Section 9, Item 9D.
Amount
$ 75,452
$ 53,506
$ 3,592
$ 67,286
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5 High Performance Acylic: Water Tank and Frame 2 Coats Scope and Price of Contract: Customer agrees to pay for any and all of the following goods and/or services under the terms and conditions set forth herein: Rental and Purchase of Equipment, Labor, Management, and Field Technical Support. The Contract includes these Terms and Conditions and the attached proposal and documents incorporated into the attached proposal. CAL INC will provide the specific materials, equipment and/or services to Customer at the price set out in the attached proposal and these Terms and Conditions.
Contract Effectiveness: Any price quotation as set out in the attached proposal is valid for ninety (90) days from the date of the proposal. The Contract is conditional upon CAL INC’s credit approval of Customer.
Terms and Conditions of Agreement
Temporary Facilities and Other Support Items. Customer shall provide and pay for: flagmen, temporary barriers, signs, traffic control devices, safety nets, permits, lights, and any other similar items that may be required by law; electrical power, lighting, and other utilities; washrooms, dumpsters, lunch areas, toilets, parking; security for the jobsite.
Substitution of Materials or Equipment: In the event the materials or equipment set forth in CAL INC’s proposal are unavailable in time to support the Customer’s schedule for the work, CAL INC reserves the right to substitute materials or equipment which can perform the same function.
Retention / Holdbacks: CAL INC shall not be subjected to any retention or holdback from our payment, unless expressly required by law.
Description
ITEMIZED BREAK DOWN
PROPOSAL PRICING
Project Exclusions and Inclusions
*This Scope and proposal are to be included, and made part of the contract documents or Purchase Order issued to CAL INC. *Includes: Labor, materials, equipment, and disposal costs. *Includes the Following Insurance: Insurance will only be held for the duration of CAL INC's scope of work. >General Liability = $6M occurrence/$7M aggregate
>Auto = $1M
>WC = $6M
>Professional liability = $6M occurrence/$7M aggregate
>Pollution liability = $6M occurrence/$7M aggregate
*If additional insurance coverage is needed outside our normal limits a change order may apply. *Includes CAL/OSHA Notification. Does not include 10 day AQMD notification unless specified in scope of work/pricing. If the project gets cancelled and a AQMD notification (10 day) has already been filed by us, CAL INC will be charged a cancellation fee, which will then be passed along to the client or general contractor. *Assumes Water and power are available or provided on site. *Excludes anything not called out in scope of work.
*Excludes Perimeter Monitoring and/or Clearance Sampling. *Excludes moving of any items prior to commencement of work. *Excludes Patch, repair, or any new work.
*Excludes Bonds & Builders Risk Insurance.
*Excludes Permits, Excludes Shoring
*Excludes anything not called out in scope of work.
*Excludes PLA or any other union agreement outside our local 67 union agreement. *Work must complete within 6 months to maintain these rates if over, change order for revised union rates may apply. *Due to extreme weather conditions, CAL INC may start at an earlier or later time in the day. If this happens during the project, CAL INC is not liable for the delay as the delay is due to safety measures taken during these extreme conditions.
*This Proposal is based on one mobilization. If additional mobilization is needed a change order may apply. *Parking must be available for workers onsite. Parking will be charged at cost plus 5% if not provided *Payment is due at NET 30 for all public works projects. Payment is due upon completion for all others. *Retention / Holdbacks: CAL INC shall not be subjected to any retention or holdback from our payment, unless expressly required by law. If required: Retention shall be paid at NET 30 from CAL INC's completion of work. Furthermore, will not exceed a year from work performed. *Once job commences, CAL INC will bill for the mobilization & permit fees and will provide weekly progress billings *Verbal discussions regarding start date might be discussed prior to contract or proposal being signed; However, CAL INC cannot guarantee schedule until after contract or proposal is signed.
