HomeMy WebLinkAbout19-147 - PCI Democon - Asbestos AbatementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contractor/
Vendor Name: PCI Democon
Address: 7415 W Bostian Rd.
Woodinville, WA 98072
Telephone: 425-806-8404
CITY OF TUKWILA
Short Form Contract
19-147
Contract Number: Council Approval N/A
Project No. RFA09-345 / RFA11-158
Project Name: 15026 42nd Ave S
Tukwila, WA 98188
Please sign and return copies one and two to:
City of Tukwila, Department of Community Development, ATTN: Jim Toole, 6300 Southcenter
Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully
executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this (A day of 0 c \(-) ef 201A , by and
between the City of Tukwila, hereinafter referred to as "City", and PCI Democon, hereinafter referred to
as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The
Contractor shall perform those services described on Exhibit A attached hereto and incorporated
herein by this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The
Contractor shall request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced on October 14, 2019 and be completed
no later than December 31, 2019.
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $4,563.00 except by
written agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement. The Contractor shall request prior approval
from the City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of
the work, provided the contract is fully performed and accepted.
is
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7. CONTRACT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of every
kind necessary for the proper execution of work, and the terms and conditions of payment
therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
• Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
• Unless otherwise specified, all material shall be new, and both workmanship and materials shall
be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution of the work shall be secured and paid
for by the Contractor. Easements for permanent structures or permanent changes in existing
facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall
comply with all laws and regulations bearing on the conduct of the work and shall notify the City in
writing if the drawings and specifications are at variance therewith.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City
and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra
cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to
the requirements of the contract and that appears during the progress of the work, and shall remedy
any defects due to faulty materials or workmanship which appear within a period of one year from
date of completion of the contract and final acceptance of the work by the City unless the
manufacturer of the equipment or materials has a warranty for a longer period of time, which
warranties shall be assigned by Contractor to City. The provisions of this article apply to work done
by subcontractors as well as to work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the
work properly, or fail to perform any provision of the contract, the City, after seven days' written
notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City
may have, make good the deficiencies and may deduct the cost thereof from the payment then or
thereafter due the Contract or, at the City's option, may terminate the contract and take possession
of all materials, tools, appliances and finish work by such means as the City sees fit, and if the
unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall
be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall
pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due
may be withheld on account of defective work not remedied, liens filed, damage by the Contractor
to others not adjusted, or failure to make payments properly to the subcontractors.
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16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of
coverage and limits as required herein shall not be construed to limit the liability of the Contractor
to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile liability insurance shall
cover all owned, non -owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations
aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury
and advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a per project general aggregate
limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage.
The City shall be named as an additional insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as
broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement
of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their receipt
of such notice.
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G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business -days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and
Industries and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials for
which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall
be entitled to recover its reasonable attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish,
implements and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the
prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in
conformance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials
or supplies.
25. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
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26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF Ty<
By:
Signake
A
By:
Signature
Printed Name: Jack Pace, Director
Dept. of Community Development Printed Name: W. Kirk Baker
Date: Title: General Manager
Date: 10/08/203.9
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Page 5
A S
PERFORMANCE
ABATEMENT SERVICES INC
7415 West Bostian Road
Woodinville, WA 98072
425-806-8404 Fax 425-806-7404
Contractor # PERFOAS134LC
EXHIBIT 111
PROPOSAL
"There is no substitute for experience..."
To Customer:
To: City of Tukwila
Attn: Jim Toole
Date: October 7, 2019
Page One of Five
Architect/Engineer:
Job Name
Tukwila Residence
Location Tukwila, WA
Performance Abatement Services, Inc, (hereinafter designated as "CONTRACTOR") proposes to furnish all materials and labor required
for the application of the following (hereinafter designated as the "Work") for the amount stated below:
Scope:
Removal and disposal of asbestos containing materials outlined and quantified in the "Limited
Hazardous Materials Survey: City of Tukwila Department of Community Development Single
Family Residence & Detached Garage Demolition Project" dated September 13th, 2019.
PAS Scope of Base Bid work includes the following:
PAS to provide Permits to L&I and Local Air Agency, when applicable.
',A- PAS to provide Air Monitoring.
\A- Disposal of all PAS created waste.
:0- Closeout package including: Daily Reports, Air Monitoring, and Waste Manifests.
In the event CONTRACTOR's price is included within your bid, then CONTRACTORs bid will be deemed to have been accepted.
