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HomeMy Public PortalAboutAgreement_2013-03-29_Alliance Environmental Group, Inc_Administrative Services OfficeAGREEMENT EOR ASBESTOS REMOVAL SERVICES Between THE CITY OF TEMPLE CITY, a municipal corporation and ALLIANCE ENVIRONMENTAL GROUP, INC. a California corporation Dated arcfi�1 , 2013 A"I EIkIENT FOR ASBESTOS REMOVAL SERVICES I"his Agreement for Asbestos Removal Services ("Agreement") is entered into as of the date referenced on the cover page ("Effective Date") between the CITY OF TEMPLE CITY. a charter law cityand municipal corporation ("City") and ALLIANCE ENVIRONMENTAL GROUP, INC., a California corporation C"Contractor") (collectively the "Parties"). In consideration of the midual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. SCOPE OF SERVICES 1..1 Contractor Services. Subject to the terms and conditions of this Agreement; Contractor agrees to perform for City those asbestos removal services and related services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit "A" ["Services"]. Contractor agrees to furnish, for the compensation provided for herein; all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perforin and complete the Services. Contractor agrees to perforin the Services in accordance with all applicable local, state and federal laws, rules and regulations and in accordance, with applicable standards, specifications, and general conditions adopted by City. Contractor agrees that all work must be ofgoodand workmanlike quality and shall be subject to inspectionand approval by City. Contractor agrees to work closely with City staff in the performance. of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 1:2 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in the Scope of Services ("Extra Mork") except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of such work. City shall not be obligated to pay for or otherwise be liablefor unauthorized Extra Work performed by Contractor. l.d Schedule of Performance Bz Term. Contractor agrees: to diligently performand complete the Services in accordance with the Schedule of Ferfonnance attached hereto and incorporated herein by reference as Exhibit "B" ["Schedule of Performance"], Modifications of the Schedule of Performance must be agreed upon in writing in advance by the authorized representative of the parties. The term of this Agreement shall be for one (1),year iinm and after the effective date, unless expressly provided to the, contrary in the Scope of Services, and subject to early termination as provided for in 'Section I1 [Termination] of this Agreement. The term tnay be, extended by the mutually agreement of the parties memorialized in writing; City authorizes its City Manager, or his/her designee, to agree to reasonable modifications of the Schedule of Performance and to extensions of the Term, provided such modifications and extension do not require additional compensation exceeding the City Manager's authority under City's purchasing ordinance, rgasati-?svi-area, i 1.4 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services; whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. 1.5 Repair of Defects. Contractor agrees that for a period of one (1) year from and after finial acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later, Contractor shall within ten (10) Days atter being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at his scale cost and expense, In addition;, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective work services or which becomes damaged; in the course of repairing or replacing defective work or services. For any work so corrected; Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions are adequateto remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conformnng, or damaged work or services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses' incurred hereunder upon demand. L6 Contractor's Representative. Contractor hereby designates the representative named in Exhibit "p" ["Representatives"], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"), Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes tinder this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means; methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services tinder this Agreement. SECTION 2, COMPENSATION AND METHOD,OF PAYMENT 2..1 Compensation. City shall pay to Contractor for non -disputed Services rendered', the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated herein by reference; Total compensation shall not exceed the total price or "not to exceed" amount set forth in Exhibit "C' without the prior written approval of City. City authorizes its City Manager, or his/her designee, to approve additional compensation for Extra Work as may be approved under Section 1 above, provided such additional compensation, in the aggregate, does not exceed the City Manager's authority under City's purchasing ordinance: LA: N4820-9562-0 $83 vt 2 SECTION 1 RESPONSIBILITIES OF CONTRACTOR 3.1 Control and Payment of Subordinates; Independent Contractor. Contractor agrees that all Services shall be performed by Contractor or under its supervision, The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under the Contractor's exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirement of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights. 3:2 Standard of Care di Licenses. 'Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perforin the Services and that it, its employees and subcontractors have all licenses; permits, qualifications and approvals ofwhatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement. 3.3 Required Corrections., As provided for in the indemnification provisions of this Agreement, Contactor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. 3A Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all 'local, state and federal laws, rules and regulations in any manner affecting The performance of the Services, including all Cal/OSHA requirements, and shall give all notices and warnings required by law. Contractor, shall be liable for all violations of such laws and regulations in connection with Services. 