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HomeMy WebLinkAbout25F - DEMOLITION SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2012 TITLE: AGREEMENTS WITH J & G INDUSTRIES, INC. AND AMERICAN WRECKING, INC. FOR DEMOLITION SERVICES FOR CIP PROJECTS (NON GENERAL FUND) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements for demolition services, subject to nonsubstantive changes approved by the City Manager and City Attorney with: • J & G Industries Incorporated in an amount not to exceed $400,000. • American Wrecking Incorporated in an amount not to exceed $400,000. DISCUSSION On February 6, 2012, the City Council authorized the Public Works Agency to release a Request for Proposals (RFP) to qualified consulting firms to provide demolition services, as needed, in support of the City's Capital Improvement Program (CIP). These services will be utilized for current CIP projects, including the Grand Avenue widening and Bristol Street widening projects. The RFP for the above services was advertised in the Orange County Register and on the City's Website. Additionally, the RFP was sent to 29 contractors. Of these, 22 expressed further interest and 12 contractors attended the pre-proposal meeting. Of those, seven contractors submitted proposals. Additionally, a special effort to contact ten Santa Ana contractors was made and only two submitted proposals. Each firm was rated according to its qualifications and experience. Following is the list of the firms and their respective scores: 25F-1 Agreements for Demolition Services for CIP Projects May 7, 2012 Page 2 NAME OF FIRM J & G Industries Incorporated American Wrecking Incorporated Unlimited Environmental Inc. Accord Engineering Interior Demolition Incorporated Miller Environmental Incorporated Real Estate Consulting & Services RANKING 91 84 79 76 68 66 65 Based on the ratings and their experience with the City, staff recommends that the firms of J & G Industries Incorporated and American Wrecking Incorporated be retained for the demolition services. Services will be used on an as-needed basis until the contract amount is exhausted. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT These services are on-call and will be used when funds are available in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: V[00'1?"Y Raul Godinez IN V Executive Director Public Works Agency RG/SA Exhibit 1: Agreements Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-2 EXHIBIT 1 DEMOLITION SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of May, 2012, by and between J&G INDUSTRIES, INC., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of demolition and land clearing services. B. Contractor represents that it is able and willing to provide such services for Santa Ana. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional demolition contractor. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide demolition services on an on-call basis, as set forth in City's Request for Proposals for Demolition Services (hereinafter "RFP"), and as more specifically described "Scope of Work, attached hereto as Exhibit A, and Contractor's Proposal, attached as Exhibit A-1. City's RFP and all Exhibits shall be incorporated by reference. All work shall be assigned by Contract Task Order (CTO), based upon the designated Contractor's ability to perform the required work within the project schedule and budget. The project fee and scope of work will be defined in each approved CTO. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in each Contract Task Order, as set forth in above. The total sum to be expended under this Agreement shall not exceed $400,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. The invoice shall include a detailed breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 1, 2012 and terminate on the later of June 30, 2013, or the expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. The City shall have the option to extend the term for an additional one-year period. 