If any of the assumptions below are related to or mentioned in a line item or scope in our proposal the following assumptions applies:
> For Paint work: CAL IINC is not responsible for the transportation/ disposal of paint cans with paint remaining. Paint cans with left over paint will be left on site > Cont. Paint Work: It is the Owners/GC responsibility to notify all persons of the activity of work being performed. CAL INC will not be responsible for any overspray within 900 feet of the working area.
> Cont. Paint work: CAL IINC is not responsible for the transportation/ disposal of paint cans with paint remaining.Paint cans with left over paint will be left on site > Cont. Paint Work-: CAL INC is an SSPC member. CAL INC holds the PCI Level 1 and QCS certification. No other SSPC certifications are included. >For Concrete Slabs -Foundation slab work is based on industry standard thicknesses no greater than 6 inches. Foundation slabs are to remain. Anchor bolts to be removed at slab level. If slabs are removed. Rough grade only. No pad prep. If the concrete exceeds these standards, a change order may apply. >For Concrete Footings-Concrete Footings to be snapped up to 2 ½ feet down. This is based on industry standard thicknesses. If the concrete exceeds these standards, a change order may apply.
> For Mold Work: Due to Mold being a living organism, any water intrusion will cause the mold to return. CAL INC is not responsible for recurring mold after remediation has been completed by CAL INC.
> Ladder/Equipment:Assumes ramps, scaffolding, elevator, etc is available for safe moving of equipment, waste, or material onto or removal of from work site, unless provided for in bid as a line item
>Lead-Paint Stabilization/Removal Work: Work proposed is for remediation purposes, not renovation unless otherwise stated above. No sanding will be performed unless stated specifically in the scope of work. There will be small hairline surfaces where the loose and flaky is removed from the remaining stabilized paint. Depending on the thickness of the paint layers, there may be some pealing of wall paint. CAL INC will do everything possible to avoid, but will not be held responsible for repairs if layers do come off the wall. LBC encapsulation will be applied to the top to stabilize the paint edges. Priming and painting of the remediated areas are not included unless specified in the scope of work specifically.
Lead Stabilization: Water Tower Tank and Frame
Full Encapsulation of Tank and Frame
Lead Waste: Transport and Disposal: 4-55gal Drums
Section 9, Item 9D.
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Extra or Additional Materials, Equipment or Services: CAL INC’s price is based upon the drawings, documents and information set forth in the attached proposal. Any additional services, equipment or materials required or requested by the Customer will be billed as an extra or additional cost at the rates set out in the attached proposal or as otherwise agreed in writing by the parties.
Payment: Payment for technical, materials or equipment rented or purchased on public works projects shall be due CAL INC 30 days after the date of invoice. Payment is due upon completion for all others. These terms are valid unless otherwise agreed to by CAL INC in writing. All late payments shall bear interest calculated at the rate of 18% per annum or the highest legal rate, whichever is less. Notwithstanding any other provision in the contract documents, CAL INC’s payment for work shall not be conditional in any way upon receipt of payment from the Owner.
Default and Termination: Should the Customer fail to make any payment as provided herein or become insolvent or bankrupt or breach any provision of these Terms and Conditions, the Customer shall be in default. [. . . .] Upon default, CAL INC may, without notice and without prejudice to any other remedy it may have, immediately terminate the Rental/Sale Contract, take possession of the equipment and materials without notice and without becoming liable for trespass, and recover all monies due and owing to CAL INC, including any expenses incurred in recovering the equipment and materials and any rentals, services and other charges incurred after termination. The Customer will pay on demand all such costs, charges, and expenses, including any and all reasonable legal costs and attorney fees paid by CAL INC retaking possession of the materials or equipment and/or in the collection of any monies which may be due and owing to CAL INC by the Customer.
Entire Agreement: This Contract contains the full and entire agreement between the parties. There are no agreements, conditions, representations, warranties, or otherwise, except as are contained herein. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any provisions hereof.