This proposal us subject to change and will be withdrawn if not accepted within 30 days of the above date; it is subject to and includes all terms and conditions described herein
(and such other terms as may be mutually agreed upon.j
Contract Price $
$4,563.00 PERFORMANCE ABATEMENT SERVICES, INC.
Acceptance Date:
By:
By: Tilee 771am?Cor
Tyler Hampton, Project Engineer
Customer Name: By,
Title: Approval Date:
11-9)
PROMMANCE
PROPOSAL
Exclusions:
° Price Excludes Washington State Sales Tax.
° Price Excludes removal ofany building materials not identified inscope.
* Price Excludes overtime.
Assumptions:
w This proposal inbased Vnone mobilization.
w Owner bzprovide havdowmarea for tools and equipment.
= Price includes necessary equipment rentals and disposal.
w Price does not include furnishing ofbonds. |fbonds are required, add 1%Uothe base price.
Contractual Clarifications
* C(]NTRACTOR's price is based on clarifications stated in this proposal (and is conditional upon
acceptance of mutually agreed -upon contract terms and conditions). CONTRACTOR'S attached
Standard Terms and Conditions, including CDNTRACTOR'o Standard Insurance, will apply to this
project.
• Protection nffinished Work isexcluded. CONTRACTOR'nWork must beapproved and accepted nnan
area -by -area basis prior to removal of scaffolding and other equipment necessary to perform the Work.
Once approval has been given and such equipment has been removed, and CONTRACTOR has left the
area, CONTRACTOR cannot beresponsible for damage toits Work.
• Any damage kx CONTRACTOR'aVVo,k. which is not specifically caused by CONTRACTOR, will be
considered damage byother trades. CONTRACTOR will becompensated for any repairs ofdamage by
others via change order 0othe subcontract.
• CONTRACTOR will be reimbursed for material received and stored in vvmrohouna or pre -stocked at
'obsito.
° This proposal is per existing plans and specifications. All necessary deaign, architectural and
engineering oerv|oen, whether already performed or contemplated', shall be provided by others. This
qualification overrides any condition requiring CONTRACTOR to furnish such services. Any assistance
given to the Owner's or General Contractor's design professionals is furnished as an accommodation to
the Owner and/or General Contractor, and such oendnos do not make CONTRACTOR liable or
responsible for any design Work. The Owner's design professionals shall approve any required shop
drawings. 8bup drawings submitted by CONTRACTOR do not constitute deniQn, architectural or
engineering services, and any shop drawings shall be deemed to be approved by the appropriate design
professionals working for the Owner and/or General Contractor unless CONTRACTOR is, promptly
notified of needed modifications. Any contract awarded ohe|| specify that dealgn, architectural and
engineering services are the responsibility ofothers.
* Notwithstanding anything in the Bid, Documents to the contrary. CQNTRACTOR'o scope of Work shall
include only that Work specifically enumerated or described in this Proposal. Any additional work ohmU
require awritten change order.
Commercial Clarifications:
° This proposal iobased onmnormal 4U-hourweek. Noshift work orpremium time has been included.
• CONTRACTOR will provide equipment and other safety precautions for the protection of
CONTRACTC>R'm workers only
0 Adequate area must be provided for the lay down, staging, and storage of CONTRACTOR's materials.
n-9m
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w This proposal is based on the assumption that the following facilities and aa/vkmm will be provided by
others: Parking.
Technical Clarifications:
~ CONTRACTOR'o pricing and proposal Includes: All necessary |abnr, supervision, oonaumnableu,
mabehn|a and disposal; all required regulatory ponnito` applicable engineering controls, including HEPA
filtered equipmant, negative pressure endosumya, decontamination units where feasible or demarcated
areas, OSHA required personal air monitoring; asbestos general liability insurance of$1.0OO.00O; one
mobilization and demobilization to project site; and close out documentation.
m CONTR)\CTC>R'o pricing and proposal Excludes anything' not specifically identified in the plans and
specifications. Further exclusions are:
w ACM which iaconcealed, bwhadorinaccessible inany way.
* Removal of any other hazardous materials, whether contaminated with asbestos or not.
° Required third party air clearances for contained areas.
* Removal of electrical, H\A\C, pneumatic orother mechanical items in order to access ACM, unless
specified incontract documents,
° Lockout tag out ofelectrical, HV/\Corsprinkler systems.
° Repairs of surface blemishes such as chips, cracks, scratches or minor paint peeling due to containment
construction.