25F-3 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25F-4 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25F-5 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Public Works - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Contractor: James K. Cain J & G Industries, Inc. 18627 Brookhurst St. 4302 Fountain Valley, California 92708 facsimile (714) 903-2003 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent 25F-6 with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including either a Class A General Engineering, Class B General Building or C-21 Building Moving, Demolition License; permits, approvals, waivers, and exemptions necessary for the 25F-7 provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: PAUL M. WALTERS Interim City Manager J & G INDUSTRIES, INC. SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney JAMES K. CAIN President Tax ID# RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA 25F-8 EXHIBIT A SCOPE OF WORK DEMOLITION: Contractor is responsible for the payment of all applicable permits required by the City of Santa Ana. Contractor is responsible for demolishing all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of completion shall be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys. Lead: The Contractor shall take all necessary precautions and follow all OSHA's guidelines required in the handling of lead containing materials if any are detected. Please refer to the Lead Hazard Evaluation Report. Copies of all notifications must be submitted to City including, abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. 25F-9 Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement. Written certification stating that such work was performed, and that the structures were free of infestation prior the demolition taking place must be provided to the City as part of the demolition completion package 25F-10 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25F-11 EXHIBIT A DEMOLITION: SCOPE OF WORK Contractor is responsible for the payment of all applicable permits required by the City of Santa Ana. Contractor is responsible for demolishing all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of completion shall be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys. Lead: The Contractor shall take all necessary precautions and follow all OSHA's guidelines required in the handling of lead containing materials if any are detected. Please refer to the Lead Hazard Evaluation Report. Copies of all notifications must be submitted to City including, abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. 25F-12 Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement. Written certification stating that such work was performed, and that the structures were free of infestation prior the demolition taking place must be provided to the City as part of the demolition completion package 25F-13 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25F-14 City of Santa Ana March 26, 2012 Request for Proposals for Demolition Services Proposed Subcontractors The following subcontractors may be used on an as-needed basis: Tri Span Inc. (8a/MBE/DBE) - Asbestos/Lead and Hazardous Abatement Contact: Joe Aralza, Principal - Tel: 714-257-9680 / Fax: 714-257-9681 591 W. Explorer St, Brea, CA 92821 Licenses: #611639, Class A,B,C-10,C-33, ASB & HAZ; expires 2128113 DOSH #218; expires 7/18/13 J&G has worked with Tri Span on over 100 projects during the last 19 years. Envirocon Contracting Inc. (SBE) - Asbestos/Lead and Hazardous Abatement Contact: Dave Adams, Principal - Tel: 714-827-62001 Fax: 714-827-6260 5940 Lakeshore Or, Cypress, CA 90630 Licenses: #889528, Class B,C-21,C-43, ASB & HAZ; expires 1/31113 DOSH #909; expires 7118/13 J&G has worked with Envirocon Contracting on over 50 projects during the last 15 years. T&T Environmental Inc. - Asbestos/Lead Survey Contact: Robert Strong, Principal -- Tel: 800-400-4828 / Fax: 562-420-3742 PO Box 3433, Lakewood, CA 90711 J&G has worked with T&T Environ. on over 25 projects during the last 15 years. On-Site Environmental Inc. (SBE) - Asbestos/Lead Survey Contact: James McQuade, Principal - Tel: 714-920-3833 / Fax: 714-530-7108 10022 Dewey Or #101, Garden Grove, CA 92840 J&G has worked with On-Site Environ, on over 5 projects during the last 2 years. Gittens Environmental & Engineering Inc. - Engineering/Environmental Support Contact: John Gittems, Principal -- Tel: 949-837-9438 / Fax: 949-472-0517 22322 Platino, Mission Viejo, CA 92691 Licenses: #686535 Class A, HAZ; expires 4/30/12 Registered Professional Engineer, Civil #C43505; expires 6130/12 J&G has worked with Gittens Environ. on over 35 projects during the last 17 years. Mueller & Associates - Safety Consulting / Job Site Safety Audits Contact: Peter Mueller, Principal - Tel: 805-659-71761 Fax: 805-659-7177 PO Box 4579, Ventura, CA 93007-0579 J&G has worked with Mueller & Assoc. on retainer for projects during the last 12 years. Total Exterminating, Inc. - RatiVermin Control Contact: Dwayne Hartzell, Service Manager -- Tel: 714-630-3215 / Fax: 714-630-2048 2811 E. Gretta Ln, Anaheim, CA 92806 J&G has worked with Total Exterminating on over 25 projects during the last 11 years. Mel Smith Electric, Inc. - Electrical Work Contact: Brian Dimsho, PM/Sr. Estimator - Tel: 714-761-3205 / Fax: 714-761-4710 10950 Date St, Stanton, CA 90680 Licenses: #394741 Class A,B,C-1 0,C-1 2,C-2 1, HAZ; expires 11/30/12 J&G has worked with Mel Smith Electric on over 25 projects during the last 13 years. J&G Industries Page 12 25F-15 City of Santa Ana Request for Proposals for Demolition Services Van Diest Brothers, Inc. - Utility Work Contact: Gary Van Diest, Principal - Tel: 562-633-2835 / Fax: 562-633-0414 15315 S. Lakewood Blvd, Paramount, CA 90723 Licenses: #157555 Class A,C-36; expires 7/31/13 J&G has worked with Van Diest Bros on over 20 projects during the last 15 years. California Protective Services - Site Security Contact: Denise Rodriguez, Dev. Manager- Tel: 310-878-1030 / Fax: 310-818-1062 436 W. Walnut St, Gardena, CA 90248 J&G has worked with CPS on several projects in the last year. March 26, 2012 United Pumping Services, Inc. (MBE) - Plumbing, Cleaning, Lab Packing, Disposal of Misc.Materials Contact: Rudy Ruiz, PM/Estimator - Tel: 626-961-9326 / Fax: 626-961-3799 14000 E. Valley Blvd, Industry, CA 91746 Licenses: #617639 Class A,C-21,C-31,C-42, ASB & HAZ; expires 4130/13 J&G has worked with United Pumping on over 25 projects during the last 15 years. G.O. Rodriguez Trucking (MBE/DBE) -- Trucking Contact: George Rodriguez, Principal - Tel: 909-593-3747 / Fax: 626-815-8671 PO Box 2211, Irwindale, CA 91706 J&G has worked with G. 0. Rodriguez Trucking on over 100 projects during the last 9 years. Federal Disposal Services, Inc. - Trucking Contact: Don Shubin, Principal - Tel: 714-773-5600 / Fax: 714-773-5608 PO Box 14730, Irvine, CA 92623 J&G has worked with Federal Disposal Services on over 100 projects during the last 10 years. National Construction Rentals - Fencing Contact: Tori Lacey, Customer Service Rep. - Tel: 714-285-0243 / Fax: 714-568-5338 1105 East 6th St, Santa Ana, CA 92201 J&G has worked with National Construction on over 50 projects during the last 17 years. American Fence Company - Fencing Contact: Dave Klatch, Customer Service Rep. - Tel: 562-941-34781 Fax: 561-941-0757 8312 Allport Ave, Santa Fe Springs, CA 90670 J&G has worked with American Fence on over 20 projects during the last 8 years. Orange County Scaffolding, Inc. - Scaffolding Contact: Chris Aphessetche, President - Tel: 714-637-6010 / Fax: 714-637-7960 121 E. Meats Ave, Orange, CA 92865 Licenses: #290438 Class D-39: expires 2128/13 J&G has worked with OC Scaffolding on numerous projects in the last 5 years. Brand Scaffolding - Scaffolding Contact: John Spagnolo, Commercial Manager - Tel: 562-817-2246 / Fax: 562-630-0274 6001 Obispo Ave, Long Beach, CA 90805 J&G has worked with Brand Scaffolding on numerous projects in the last 5 years. J&G Industries Page 13 25F-16 City of Santa Ana Request for Proposals Demolition Services March 26, 2012 Team Availability AG has an experienced and committed team available to serve on this contract. Key personnel will be available to the extent proposed for the duration of the project. No person designated as "key" shall be removed or replaced without prior written concurrence of CSA. Team Member Role Firm % Available Jim Cain Project Manager/Principal Agent AG 50-100% John Mershimer Project Manager/Field Superintendent AG 50-100% Todd Stewart Project Manager/Field Superintendent AG 60-100% Peter Mueller Safety Officer Mueller & Assoc. 20-60% Eric Cain Field Superintendent J&G 50-100% Mauro Ruiz Field Su erintendent/O erator AG 50-100% John Gittens Engineering / Env. Consultant Gittens Env. & En 20-60% Four Operators Equipment Operators AG 50-100% Ten, Laborers Laborers AG 50-100% J&G Industries Page 25 25F-17 City of Santa Ana March 26, 2012 Request for Proposals Demolition Services C. Work Plan Approach Contract Task Order (CTO) requests will be received and reviewed by Jim Cain, President of J&G. Mr. Cain will negotiate with the CSA the costs to complete the CTO. Mr. Cain will assign a Project Manager and Field Superintendent for the CTO. For small and medium size CTOs,' the Project Manager can also serve as the Field Superintendent. J&G's Project Managers are: Jim Cain, John Mershimer, and Todd Stewart. J&G's Field Superintendents are: John Mershimer, Todd Stewart, Mauro Ruiz, and Eric Cain. The following is a description of our anticipated approach to implement the CTOs upon GSA's authorization to proceed with the work. J&G's assigned Project Manager will first manage the services that are required to be performed within 24 hours of CTO execution. If required, fencing and boarding will be installed to secure the site. All necessary notices, ordinances, statues rules, laws, and regulations shall be followed in the performance of the CTO. Notifications/ permits may include: city grading, city demolition, city sewer capping, Orange County Health