15201 Pipeline Lane Suite B Huntington Beach, CA 92649 / 714-892-2028 / 714-891-9807 / St. Lic. No. 922790
09-13-2023
Sierra Omlin Bill To: Sierra Omlin
415 W 18th St 415 W 18th St
Merced CA 95340 Merced CA 95340
Attn: Sierra Omlin Attn: .
209-385-6790 Ext: 209-385-6970
Claim/P.O. No. [email protected]
Email: [email protected]
Re:
Dear
We are pleased to submit our proposal for work located at the above address. The purpose of this document is to define the scope of work and pricing structure and to identify any conditions that would require coordination in order to complete your project in a safe and timely manner.
The pricing schedule and work items included in the bid proposal are effective for 60 days from today.
As part of our standard operating procedures, P.W. Stephens Environmental, Inc. provides a number of protective measures that may not be available from other contractors. Among these are:
• Five million dollars of True Occurrence General Liability insurance. • An independent in-house Project Quality Inspection Program that insures adherence to stringent quality control systems
• Licensed patent usage of the GPAC negative air filtration system.
This project requires a notification period to various regulatory agencies. Please plan accordingly to eliminate possible coordination problems.
We hope this proposal meets with your approval and look forward to working with you. I will follow -up to discuss the status of your project. If you have any questions, please call.
Respectfully,
Gary Janz
Branch Manager
Asbestos
Sierra,
Sierra Omlin 415 W 18th St Merced CA 95340
This proposal includes supplying all labor, material, equipment, personal air monitoring, permits, and fees associated with the removal of the following asbestos, mold or lead containing materials.
Area Scope of Work Quantity Size Line Total
Mobilization
Mobilize crews for portal to portal service. Includes drive time and fuel to and from job site lodging and hotel costs, equipment staging and material delivery. ea.
Containment
Charges to set up and contain work area with plastic sheeting to prevent dispersion of dust and debris during remediation process. Those charges include but are not limited to decontamination chambers, hot and cold water for showers, zippers, duct tape, 4-mil plastic, signs, barricades and small equipment necessary for proper work conditions. 1 ea. $3,150.00 Downstairs
Office:
Remove and dispose drywall 4' up on all walls. 192 sq/ft $1,152.00 Remove and dispose insulation. 136 sq/ft $408.00
Remove and dispose carpet. 186 sq/ft $558.00
Remove and dispose VCT on slab, razor scrape three -dimensional flooring mastic. Residual flooring mastic WILL REMAIN and SHALL BE ENCAPSULATED to the concrete slab (per square foot). 186 sq/ft $1,116.00 Wet wipe, HEPA vacuum and clean horizontal and vertical surfaces in work area. 788 sq/ft $2,364.00
Office Closet
and Storage:
Remove and dispose drywall 4' up on all walls. 156 sq/ft $936.00 Remove and dispose insulation. 92 sq/ft $276.00
Remove and dispose carpet. 89 sq/ft $267.00
Remove and dispose VCT on slab, razor scrape three -dimensional flooring mastic. Residual flooring mastic WILL REMAIN and SHALL BE ENCAPSULATED to the concrete slab (per square foot). 89 sq/ft $534.00 Wet wipe, HEPA vacuum and clean horizontal and vertical surfaces in work area. 482 sq/ft $1,446.00
Equipment
Provide negative air filtration system to prevent dispersion of dust and debris during clean-up process. 3 day(s) $375.00
De-Mobilization
Demobilization to include: Containment(s) removal, equipment pick-up, waste removal and equipment decontamination. 1 ea. $700.00 Disposal
Properly bag, label, manifest, transport and dispose of waste to licensed landfill as required by State, Local or federal guidelines. 190 bags $1,140.00 Permits and
Fees
Sierra Omlin 415 W 18th St Merced CA 95340
Area Scope of Work Quantity Size Line Total
Administration fees to process manifest, notification, fees and permits to regulatory agencies only. *Does not include any city, building or other permits and fees.* 1 ea. $200.00
SJVAPCD notification fee. 1 ea. $288.00
QUOTATION TOTAL: $14,910.00
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Sierra Omlin 415 W 18th St Merced CA 95340
The State Board of Equalization will assess a fee for each generator that produces five tons or more of hazardous waste. This ASSESSED FEE IS NOT INCLUDED IN THIS CONTRACT. Please be aware that if you generate more than five tons of hazardous waste, the BOE will bill you the required fee.