Schedule:
m CONTRACTOR shall be afforded the opportunity to establish the activities and working time necessary
0operform and complete the Work included |nthis proposal.
° This proposal is predicated upon the Work being released to CONTRACTOR iw an orderly and logical
sequence.
* In the event CONTRACTOR is unable to finish the Work on orabout the scheduled completion date
through no fault of its own, CONTRACTOR shall be entitled to additional compensation for escalation of
cost, lost efficiency factor, or any other cost resulting from the delay, plus overhead and profit.
Cham9es:
• The cost ofany extra Work, mmodifivatiunm, or additions required byjoboba conditions or directed by
CONTRACTOR shall boadded tocontract price plus 15%for markup and fee. CONTRACTOR shall be
entitled to payments for said extra Work, as directed by Customer, whether issued verbally or in writing.
The jobmi\e representative of Customer shall have authority to authorize extra VVork, modifications, or
additions as outlined above, and to commit Customer to make payment therefore.
w No charges will be made to C{}hJTRACTOR'a account for Work performed or mmtmhm| furnished by
others, without notifying CONTRACTOR and receiving its written approval before proceeding with such
Work.
11-q*
IIJLsts
PERFORMANCE Standard Terms and Conditions
ABATEMENT SERVICES INC
The Work: CONTRACTOR will supply and perform only that work specifically described herein (the
"Work"), notwithstanding anything to the contrary contained in any bid documents presented by the
Customer (the "Bid Documents"), It is specifically understood that the scope of work described herein
shall supersede anything to the contrary provided to the Bid Documents. The asbestos removal Work
shall be done one floor/area at a time. Any workto be done beyond that described herein shall require
that a change, order be executed. Customer shalt notify CONTRACTOR if CONTRACTOR's work is to
be stopped upon reaching any aggregate contract sum.
Disposal: Notwithstanding anything herein or in any Bid Documents to the contrary, unless
specifically slated otherwise, CONTRACTOR's Work shall not include the disposal or hauling of any
asbestos or any asbestos containing materiel ("ACM"') and title to such asbestos or ACM shall never be
in the name of CONTRACTOR for any reason whatsoever.
Schedule: CONTRACTOR will supply ,and perform the Work in accordance with the schedule (the
"Schedule") described herein, or in the absence thereof„ in accordance with the Bid Documents.
CONTRACTOR's obligation hereunder is based upon the Schedule, both as to duration and sequence.
In the event of any significant change in the Schedule, the contract price and the Schedule shall be
equitably adjusted. In the event CONTRACTOR is delayed in its Work or Is otherwise required to
accelerate or resequence its Work for reasons other than the fault of CONTRACTOR or others under
CONTRACTOR'S contro'I, then CONTRACTOR shall be entitled to additional compensation,.
Work Week: Customer will cooperate with CONTRACTOR in scheduling all Work, including
disconnections, reconnections, interruption of services and utilities, and similar matters. In the event
that Customer requires CONTRACTOR to work outside of normal daytime business hours,
CONTRACTOR shall be entitled to additional . compensation for such overtime,.
Guarantee: CONTRACTOR, warrants and guarantees that its Work will be performed in compliance
with all Federal, State and/or Local regulations and, at the time of Customer's acceptance inspection,
will meet the specifications in the Contract Documents specifically relating to CONTRACTOR's Work..
CONTRACTOR'S obligation to repair or replace defective Work will expire one year from the completion
of CONTRACTOR's Work, THIS WARRANTY IS IN LIEU OF ANY WARRANTIES PROVIDED IN THE
BID DOCUMENTS AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. CONTRACTOR's liability is limited to the foregoing and it shall not in any case be liable for
Indirect, incidental, consequential or special damages of any kind,
Insurance: CONTRACTOR. shall supply workers compensation insurance in the form and amount
required by law. CONTRACTOR shall supply general liability insurance, evidenced by its standard
certificate of insurance,the price of which shall be included in the bid price unless otherwise specified
hereon. Additionally, CONTRACTOR shall obtaininsurance specifically regarding Viabilities resulting
from asbestos abatement and removal activities, the cost of which shall be paid by the Customer unless
otherwise specified herein.
Protection of Work: CONTRACTOR shalt be responsible for protecting. the Work, or portions
thereof, during the time the Work or portions of it are under itscontrol; provided, however, that during
such time, CONTRACTOR shall not be responsible for loss or damage caused by others, nor far any
damages whatsoever while CONTRACTOR is not on site.