Care Agency (OCHCA) tank closure, OCHCA water well closure, OCHCA monitoring well closure, South Coast Air Quality Management District (SCAQMD) demolition, SCAQMD asbestos abatement, SCAQMD VOC containing tank or soil abatement, OSHA excavation, OSHA falsework, OSHA over height, and OSHA scaffolding. The Project Manager will direct J&G's consultant to prepare a Notice of Intent (NOI) to comply with the terms of the general permit to discharge storm water associated with construction activity, for sites that are one acre or larger in size. The Project Manager will submit the NOI and permit fee to the State Water Resources Control Board. When required, the Project Manager will direct J&G's consultant to prepare a Construction Storm Water Pollution Prevention Plan (SWPPP). Storm water best management practices will be implemented as needed for compliance with the SWPPP. A site specific Health & Safety Plan will be prepared for the project. The Field Superintendent will conduct periodic tailgate Health & Safety meetings to cover health and safety issues with J&G Industries Page 26 25F-18 City of Santa Ana March 26, 2012 Request for Proposals Demolition Services field workers. J&G's consultant will periodically conduct site safety inspections. Results are given to the Project Manager for directing changes. Underground Service Alert will be contacted to have the location of utilities marked. The Project Manager shall contact utility companies to coordinate any required utility terminations. Where required, sewer capping will occur at the beginning of work. The Field Superintendent will be on site at the time the agency is scheduled to inspect the utility termination. Care shall be taken to perform the services so as not to endanger the safety of any.person or property. At the start of the CTO, the Field Superintendent will visually survey existing improvements and utilities near the work site, in order to protect them from damage. Field Superintendent will also visually survey the site for potential materials containing regulated/hazardous wastes. The Project Manager will contact CSA of any findings. As directed by the CSA, the Project Manger will arrange for J&G's consultant to perform an asbestos and lead-based paint survey and an abatement plan for the asbestos and lead containing materials removal and disposal. When an asbestos and lead-based paint survey has been previously prepared, the Project Manager will arrange for J&G's subcontractor to prepare an abatement plan. The abatement plan will be submitted to the SCAQMD for their approval. The Project Manger shall confirm that all required licenses, permits and certifications have been acquired for implementing the abatement plan. The Project Manager will submit the SCAQMD approved abatement plan for CSA approval to proceed with its implementation. Upon CSA's approval, J&G's abatement subcontractor will implement the abatement plan. Field Superintendent will verify waste is properly manifested for disposal at proper facility. Upon completion of abatement plan implementation, the Field Superintendent will conduct a pre-demolition survey to identify: that the asbestos, lead, regulated and hazardous wastes have been removed as per their abatement plans; verify monitoring records; verify proper manifesting of waste disposal; visually verify no other hazardous materials are left in demolition area; as required, verify site is secured by appropriate fencing; verify that appropriate protection devices are in place, such as pedestrian protection canopy; verify appropriate signing displayed (i.e. no trespassing, keep out demolition in progress, danger, etc.); verify all utilities have been terminated; and erosion control measures are in place, as needed and required. The Field Superintendent will use a checklist to complete the pre- demolition survey. The Field Superintendent will confirm with the Project Manger that the J&G Industries Page 27 25F-19 City of Santa Ana March 26, 2092 Request for Proposals Demolition Services demolition area is ready for demolition. Structures ready for demolished will be clearly marked "CLEAR FOR DEMO J&G." Field Superintendent will direct crews in: structure demolition; improvements demolition; salvaging procedures; solid waste clearing and disposal. Where practical, concrete, asphalt, steel, non-ferrous metals, and wood will be segregated and sent off-site for recycling. If required, the site will be backfilled and graded. Field Superintendent will review fieldwork daily for compliance with CTO specifications and record findings in a quality control log. Field personnel are trained to stop work upon the discovery of suspect asbestos, regulated, or