HomeMy WebLinkAboutMINUTES - 01222008 - C.34 r -
TO: BOARD OF SUPERVISORS =- o n ra
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR 'c0A Costa
DATE: January 22, 2008 - 'C'
CCounty
srA- C)—
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee to execute a contract with Asbestos
Management Group of California, Bay Point area. (District V) Project No. 4500-6X5489
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Asbestos
Management Group of California,Inc.,for demolition services in connection with the Orbisonia Heights project,in
the amount of$500,000, effective January 22, 2008 to September 30, 2008.
DECLARE that,should the award of the contract to Asbestos Management Group of California,Inc.,be invalidated
for any reason,the Board would not in any event have awarded the contract to any other bidder,but instead would
have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from re-
awarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the
contract or fails to furnish required bonds or insurance.
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CONTI UED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR R7A'r1ON'6AR,4ErAdD COMMITTEE
APPROVE OTHER
2�z�' a.,
SIGNATURE(S): QQ��
ACTION OF BO N Q2p`— APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
x COPY OF AN ACTION TAKEN AND ENTERED ON
\ UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Karen Laws(313-2228)
KAL:LAD:sr
G:\RealProp\Boazd Orders\2008\01-22-08 BO-Asbestos Management Group.doc ATTESTED
JOHN CULLEN,CLERK OVHE BOARD UF
SUPERVISORS
cc: County Administrator
Auditor-Controller(via R?P)
Redevelopment Agency(via R/P) nn
P.W.Accounting BY: 4f,' W DEPUTY
I
i
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee to execute a contract with
Asbestos Management Group of California, Bay Point area. (District V)Project No. 4500-6X5489
DATE: January 22, 2008
PAGE: 2 of 2
FISCAL IMPACT:
Payments under this contract are funded by the Contra Costa Redevelopment Agency. Costs will be charged directly
to the project.
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
In connection with the redevelopment of approximately 7.6 acres of the Orbisonia Heights subdivision,a residential
mixed-use,transit oriented development in Bay Point,the Redevelopment Agency has requested the County's Real
Property Division of the Public Works Department to assist in the demolition of approximately 35 parcels. The
demolition project includes demolition of the structures and landscaping.
CONSEQUENCES OF NEGATIVE ACTION:
Demolition of the sites would not occur, which would increase the risk of public safety and vandalism to the area.
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DEMOLITION CONTRACT G L/
I. SPECIAL TERMS. These special terms are incorporated below by reference.
Parties: (Public Agency) CONTRA COSTA COUNTY
(Contractor) ASBESTOS MANAGEMENT GROUP OF CALIFORNIA,INC.
3438 Helen Street
Oakland,CA 94608
Effective Date: January 22,2008 (See Section 4 for starting date.)
The Work: Demolition work of up to 35 properties in Orbisonia Heights subdivision in Bay Point,as more particularly
described in the Scope of Services section of the attached Appendix A,"Additional Provisions,"incorporated
herein by reference.
Completion Time: To be determined by both parties on a parcel by parcel basis as described in the Scope of Services section
of the attached Appendix A,"Additional Provisions,"incorporated herein by reference.
Liquidated Damages: $500 per calendar day.
Public Agency's Agent:Maurice Shiu,Public Works Director VORM APPROVED
Total Contract Price: $500,000 1, CHEST,County Counsel
Federal Taxpayers I.D.or Social Security N
..y
2. SIGNATURES&ACKNOWLEDGEMENT.
Date:
Public Agency,By: w
Maurice S r Works Dir tor,or designee
Recommended By: Gni` / Date:
arenL s,Principal al roperty Agent
Contractor,hereby a so certif ing awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation
Law,
As s s Manag ent Group of California,Inc.
By:
(Designate official capacity in the business)
(CORPORATE
Asbestos Management Group of California,Inc. SEAL)
Brent Bates, President
By:
(Designate official capacity in the business)
Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board,
president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ.
Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of ss.