3:5 Safety. Contractor shall perform the Services;, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions Linder which the work is to be performed, 1 6 Labor Code and Prevailing Wage Requirements: 34 1 AporentiCeabie Crafts. To the extent applicable,. Contractor shall comply with the provisions of SecTion 1777.5 of the C.abar Code with respect to the. employment a'f properly registered apprentices upon ,public works. 1,AIY;Jg20-9562-0883 vI: 3.6.Z Hours of work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 Labor Code. 3.5:3 payro3l Records; In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the sante information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours. 3:6;4 Prevailintr Wane Laws. Contractor represents andwanantsthat it is aware of the requirements of California Labor Code Section 1720,, et sem,, and 1770, et seer ., as well as California Code of Regulations, Title 8, Section 1600, et seg., ("prevailing wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "Maintenance" projects. If the Services are being performed as pail of an applicable. "public Works" or ""Maintenance" project, as defined by the prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each crab, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. 3.7 Equal Opportunity Employment, Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor; employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age, Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitmentor recruitment advertising, layoff or termination. 3,8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, etsM., as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. SECTION 4. INDEMNIFICATION 4:I Indemnl . Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials; officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage;, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, oi• its officers, directors, employees; agents, or contractors, connected with the performance under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor's officers, directors, employees, agents and contractors, including but not limited to acts or omissions in. any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under,; to, or from the location at which work' under this Agreement is performed of any LA'.M820-9562-0883 vl 4 Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses the City incurs or makes to or on behalf of, an injured employee under the City's self administered workers' compensation, is included as a loss or Costs and 'Expenses for the purpose of this Section. The City shall not be responsible for any acts, errors or omissions of any person or entity except the City and their respective officers,, agents, servants, employees or contractors: The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement. 4':2 Action. For purposes of this Agreement, Action" shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, courtrordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or older instrument which is a prerequisite or prelude to commencement of the Action. 4.3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred''by a party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to,court costs, filing; recording; and service fees, copying coasts, exhibit production costs, special media rental costs, attorneys fees, consultant fees; fees for investigators, witness fees (both lay and expert); travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent, jurisdiction may determine to be just and reasonable. 4. } Hazardous Substances. For purposes of this Agreement;; "Hazardous Substances" shall mean any and all of the following; a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse_, pursuant to the Comprehensive Environmental Response Compensation and Liability Act: ("CERCLA"), 42 U &C. §9601, et seri:; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901, et ,req.; the Toxic Substances Control Act, 15 U.SC.S. §2601, et seq.; the Clean Nater Act, "33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U:S.C. §136, et seq., the Superfund-Amendments and Reauthorization Act; 42 U.S.C. §6901, et seq.; the Clean Air Act; 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S;C. §300f, et .seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.5C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.") §25100, etseq.; the Hazardous Substance Account Act, 1-i.&&C,§25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, FL&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S`.C. §25280, et seq.; the Carpenter -Presley -Tanner Hazardous Substance Account Act, H.&&C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170"1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. LA: 94820-9562-0883.d( .25001,, et seq.; the Porter -Cologne Lvater Quality Control Act, Water Code §13000, et seq., all as trey may from time to time be amended; and b. any substance, praduot, wasie or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, lave; ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature. SECTION 5: RECORDS AiYD DOCUMENTS. 5.1 .Accounting Records. 5.1.'1 Maintenance and Inspection. Cnntractaz shall maintain complete an accurate records with respect to all costs and expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable. 5.1.2 Inspection and Curving. Contractor shall allow a representative of City during normal business hours: to examine, audit, and make transcripts or copies of such records and any other documents crenated pursuant to this ;Agreement_ Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years front the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated) for receipt of notices in this Agreement. 