HomeMy WebLinkAboutAdvanced Environmental Services - Public Works Fuel Facility - 2003ORIGINAL
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ADVANCED ENVIRONMENTAL SERVICES INC.
THIS AGREEMENT is entered into this 18t' day of November, 2003, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
ADVANCED ENVIRONMENTAL SERVICES INC. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to Upgrade of
(1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST) and (1) 5,000
Gallon Diesel Fuel Underground Storage Tank (UST) to include Phase I and II Vapor
Recovery.
WHEREAS, the CITY has determined that the CONTRACTOR is a State
of Califomia Licensed Contractor and is qualified by experience and ability to perform
the services desired by the CITY, and the CONTRACTOR is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at weekly
meetings called for in advance by the Engineering Division to keep staff and City
Council advised of the progress on the project.
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NOV-13-2003 00:37
Advanced Environmental 949 454 2567 P.02
lrhe CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen M Kirkpatrick, P.E., Acting Director of Public Works/Engineering hereby is
designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director
to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONTRACTOR. Joe C. Wilson thereby is designated as the
Project Director for the CONTRACTOR.
COMPENSATION AND PAYMENT. The base bid on this project is
$51,6. Reimbursables are allowed up to a `not to exceed" amount of $3,000.00.
The compensation for the CONTRACTOR shall be based on monthly billings covering
actual work performed. Billings shall include labor classifications, respective rates,
hours worked and also materials, if any. The total cost for all work described in Exhibit
A shall not exceed the schedule given in Exhibit A (the Base amount) without prior
written authorization from the Project Coordinator. Monthly invoices will be processed
for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit A as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at ail reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CiTY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGXEMENT. The work shall be completed within
180 Ait dar days of the date of this Agreement.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans. Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic. shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material. drawings.
plans. specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
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unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the CONTRAC-
TOR's obligations to the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
3 Revised August 2003
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
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Revised August 2003
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly "available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers
and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
5 Revised August 2003
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
ment.
6
Revised August 2003
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
7 Revised August 2003
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Park Morse
Acting City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Advanced Environmental Services, Inc.
Attn: Joe C. Wilson, REA
7 Amato
Mission Viejo, CA 92692
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
8 Revised August 2003
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
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NOV-12-2003 00:39 Advanced Environmental.
94E' d54 2557 .22
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto„ or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (ili) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have iaxecuted this
Agreement on the date and year first above written.
Advanced Environmental Services Inc.
CITY OF NATIONAL CITY
(7Lvo signatwes required fora corporation)
By: By: Akek
lA.i✓dD1r`-a
Nick Inzunza, Mayor (Name)
ceo
APPROVED AS TO FORM.
By.
George H. Eiser, III (N• R"e)
(Title)
City Attorney
10
If-A-Dou
Pas tte11
(Title)
Revised August 2003
TOTAL P,,02
EXHIBIT "A"
ENVIRONMENTAL SERVICES, INC
www.advservicesinc.com
State of California Contractors License No. 769519
November 6, 2003
Mr. Jim Dredge
Mr. Tony Gaut
City of National City
Public Works Department
2100 Hoover Avenue
National City, CA 91950-6530
619-336-4588
619-336-4594 fax
Re: Upgrade of (1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST)
And (1) 5,000 Gallon Diesel Fuel Underground Storage Tank (UST) to include Phase 1 & II Vapor
Recovery.
Advanced Environmental Services, Inc. Project Number JW-20015-03
Dear Gentlemen:
We propose to rebuild / upgrade your fueling system do to some inherent problems that the existing "Total
Containment Piping" has experienced through the years. In addition, the primary piping has to be cut to repair the
secondary piping anyway. Also the piping does not traverse thru the sump walls at a desirable angle to guarantee a
proper seal. We feel if this system is repaired as is, that many problems will develop over the next several years in
relation to the piping and the sumps.
We strongly recommend a re -pipe on this project.