The new generation and handling fee became effective January 1, 2022 due to Senate Bill 158. This new fee replaces the generator fee that was repealed.
Current fees are as follows:
Generator Size: Fees:
Less than 5 tons/year $0.00
5 tons or more $49.25 per ton
Contact your P.W. Stephens Environmental, Inc. representative to help assist you in approximating your Generator Fee.
Recent lead laws require that any pre 1978 structure where lead paint will be disturbed must have the paint tested or presume that it is positive. P.W. Stephens Environmental, Inc. (P.W.S.E.I.) strongly recommends that these painted surfaces be tested for lead content prior to performing work. If P.W.S.E.I. has not been provided with lead testing results, we will assume all painted surfaces to be lead containing. P.W.S.E.I. will profile and characterize these materials for the proper handling and disposal.
Pending the results of the lead profile and characterization, additional disposal costs may be charged at a price to be determined.
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Sierra Omlin 415 W 18th St Merced CA 95340
General Items
1. Due to pre-existing conditions in home P.W. Stephens Environmental, Inc. is not responsible for contamination of dwelling or contents in surrounding areas of home.
2. Removal of inaccessible asbestos, mold or lead containing materials is not covered in estimate. Additional charges will apply if materials have to be removed to uncover asbestos, mold or lead containing products.
3. Plumbing supply lines may be faulty and may need to be replaced. This cost is not covered in the removal estimate.
4. Doors, lights, ceiling fans, curtains and other items may need to be removed by P.W. Stephens Environmental, Inc. to perform abatement work. P.W. Stephens Environmental, Inc. will not re-install these items.
5. Contents and appliances need to be removed from work area prior to abatement. Additional costs will be applied if contents n eed to be removed unless otherwise stated in the Scope of Work in this contract.
6. P.W. Stephens Environmental, Inc. is not responsible for damages of contents or personal items left in work area and or moved out of work area by P.W. Stephens Environmental, Inc. employees, unless the moving of these items is included in the Scope of Work of this contract.
7. Due to odors caused by chemicals for mastic removal, the areas will be razor scraped to remove majority of mastic, but residual mastic will be left after scraping and will be sealed with an E.P.A. approved encapsulant.
8. Electrical wiring, telephone wiring, security wires and plumbing inside wall cavities may be damaged as a result of remediati on activities.
Repairs to these items are not the responsibility of P.W. Stephens Environmental, Inc. and should be thoroughly che cked by a licensed contractor before drywall is reinstalled.
9. Clearance testing in not included unless otherwise stated in the Scope of Work of this contract. Testing should be performed by an Independent Laboratory hired directly by the owner of the property or the owner’s representative.
10. Doors, door casings, windows, windowsills, baseboards, cabinets, walls, wallpaper and paneling may be damaged as a result of containment installation. These surfaces may or may not contain lead -based paint. Please make arrangements with contractor for add itional cost of repairs. This cost is not covered by P.W. Stephens Environmental, Inc.
By initialing here, I acknowledge that I have read and agree to the terms listed in items 1-10 above. Int1 Please Initial
Personal Property and Content Waiver
11. Any and all contents and/or personal property left within the work area at the time P.W. Stephens Environmental, Inc. begins its work will be considered abandoned by its owner. P.W. Stephens Environmental, Inc. may conclusively conclude that these items are abandoned and are authorized to dispose of these items in a manner it deems advisable. By signing this document, the undersigned agrees to waive any and all claims against P.W. Stephens Environmental, Inc. pertaining to the disposal of said property.