hazardous waste. The Field Superintendent will contact the Project Manager, who in turn will contact CSA. The Field Superintendent shall leave the work site in a clean and neat condition, upon completion of the CTO. The Project Manager will notify those agencies required for final inspections and sign offs. The Project Manager will track the CTO schedule and budget by using project management software. Schedule and budget updates will be provided to the CSA as required. Project Manager will notify CSA to have all work inspected within 24 hours of CTO work completion. The Project Manager will prepare all required paperwork for final closure package and billing for the project. Activities Activities for the assigned personnel by job category include, but are not limited to: Project Manager: • First, managing services required to be performed within 24 hours of CTO execution ¦ Directing consultant to prepare a Notice of Intent (NOI) to comply with terms of general permit to discharge storm water associated with construction activity, for sites that are one acre or larger in size • Submittal of the NO] and permit fee to the State Water Resources Control Board ¦ Directing consultant to prepare a Construction Storm Water Pollution Prevention Plan (SWPPP), when required; storm water best management practices will be implemented as needed for compliance with the SWPPP J&G Industries Page 28 25F-20 City of Santa Ana March 26, 2012 Request for Proposals Demolition Services • Directing changes due to results of site safety inspections • Contacting Underground Service Alert • Contacting utility companies to coordinate any required utility terminations ¦ Contacting CSA of any findings of Field Superintendent's visual survey of site for existing improvements and utilities near the work site, and potential materials containing regulated/ hazardous wastes • If requested, arranging for consultant to perform an asbestos and lead-based paint survey and prepare an abatement plan for asbestos and lead containing materials removal and disposal • When an asbestos and lead-based paint survey has been previously prepared, arranging for consultant to prepare an abatement plan • Submittal of abatement plan to SCAQMD, if applicable • Confirming that all required licenses, permits and certifications have been acquired for implementing the abatement plan • Submittal of the SCAQMD approved abatement plan for CSA approval to proceed with its implementation • Contacting CSA upon field superintendent notification field personnel have stopped work upon the discovery of suspect asbestos, regulated, or hazardous waste • Notifying agencies required for final inspections and sign-offs • Tracking the CTO schedule and budget using project management software • Providing schedule and budget updates to CSA as required • Notifying OCTA to have all work inspected within 24 hours of CTO work completion • Preparation of all required paperwork for final closure package and billing for the project Field Superintendent: • Conducting periodic tailgate Health & Safety meetings, to cover health and safety issues with field workers J&G Industries Page 29 25F-21 City of Santa Ana Request for Proposals Demolition Services March 26, 2012 • Being on site at the time the agency is scheduled to inspect utility termination • Visually surveying existing improvements and utilities near the work site, in order to protect them from damage • Visually surveying the site for potential materials containing regulated/ hazardous wastes • Verifying waste is properly manifested for disposal at proper facility • Conducting a pre-demolition survey upon completion of abatement plan implementation to identify: that the asbestos, lead, regulated and hazardous wastes have been removed as per their abatement plans; verify monitoring records; verify proper manifesting of waste disposal; visually verify no other hazardous materials are left in demolition area; as required, verify site is secured by appropriate fencing; verify that appropriate protection devices are in place, such as pedestrian protection canopy; verify appropriate signing displayed (i.e. no trespassing, keep out demolition in progress, danger, etc.); verify all utilities have been terminated; and erosion control measures are in place, as needed and required • Using a checklist to complete the pre-demolition survey • Confirming with the Project Manger that the demolition area is ready for demolition • Directing crews in structure demolition; improvements demolition; salvaging procedures; and solid waste clearing and disposal • Reviewing fieldwork daily for compliance with CTO specifications and recording findings in a