At the request of City of National City, Public Works Department ., Advanced Environmental Services, Inc. is
pleased to submit the following proposal for your review and consideration to provide professional services addressing the
upgrade of (1) 15,000 Gallon Gasoline Fuel Underground Storage Tank (UST), and (1) 5,000 Gallon Diesel Fuel
Underground Storage Tank (UST)
The scope of work for the Upgrade and related pricing is as follows:
All Advanced Environmental, Inc. personnel on -site will have the following training and equipment:
Training:
a) 40 Hour Trained According to Department
of Labor 29CFR 1910.120.
b) Hazardous Waste Driver Training.
c) Emergency Team Response to Small
Quantity Spills Training.
d) Supervisor Training.
e) Adult CPR.
f) Standard First Aid.
C:\Word\allreps\j oe\2003\NationalCityPublicWorksUSTUgrade 11.6.2003
1l
Southern Region Office:
7Amato, Mission Viejo, California 92692
Tel: (800) 850-8680 ® (949) 454-2546 ® Fax: (949) 454-2567
Eastern Region Office:
1275 Graphite Drive, Corona,A,lifornia 92881
Tel: (800) 850-8680
November 6, 2003
City of National City
Public Works Department
Page 2 of 8
Personnel Protective Equipment:
a) Tyvek Suits
b) Respirators
c) Appropriate Eye Protection
d) Polyurethane Gloves, Boots
e) Hard Hats
Permitting Cost +20%
PHASE I - ENGINEERING AND PERMITTING
• Prepare engineered drawings.
• Submit drawings and obtain approvals with permits from the San Diego County Department of
Environmental Health and South Coast Air Quality Management District.
PHASE It - Slit, PREPARATION
• Remove all dispensers and set aside for reuse.
• Saw cut the existing concrete above the piping and tank.
• Breakout, remove and dispose of all required concrete above the tanks, lines and island.
• Excavate all required soil to expose the entire piping run and the top of the fuel tank.
• Remove and dispose of all existing product and vapor recovery piping.
PHASE HI - TANK UPGRADE
• Repair all fiberglass Turbine and Piping sumps with fiberglass.
• Repair all sump risers and adhere to tank collars.
• Supply and install new entry boots in all sumps.
PHASE IV - DISPENSER PAN UPGRADE AND SYSTEM REPIPE
• Over excavate the hole for the new dispenser pan and dispose of excess soil.
• Provide and install two (2) U.L. approved non-metallic deep dispenser pans.
• Provide and install the following equipment in the dispenser pan:
• Provide and install all required fiberglass piping for the Diesel and Gasoline system. The primary piping will
be 2" fiberglass pipe with 3" secondary for the product, 2" fiberg,lass for the vapor return and vents. All
piping connected to the tank must be made with stainless steel flex lines. All piping connected to the
existing vent risers must be made with stainless steel flex lines and be encased with 3" rubber flex boots.
Factory -trained and certified installers will install all piping, certification will be provided to the customer
with submittal packages.
• All piping and conduit penetrations in the tank and dispenser sumps will be sealed using flexible entry boots.
C AWord\allreps\joe\2003\NationalCityPublicWorksUSTUgrade 11.6.2003
November 6, 2003
City of National City
Public Works Department
Page 3 of 8
• Perform piping pressure tests on the product primary, secondary, vapor recovery and vent lines.
• Perform the dispenser pan and tank sump hydrostatic tests, and tank annular space vacuum tests. (These
tests are a part of the S.B. 989 secondary testing requirements and AB 2481).
PHASE V — INSTALLATION OF PHASE II VAPOR RECOVERY
• Remove and dispose of all existing vapor recovery piping.
• Provide and install all required fiberglass piping for Stage II Vapor Recovery System for the Diesel and
Gasoline system. The primary piping will be 2" fiberglass pipe with 3" secondary for the vapor return and
vents. All piping connected to the tank must be made with stainless steel flex lines. All piping connected to
the existing vent risers must be made with stainless steel flex lines and be encased with 3" rubber flex boots.
Factory -trained and certified installers will install all piping, certification will be provided to the customer
with submittal packages.
• Install steel risers.
• All piping penetrations in the tank and dispenser sumps will be sealed using flexible entry boots.
• Perform piping pressure tests on the vapor recovery and vent lines.
PHASE VI - SYSTEM ELECTRICAL
• Reconnect all electrical to system, test.