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[NOTARIAL SEAL]
Notary Public
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Alameda SS.
On 1/18/08 , before me, Michelle Fong ,Notary Public,
DATE.
personally appeared Brent Bates ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
MICHELLE FONG
N AR PWLIC- ALIFO '^ WITNESS m d and official seal.
NOTARY PUBUC-CAllFORNU N Y
AJ&V4 Cowry
my Gown.Expires Nov.8,2008
TARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) r
RIGHT
THUMBPRINT
OF
SIGNER
g
APA 01/2008 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://W W W.VALLEY-SIERRA.COM (02005-2008 VALLEY-SIERRA INSURANCE
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3. WORK CONTRACT, CHANGES. (a) By their signatures in-Section 2, effective on the above date, these parties promise and agree as set
forth in this contract,incorporating by these references the material("special terms")in Section 1.
(b) Contractor shall,at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will
furnish all materials, labor,services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract,
all strictly in accordance with the Public Agency's plans,drawings and specifications.
(c)The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the
Public Agency shall never have to pay more than specified in Section 7 without such an order.
4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall
complete it as specified in Section 1.
5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being
made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the
nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in
performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,the
result of the parties'reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work;and if
the same be not paid,Public Agency may, in addition to its other remedies,deduct the same from any money due or to become due Contractor under
this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be
added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-
completion or delay hereunder. Pursuant to Govemment Code Section 4215, the Contractor shall not be assessed liquidated damages for delay in
completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation
of existing utility facilities.
6. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions,if any,of the Public Agency's call for bids,and
Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the
plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set
forth in both,to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined
by Public Agency's Agent specified in Section 1.
7. PAYMENT. For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public
Agency shall pay the Contractor in accordance with the Payment Provisions section of the attached Appendix A,"Additional Provisions".
8. PAYMENTS WITHHELD. (a)The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all
or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of:
(1) Defective work not remedied,or uncompleted work,or
(2) Claims filed or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to the Public Agency,other than damage due to delays.
(b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor
which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts.
9. INSURANCE. (Labor Code Sections 1860-61) On signing this contract, Contractor must give Public Agency(1)a certificate of consent to
self-insure issued by the Director of Industrial Relations,or(2)a certificate of Workers'Compensation insurance issued by an admitted insurer,or(3)
an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the
Workers'Compensation Law.
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)
satisfactory to Public Agency,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder.
11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply
sufficient materials or workers to complete this agreement and work as provided herein,for a period of 3 days or more after written notice thereof by
the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1
of Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination).
The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Sections 1775 and 1813
concerning prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement.
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13. WAGE RATES. (a)Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft,
classification,or type of worker needed to execute this contract,and said rates are as specified in the call for bids for this work or are on file with the
Public Agency,and are hereby incorporated herein.
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by
the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced,
but the hourly rate remains as stated.
(c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and
fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage
scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for
the Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative,
clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public
Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which
shall apply from the time of the initial employment of the person affected and during the continuance of such employment.
14. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time on this
work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections
1810-1815.
15. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
16. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the
Contractor therefore promises to use the products,workers,laborers and mechanics of this County in every case where the price,fitness and quality
are equal.
17. ASSIGNMENT. The agreement binds the heirs,successors, assigns,and representatives of the Contractor;but he cannot assign it in whole or
in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,
unless they have waived notice of assignment.
18. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement
by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract,or
acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the
Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for
damages or enforcement arising from the failure to comply with any of the terms and conditions hereof.
19. HOLD HARMLESS & INDEMNIFICATION. (a) Contractor promises to and shall defend, indemnify, save, and hold harmless the
indemnitees from the liabilities as defined in this section.
(b) The indemnitees benefitted and protected by this promise are the Public Agency and its elective and appointive boards, commissions,
officers, agents, and employees, together with any additional persons and entities, if any, listed in the Supplementary General Conditions(Division
G).
