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HomeMy WebLinkAbout19-130 - PCI Democon - House Demolition at 15026 42nd Ave SCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES 19-130 Council Approval 7/15/19 Contract Number: LEJVLD This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and PCI DEMOCON, hereinafter referred to as "the Contractor," whose principal office is located at 7415 W Bostian Rd., Woodinville, WA 98072 WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perfor and conditions; now, therefore, such services pursuant to certain terms IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: . 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. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $49,477.00. 3. 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. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing September 23, 2019, and ending November 23, 2019, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. \5 og CA Revised December 201.6 Page 1. of 4 � Indemnification. The Contractor shall defend, indemnify and hold the Public Entitv, its offioora. OffiCi8lS, employees and vQ|un188rS harmless from any and all cioinoS, injuries, damages, losses orsuits includi,ng attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence cfthe Public Entity. Should Gcourt qfcompetent jurisdiction determine that this Agreement issubject 0}RCVV4.24.115. Ul8n' 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 Public Entity, its OffiC8r8. OffiCiG|S. employees, and volunteers, the Contractor's liability hereunder Sh@U be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CoA<r@C1D/G waiver of innnlunib/ under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the par -ties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. |msunamcm' The Contractor shall procure and maintain for the duration of the Agreement, insurance msto|oinonforinjuries to parsons ordamage bJ property which may arise from or in connection with the performance Of the work hereunder by the ContrnC1or, 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 bysuch insurance, Orotherwise limit the City'srecourse Lo any remedy available 8tlaw Orinequity. A. Minimum Scope of Insurance. Contractor uhGU obtain insurance of the types and with the |inlhs described below: 1 . Automobile Liability insurance with a nniDirnWFO combined single limit for bodily injury and property damage of$1.00Q,UC0 per accident. Automobile D8bi|ib/ |nSUr@nma shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (|SC}) form CA 00 01 or a substitute form providing equivalent liability coverage. If n8CesGmry, the policy shall be endorsed to provide contractual liability coverage, 2. Conlrngncia| General Liability insurance with hnlita no less than $1.000,000eonh occurrence, $2.00O.00Ogeneral aggregate and $2'008.OU0prod uCts-conlp|etedoperations aggregate limit. Commercial General Liability insurance shall be as least at broad as |S{} occurrence form CG 00 01 and shall Cover liability arising from prernineS, operations, independent contractors, prod ucts-conlp|eted operadonn, stop gap |i8bi|ity, personal injury and advertising injury, and 0mb||ity assumed under an insured contract. The Commercial General Liability insurance shall be endorsed toprovide aper project g8nereUmggregato|imlitusing[S[)foron[|G25O3D5O9or 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 oddidOD8| insured under the Contractor's COnnnlg[Ci@y General Liability insurance policy with respect to the work performed for the City using |G[) Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing atleast aabroad coverage. 3` Workers' Compensation coverage as required by the Industrial Insurance laws of the State of CARevised December 2O18 Page 2nf4 B. Other Insurance Provision. The Contractor's Automobile Liability and Connrnencio| General Liability insurance policies are to tVotain. Or be endorsed to contain that they 8h8U be primary insurance with respect to the City. Any iRSuraOce, self-insurance, or insurance pool coverage maintained by the City shall be 8xC8GG of the Contractor's insurance and shall not contribute with C. Acceptability of Insurers. Insurance is to be cAmcod with insurers with a ournen1A.M. Best rating of not less than A: VI I. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsernentS, including but not n8CeGGmh|y limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance po|icies, including endoroennents, required in this Agreement and evidence of all subcontractors' coverage, E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, ifany, lobe obtained by subcontractors, which determination shall bo made iqaccordance 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 G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required nhsd| constitute a mq8t8h@| breach of contract, upon which the City may, after giving five business days notice tothe Contractor tocorrect the breach, immediately terminate the contract or, at its discretion, procure urrenew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on dernand, or at the sole discretion ofthe City,offset against funds due the Contractor from the City. 8. Record Keepinq and Reporting. A. The Contractor sh8U rnaimtGin accounts and reCords, including pe[Sonnel, pn)perty, financial and progngnnnnadC records vvh|oh sufficiently and properly reflect all direct and indirect costs of any nature expanded and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission &odestroy them isgranted bythe office Ofthe archivist inaccordance with RCVVChapter 40.14 and by the City. 9' Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to imspecdon, review or audit by |8vv during the performance of th,is Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the Cit/s intention to terminate the 9GOle. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City Shs|| have the right to terminate this Agreement immediately. 11'0iscrirmimatimn Prohibited. The Consultant, with regard to the work performed by it under this AgreenDent, will not discriminate on the grounds 0frace, neUg|om, oreeU, color, national origin, age, veteran status, S0x' sexual Oriemt@ti0m, gender identity, marital status, political affi|igdgn, the presence of any disability, or any other protected C|@SS status under state or federal |am/, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 4 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. 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. 14. 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. 15. 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. 16. 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. DATED this 5th day of September , 2019 Allan Ekberg, Mayor0.1 ATTEST/AU TICATED: City Clerk, Christy O'Flaherty APPROVE AS TO FORM: Office of the City Attorney 0,401 feu) Ts...ol Aso-. c »Ow At CONTRACTOR By: W. Kirk Baker For,McM Name PCI DEMOCON 7415 W Bostian Rd VVoodinviile, WA 98072 CA Revised December 2016 Page 4 of 4 7415 W. Bostian Rd., Woodinville, WA 98072 (425) 806-8404 phone (425) 806-7404 fax EXHIBITS A & B PROPOSAL To Customer: City of Tukwila A TTN: Jim Toole Date: November 9, 2018 Pages sent: 5 pages Job Name Location Structure Demolition Tukwila, WA. PCI Democon (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: PCI Dcmocon is providing our bid proposal for the structure demolition work as noted below. 'Please note thc clarifications, qualifications. and exclusions listed within this proposal. Demolition & Abatenient Scope of Work: Demolition of: Residential (2) story structure and a singlc-story garage including concrete foundations from existing site. AM concrete slahs and foundations will he hauled off for recycling. Drawings included in this proposal arc: N/A Addcndums included in this proposal: N/A Rough Grade finish One (I) Mobilization. Additional mobilizations will be at a cost of $ 1,500.00 ea. Demolition Proposal S 49,477.00 PRommANa. INIMMININNIMMINIME 7415 W. Bastian Rd., Woodinville WA 98072 (425) 806-8404 phone (425) 806-7404 fax PROPOSAL Bid Oualifications: • Proposal based upon full unobstructed access to the work area until completion of PCI Democon's work. • Proposal based on PCI providing a comprehensive hazardous material survey of the project. • Proposal based on PC1 rough grading and hydroseeding the site upon completion of demolition. • Proposal based on full use of the site for demolition and abatement activities. • Proposal based on PCI installing a silt fence on the east side of the property prior to demolition activities. • Proposal based on all demolition work to be within the building drip lines. • Proposal based on PCI clearing vegetation from the site once demolition is complete. • Proposal based on Proposal is based on a 5-6 day anticipated time frame for demolition. • Proposal is based on removing all concrete slab and foundations. • Proposal based on PCI rough grading site on demolition affected area. • Proposal based on there being no active utilities connected to any structure. • Proposal based on all hazardous materials to be removed by others prior to detnolition. • Proposal based on all items to be salvaged for reuse shall bc removed, by others, prior to commencement of demolition. • Proposal is based on nonnal business hours work. • Proposal based upon the specific scope of work listed -above. Any work not specifically listed in the, -Demolition Scope or Work" section of this proposal is the responsibility of others. • PCI Democon price is based on clarifications stated in this proposal and is conditional upon acceptance of mutually agreed -upon contract terms and conditions. Specific Exclusions: • Anything removed for reinstallation/re-location, removal or disposal of any hazardous materials, bracing or shoring of structure or items to remain, protection of items to remain. UST's, save or salvage items, premium time, building security, engineering drawings or fees. WSST, and any demolition not specifically shown or noted above. We would like to thank you for the opportunity to provide you with our proposal for this project. Proposal is guaranteed for 30 days. Respectfully Submitted, PCI Democon Sham vv S wthtiv Shawn Smith Senior Estimator / Project Manager WNW Standard Terms and Conditions The Work: CONTRACTOR will supply and perform only that work specifically described herein f the "Work"), notwithstanding anything to the contrary contained in any bid documents presented by the Customer (the "Bid Documents"). 