12. I may elect to keep selected contents from my home/unit. P.W. Stephens Environmental, Inc. has advised me that these items s hould be disposed of as hazardous containing waste. I choose to keep them at my sole discretion. I understand P.W. Stephens Enviro nmental, Inc. will clean the contents using state of the art methodology (i.e. wet wiping and hepa vacuuming). I agree to indemnify and hold harmless P.W.
Stephens Environmental, Inc. their agents, employees, administrators, officers, directors, attorneys, insurers, and assignees, from any future claims or disputes for which I have executed this contract.
By initialing here, I acknowledge that I have read and agree to the terms listed in items 11-12 above. Int1 Please Initial
Mold Remediation Specific Items
13. Unless source of water intrusion is promptly and adequately repaired, mold growth is likely to reoccur. P.W. Stephens Environmental, Inc. is not responsible for identifying and/or repairing the source of the water intrusion, unless specifically stated so in the scope of work.
14. Should additional mold reservoirs be discovered, P.W. Stephens Environmental, Inc. will communicate this to Insurance Company and the homeowner. This may affect final cost.
By initialing here, I acknowledge that I have read and agree to the terms listed in items 13-14 above. Int1 Please Initial
Sierra Omlin 415 W 18th St Merced CA 95340
Conditions of the Proposal
The project will be scheduled and worked on a straight time, normal working schedule of eight hours per day, Monday - Friday, excluding holidays.
This proposal is based on private wage rates.
The customer will provide all necessary water and usable electrical power. The customer will provide toilet facilities.
The customer is responsible for removing all movable objects and furniture from the abatement area. Heating, ventilating, and air-conditioning equipment supplying the work area must be shut off.
Parking spaces for one (1) vehicle must be provided near the work area.
P.W. Stephens Environmental, Inc. will supply project records, including air monitoring, employee training, medical certifications and waste disposal records upon request.
This proposal includes all specified and reported asbestos, mold and lead containing materials identified in the scope of work. It does not include any materials that are not subject to view and inspection.
All work performed on an hourly rate will be charged at a Portal-to-Portal basis.
All work to be performed by trained and accredited personnel.
Minor damage to walls, wallpaper, ceilings and floors, wood and all painted surfaces may occur as a result of containment installation. This is necessary to ensure the integrity of the containment. These surfaces may or may not contain lead-based paint. Every attempt will be made to keep such occurrence to a minimum. This proposal does not include the cost of any repair which may be required as a result of our containment installation.
Access to the area inside containment will be limited to P.W. Stephens Environmental, Inc.'s employees and the customer's authorized visitors.
Photo Documentation: PWSEI routinely takes photos of our work site projects before, during and at the completion of our work. The photo documentation is done to assure that our crews are performing work in compliance with industry guidelines. The photos are uploaded to Compan yCam, a photo storage provider. These photos are saved for job performance documentation.
All asbestos removal will be in accordance with federal, state and local regulations including 40 CFR, Part 61; 29 CFR, Part 1926.58; CCR Title 8, Section 1529; and local AQMD / APCD guidelines.
Lead abatement will be in accordance with federal, state and local regulations, including 40 CFR Part 745, Title 17, CCR, Division 1 Chapter 8, Title 8 Section 1532 and Federal OSHA 29 CFR 1926.62.
This proposal is based upon our terms and conditions as outlined in this proposal.
This proposal is subject to change and may be withdrawn if not accepted within sixty (60) days of this date.
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Sierra Omlin 415 W 18th St Merced CA 95340
Legal Terms and Conditions
The Work: P.W. Stephens Environmental, Inc (P.W.S.E.I.) will supply all work as described in the proposal, in accordance with the time schedule, if applicable.