Storage and Facilities: Customer will provide at its expense sufficient storage space to
CONTRACTOR„ which Is fully protective of materials and equVprrrent furnished for the Workat the place
of performance of the Work. Customer wilt provide at its expense all light, heal, power and water which
is required by CONTRACTOR for performance of the Work in the custom and practice of
CONTRACTOR's trade.
Taxes: Customer will pay for any and all taxes which are now or may be imposed on the Work by any
Federal, State or Local taxing authority, Yaw, ordinance, rule or regulation, unless otherwise specified
herein.
Bonds: Upon the request and at the expense of Customer, CONTRACTOR will furnishperformance
and payment bonds written by a corporate surely. The cost of any such bonds is not included inthe bid
price and shall be paid for by Customer.
Indemnity: CONTRACTOR will indemnify and hold harmless Customer from all or such portion of
such loss or damage to persons or property to the extentarising directly from CONTRACTOR's
performance of She Work and which Ys caused solely by the willful misconduct or negligent acts of
CONTRACTOR, itsemployees, or anyone under its control. Customer will Indemnify and hold harmless
CONTRACTOR from at or such portion of such loss or damage to persons or property to the extent
arising directly from the willful misconduct or negligent acts of Customer„ its employees or anyone under
its control, including other contractors.
Payments: For Work commenced and completed in any one calendar month, Customer will pay the
full contract price in full upon the completion and acceptance of the Work. Otherwise, all progress
payments for the value of the Work completed plus the amount of materials and equipment suitably
stored onor off site, and final payment, shall be paid by the Customer to CONTRACTOR within thirty
(30) days after the Customer's receipt of CONTRACTOR's payment application therefore.
Inspection and Acceptance: CONTRACTOR's Work with respect to asbestos removal on each
floor/area shall be considered complete when CONTRACTOR notifies Customer that the Work on said
floor/area has been completed in accordance with the specifications. The Customers inspection of the
Work shall take place within twenty-four (24) hours from receipt of notice from CONTRACTOR.
Customer's acknowledgement on the Acceptance Form shall constitute acceptance of the Work
Retention: For Work completed, ninety-five percent (95%) of the contract value of Work performed
during each payment period will be payable asprovided above up to a maximum retention of
$5() 00 t.00. In any event, the fur balance of the contract price shall be payable in full upon completion
and acceptance of the Work,
Late Payments: All sums not paid to CONTRACTOR whendue, whether progress payment, final
payment or retention, shall bear an Interest rate of one and one-half percent (fi,Y%) per month or the
maximum legal rate permitted by law, whichever is less; and all costs of collection, including a
reasonable attorney's fee, shalt be paid by Customer,
Changes: CONTRACTOR may only be ordered in writing by the Customer to snake changes in the
work within the general scope of the Work consisting of a,ddilions, deletions, changes to the Schedule in
duration or sequence, or other revisions, and the contract price and the Schedule shall be adjusted
accordingly. Before starting the changed Work, CONTRACTOR will submit to the Customer a request
for adjustment to the contract price and/or the Schedule. CONTRACTOR will not commence any such
changed or revised Work until receipt of a written change order from the Customer incorporating an
adjustment to the contract price and/or Schedule in accordance with the above. in the event that
CONTRACTOR encounters asbestos or ACM not included in the scope of Work, CONTRACTOR shall
notify Customer, and removal of such ACM shall be by change order submitted by CONTRACTOR. In
the event the Work isreduced by mutual agreement of Customer and CONTRACTOR, such agreement
shalt include an equitable increase in the Contract Sum due to CONTRACTOR for each floor/area on
which the Work was performed. Customer's acknowledgement on the Acceptance Form shall constitute
acceptance of CONTRACTOR's Work on such floor/area as meeting all requirements of the Agreement
and the Contract Documents. The Contract Sum shall be increased for increases in the cost to
CONTRACTOR of labor, materials and disposal.
Force Majeure: CONTRACTOR shaV'Inotbe responsible for delays or defaults where occasioned by
any causes of any kind and extent beyond its conlrai, Including but not limited to: delays caused by the
Owner, Customer, other subcontractors, architect and/or engineers, delays in transportation„ shortages.
of raw materials, civil disorders, acts of the government, either In its sovereign or contractual capacity,
labor difficulties or shortages, vendor allocations, freight embargoes, fires, floods, epidemics, quarantine
restrictions, accidents, unusually severe weather, and acts of God. CONTRACTOR shall be entitled to
an equitable adjustment In the Schedule and Contract Sum for such delays as described above.