11is specifically understood that the scope of wok described herein shall supersede anything to the contrary provided in the Bid Documents. The asbestos removal Work shall be done one floor/area at a time. Any work to be done beyond that described herein shall require that a change order be executed. Customer shall notify CONTRACTOR if CONTRACTORS 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 stated otherwise, CONTRACTOR's Work shall not include the disposal or hauling of any asbestos or any asbestos containing material ("ACM") and tide to such asbestos or ACM shalt never be in the name of CONTRACTOR for any reason whatsoever. Schedule: CONTRACTOR wit 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 its delayed in Its Work or ins otherwise. required to accelerate or resequenoa its Work for reasons other than the fault of CONTRACTOR, or others under CONTRACTORS control, then CONTRACTOR Shall be entitled to additional compensation. Work Week: Customer will cooperate wile. CONTRACTOR. in scheduling ail 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 andfor Local regulations, and, at the time of Customer's acceptance Inspection, will meet the specifications it the Contract Documents specifically relating to CONTRACTOR's Work. CONTRACTOR'S oblugatton 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 Itablity is tented 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 herein, Additionally, CONTRACTOR shall obtain insurance specifically regarding liabilities resulting from asbestos abatement and removal activities, the cost of which shall he paid by the Customer unless otherwise specified herein. Protection of Work: CONTRACTOR shall be responsible for protecting the Work. or portions thereof, during the time the Work or portions of it are under its control; provided, however, that during such time, CONTRACTOR shall not be responsible for loss or damage caused by others, nor for 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 equipment furnished for the Work at the place of performance of the Work. Customer will provide at its expense all light, heat, powerand water which is required by CONTRACTOR for pertorntance of the Work in the custom and practice of CONTRACTOR'S trade. Taxes: Customer wilt pay for any and all taxes which are now or may be imposed on the Work, by any Federal, Slate or Local taxing authority, law, ordinance, rule or regulation, unless otherwise specified herein. Rends: Upon the request and at the expense of Customer, CONTRACTOR will furnish performance and payment bonds written by a corporate surety. The cost of any such bonds is not included in the bid price and shall be paid for by Customer. Indemnity: CONTRACTOR. will indemnity and hold hamiless Customer from all or such pmiiorr of such loss or damage to persons or property to the extent arising directly from CONTRACTOR's performance of the Work and which is caused solely by the willful misconduct or negligent acts of CONTRACTOR, ils employees, or anyone under its control. Customer will indemnify and hold harmless CONTRACTOR from all or such portion of such loss or damage to persons or properly 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 fu11 contract price in full upon the completionand acceptance of the Work. Otherwise, all progress payments for the value of the Work completed pies, the amount of materials and equipment suitably stored on,. or off site, and final payment, shall be paid by the Customer to CONTRACTOR within thirty (30) days atter the Customer's receipt of CONTRACTOR'S payment application therefor. Inspection and Acceptances 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 Customer's inspection of the Work shall take place within twenty-four (24) hours from receipt of notice from CONTRACTOR. Customer's acknowledgementon 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 as provided above up to a maximum retention el $50,000.00. In any event, the full balance of the contract price shall be payable in full upon completion and acceptance of the Work. Late Payments and Attorney's Fees: All sums not paid. to CONTRACTOR when due, for whatever reason, shall bear an interest rate of one and one-half percent (1 is 1) per month or the maximum legal rate permitted by law, whichever is less', and all costs of collection, including a reasonable attorney's tee, shall be paid by Customer. Changes: CONTRACTOR may only be ordered in writing by the Customer to make changes in the Work within the general scope of the Work consisting of