Schedule Change: Where a schedule is applicable, P.W.S.E.I.'S obligation whereunder is based upon the Schedule, both as to duration and sequ ence. In the event of any significant change in Schedule, the bid price and Schedule shall be equitably adjusted. P.W.S.E.I. shall also receive an equitable adjustment of the bid price if this contract is terminated otherwise than for P.W.S.E.I.'S material breach.
Work Week: Unless otherwise stated, P.W.S.E.I. will supply labor for the Work on a regular 40-hour week without overtime. If the Customer requires overtime in excess of that which has been included in the proposal, P.W.S.E.I. will be reimbursed for the premium portion of wages paid (including payroll taxes and insurance) plus a reasonable allowance for loss of productivity caused by the overtime.
Guarantee: P.W.S.E.I. warrants and guarantees that for a period of one year from date of completion of the Work, it will repair or repla ce any Work which is defective in materials or workmanship, or which does not conform to the specifications set forth in the Bid Documents. P.W.S.E.I.'S liability is limited to the foregoing, and it shall not in any case be liable for indirect, incidental or consequential damages of any kind. Additionally, P.W.S.E. I. does not guarantee the performance of any material for other than those used for which the material is intended. In no case sh all P.W.S.E.I.'S liability exceed that of the product manufacturer's guarantee.
Insurance: P.W.S.E.I. will supply worker's compensation insurance for its employees in the forms and amounts required by law. In addition, P.W.S.E.I. will supply general liability and auto insurance described in a certificate of insurance (supplied to the customer on request) with a com bined single limit of $1,000,000 per occurrence (or higher if stated in the proposal) written on an occurrence form.
Site Access: Customer agrees to insure that prior to any abatement operations, the control area and/or storage area shall be vacated and shall remain closed to all persons (other than P.W.S.E.I. employees) for the duration of the project. In the event that any indivi dual other than P.W.S.E.I. employees enter the control area, Customer agrees to indemnify, defend and hold P.W.S.E.I. harmless, including its officers, directors, employees, agents and related affiliated entities, from and against any and all claims, demands losses, liabilities, costs, expenses (including reasonable attorneys ’fees), fees, actions, suits, proceedings and judgments arising from or relative to asbestos, mold or lead exposure arising there from. If unauthorized visitors cannot be controlle d by Customer, P.W.S.E.I., in its sole discretion, may terminate this contract and vacate the jo bsite immediately. Customer shall be liable for the work performed by P.W.S.E.I. up to the date of termination, plus any losses incurred by P.W.S.E.I. as a result of said termination. Customer agrees to ensure that all authorized visitors shall read and sign P.W.S.E.I.’S visitor policy. If an authorized visitor fails to read and sign P.W.S.E.I.’S visitor policy, customer agrees to indemnify, defend and hold P.W.S.E.I. harmless, including its officers, directors, employees, agents and relating affiliated entities, from and against any and all claims, demands, losses, liabilities, costs, expenses (including reasonable attorneys ’fees), fees, actions, suits, proceedings and judgments arising from or relative to asbestos exposure arising there from.
Bonds: Upon request and at the expense of Customer, P.W.S.E.I. will furnish performance and payment bonds written by a corporate sur ety. The cost of any such bond is not included in the bid price unless specifically stated otherwise.
Cancellations: The owner may cancel this contract at any time prior to midnight of the third (3rd) day after signing this contract. Schedule changes must be made no later than 24 hours in advance. In the event our abatement crew shows up at the job site as scheduled, and are not able to start work, you agree to pay $125.00 for 2 hours show up time, per workman.
Changes and Extras: Customer may change the Work at any time and from time to time, including changes in scope, methods, scheduling or performanc e requirement, in which case the contract price and completion date will be equitably adjusted. All change orders must be acknowledged inwriting.