(c) The liabilities protected against are any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees,
losses, or liabilities arising out of or in connection with the actions defined below for personal injury, sickness, disease, emotional injury, death,
property damage (including loss of use), trespass, nuisance, inverse condemnation, patent infringement, or any combination of these, regardless of
whether or not such liability, claim, or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted
the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these.
(d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract
and attributable to the Contractor, subcontractor(s), supplier(s), trucker(s), anyone for whose acts the Contractor may be liable, or any officer(s),
agent(s)or employee(s)of one or more of them.
(e) The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or
approved any plan(s), drawing(s), specification(s), or special provision(s) in connection with this work or has insurance or other indemnification
covering any of these matters.
(I) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or
degree of fault of the Public Agency or any indemnitee.
(g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are
related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with
these requirements.
(h) The Contractor and the Contractor's insurance carrier(s) shall respond within 15 days to the tender of any claim for defense and
indemnity by the Public Agency,unless this time has been extended by the Public Agency.
(i) With respect to third-party claims against the Contractor,the Contractor waives all rights of any kind to express or implied indemnity
against the indemnitees.
0) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a
third-party beneficiary.
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20. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable,by submitting to Public Agency a
detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground
during trench excavation.
21. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and
retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the
work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records,job reports and diaries,
receipts, invoices,cancelled checks and financial records. Upon request by Public Agency,at no additional charge,Contractor shall promptly make
such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra
Costa County designated by Public Agency,and without restriction or limitation on their use.
22. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County,and Contractor hereby waives
the removal provisions of Code of Civil Procedure Section 394.
23. ENDORSEMENTS. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any
particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and
widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial
product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its
views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by
law to receive such views.
24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,
written agreement with the affected property owner(s).
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APPENDIX A
ADDITIONAL PROVISIONS
1. Scone of Services
(a) This contract will be administered on behalf of the Public Agency by the County's
Principal Real Property Agent or her designee ("Authorized Representative")within the
limits of the Total Contract Price.
(b) The Public Agency's Authorized Representative may contact the Contractor and request
Contractor's demolition services on a specific property or properties when the need for
services arises ("Initial Inquiry"). The Initial Inquiry will specify the properties for
which a cost estimate is needed. Within fourteen (14)days following the date the Initial
Inquiry is sent to Contractor, Contractor will either notify the Public Agency's
Authorized Representative that it does not want to perform the work, or it will provide
the Public Agency's Authorized Representative with a written cost estimate for the
demolition work specified in the Initial Inquiry. The Contractor will deliver the written
cost estimate and all other notices hereunder to the Public Works Department at the
address provided below in accordance with Section 11 of this contract. If Contractor fails
to respond within the fourteen (14) day period,he will be deemed to have declined the
work.
(c) If Contractor provides the Public Agency's Authorized Representative with a cost
estimate within the required period, the Public Agency's Authorized Representative will
determine whether to accept the cost estimate as the individual contract price ("Individual
Contract Price"). If the Public Agency's Authorized Representative accepts the cost
estimate as the Individual Contract Price, the Public Agency's Authorized Representative
will provide contractor with a Written Acceptance of Individual Contract Price. The
Contractor will sign the Written Acceptance of Individual Contract Price and return it to
the Public Agency's Authorized Representative within three(3)business days following
the date it is received by the Contractor.
If the Public Agency's Authorized Representative rejects the cost estimate as the
Individual Contract Price, the Public Agency's Authorized Representative will provide
notification of this fact to Contractor("Notice of Rejection") and Contractor may submit
a revised cost estimate to the Public Agency's Authorized Representative within three(3)
business days following receipt of the Notice of Rejection. If the Public Agency's
Authorized Representative accepts the revised cost estimate as the Individual Contract
Price, the Public Agency's Authorized Representative will provide contractor with a
Written Acceptance of Individual Contract Price. The Contractor will sign the Written
Acceptance of Individual Contract Price and return it to the Public Agency's Authorized
Representative within three (3)business days following the date it is received by the
Contractor.