Moreover, no general contract, specification, drawing or other item shall be incorporated into or made a part of the Contract or binding on CAL INC unless it is agreed to in writing by CAL INC. Commencement of performance shall be deemed the acceptance by Customer of this Contract Waiver of Consequential Damages, Liquidated Damages: Neither CAL INC nor Customer shall be responsible to each other for lost profits, indirect, incidental or consequential damages arising out of or relating to this contract. Notwithstanding any other provision in the contract documents, in no event shall CAL INC be responsible or liable for liquidated damages.
Notice: Any notice or other communication required to be given hereunder must be sent by (1) first class mail to addresses of the parties listed or any other address communicated in writing by one party to the other, or (2) by facsimile, or (3) electronic mail.
Waiver of Subrogation: To the extent that any loss or damage occurs at the project involving or related to CAL INC’s services, equipment or materials, the Customer agrees to look solely to its insurance for any loss, damage or injury incurred, whether or not the insurance is sufficient fully to reimburse the Customer. Customer waives any right of subrogation against CAL INC to recover for any loss, damage or injury.
Claims: All claims for losses, damages, back charges or offsets by Customer shall be submitted to CAL INC in writing within 15 days of the first discovery of the potential for a claim. If Customer fails to provide such written and timely notice, CAL INC will be prejudiced in its ability to inspect and correct any problems. Accordingly, claims not made in accordance with this paragraph are waived.
Loss or Damage to Materials or Equipment: The Customer is responsible for all loss or damage to all materials and equipment in its possession or control. The materials and equipment shall be deemed to be in the possession of the Customer for all purposes of this Agreement from the time it is received by the Customer until the time that the materials or equipment has been returned to CAL INC’s yard. All shortages and damages to materials or equipment in Customer’s possession will be charged to and paid by the Customer at CAL INC’s then current list price or such other rate agreed between CAL INC and Customer in writing, at the time such loss or damage is discovered by CAL INC. c) Damage to material or equipment by third parties.
Emergencies: In the event of an accident or situation involving death, bodily injury or product failure involving or related to CAL INC’s materials, equipment or services, Customer agrees to immediately notify CAL INC. CAL INC shall be afforded opportunity to immediately visit the site and perform any reasonable tests, analyses or investigation.
Technical Information: Where CAL INC has provided to Customer technical data, drawings, information or specifications for use of CAL INC materials or equipment, the following conditions will apply:
a) Customer agrees to defend, indemnify and hold CAL INC harmless against and from liability or claim for damage or injury sustained by reason of deviation in whole or part from such technical information.
b) All technical information shall remain the property of CAL INC and may not be used on any other project of any kind and nature without the express written consent of CAL INC. c) Assembly drawings will be charged out at $55.00 per hour. d) All notes, note sheets, specifications, and other information provided with CAL INC's drawings shall become part of this Contract.
Damage Limitation. Notwithstanding any other provisions of this contract, CAL INC is not liable for any loss, damages or injuries arising from or in connection with this contract to any persons or property except to the extent caused by the negligence of CAL INC. Without limiting the foregoing, it is specifically agreed that CAL INC is not liable for any loss or damage arising out of any one or more of the following:
a) Unauthorized alteration or modification of material or equipment by Customer or any third party. b) Overloading or inappropriate use of material or equipment by Customer or any third party.
Price: The price for materials, equipment or services shall be inclusive of all taxes and any costs of freight or transportation to the jobsite. The price for any materials, equipment or services shall be increased as a result of:
a) any increase in any wage rates including, but not limited to, any collective bargaining agreement to which CAL INC is a party as well as any governmental assessment affecting wages or increases in insurance costs and rental rates; b) any equipment damaged or lost pursuant to Paragraph 7 of these Terms and Conditions; c) any additional materials, equipment or services provided pursuant to Paragraph 8 of these Terms and Conditions; d) any other charges for which Customer may be responsible under these Terms and Conditions. d) Acts of God, including, but not limited to, severe weather, fire, flood, earthquake, sinkhole, terrorism, war, riot or unrest, strikes, labor disputes or any other cause beyond CAL INC’s control.
e) Use of CAL INC material or equipment under design or Technical Information provided by Customer or any third party.