additions, deletions, changes to the Schedule in duration or sequence, or other revisions, and the contract price and the Schedule shall be adjusted accordingly- Before startingthe changed Work, CONTRACTOR will submit to the Customer a request for adjustment to the contract price andfor 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 andfor Schedule in accordance with the above. In the event that CONTRACTOR encounters asbestos or ACM net included in the scope of Work, CONTRACTOR shall notify Customer, and removal of such ACM shalt he by change order submitted by CONTRACTOR. In the event the Work is reduced by mutual agreement of Customer and CONTRACTOR, such agreement shall include an equitable increase in the Contract Sum due 10 CONTRACTOR for each ftoorfarea on Aida the Work was performed. Customer's acknowledgement on the Acceptance Fenn shall constitute acceptance of CONTRACTORS Work on such floor/area as meeting all requirements of the Agreement and the Contract Documents. The Contract Surat shall be increased for increases in the cost to CONTRACTOR of labor, materials and disposal. Force Majjeure: CONTRACTOR shall not be responsible for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to. delays caused by the Owner, Customer, other subcontractors, architect andfor 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 Intendedif such ftume do not confomt, CONTRACTOR shalt notify Customer within a reasonable bate after CONTRACTOR's notice of the nonconformance and CONTRACTOR may request additional compensation by change order. CONTRACTOR Supplied Property: Whenever the Customer, its employees, contractors and subconiractors (other than CONTRACTOR) use ladders. scaffolding, tools, vehicles, equipment or property of any kind, either owned or rented by CONTRACTOR. Customer shall indemnity and hold CONTRACTOR harmless from any and all claims, demands, damages, causes of action and suits of whatsoever nature and kind, arising oat of or connected with the use of such, except when caused by the sole active negligence of CONTRACTOR. Differing Site Conditions: It 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, slop its Work and await instructions from Customer. If such conditions cause a change in the cast of, or the time required for, pertorrnance 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 ilen or claim on its behalf In the event that any payment to CONTRACTOR is not timely made. Damages: Notwithstanding anything to the contrary in the Bid or Centred Documents, CONTRACTOR MI 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 will not be called open 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 10 be replaced by Customer, or tb) which is damaged as a result of removal by CONTRACTOR prior to performance df the Work in 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 as provided herein (except where such nonpayment is due to defective Work by CONTRACTOR or other material breach by CONTRACTOR), then CONTRACTOR may, without prejudice to any other remedy it niay 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 be equitably adjusted, and CONTRACTOR shall incur no liability for such termination. Further, the contract price shall, by appropriate adjustment, be increased by the amount of CONTRACTCR's reasonable costs of shutdown, delay and startup, Further, if CONTTRACTOR's Work Is terminated or suspended for the convenience of the Customer or any other party, then CONTRACTOR shall be paid for all Work performed to -date, for equipment and materials already ordered, and for CONTRACTOR's costs of early termination, or in the caseof suspension, CONTRACTOR's costs of shutd'cwn, delay and startup. NoMrithsianding 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 at 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 work techniques,. work logs and diaries, warning signs and notices. types of encapsulenls 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 shallbe performed in accordance with all applicable requirements elf 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 respect to 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 all safety procedures applied by CONTRACTOR. on the Project. CONTRACTOR shall provide provide for tits Work all safely signs, direction signs and warning signs for the Project in accordance with statutory requirements. All visitor 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 riot perform 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 otters 10 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 notexpressly 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 will represent the entire agreement of the parties with regard to performance and payment for the Work. The proposal may be changed 01 withdrawn al 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. 