quality control log is Notifying the Project Manager when field personnel stop work upon the discovery of suspect asbestos, regulated, or hazardous waste Leave the work site in a clean and neat condition, upon completion of the CTO J&G Industries Page 30 25F-22 City of Santa Ana March 26, 2012 Request for Proposals Demolition Services Safety Officer: • Preparation of site specific Health & Safety Plan • Periodically conducting site safety inspections Asbestos Abatement Consultant: • Asbestos and lead-based paint survey • Abatement plan for asbestos and lead containing materials removal and disposal • Abatement plan implementation upon CSA approval of the SCAQMD approved abatement Plan AG Industries Page 31 25F-23 City of Santa Ana March 26, 2012 Request for Proposals Demolition Services Quality Control J&G uses quality, schedule and budget control procedures in the office and field management of each CTO. Project schedules and work sub-task costs are prepared to start each CTO. The Project Manager will track the CTO schedule and budget by using project management software. Schedule and budget updates will be provided to the OCTA as required. J&G office staff assists the Project Manager in maintaining a project file (notification records, agency points of contact, etc.) for each CTO. Project Manager will notify CSA to have all work inspected within 24 hours of CTO work completion. The Project Manager will prepare all required paperwork for final closure package and billing for the project. J&G's project files will be available for inspections by the CSA, county, state and federal representatives, and shall be submitted to the CSA when requested. At the start of the CTO, the Field Superintendent will visually survey existing improvements and utilities near the work site, in order to protect them from damage. Field Superintendent will also visually survey the site for potential materials containing regulated/hazardous wastes. The Project Manager will contact CSA of any findings. The Field Superintendent will use a checklist to complete the pre-demolition survey. The Field Superintendent will confirm with the Project Manger that the demolition area is ready for demolition. Structures ready for demolished will be clearly marked "CLEAR FOR DEMO J&G." Field Superintendent will review fieldwork daily for compliance with CTO specifications and record findings in a quality control log. Issues and Resolutions Care shall be taken to perform the services so as not to endanger the safety of any person or property. At the start of the CTO, the Field Superintendent will visually survey existing improvements and utilities near the work site, in order to protect them from damage. Field Superintendent will also visually survey the site for potential materials containing regulated/hazardous wastes. The Project Manager will contact CSA of any findings. J&G Industries Page 33 25F-24 City of Santa Ana Request for Proposals Demolition Services March 26, 2012 Enhancements J&G has found partnering sessions to be effective for keeping large projects objectives on track. Meetings with key people from CSA, AG, and J&G key subcontractors at the start of the contract will clearly establish the expectations for CTOs under the contract. On large CTOs, periodic meetings may be found to be beneficial to ensure all expectations are being met. A review meeting after a CTO completion may provide insights to ways to improve performance for future CTOs. J&G Industries Page 34 25F-25 25F-26 DEMOLITION SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May, 2012, by and between AMERICAN WRECKING, INC., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of demolition and land clearing services. B. Contractor represents that it is able and willing to provide such services for Santa Ana. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional demolition contractor. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide demolition services on an on-call basis, as set forth in City's Request for Proposals for Demolition Services (hereinafter "UP"), and as more specifically described "Scope of Work, attached hereto as Exhibit A, and Contractor's Proposal, attached as Exhibit A-l. City's RFP and all Exhibits shall be incorporated by reference. All work shall be assigned by Contract Task Order (CTO), based upon the designated Contractor's ability to perform the required work within the project schedule and budget. The project fee and scope of work will be defined in each approved CTO. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in each Contract Task Order, as set forth in above. The total sum to be expended under this Agreement shall not exceed $400,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. The invoice shall include a detailed breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 1, 2012 and terminate on the later of June 30, 2013, or the expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend the term for an additional one-year period. 25F-27 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25F-28 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25F-29 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Public Works - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 To Contractor: Robert T. Hall American Wrecking, Inc. 2459 Lee Avenue South El Monte, CA 91733 Email: americanwreckinginc.com Fax: 626-350-8322 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties 25F-30 agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including either a Class A General Engineering, Class B General Building or C-21 Building 25F-31 Moving, Demolition License; permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: PAUL M. WALTERS Interim City Manager AMERICAN WRECKING, INC. SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney ROBERT T. HALL Vice-President, CEO, CFO Tax ID# RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA 25F-32 EXHIBIT A DEMOLITION: SCOPE OF WORK Contractor is responsible for the payment of all applicable permits required by the City of Santa Ana. Contractor is responsible for demolishing all improvements, including but not limited to foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of completion shall be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys. Lead: The Contractor shall take all necessary precautions and follow all OSHA's guidelines required in the handling of lead containing materials if any are detected. Please refer to the Lead Hazard Evaluation Report. Copies of all notifications must be submitted to City including, abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. 25F-33 Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement. Written certification stating that such work was performed, and that the structures were free of infestation prior the demolition taking place must be provided to the City as part of the demolition completion package 25F-34 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25F-35 EXHIBIT B FEE SCHEDULE 25F-36 EXHIBIT A DEMOLITION: SCOPE OF WORK Contractor is responsible for the payment of all applicable permits required by the City of Santa Ana. Contractor is responsible for demolishing all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of completion shall be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys. Lead: The Contractor shall take all necessary precautions and follow all OSHA's guidelines required in the handling of lead containing materials if any are detected. Please refer to the Lead Hazard Evaluation Report. Copies of all notifications must be submitted to City including, abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. 25F-37 Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement. Written certification stating that such work was performed, and that the structures were free of infestation prior the demolition taking place must be provided to the City as part of the demolition completion package 25F-38 EXHIBIT A-1 CONTRACTOR'S PROPOSAL 25F-39 Subcontractors -:94 Jose Duenas GAMA Contracting Services, Inc Asbestos and Lead Remediation CSLB#780316 1 B C21 ASB HAZ) DOSH#943 1844 Tyler Avenue South El Monte, CA 91733 P: 626.442.7200 1 F: 62fi.442.7204 Armando Xochitiotzi Tri Span, Inc Asbestos and Lead Remediatlon CSLB #6116391 DOSH #218 591 W Explorer St., Brea, CA 92821 P: 714.257,96801F: 714.257.9681 Carlos Huizar So Cal Sanitation Temporary Facilities & Temporary Fencing 1636 1h Ave., City of Industry, CA 91746 P: 800-850-8871 MBE Certified Terry Timmons Commercial Scaffolding CSLB # 835630 14928 S. Maple Ave Gardena, CA 90248 P: 310.324.70041F. 310.324.7466 American Wrecking Inc. has worked with both Environmental Remediation contracting company's on both large and small projects. Contract values ranging from $1,500.00 - $100,000.00. They have both been able to provide excellent service and have never been fined by Cal-OSHA or SCAQMD. There range in contract type vary from private residential to public projects like the North Hall Campus Demolition for San Bernardino Community College District. So Cal Sanitation has supplied us with most of our temporary construction needs ranging from toilets, wash stations, fencing and windscreen for the past 2-3 years. There track record with punctuality has been impeccable. Commercial Scaffolding has provided us with pedestrian canopies, scaffolding, trash chutes & shoring for our single story & multi-story demolition projects. Although, they are a large company there pricing has always been competitive. 