrmt.draft,tc.doc A-1
Brickley Environmental will provide only the OSHA required personal air monitoring. The owner shall provide, at their costs,
all additional testing and all final clearance testing or retesting on this project.
This bid offer is based on removal of certain types and quantities of hazardous and non-hazardous materials as listed in the
proposal. If additional or concealed hazardous materials are found and the owner chooses abatement, a change order will be
required to allow the additional costs and time to complete the additional work.
Please be advised that the owner of the property and generator of any hazardous materials may be subject to manifest/EPA
number fees issued by the Department of Toxic Substances Control(DTSC). All fees issued by DTSC are the responsibility of
the owner/generator. Fees are billed directly from DTSC and are not included in the contract amount.
Although Brickley Environmental takes precautions to avoid damage to finished surfaces, some damage may occur. Brickley
Environmental shall not be responsible for any such reasonable cosmetic damages nor shall payments to Brickley
Environmental be reduced or withheld as a result thereof. i.e.damages stemming from placement or removal of polyethylene
and wood/drywall barriers and fastening materials which are required to hold barricades in place during abatement. All repairs
or refinishing will be performed only under separate written agreement or change order between Brickley Environmental and
owner.
1:',,ca\djn`Agreements\Brickley Environmental Agrmt,draft.tc.doc A-2
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Removal and disposal of asbestos containing materials at Dearborn Reservoir Site
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon ftimishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply'Mth such provisions before commencing the performance
of the work of this Agreement. (Labor Code §1861).
Brickley Environmental Date:
IC)
By:
Ian Gordon, Project Manager Contractor's License No.
lAca\djm\Agreemems\Brick1ey Environmental Agrmt,drallu,doc B-1
VES
PROPOSAL
TO: TFX4 CITY OF REDL.ANDS,SAN BERNARDINO COUNTY, CALIFORNIA
herein called the"City".
Contractor shall include all component parts and everything required to perform, and to
provide and furrdsh any and all of the labor, materials, tools, equipment said all utility and
transportation services necessary to perform the contract, and complete at a level of
competency presently maintained by other contrwwrs, all of the work covered by the
contract in connection with the City's Project identified as
BID SCHEDULE
AC PIPE REMOVAL AT DEARBORN RESERVOIR SITE
IteEst. Total or
No. Qty-
Ili Unit Item Description with Unit Price or Lamp Sum Price in Words Extended Price
ini+i ares
Furnish all labor and material to properly dispose of approximately 45
tons of asbestos cement pipe and miscellaneous asbestos cement
fittings_
l I LS For the lump sum price of $4,065
Dollars
0.00 Cents $4,065.00
Haul away to an authorized dumping facility approximately 45 tons of
asbestos cement pipe.
For the per tern price of $122.00
2 45 1'`I" Dollars
0.00 $5,500.00
Cents
BID SCHEDULE TOTAL,PRICE $ 9,565.00
BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS:
Kline Thousand Five Hundred Sixty-five Dollars
Brickley Environmental
Coml;a lame Signature
957 West Reece Street Ian Gordon
Address Name
San Bernardino, CA 92411 project Manager
City,State,Zip Title
PERFORMANCE SCHEDULE:
1. Contact Bassam AlzaMnlar with City of Redlands Municipal utilities and
Engineering Department with any question at(909)798-7584 ext 2.
2. Prevailing wages—Contractor shall comply with section 1770 to 17$0 inclusive of
the Labor Code and Master Labor Ag Bement of Southern California
3. Contractor must provide to City proper documentation from an authorized duropimg
facility.