5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports; data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing any Services pursuant to the Agreement shall become the sole property of City and may be used, reused or otherwise disposed of the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps; models, designs, drawings, photographs, studies, surveys; reports, data, notes, computer Iles, files and other documents SECTION 6, INSURANCE 6,1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement Contractor will maintain insurance in conformance with requirements established Fy City's Purchasing Office, Finance Director or Risk Manager for the type of Services being perform. Contractor acknowledges that prior to the effective date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit ")" ("Insurance"). Contractor will use existing coverage to comply with these requirements, If that existing coverage does not meet the requirements set forth here, Contractor A44820-9562-0883 vl 6. agrees to amend, supplement or endorse the existing; coverage to do so: Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required.: Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. 6.2 Additional Insureds. Contractor agrees to have its insurer include as additional insureds City, its officials, employees and agents, under such polices, and using such forms as may be, identified by the City's Purchasing Officer, Finance Director or Risk Manager. Contractor also agrees to require all contractors, and subcontractors to do so likewise. 6:3 Proof of Insurance to City. Proof of compliance with the insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and such additional insured endorsements as have been required to Contractor's policies shall be delivered to City concurrently with Contractor's execution of this Agreement, but in no event later than the Effective Date of this Agreement. 6A Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage, required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 6.5 Modification of Insurance Provisions. City, authorizes City Manager to make, upon the written concurrence of the Finance Director or Risk Manager, reasonable amendments to the insurance requirements provided by City to Contractor under Section 6.1 of this Agreement, after considering the Scope of Services; potential liabilities, and the required level of insurance to adequately protect the Cit} from risk liability. SECTION 7: TERMINATION. T1 Termination by City. City may; by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least. three (3) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non - disputed Services, which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 72. Termination by Contractor. Contractor may, by written notice to City, #erminate this Agreement based upon City's failure to timely cure a default under this Agreement as provided herein, At least forty-five (45) days prior to termination; Contractor shall provide City with a written notice specifying City's alleged default and providing City with a £orty.five (45) day period to cure the default. Should City timely cure such default, the Agreement shall C.A #4n() -9562=0&S3: v1 7 continue. Should City failure to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City. SECTION 8. GENERAL PROVISIONS 8,1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law; this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be will and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 8,2 Loss And Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or,from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. 8:3 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy; acts of federal, state or local governments, acts of City, court orders, fires; floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes, 8A Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any 'additional documentsas may be necessary, appropriate or convenient to attain the purposes of the Agreement: 8.5 Governing Lacy. This Agreement shall be interpreted, construed and governed according, to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively; in the Central District of California, located in Los Angeles, California, 8:6 Integration. This Agreement, including the attached Exhibits "A" through "E' is the entire, complete, final and exclusiveexpression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives, 8,1 Severability. If a terms condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining, provisions of this Agreement shall not be affected thereby and the Agreement shall be read and, construed without the invalid, void or unenforceable provisions). LA ri4820-9562-0883 `,.1 8: 8i8 Prohibited Interests. Contractor represents and warrants; that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage., brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 8 9 Amendments. No amendment to or modification of this Agreement shalt be valid unless made in writing and approved by the City and the Contractor, The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 8.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties'. 8.11 Delivery= Of Notices, All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit "D", or at such other addressas the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty. eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and address to the part at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.12 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. 8.13 Waiver, Waiver by any party to this Agreement of any tenet.,. condition;. or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 8.14 Attorneys Fees, Costs And Expenses, In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding,, shall be entitled to an award of reasonable attorney's fees, Costs and Expenses, in addition to any other relief to which it may be entitled. 8:15 Subcontracting. Contractor shah.. not subcontract any portion of the work required by this Agreement eKeept as expressly stated herein, whhaut pr ar written approval o f City. Subcontracts; if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 8.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an arig#nal: 8.k 7 Authority To Execute. The person or, persons executing this Agreement on behalf of Contractor represents and warrants that heishehlrey has/have the authority to so execute his Agreement and to bind Contractor to the performance of its obligations hereunder. IN WITNESS W13EREOF the parties hereto have caused ttris AGREEMENT to be executed the day and year first above written. CITX Cli' TEIi'IPI,E C1T Ey- lose Pulido, City M n r APPROVED AST FORM: Eric S. Vail City Attorney iA �.