Indemnity: To the extent permitted by law, Customer shall defend, indemnify and hold harmless CAL INC against any and all claims, actions, expenses, damages, losses and liabilities, including attorneys fees and expenses, for personal injuries (including death) and/or property damage arising from or in connection with this contract and/or CAL INC's equipment and services, but only to the extent such claims, actions, expenses, damages, losses and liabilities are caused by the acts or omissions of Customer or anyone directly or indirectly employed by them or anyone for whose acts they may be liable.
Compliance with Laws: Customer agrees to observe and conform to all applicable governmental laws, rules and regulations and Customer shall defend and indemnify CAL INC for the Customer's failure to comply with such laws, rules and regulations. All parties agree that they will abide by provisions and regulations.
Law of Contract: The terms and provisions of the Contract shall be construed and enforced in accordance with the laws of the Province or State in which the Project is located.
Section 9, Item 9D.
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Accepted By Authorized Representative of Above Client/Company Project Manager PH : Rene Vargas 707-689-7563
Project Manager Email: [email protected]
Office: 707-446-7996
Fax: 707-446-4906
Estimator Phone: Rene Vargas 707-689-7563
Estimator Email: [email protected]
TBD
Again we appreciate the opportunity to provide our quotation for this project and sincerely hope that our prices, terms and conditions merit your full consideration in the award of this contract.
33697
Job # Contract Value
Project Manager Signature
Rene Vargas
Estimator Print Name Print Name
Address
Respectfully Submitted,
Estimator Signature (Signature)
CAL INC
PO# if applicable
DIR WAGE Determination for all Prevailing wage work
0 Date of signature
Rene Vargas
Project Manager
Contractors License #:
Title to Equipment: Title to the materials and equipment, shall at all times and at all places, remain with CAL INC. The materials and equipment shall not, without prior written consent of CAL INC, be removed from the site designated by the Customer at the time of shipment and shall not be intermingled, connected or used with any equipment of others. CAL INC shall have the right, at any time, to file or register its ownership, interest and/or title in or to the materials and equipment, and this Agreement as may be permitted by law.Section 9, Item 9D.
Standard of Performance: CAL INC shall provide services with the care and skill ordinarily used by similar persons operating under similar circumstances. CAL INC makes no representations, warranties, express or implied, in conjunction with these services. CAL INC shall not be responsible whatsoever for any claim or demand in respect to any Technical information, opinion, data, drawings or specifications which are not marked or stamped by a Professional Engineer engaged by CAL INC.
Information Supplied by Others: CAL INC shall be entitled to rely upon information supplied by or through Customer in performing its services. Customer warrants that the information supplied to CAL INC shall be accurate, complete, and appropriate for the Project and CAL INC’s scope of work. Customer agrees to defend, indemnify and hold CAL INC harmless from, any and all costs, expenses, damages, liabilities, claims, and causes of action, including reasonable attorney’s fees, arising out of or related to any error or inaccuracy or defect in the information supplied by Customer or on Customer’s behalf to CAL INC.
Scope of Services: CAL INC shall provide services as outlined in the attached proposal. In the performance of these services, CAL INC shall supervise the work of its own employees and agents, only. CAL INC shall not supervise, direct, or control the work of others or have a right to control the means, methods, techniques, or sequences of engineering, design or construction by others.
Access to the Work Site: Customer shall obtain the necessary permits or permission for CAL INC to have access to the site, or to erect from adjoining property, if required. CAL INC shall have complete access to perform its work as outlined in the attached proposal and Customer agrees to provide the following:
Miscellaneous: Customer is precluded from assigning the Contract in any manner whatsoever. Time shall be of the essence of this Contract. In the event any term, provision or condition of this Contract is held to be invalid, illegal, or unenforceable, it shall not affect the validity, illegality or enforceability of the remainder of the Contract. This Agreement shall inure to the benefit of and shall be binding upon the parties and their successors. Each party agrees to execute such further papers and documents that may be necessary to carry out the intent and purpose of this Rental/Sales contract and its provisions.