7415 W. Bostian Rd., Woodinville, WA 98072 (425) 805-8404 phone (425) 806-7404 fax Contractual Clarifications PROPOSAL • CONTRACTOR'S price is based on clarifications stated in this proposal (and is eonditional upon acceptance of mutually agreed -upon contract terms and conditions). CONTRACTOR'S attached Standard Terms and Conditions, including CONTRACTOR's Standard Insurance, will apply to this project, • Protection of finished Work is excluded. CONTRACTOR'S Work must be approved and accepted on an 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 be responsible for damage to its Work, • Any damage to CONTRACTOR'S Work, which is not specifically caused by CONTRACTOR, will he considered damage by other trades. CONTRACTOR will bc compensated for any repairs of damage by others via change order to the subcontract. • CONTRACTOR will be reimbursed for material received and stored in warehouse or pre -stocked at jobsite, • This proposal is per existing plans and specifications. All necessary design, architectural and engineering services, 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 services do not make CONTRACTOR liable or responsible for any design Work. The Owner's design professionals shall approve any required shop drawings. Shop drawings submitted by CONTRACTOR do not constitute design, architectural or engineering services, and any shop drawings shall be deemed to be approved by the appropriate design professionals working fur the Owner and/or General Contractor unless, CONTRACTOR is promptly notified of needed modifications. Any contract awarded shall specify that design, architectural and engineering services are the responsibility of others. • Notwithstanding anything in the Bid Documents to the contrary. CONTRACTOR'S scope of Work shall include only that Work specifically enumerated or described in this Proposal. Any additional work shall require a written change order. • CONTRACTOR shall not be responsible for damaged work in place arising from or relating to weather, environmental conditions, or other parties, except to the extent that such damage is covered by insurance (excluding deductibles). • As used in this Proposal, "costs- shall .mean all costs associated with thc performance of the Work, including, but not limited to supervisory costs, engineering costs, and all other expenditures reasonable and necessary to complete the Work required under the terms of this Proposal, or any modification thereto. • 888, 0.8888, (I±, 1)8818888i dc,,,,7,,y; (,e")•,,11 1e888888 a'8,/ 8",,V8t888 (1188 28888880-86///888, 0'88 1888/J,18,8' rH. 14, dcigy,1 cn,),:crly,1 ,,,Tri( 6,8+ 888'88 iUk8/ VS 108 (0i8 88188% 18816/088 8888888 18'4'1818088 8881188,188888‘, 8881%08888)8 ',I888880 18888888 d 8118!8.8. 88(/ (8):8 1( 70k (fh. 07/1 Commercial Clarifications: • This proposal is based on a normal 40-hour week. No shift work or premium time has been included. • CONTRACTOR will provide equipment and other safety precautions for the protection of CONTRACTOR's workers only. /citt00/0.iii („0, haw( re., cmc,i, lt",00, Hi, tHi /OP /4 4,, m 3/7',H11,0h}P ,11'v 1 h" )1'1 1, 11,. 1, /7) /4, IL11 inm, 'Writ 8i888(H8088, ivr88,818/8/ 188' 881 8,I8' (08888/8888 1818H MC /8888)8 ,88,8 888 iI.88883 (8881 8881 C‘,. Ili 0111'1 I CIC1711'(,nt ra'bh rYIP+h froh-y c,d7,`h (fth /oh rha c)88 8 8 74/5 W8��Rd., Woodinvifle,wwm80o (425) 806-8404phone (425) 806'740*faz Standard Insurance PROPOSAL The insurance in force for PC] Democonprovides one of the most comprehensive coverages available. Evidence of our coverage will be provided on the standard ACORD Certificate of Insurance form, This standard, approved form is issued in compliance wfth requirements of the Insurance Service Office of the United States and is a recognized document used to provide evidence of insurance coverage in force. NO OTHER DOCUMENT IS APPROVED BY ISO FOR THIS PURPOSE, AND NO OTHER FORM WILL BE PROVIDED. PCI DEMOCON Standard Coverage i Commercial General Liability (1986 occurrence form), including broad form extensions and contractual' liability. $1.O0O.UO0General Aggregate* $ 2.UOO.0OOProd unbs/Comp|etedOperations Aggregate $ 1.080.080Pnroona|A\dvmrhning Injury $ 1.0UO.D0OEach Occurrence $ 5O0.QOOFire Legal $ 5'080Medical Expense $25.00O,O0OPolicy Aggregate Limit* Deductible nf$1.000,property damage per claim U. Business Automobile Liability (provides coverage for all autos owned, non -owned, leased or hired.) $2000.800Cumbinod Single Limit ||(. Workers Compensation (statutory) $1.800.000 Employers Liability N. 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 insureds on our policy and can benamed aoprimary, enlong us the coverage iolimited buthe extent ofPC| DEMOCON'acontractual obligations. ANY REQUIREMENTS ADDITIONAL TO THE ABOVE COVERAGE, INCLUDING BUT NOT LIMITED TOTHE FOLLOWING, ARE HEREBY EXCLUDED FROM THIS PROPOSAL: m Waivers or exclusionsof subrogation. m Providing more than 30days prior notice ofcancellation. m Any requirement for prior notice ofexpiration orchanges incoverage. � Project -specific aggregate limits. � Anyindemnnifioa1inn/hm|d harmless clauses which require that PC| DEK8OCON hold other parties harmless for their own acts.