�sao-gs�z-oss= vi 10 Ct)NTRACTgR: [,AIt az 0fi cer) Titl Print Name 1 Phone EMUH11 `tlA" SCOPE OF SERVICES ConYractar willremove and_dispose friable asbestoafrom three rooms in Temple City City Hall within the Administrative Services Department ^the computer room, reception area and back office (the "Work Area"). Specifically Contractor will: 1. Notify any and all public agencies of the asbestos removal work to be conducted that are required by law to be so noticed, 2. Isolate the Work Area and post all signage required by law, 3. Set up a shower decontamination system adjacent to the Work Area. 4. Perform a "Procedure 5" clean up of asbestos in the `York Area, including the removal' and disposal of all porous items in the Work Area (e.g. carpet, paper, felt partitions) and wet- wiping and NEPA vacuuming'all non-parous surfaces, The "Procedure 5" clean up is explained in more detail in Exhibit "A-1" attached hereto and incorporated herein by reference. Clean alI air duets leading into and from the Adrniuistr4tivo Services ©f600s. 6. Run negative air fl{ration dtuing the cleanup and monitor air quality iit fb� Workl��ea. 7. Transport, manifest and dispose of all waste at an EPA -approved asbestos landfill, City authorizes Contractor to sign any hazardous waste manifest on City's behalf. 8, Remove all containment materials and egriipment after the Sorvioes are compteted and accepted by City. Damage. to walls, wallpaper, wood, and akl painted surfaces may occur as a result of the installation of containment materials. Conuactor will make every attempt to minimize such damage. Repairs of such damages are not included in the Services, LA Y�82D 156<-0833'vl A RX1XI"ZT °°A-1 PROCEDURE 5 CLEANUP La rasa-9>6?-axs�:e7 EA111"11 ° B" SCHEDULE 1E PERFORMI ANCE Contractor agrees to being the Services within twenty (20) days of the execution of this Agreement by the Parties, provided that Contractor is able to obtain all required permits and approvals to perform the Services within that time frame. Contractor agrees to execute tate Services in a timely manner, and agrees to complete the Services within fourteen (14) days of the commencement of the Services. EXFIIBIT `°E" INSURANCE 1. General Rego rements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below; Type of Insurance Limits (combined single) Commercial General Liability $15000,000 Business Automobile_ Liability $L0003000 Workers' Compensation Statutory Requirements 2. Commercial General Liability Insurance. This policy trust meet or exceed the requirements of ISO -CGL Form No. CG 00 01 1185 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name City, its officials, employees and agents as "additional insureds" under the insurance coverage and must state that such insurance will be deemed "primary"' such that any other insurance that may be carried by City will be deemed `excess" to that of Contractor= This endorsement must be reflected on ISO Form No, CG 20 10 11 85 or 88, or equivalent form as determinedby City. The insurance must be on an "occurrence" not a "claims -made" basis, Defense costs must be paid in addition to limits. 'There must be no cross4iability exclusion for claims or suits by one insured against another. Limits must not be less than $1,000,000 per occurrence for all covered losses, and not less than $2;000,000 general aggregate. The Commercial General Liability policy must not contain any endorsements Inviting coverage beyond the basic policy coverage for any of the following: I Explosion, collapse or underground, hazard (XCU); 2. Products andcompletedoperation, 3. Pollution liability; or 4. Contractual liability. Coverage must be applicable to City for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project. 3. Business Auto Coverage. This: policy must be on ISO Business Auto: Coverage Eonia CA 00 O1 06 92 including symbol 1 (Any Auto) and Endorsement CA 0025;. ar equivalent forms approved in writing by City. Limits must not be less than $1,000,000 per accident, combined single limit, or if Contractor neither leases nor owns vehicles, this L t 4820-')Stu?-OS55.v t {. requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person, 4: Workers Compensation. Contractor must havo a State of California approved policy form providing the statutory benefits required by law with employer's liability limits of no less than $1,000,000 per accident for all covered losses, or Contractor must provide evidence of an approved self-insurance program. 5. Other Insurance, Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City, 6. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet Iimit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a "drop down provision" providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There must be no cross~liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor`s obligations under this Contract. The scope of coverage provided is subject to, approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2,000,000 per occurrence and aggregate. 7, Certificates: of Insurance and Endarsemeuts. Prior to commencing any Services under this Agreement, Caiitractor must file with the City Certificates of Insurance and, Endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City, S. Failure to Maintain Required Insurance. if Contractor, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the Director may obtain such coverage at Contractor's expense and deduct the cost from the sums clue Contractor, 9. Effect of Coverage. The existence of the required insurance coverage. under this Contract will not be doomed to satisfy or 1'rmit Contractor's fnclomniYy obligations under this Contract, Contractor acknowledges that the insurance coverage and policy limits set r:a aas�n-s;s2�r8s3,�r forth in this Contract constitute the minimum coverage and, Policy limits required, Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses, '1.A ti-}S20-R.G2-03&3 vl EXHIMI "D REPRESENTATIVES City of Cemple City Coimnun ty Development Department arm: -Mark Per_sico 9701 Las Tunas Drive Temple City, California 91780 (626) 285-2171 ext 2306 AlliancePuuironmental Grczupr lne: Attn: Jay Bradshaw 990 W: Tenth St. Azusa, CA 91702 (626) 63;1-3500