(d) Following receipt of a signed Written Acceptance of Individual Contract Price from
Contractor, the Public Agency's Authorized Representative may issue a Notice to
Proceed. The Notice to Proceed will specify the properties on which the demolition
services are required and the date by which the work must be started, the date by which
the work must be completed, and other directions required at the discretion of the Public
Agency's Authorized Representative. Contractor will sign the Notice to Proceed and
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return it to the Public Agency's Authorized Representative no later than three (3) days
after it is received by the Contractor.
(e) Contractor's demolition services will include,but are not necessarily limited to the
following:
(1) Contractor shall remove all buildings and improvements from the site, including
but not limited to, all combustible materials, concrete, rubbish, and subsurface structures
such as wells. Contractor will fill and compact any below grade areas and voids resulting
from demolition, if any, and will clear and grub and rough grade the surface to match the
surrounding ground level of the site.
(2) Contractor shall cap existing utility lines, if any. In the event sewer lines are
capped, Contractor shall provide documentation from the servicing sanitary district that
such sewer laterals were capped to the satisfaction of such sanitary district.
(3) Contractor shall control dust and noise as necessary to minimize inconvenience to
neighbors.
(4) The list of properties that Contractor may be called on to demolish includes the
following:
ORBISONIA HEIGHTS PROPERTIES
APN STREET ADDRESS
1. 094-012-022 540 S Broadway Ave.
2. 094-012-023 550 S. Broadway Ave.
3. 094-012-024 560 S. Broadway Ave.
4. 094-012-025 570 S. Broadway Ave.
5. 094-012-026 580 S. Broadway Ave.
6. 094-012-027 590 S. Broadway Ave.
7. 094-012-036 591 Bailey Rd.
8. 094-013-002 620 S. Broadway Ave.
9. 094-013-003 650 S. Broadway Ave.
10. 094-013-004 660 S. Broadway Ave.
11. 094-013-005 668 S. Broadway Ave.
12. 094-013-006 670 S. Broadway Ave.
13. 094-013-007 631 Bailey Rd.
14. 094-013-008 621-625 Bailey Rd.
15. 094-013-009 615 Bailey Rd.
16. 094-013-010 611 Bailey Rd.
17. 094-013-011 605 Bailey Rd.
18. 094-014-001 671 S. Broadway Ave.
19. 094-014-010 S.Broadway Ave.
20. 094-014-011 51 MAYLARD ST
21. 094-014-012 641 S. Broadway Ave.
22. 094-014-013 651 S. Broadway Ave.
23. 094-014-014 661 S. Broadway Ave.
24. 094-015-006 498 Wollam Ave.
25. 094-015-007 510 Wollam Ave.
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26. 094-015-011 581 S. Broadway Ave.
27. 094-015-012 571 S. Broadway Ave.
28. 094-015-013 551 S. Broadway Ave.
29. 094-015-014 541 S. Broadway Ave.
30. 094-015-027-9 591 S. Broadway Ave.
31. 094-016-002 495 Wollam Ave.
32. 094-026-001 680 S. Broadway Ave.
33. 094-026-002 690 S. Broadway Ave.
34. 094-026-005 681 BAILEY ROAD
35. 094-026-006 671 Bailey Rd.
(f) It is intended by the Public Agency that the demolition work of all 35 properties will be
done in stages under a series of individual contracts whose sum total shall not exceed
$500,000. Nothing in this agreement entitles Contractor to participate in any portion or
stage of the work absent a Written Acceptance of Individual Contract Price and Notice to
Proceed signed by both the Contractor and the Public Agency's Authorized
Representative, and Public Agency may award any individual contract to another
contractor.-When fully executed, the Written Acceptance of Individual Contract Price
and Notice to Proceed will be deemed to automatically become part of this Contract and
enforceable as such. Under no circumstances will Public Agency be liable for any
demolition costs in excess of the Individual Contract Price.