Supplied Property: Whenever the Customer, its employees, contractors (other than P.W.S.E.I.), use ladders, scaffolding, tools, vehicles, equipment or property of any kind either owned or rented by P.W.S.E.I., Customer shall indemnify and hold P.W.S.E.I. harmless from any and all claims, demands, damages, causes of action and suits of whatsoever nature and kind, arising out of or connected with the use of such ladders, scaffolding, tools, vehicles, equipment or property, except when caused by the sole active negligence of P.W.S.E.I..
Differing Site Conditions: If P.W.S.E.I. encounters subsurface or latent physical conditions at the site, differing materially from those indicated in t he bid documents, or unknown physical conditions at the site, of any unusual nature, P.W.S.E.I. will promptly notify the Customer. If such conditions cause an increase or decrease in the cost of, or the time required for, performance of any part of the Work an equitable adjustment in price sh all be made and the contract time modified accordingly.
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Sierra Omlin 415 W 18th St Merced CA 95340
Legal Terms and Conditions (continued)
Force Majeure: P.W.S.E.I. shall not be deemed in default nor be liable for damages for any failure or delay in performance of its Work which arise out of caused beyond its reasonable control. Such caused may include, without limitation, acts of God or the public enemy, acts of the gov ernment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, material shortages, or unusually severe weather. In the event the Work is delayed by such causes, the time for performance will be extended accordingly.
Insurance Payment: Customer further agrees that upon receipt of any insurance check and/or draft for that portion of the work performed by P.W.S.E.I. for which the insurance Company is to pay or has paid under any insurance policy, that Customer will endorse and deliver sa id check/daft to P.W.S.E.I. within seven (7) days of receipt. Customer hereby assigns said insurance payment to P.W.S.E.I. By signing below, Customer further grants to P.W.S.E.I. a special irrevocable Power of Attorney giving P.W.S.E.I. the power and authority to endorse in the place and stead of Customer any check or draft from any such insurance company that is in payment or reimbursement for such work performed by P.W.S.E.I.
Litigation: In the event of any dispute based upon, arising out of, or related to the breach, enforcement or interpretation of any of the provisions of this Agreement and/or if any of the parties hereto fails to perform any of their obligations under this Agreement, then the prevailing party, as the case may be, shall be entitled to recover payment from the non -prevailing or defaulting party, of all of its actual costs and expenses reasonably incurred on account of such dispute or default, and/or enforcing its rights under this Agreement, including, but not limited to, attorneys’ fees, costs and expenses.
Legal Effect: This proposal offers to the Customer the terms and conditions upon which P.W.S.E.I. will perform the work described herein an d is made without regard to any of the provisions in the Bid Documents not expressly incorporated herein by reference or otherwise agreed to in writing signed by P.W.S.E.I. Upon acceptance, the proposal will represent the entire agreement of the parties with regard to performance of and payment for the Work and supersedes any and all previous understandings, representations and agreements between the parties hereto, whether written or oral.
Governing Law, Venue and Jurisdiction: This agreement shall be construed, interpreted and enforce according to the laws of the State of California. The parties agree that any and all disputes under this Agreement shall be brought in the state courts and/or the Federal courts located i n the County in which the Customer signed this Agreement, or the County in which the Customer resides at the time a lawsuit is filed.
Severability: If any provision of this Agreement is deemed to be void and unenforceable, that provision shall be omitted only to the extent necessary to make this Agreement valid and enforceable, and the remainder shall remain in full force and effect.
No Implied Waiver: The failure to either party at any time to require performance by the other party of any provision hereof or to otherwise enforce any provisions hereof shall not affect in any way such party’s right to require such performance or to enforce such provisio ns at any later time, nor shall a party’s waiver of a breach by the other party of any provisions hereof be taken or held to be a waiver of such provision.