Customer Supplied Property: If the Work described herein requires Customer to supply materials,
equipment or other property, then Customer warrants that such items shall be fit for the use for which
they were intended. If such items do not conform, CONTRACTOR shall notify Customer within a
reasonable time after CONiTRACTOR's notice of the nonconformance and CONTRACTOR may request
additional compensation by change order.
CONTRACTOR Supplied Property: Whenever the Customer, its employees, contractors and
subcontractors (other than CONTRACTOR) use ladders, scaffolding, tools„ vehicles, equipment or
property of any kind, either owned or rented by CONTRACTOR, Customer shall indemnify and hold
CONTRACTOR harmless from any and all claims, demands, damages, causes of action and suits of
whatsoever nature and kind, arising aut of or connected... with the use of such, except when caused by
the sole active negligence of CONTRACTOR..
Differing Site Conditions: If CONTRACTOR encounters conditions at the site differing materially
from those indicated in the Bid Documents, or unknown physical conditions at the site of unusual nature
differing materially from those ordinarily encountered by CONTRACTOR's trade, then CONTRACTOR
shall promptly notify the Customer, stop its Workand await instructions from Customer. if such
conditions cause a change in the cost of, or the time required for, performance of any portion of the
Work, an equitable price adjustment shall be made and the Schedule modified accordingly.
Notices: Any notice or written claim required to be submitted to the Customer on account of charges,
extras, delays, acceleration, or otherwise, shall be furnished within a reasonable time period, and in a
manner to permit the Customer to satisfy the requirements of the Contract, notwithstanding any shorter
time period otherwise provided therein.
Liens: Nothing shall serve to void CONTRACTOR's right to file a lien or claim an Its behalf in the event
that any payment to CONTRACTOR is not timely made
Damages: Notwithstanding anything to the contrary in the Bid or Contract Documents, CONTRACTOR
will in no event be liable for consequential, incidental or special damages of any kind for any reason
whatsoever, whether arising in contract, tort or equity. This release includes but is not limited to claims
of negligence.
Preparation of Work Areas: The Customer shall prepare all Work areas so as to be acceptable for
mobilization by CONTRACTOR, CONTRACTOR wilt not be called upon to start Work until sufficient
areas are ready to ensure continued Work until job completion, CONTRACTOR shall not be responsible
for damage to any property (a) which is to be replaced by Customer, or (b) which is damaged as a result
of removal by CONTRACTOR prior to performance of the Work ,n order to perform Work despite
CONTRACTOR exercising reasonable care to prevent damage.
Termination and Suspension: If the Customer does not. pay CONTRACTOR in a timely manner
within seven (7) days from the time payment should be made asprovided herein (except where such
nonpayment is due to defective Work by CONTRACTOR or ether material breach by CONTRACTOR),
then CONTRACTOR may, without prejudice to any other remedy it may have, upon two (2) additional
days' written notice to the Customer, stop Its Work until payment of the amount owing has been
received. In the event CONTRACTOR resumes its Work, the Schedule shall he equitably adjusted, and
CONTRACTOR shall incur no Viability for such termination. Further, the contractprice shall, by
appropriate adjustment, be increased by the amount of CONTRACTOR'S reasonable costs of shutdown,
delay and startup. Further, if CONTRACTOR's Work is terminated or suspended far the convenience el
the Customer or any other party, then CONTRACTOR shall be paid for all Work performed to -dale„ for
equipment and materials already ordered, and for CONTRACTOR's costs of early termination, or in the
case of suspension, CONTRACTOR's costs of shutdown, delay and startup. Notwithstanding anything
herein to the contrary, CONTRACTOR shall not be liable for any damage while CONTRACTOR Is not,
on site.
Waiver: CONTRACTOR's waiver of any term herein shall not be construed as a waiver of such terms
at any subsequent time.
Recordkeeping: The Customer and CONTRACTOR shall both be required to maintain their records
for al least a thirty (30) year period. This set of records shall include, but is not limited to, acceptance
documents, reports of hazard assessments, governmental notifications, medical surveillance, employer
releases, disposal records, record of equipment use, bulk analysis and air monitoring results, plans and
specifications, documents dealing with employee training, documents showing proper worktechniques,
work logs and diaries, warning signs and notices, types of encapsulents used, policies and procedures
regarding safety equipment, decontamination procedures, interim and final inspection forms, emergency
procedures, governmental inspection reports.