2. Payment Provisions. Public Agency will pay Contractor for the demolition work specified in the
Notice to Proceed 35 days after Public Agency accepts the work as complete by recording a
notice of completion of the work and providing Contractor with a certificate, provided
Contractor shows that all claims for labor and materials have been paid, no claims have been
presented to Public Agency based on acts or omissions of the Contractor, and no liens or
withhold notices have been filed against the work or site, and provided there are not reasonable
indications of defective or missing work or of late-recorded notices of liens or claims against
Contractor.
3. Diligent Completion. Once Contractor begins work, said demolition and removal work shall be
prosecuted diligently and continuously each working day until completed. Work shall not be
suspended for more than three working days, except for conditions beyond the control of
Contractor.
4. Compliance with Applicable Laws, Regulations and Permit Requirements. Contractor shall
observe and comply with all laws, ordinances, and regulations which in any manner affect those
engaged or employed in the work, or the materials used in the work, or which in any way affect
the conduct of the work. Contractor's work shall meet the requirements of Contra Costa County
Ordinance Code, Title 7, and all other applicable codes, regulations and laws. Contractor shall,
at no cost to Public Agency, apply for and obtain all relevant permits and licenses necessary to
perform the demolition work required under this Contract and will comply with all such permit
requirements, including any applicable environmental requirements issued by the EPA.
5. Insurance. Contractor shall, at no cost to Public Agency, obtain and maintain during the term
hereof. (a) Workers' Compensation Insurance pursuant to state law; (b) Professional Liability
Insurance with minimum coverage of$1,000,000 and a maximum deductible of$25,000; and
(c) Comprehensive General Liability Insurance, including blanket contractual (or contractual
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liability) coverage,broad form property damage coverage, and coverage for owned and non-
owned vehicles, with a minimum combined single limit coverage of$500,000 for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof, arising out of each accident or occurrence, and naming Public
Agency, its governing bodies, officers and employees as additional insureds. Contractor shall
promptly furnish to Public Agency certificates of insurance evidencing such coverage and
requiring 30 days'written notice to Public Agency of policy lapse, cancellation or material
change in coverage.
6. Status. Contractor is an independent contractor, and shall not be considered an employee of
Public Agency.
7. Breach. In the event that Contractor fails to perform any of the services described in this contract
or otherwise breaches this contract, Public Agency shall have the right to pursue all remedies
provided by law or equity. Any disputes relating to the performance of this contract shall not be
subject to non judicial arbitration. Any litigation involving this contract or relating to the work
shall be brought in Contra Costa County, and Contractor hereby waives the removal provisions
of Code of Civil Procedure Section 394.
8. Assumption of Risk. Contractor assumes all risk and responsibility in the demolition/removal
operations, including any damages or loss by vandalism. Contractor acknowledges that the
demolition and removal work involves certain risks and expressly releases Public Agency, its
officers and employees, from any and all liability for death, personal injury, sickness or property
damage to Contractor, Contractor's employees or any other person resulting from or in any way
connected with, the services covered by this contract.
9. Ownership of Demolition Material. Upon agreement by both parties of a contract price for the
demolition work of a specific property, all buildings, material and structures to be demolished
and removed will become the property of Contractor, to be disposed of off the site as Contractor
sees fit. Public Agency will incur no liability for any building, materials or structures that are
removed from the property. This provision shall not apply to treasure trove or other intrinsically
valuable material.
10. Amendments. This contract may be modified or amended only by a written document executed
by both parties.
11. Notices: All notices (including requests, demands, approvals or other communications) under
this contract shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered
three(3)business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested,notice is effective on receipt
if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight courier,
notice shall be deemed delivered one (1)business day after deposit with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered on the date
personally delivered.
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b. The place for delivery of all notices given under this contract shall be as follows:
Public Agency: Contra Costa County Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94533
Telephone: (925) 313-2228
Contractor: Asbestos Management Group of California, Inc.
Attn: Chris Davini
3438 Helen Street
Oakland, CA 94608
or to such other addresses as Agency and Contractor may respectively designate by
written notice to the other.
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