Additional Terms and Conditions Specific to Mold Remediation Protocol and/or Clearance Testing: If protocol and/or clearance testing is not included in the Scope of Work, Customer by and through his/her independent industrial hygienists and/or environmental consultants, represents that he/she has performed or will perform a thorough envir onmental investigation (including post-remediation/ clearance sampling) and will specify the methods and extent of remediation. Customer hereby releases P.W.S.E.I. and its employee, officers and successors from any liability for error or omission made in the preparation of the protocol and the remediation methods by the independent industrial hygienists and/or environmental consultants, Furthermore, should Customer elect not to hire independent industrial hygienists and/or environmental consultants to perform a thorough environmental investigation (including post -remediation clearance sampling), Customer agrees to indemnify, defend and hold P.W.S.E.I. harmless, including its officers, directors, employees, agents and related affiliated entities, from and against any and all claims, demands, losses, liabilities, costs, expenses (including reasonable attorneys’ fees), fees, actions, suits proceedings, and judgments arising from or relative to mold exposure arising from the Affected Ar eas and/or any mold regrowth in and around the Affected Areas including but not limited to: Toxic, allergic, infectious and/or inflammatory illnesses and structural damage including warp, decay and dry rot.
Disclaimer: If not promptly and properly addressed, the Property may become biologically contaminated causing substantial additional damage that may present health hazards. If the customers’ independent industrial hygienist’s and/or environmental consultant’s recommendations are refused, mold, fungi and/or bacteria could grow in or around carpet, padding, walls, cabinets and elsewhere within the structure, causing further property damage and/or resulting in a “sick” building– which may be a health hazard. Owner understands that problems may result including but not limited to: Toxic, allergic, infectious and/or inflammatory illnesses and structural damage including warp, decay, and dry rot.
Historical Properties
Disclaimer: I have researched and attest this property, site, structure, building, object is not deemed a historical site and is not list ed on a city, county, unincorporated, state, federal or tribal district, preservation, or historic registry. If discovered to be historic at any time, I agree to hold PWSEI harmless and accept full responsibility for all associated fees, including but not limited to, legal fees, repair costs, replacement costs, permits, fees and fines.
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Sierra Omlin 415 W 18th St Merced CA 95340
Standard Billing and Payment Terms
Billing: Final Payment is Due in Full Upon Completion of Work.
Interest at the rate of.83%per month will be charged on all past due accounts. In the event of failure to pay any of the amount due on this contract, all collection cost and/or attorney fees in the collection of any such amount will be paid by the customer
These Billing and Payment Terms are a standard policy and cannot be changed without written agreement approved and signed by the Company’s President.
All Terms and Conditions are considered incorporated into any Purchase Order or Contract that is issued or signed by a P.W. Stephens Environmental, Inc. authorized employee.
Insurance Authorization to Release Funds
Customer agrees to authorize payment for services rendered to be paid Directly to P.W. Stephens Environmental, Inc. from my Insurance Company or Authorized Agent.
Sierra Omlin 209-385-6790
Name Phone Number
415 W 18th St
Address Claim Number
Merced CA 95340 09-13-2023
City/State/Zip Date:
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Notice to Owner
Under California Mechanics Lien Law, any contractor, subcontractor, laborer, supplier or other person who helps improve your property, but is not paid for his/her work or supplies, has a right to enforce his/her claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness . This could happen even if you have paid your contractor in full if the subcontractor, laborers or suppliers remain unpaid.
P.W.S.E.I is authorized and requested to sign the Hazardous Waste Manifest on my behalf. Int1 Please initial
I hereby agree to the P.W. Stephens Environmental Inc. proposal pages 1 through 91 : Agreed: int1 Please initial
Date: date1 Date: 09-13-2023
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Authorized Signature P.W. Stephens Environmental, Inc.
name1 Gary Janz
Name typed or printed: Name typed or printed of Sale Representative
Start Date: End Date:
Please sign and return this original contract in its entirety upon agreement, including its: Cover Letter, Scope of Work, General Items, Conditions of the Proposal, Legal Terms and Conditions and Standard Billing and Payment Terms.
Tax ID#: 26-2908551 - Cal/OSHA Number: 966 - State License Number: 922790