4, Contractor must possess an appropriate asbestos abatement license
5. Contractor must provide insurance and workers compensation cerrification
requirements before bid is awanled. Questions related to insurance, contact Bassam
Alzammar at(909)798-7584 ext 2
a,S p, 25, 20 9►s1 4gAMa 67$ 0322 TITAN coxMIDATI Tio
pRoPOSAL
. t�F`��S,SACT BE to INO COUNTY.CAS#'C�►�NIi
TU, TIDE
h6xein caped the"C'W"
naat puts cul everything req TO perfc gym„.and to
Conftat shall inaluda ell of�th le► mat�gls,t001s' cq*z at"�'rl
pro vide " ttrish ssW the contract, =d �iplete at a level of
�„spart�tdaz� Sys majawinw Y�contuctm) all of the work +cov, by the
ompetolq
croratct a in co don with the City's p�eok identified as
BSD SC
;AC P REMOVAL AT DEAI�BO�tN RESERVOIR SITS ,
TO 4r
item F-s' 1onit Item Dwriptios with Dn9t Pace or Lump hum Price to moi► ,rdq In F ace
1*0. Qty* ,
. Furnish all latxu`and to Er° `iY dispose of 6Ppst�7�x'►at�i1v 45
t=s of isbesws cen=t pipo and mis"'L eons asbestos cement
Ings. price flf:
LS For the wMp sum gri I)e+ilars -
1 1 ("onto $
T3aul away to an authorized dumping faellity aper#xiroatt'lY 4$ r;ar of
asbestus cement p -
For the per price of Pollan
2 45 PT
Cc al $ "—#.659—
LL
-3U)SCMDLLP.TOTAL PRICE
Y
255. 2809-210;44AM9 516 0322
TITAN CONSOLIDATED IND „" W.",
uov si W
to— Nam
Ad(uss
t Title
Cl zip
1, contot Bwm "ft City of Redlands mumdva1 Udlitiss and
Fae�ating Depat=eOt with my quesdon ex(909)7 99-7594 ext 2
2. preVaing wages Conta .'r shau wmpXy with gecdm 1770 to 1790 izoluatve of
the Labor CO&and MwW Labor A. uMnO t Of soutbam wife a �dmpl�
3. Cc��ptractt�r must provide to City propf'dloo==tat'ton from e��
4. ConlractQr muA p° 'n aP bestog : at .
5. C.ontramtor mast provide end workers comPerisaticu ,�� aatioa
regvir =,b b fore bid is aws d. Quastioos rued to `
, cora act Bassam
�'r,Wsr_at(909)998-7584 et 2
909798767,0 Redlands Municupal Wilt 03:36:35 p.m. 09-24-2009 2/3
PROPOSAL
TO: THE CITY OF REDLANDS,SAN BERNARDINO COUNTY,CALIFORNIA
herein called the"City".
Contractor shall include all component parts and everything reqwred to perform, and to
provide and furnish any and all of the Mor,materials,tools, equipment and all utility mid
transportation services necessary to perform the contract, and complete at a level of
competency presently maintained by other contractors, all of the work covered by the
contract in connection with the City's Project identified as
BID SCHEDULE
AC PIPE REMOVAL AT DEARBORN RESERVOIR SITE
Total or
Item Est. Unit Item Description with Unit Price or Lump Sum Price in Words Extended Price
M
No. Qty- in Figures
0
Furnish all labor and material to properly dispose of approximately 45
tons of asbestos cement pipe and miscellaneous asbestosC4cMeftt
fittings.
For the lump sum pnce of:
1 LS 'y _711-ML1:WAJD Dollars
A10 C6AJ -rS —Cents $26,&X
Haul away to an a4horized dumping facility approximately 45 tons of
asbestos cement pipe.
For the per ton price of.
2 45 PT Dollars 756
—Cents $
DID SCHEDULE TOTAL PRICE 756. 66.)
BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: Thr�zzw 4h,0V:f0dnw
9097987670 Redlands Munic-upal Utillb 03:36:46 p.m, 09-24-2009 3/3
ComparlyName Signature
Address Name
zrPs �•�
City, State,Zip Tide
PERFORMANCE SCHEDULE•
1. Contact Bassam, AIzanunar widi City of Redlands Municipal Utilities and
Engineering Department with any question at(909)798-7584 ext.2
2. Prevailing wages— Contractor shall comply with section 1770 to 1790 inclusive of
the Labor Code and Master Labor Agreement of Southern California
3. Contractor must provide to City proper documentation from an authorized dumping
facility.
4. Contractor must possess an appropriate asbestos abatement license
5. Contractor must provide insurance and workers compensation certification
requirements before bid is awarded. Questions related to insurance, contact Bassam
ALzammar at(909)798-7594 ext.2
- 2 .
Bid Opening Report
For The
REMOVAL AND DISPOSAL OF ASBESTOS CONTAING MATERIALS
9/24/09
Company Name Total Bid Amount
Brickley Environmental $9,565.00
Unlimited Environmental Inc. $21,673.99
T.A. Rivard $31,750.00