HomeMy WebLinkAboutNRC Environmental Services Inc; 2014-12-29; UTIL1142UTIL1142
AGREEMENT FOR AS-NEEDED HAZARDOUS WASTE REMOVAL SERVICES
NRC ENVIRONMENTAL SERVICES, INC.
r\THIS AGREEMENT is made and entered into as of the
y^P. (l<^.//\Af^r , 2014, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District ofthe City ofCarisbad, ("CMWD"), and NRC ENVIRONMENTAL SERVICES,
INC., a California corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a disposal company that is experienced in
the disposal of hazardous materials. Contractor has the necessary experience in providing these
professional services and advice related to hazardous waste categorization, transportation and
disposal services. Contractor has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of two (2) years from the date first above written.
3. COMPENSATION
The total fee payable for the Sen/ices to be performed will be an amount not to exceed ten
thousand dollars ($10,000). No other compensation forthe Services will be allowed except for
items covered by subsequent amendments to this Agreement. CMWD reserves the right to
withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services
specified in Exhibit "A."
4. WAGE RATES
The general prevailing rate of wages for each craft or type of worker needed to execute the
contract shall be those as determined by the Director of Industrial Relations pursuantto Sections
1770,1773 and 1773.1 ofthe Califomia LaborCode. Pursuantto Section 1773.2 ofthe California
Labor Code, a current copy ofthe applicable wage rates is on file in the Office ofthe City Engineer.
The contractor to whom the contract is awarded shall not pay less than the said specified
prevailing rates of wages to all workers employed by him or her in execution of the Contract.
5. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
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6. INDEMNIFICATION
Contractor agrees to Indemnify and hold harmless CMWD and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectiy employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or
makes to or on behalf of an injured employee under the CMWD's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination ofthis Agreement.
Contractor has not created or contributed to the creation or existence of any regulated waste,
including toxic, radioactive or hazardous substances, wastes or materials, including recovered
spilled materials and contaminated materials ("wastes") at or related to the project site or in
connection with or related to this Agreement. Contractor does not own and treatment, storage or
disposal facilities ("TSDF"). By entering into this Agreement and providing the sen/ices requested
by City, it is not intended that the Contractor assume the obligations or liability of an "owner,"
"operator," "generator," "arranger for transportation or disposal" or other "responsible party" (as
defined under Federal and State of CA environmental laws) of any pre-existing waste on site or
waste that results from work. The TSDF will not be considered a subcontractor of Contractor
under this Agreement. Contractor will not be liable for the acts, errors or omissions of the non-
owned TSDF and City shall look solely to the TSDF and its insurance carriers to respond to liability
caused by releases at the TSDF.
7. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liabiiity insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of Califomia's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless othenvise authorized and approved
by the Risk Manager or the Executive Manager. Contractor will obtain occurrence coverage,
excluding Professional Liability, which will be written as claims-made coverage. The insurance
will be in force during the life of this Agreement and wili not be canceled without a thirty (30) day
written notice of cancellation to CMWD. Notice of cancellation (NOC) for any reason will be
provided electronically to certificate holder and Public Works Contract Administration at
pwcontractadmin@carisbadca.aov , except for non-payment of premium, in which case a seven
(7) day prior notice will be provided. CMWD will be named as additional insured on General
Liability which shall provide primary coverage to CMWD. Contractor will furnish certificates of
insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of this Agreement.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carisbad Business License
for the term of this Agreement.
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10. TERMINATION
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time
of termination, ifthe services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it. without the prior written consent of CMWD.
14. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of ttiis Agreement.
CONTRACTOR
NRC ENVIRONMENTAL SERVICES,
INC., a Catifefqia corporation
(^n here)
Sal Sacco / Treasurer
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District ofthe City of
Cari§i?ad
By
Pbtiidont, ExSoutWp Manager or Director
Patrick Tnomas
(sign here)'
(print name/title)
If required by CMWD, proper notarial acknowiedgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary.
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
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EXHIBIT "A"
SCOPE OF SERVICES
NRC agrees to perform thefollowing sen/ices forthe Carlsbad Municipal Water District;
1. Pick up and removal of "Non-Friable" hazardous waste materials (e.g. asbestos containing
pipe - ACP).
2. Disposal of "Non-Friable" hazardous waste materials (e.g. asbestos containing pipe - ACP).
CMWD will provide the following per service requested:
1. Lab results for evaluation of material to be disposed.
2. Certificate of "Non-Friability".
Total not-to-exceed amount for the two (2) year period: $10,000
General Counsel Approved Vers'ion 1/30/13