ARBITRATION CLAUSE: CAL INC and the Customer agree to conduct their relations under this contract on the basis of friendship, fair dealing and mutual respect. In the event, however, that any dispute or claim should arise out of or in connection with any matter, including the interpretation, enforcement, jurisdiction, performance or non-performance of this contract, CAL INC and the Customer agree to resolve such dispute or ambiguity expeditiously through discussion and consultation and, if necessary, through consultations at their highest management levels. In the event that a dispute or claim cannot be resolved through discussion and consultation, it shall be referred to binding arbitration in accordance with the commercial industry rules of the American Arbitration Association. The award of the arbitrators shall be final and binding, and shall be enforced in any court of competent jurisdiction.
Service Of Notice Of Arbitration: The parties agree that service of any notices in reference to such arbitration at their addresses as given in this Contract (or as subsequently varied in writing by them) shall be valid and sufficient.
Damage for Delays: Notwithstanding any other provisions to the contrary, CAL INC may recover delay damages when the delays are caused by persons other than CAL INC or events beyond CAL INC’s control.
Extra Work: CAL INC will not perform any extra work outside the work scope defined herein unless requested in writing by CUSTOMER. CUSTOMER agrees to reimburse CAL INC for all authorized extra work at the following rates; straight time at $77.11, overtime at $101.50, and double time at $130.28 per hour, per man, plus rental for additional equipment and extra materials at cost plus 15%. Until a Change Order is in place, replacing these rates CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTER OF THE BOARD, WHOSE ADDRESS IS: Contractors State License Board, PO Box 26000, Sacramento, California 95826 A, B, C‐13, C‐21, C‐22, C‐33,C‐39, ASB, HAZ
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CAL INC / CALINC Training, LLC.
CAL INC ‐ CSLB License No. 657754
CAL INC ‐ DOSH Registration No. 482
CALINC ‐ EPA Lead‐Safe Firm No. NAT‐19569‐2
CAL INC - SSPC Member ID No. 67930
CAL INC ‐ Minority Business Enterprise (MBE) Certified
CAL INC ‐ Golden Shovel Certified
CAL INC ‐ Signatory to Local 67 Laborers Union
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Types of Jobs We Work on:
Schools, Bridges, National Parks, Federal Government &
Miliary Sites, Homeless Encampments, Private and
Commercial Office Buildings, Residential Homes and
Apartment Complexes, Manufacturing Plants and Facilities, etc.
Asbestos Testing
Lead Testing
Mold Testing
Storm Water (SWPPP) Compliance
Phase I Environmental Site Assessments
Phase II Environmental Site Assessments
Clearance & Abatement Oversight/Monitoring
CAPABILITIES STATEMENT
Asbestos Removal, Lead Paint, Stabilization
Fire Debris Removal/Clean-up
Pre‐Demo Abatement, DOSH Demo
Mold Remediation
Hazardous Waste Disposal & Transportation
Asbestos, Lead, HAZWOPER, OSHA,
Confined Space, Mold & More!
On‐Site & Open Enrollment
Virtual Training
COMMERICAL &
INDUSTRIAL COATINGS
1-800 -359-4467 2040 Peabody Rd., Suite 400, Vacaville, CA 95587 www.cal-inc.com
ENVIRONMENTAL
REMEDIATION
ENVIRONMENTAL &
SAFETY TRAINING
ENVIRONMENTAL
CONSULTING
Industrial Buildings
Factories & Warehouses
Pre‐Fab Buildings Metal Walls & Roofs
CONTACT:
David Esparza, CEO
707.446.7996
[email protected] TRAINING ABATEMENT
EST. 1979
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Section 9, Item 9D.