PHASE VII - SHE RESTORATION
• Backfill the trenches and top of the tank with excavated material.
• Provide rebar for the drive pad and into the existing concrete pad on all sides. The rebar is to be minimum
#5 on 18" centers both ways.
• Reinstall the required man ways and set to grade.
• Provide the concrete pad to match the existing. The thickness of the concrete is equal to the existing pad.
All concrete is to be 3,000 PSI mix design. The existing island will be patched as to provide a smooth
transition from the existing to the new.
• Reinstall the existing dispensers and make all electrical and piping connections.
PHASE VIII -TEST INSTALLATION AND TRAIN PERSONNEL
• Line liquid integrity test.
• Test the complete system per regulatory requirements and obtain approvals.
• Perform all inspections as required to complete system.
• Train facility personnel.
C:\Word\allreps\joe\2003\NationalCityPublic WorksUSTUgrade 11.6.2003
November 6, 2003
City of National City
Public Works Department
Page 4 of 8
Total Estimated Project Cost for Installation $51,669.00
Notes:
1. A California UCC-1 form is to be expected in conjunction with this contract and will not be recorded unless
there exists any default on the aforementioned contract. The UCC-1 will be returned intact upon payment in
full of the balance and when the check has been properly endorsed and has been paid by the bank upon
which it was drawn.
2. This proposal is based upon some asphalt / concrete cutting and excavation in order to perform a portion of
the scope of work outlined. If in the performance of this scope of work more than an 8" thickness of
concrete is encountered, additional costs will be incurred in this removal and these costs for material, labor
machinery will be billed to the customer as an extra to the job.
3. This proposal does not include any shoring or tank hole de -watering, compensation for loss of business or
guarantees regarding completion date for the job.
4. Replacement of asphalt / concrete will be accomplished using appropriate industry standards in best effort to
match existing surface, but an exact match may not be possible.
5. During the construction of this project, the need for heavy equipment will be required. If this equipment
causes damage to any asphalt or concrete, the cost to repair or replace any damaged asphalt or concrete
will be the responsibility of the owner.
6. Advanced Environmental Services, Inc. assumes no responsibility for underground obstructions. In the
event of underground obstructions such as: sewer, water, air, telephone, gas, electrical, concrete saddles,
rock, numerous boulders in excess of 10" in diameter, or any condition which may impede or retard the
progress or normal excavations including, but not limited to sandy or wet soil which may cause cave-ins, all
labor and materials expended by Advanced Environmental, Inc. to overcome such obstructions will be billed
as an extra on the job.
7. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner
according to standard practices. Any alteration or deviation involving extra cost will be executed by written
order and will become an extra charge over and above the amount set forth above.
8. Advanced Environmental Services, Inc. shall not be responsible for delays caused by strikes, accidents,
contamination or other contingencies beyond our control. Such delays will result in renegotiation of
contract in the event that the delay exceeds 30 days from the last day of the job. If contract is not
renegotiated, payment must be made on all expenses incurred up to and including the last day on the job,
upon demand. If any underground lines or hazards i.e., conduit, ledge rock, debris or water interfere in the
proposed excavation area, cost of removal, relocation or extra work shall be borne by the owner as an extra
on the job.
9. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Worker's
Compensation Insurance.
C:\W ord allreps\joe\2003\NationalCityPublic WorksUSTUgrade 11.6.2003
November 6, 2003
City of National City
Public Works Department
Page 5 of 8
10. Payment is to be made as outlined below. We charge a finance charge of 1 1/2% monthly on past due
amounts. This is an annual rate of 18%. A handling charge will be made on all merchandise returned unless
defective. It if further understood and agreed that in the event this bill becomes overdue and the seller
commences legal action for the collection of same, the buyer will pay all costs for collection including
attorney fees, court fees, incidental costs, an 1 1/2% finance charges monthly and not more than 18%
annually.
11. If contract teens and conditions are not met within a specified time and within the confines of this contract,
Advanced Environmental, Inc. or its agents reserves the right to take possession of any material or
equipment sold to the buyer as a part of this contract in order to recover costs for the unsatisfied contract.