25F-40 -Project Task Labor Hrs Operator Hrs Supervision Hrs Environmental Remediation 120 40 Above Grade Building Demolition 32 16 16 Below Grade Building Demolition 16 8 8 Site Demolition 16 8 8 184 72 Key Personnel for Project Current Position Yrs of Exp with AWI Full or Part Time Gerardo Galaviz - Owner Superintendent Since Inception Full Time Jaime Ramirez On-Site Foreman 12 Full Time Mar arito Lopez Operator 20 Full Time Huber Zarate Operator 18 Full Time Alfred Bell LaboredForeman 10 Full Time Ismael Zambrano Laborer 15 Full Time 25F-41 cu U ?... 0 4-a U O L. CL V1 U cu U W e a r c S E E Lo ° L O a ? G 0 "J C (? C co E LL CL 4 m c a 0 m ° o 0 0 ? c m tL o g ?. 7 0. a. m ? 0 a w m C « U CL N a LL AA _V c m y ?? l0 ? W Q H ` d 25F-42 Work Plan (I)Demolition of a single'story commercial building In sequence. Review and estimate the removal of the asbestos and lead containing materials. If any asbestos or lead materials are found, then next step would be to notify AQMD for the removal of resulting debris. Two weeks after notification to AQMD we begin remediation. In between depending on schedule and scope of work American Wrecking Inc notifies AQMD in order to demolish the building 1-2 days after the remediation has been completed. During the remediation we would also install the temporary pedestrian protection in order to not close any sidewalks or impede any pedestrian from getting to point A to point B. Once the permit is attained, pedestrian protection is installed and environmental remediation is completed then the demolition begins. In the case of this single story building, we would demolish the building utilizing one of our many Excavators all while making several piles of material. Gone are the days of smash a building and sending it all to the landfill. As evident in many of our projects we would during the demolition segregate as many material as possible. For example, all misc metals, CMU block, roofing and wood would be segregated. The logic behind segregation is two fold, 1- we get paid for all metals as opposed to paying for the disposal, 2 -- the city easily any state of California's recycling requirements - AB 939. We routinely accomplish 90% recycling on this type of demolition project. After all above grade demolition is completed, we tackle the below grade slabs and footings. Again, we utilize the same equipment and proceed by digging and breaking the resulting debris. The material is broken into 2' or minus pieces so they can be taken to a concrete recycling facility. once we are completed with the building slabs and footings, we would start on the site asphalt and site improvements like signage or site walls. We typically leave the asphalt pavement till the end to minimize the potential for any soil erosion and dirt trailing the end- dump. During the loading & hauling of any material, we utilize water to minimize any dust, tarp our loads and use a flag man to escort the truck off the premises and sweep the driveway apron. Lastly, we search for the sewer line, call for inspection and then cap and backfill. (2) 1. Abatement - By chosen subcontractor 2. Above Grade Demolition - Demolition Crew as per attachment 3. Below Grade Demolition- Demolition Crew as per attachment 4. Site Demolition - Demolition Crew as per attachment 5. Capping Sewer & Final -- Demolition Crew as per attachment (3) Fast Track Schedule - See attachment (4) Due to the vastness of American Wrecking Inc equipment list, personnel and commitment to safety - completing tasks on time is typically not an issue for American Wrecking. One of the most significant ways that we have been able to ensure quality control, our budget, schedule and safety issues is what distinguishes us from our competition. Two of the three partners are 100% on the field. Mr. Gerardo Galaviz & 25F-43 Jose (Pepe) Galaviz if an individual is out sick or whatever reason that might arise that causes some issue these two partners step right in and control the situation. (5) Problem, we cannot for see any issues. The only issue that arises at times is more asbestos containing items are identified after my subcontractor has completed what was found to contain asbestos in the original survey. However, due to our field training in asbestos and lead awareness the crew is able to identify the suspect materials promptly. The knowledge ensures that a serious situation is not made worse by contaminating the entire site with asbestos containing materials because our operator for example did not identify the suspect material. 25F-44