Cooperation and'.... Safety: CONTRACTOR shall have exclusive use of the workspace unless
CONTRACTOR consents otherwise. CONTRACTOR's Work shall be performedin accordance with all
applicable requirements of the Environmental Protection Agency,, OSHA and other Federal, State and
Local regulations relating to asbestos removal. Customer will cooperate with CONTRACTOR in all
respects and take all necessary actions to enable CONTRACTOR to meet all such requirements with
respectto the Work and the Project. Customer will cooperate with CONTRACTOR to assure that all
areas where the Work is being performed are closed to access by unauthorized persons. Customer
shall provide adequate security, including security personnel, to prevent unauthorized entry into
CONTRACTOR's Work areas. The Customer will ensure that its employees, representatives, agents
and tenants will abide by at safety procedures applied by CONTRACTOR on the Project.
CONTRACTOR shalt provide for its Work all safety signs, direction signs and warning signs for the
Project in accordance with statutory requirements. All visitors to the Work areas shall be required to
comply with CONTRACTOR's safety requirements. The Customer agrees that CONTRACTOR's
insurer's representatives shall have the right to inspect CONTRACTOR'S Work and Project without.
hindrance. The Customer agrees that it shall notperform any work or engage any other contractor or
person to perform work within the abatement areas. CONTRACTOR shall not be required to continue
the Work if a dispute arises out of, relates to, or results from, an actual or alleged breach of safety
requirements relating to asbestos or an inability on CONTRACTOR's part to comply with the safety
requirements.
Legal Effect: This proposal offers to the Customer the, terms and conditions upon which
CONTRACTOR, will perform the Work described herein and is made without regard to any of the
provisions in the Bid Documents not expressly incorporated herein by reference or otherwise agreed to
in writing signed by CONTRACTOR. Acceptance of the proposal is expressly limited to the terms stated
herein. Additional or inconsistent terms of Customer's form or other documents are objected to and
rejected and shall be deemed a material alteration thereof. Upon acceptance, this proposal wPV1
represent the entire agreement of the parties with regard to performance and payment for the Work.
The proposal may be changed or withdrawn at any time prior to acceptance by notice to the Customer
and will be deemed withdrawn if not accepted by the Customer within thirty (30) days from the date
hereof.
PERFORMANCE
ABATEMENT SERVICES INC
PROPOSAL
Performance Abatement Services
Standard Insurance
The insurance in force for Performance Abatement Services provides one of the most comprehensive
coverages avmi|allo. Evidence ofour coverage will be provided on the standard ACORO Certificate of
Insurance form. This standard, approved form is issued in compliance with requirements of the Insurance
Service Office of the Uo|hyd States and is o recognized document used to provide evidence of insurance
coverage inforce. NOOTHER DOCUMENT |GAPPROVED BYISO FOR THIS PURPOSE, AND NO
OTHER FORM WILL BE PROVIDED,
PAS Standard Coverage
| Commercial General Liability (1988 occurrence fo«nn), including broad form extensions and
contractual liability.
$1.0OO.00OGeneral Aggregate*
$1.OU0.OQOProd uoto/Comp|abadOperations Aggregate
$1.0UU.O00Personal/Advertising Injury
$1,0UO.88DEach Occurrence
$ 50O,O00Fire Legal
8 5.000Medical Expense
$25.00O.000Policy Aggregate Limit*
Deductible of$1,88Oproperty damage per claim
U. Business Automobile Liability (provides coverage for all autos owned, nun-owmed, leased or hired.)
$1.OQ8.00OCombined Single Limit
||l. Workers Compensation (statutory)
$1'000.000 Employers Liability
|V. Umbrella (This policy provides additional coverage over General Liability, Automobile Liability, and
Employers Liability.)
The Upper Tier Contractor, General Contractor and/or the Owner can be named as additional insured on
our policy and can be named as primary, as long as the novmnygo is limited to the extent of PAS'a
contractual obligations.
ANY REQUIREMENTS ADDITIONAL TO THE ABOVE COVERAGE. INCLUDING BUT NOT UYN[TB]
TO THE FOLLOWING, ARE HEREBY EXCLUDED FROM THIS PROPOSAL:
• Waivers mexclusions ofsubrogation.
• Providing more than 30days prior notice cfcancellation,
• Any requirement for prior notice ofexpiration cxchanges incoverage.
• Project -specific aggregate 8mito.
• Any indemnification/hold harmless clauses which require that PAS hold other parties harmless for
^ their own acts.
11ou