Manifesting and labeling will be provided by Advanced Environmental Services, Inc. as a service to City of National
City.
Your waste will be handled and transported according to all Local, State, and Federal laws governing our industry.
Thank you for providing Advanced Environmental Services, Inc. the opportunity to submit the preceding proposal
for your review and consideration.
If you have any further questions or need any additional information please do not hesitate to contact me directly at
your earliest convenience.
incerely,
C. Wilson, REA
anced Environmental Services, Inc.
dous Materials Specialist
Environmental Engineering
Special Projects
JW:ve:20015-03
C:\ Word \allieps\joe\2003\NationalCityPublic WorksUSTUgrade 11.6.2003
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
November 18, 2003
AGENDA ITEM NO.
5
ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN
A CONTRACT WITH ADVANCED ENVIRONMENTAL SERVICES, INC. FOR THE PUBLIC WORKS
YARD FUEL FACILITY, SPECIFICATION NO. 03-4
PREPARED BY Albert Griego
336-4386
EXPLANATION
DEPARTMENT
See attached
ENGINEERING
EEnvironmental Review XN/A
Financial Statement
The total estimated cost of the project is $58,000.00. Funding is available through Account Nos!'"ance Director
196-409-500-598 1587 and 196-409-500-598-1156.
Approved By:
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMIS I N RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1.Resolution
2. Contract
Resolution No. 2003-160
A-200 (9;99)
fuel
EXPLANTION:
The project includes the rebuild/repair of the existing fueling systems at the Public Works Yard, located
at 2100 Hoover Avenue in the City of National City. This phase of the project includes the necessary
trenching to expose the primary piping to be cut to repair the secondary piping. In addition, the piping
will be adjusted at a desirable angle with the sump walls to guarantee a proper seal. The project also
includes the installation of a Phase I Vapor Recovery System that conforms to either the OPW Phase I
Vapor Recovery System (Executive Order VR-102-B) or the Phil-Tite Phase I Vapor Recovery System
(Executive Order VR-101-C) of the State of California Air Resources Board.
On October 10, 2003 this project was advertised for bid. The bid period was approximately 4 weeks with
a bid opening date established as November 5, 2003 at 2:00 pm. Unfortunately no contractors submitted a
bid on the project. In consultation with the City Attorney, we have determined that the Public Contract
Code allows the bid process to be waived on a Public Works project in the event that no bids are received.
We then called Advanced Environmental Services, a firm that we know to perform this type of work and
requested a proposal. They responded with a proposal of $51,699.
If we don't do this work we must shutdown our fueling facility. Currently all City vehicles use the facility
to fuel, including the fire department and police departments. The payback cost on the project when
comparing the retail price of fueling off -site to the wholesale price of fueling at our own facility is
approximately one year.
The total cost of this project is estimated to be $58,000. This includes the bid price of $51,699 and
$6331 to cover the cost of inspection and certification of the work, as well as a some contingency for the
event of unforeseen circumstances during the construction
RESOLUTION NO. 2003 —16
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH ADVANCED ENVIRONMENTAL SERVICES, INC. TO
UPGRADE THE UNDERGROUND FUEL STORAGE TANKS
AT THE PUBLIC WORKS YARD FUEL FACILITY
(ENGINEERING SPEC. 03-4)
WHEREAS, the City desires to employ a contractor to upgrade one 15,000 gallon
gasoline fuel underground storage tank (UST) and one 5,000 gallon gasoline fuel underground
storage tank to include Phase I and II vapor recovery ; and
WHEREAS, the City has determined that Advanced Environmental Services, Inc.
is an environmental contractor and is qualified by experience and ability to perform the services
desired by the City, and Advanced Environmental Services, Inc. is willing to perform such
services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with
Advanced Environmental Services, Inc. to upgrade one 15,000 gallon gasoline fuel underground
storage tank (UST) and one 5,000 gallon gasoline fuel underground storage tank to include
Phase I and II vapor recovery. Said Agreement is on file in the office of the City Clerk.
Passed and adopted this 18th day of November, 2003.
Nick Inzunza, Mayor
ATTEST:
Michael Dalia, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney