HomeMy WebLinkAbout05 - CC-4 - Emergency Removal of Underground Fuel St - 5/3/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 3, 2016 ITEM NUMBER: CC -4
SUBJECT: EMERGENCY REMOVAL OF UNDERGROUND FUEL STORAGE TANK
DATE: April 20, 2016
FROM: PUBLIC SERVICES DEPARTMENT — MAINTENANCE SERVICES DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY (714) 754-5123
RECOMMENDATION
Receive and file.
BACKGROUND
This report has been prepared and submitted in compliance with the City's Emergency
Purchasing Policy Section 12-117 Emergencies, Sub -section (a) Process, (vi).
On March 18, 2016, a delivery of diesel fuel was being dispensed into the underground fuel
storage tank at Fire Station #3 located at 1865 Park Avenue. During the delivery, the underground
tank, piping and/or venting systems failed, as did the secondary containment systems, resulting in
the discharge of an unknown quantity of diesel fuel into the soil below the storage tank.
After immediate action was taken to address the incident and contain any above ground fuel
leakage, the required reporting and documentation related to the suspected release was
submitted to the following agencies as required by law: Orange County Environmental Health
(OCHD); State Office of Emergency Services; State Water Resources Control Board and the
County of Orange Local Oversite Cleanup Program.
Once a determination was made that the tank was not holding the fuel, it became necessary to
take immediate action to remove the remaining fuel from the tank and to remove the tank itself to
address any loss of fuel into the environment. The remaining fuel was removed on March 21,
2016.
On March 24, 2016, per the City's Purchasing Policy, the Chief Executive Officer signed the
Emergency Justification Form and approved an emergency Purchase Order in an amount not to
exceed $100,000 with MJK Construction for the immediate removal of the underground fuel
storage tank, the preliminary testing of the surrounding soils and the development of an OCHD
required work plan to address the removal of the leaked diesel fuel. See Attachments 1 and 2.
ANALYSIS
An emergency Purchase Order in an amount not to exceed $100,000 was approved by the CEO
on March 24, 2016, and issued by the Finance Department to immediately begin the removal of
the damaged fuel storage tank and related systems. Necessary permits were obtained from
Orange County Environmental Health and the City of Costa Mesa's Fire Department and Building
Division. The tank was removed on April 13, 2016. Soil testing was completed and the
preparation of the required work plans to address the subsequent phases of the project began on
that date.
Upon approval by OCHD, subsequent work will be performed by MJK Construction to determine
the scope of any environmental contamination and the development of a proposed remediation
plan. At that point, the work with the current contractor may cease and future work beyond that
point may be formally bid based on the plan developed by MJK Construction and approved by
OCHD, as the `emergency' situation will have been addressed.
FISCAL REVIEW
The funding for the Purchase Order was provided by the Public Services Fleet Section operating
budget, where it is anticipated that fuel cost savings from FY 2015-16 will be sufficient to cover the
estimated cost of tank removal and preliminary testing of the surrounding soil.
ALTERNATIVES CONSIDERED
No alternatives were considered for this item.
LEGAL REVIEW
A legal review is not required for the proposed action at this time.
CONCLUSION
It is recommended that City Council receive and file the report in accordance with the adopted
Purchasing Procedures and direct staff to continue to move forward with the emergency
underground storage tank removal and soil remediation project.
ERNESTO MUNOZ
Public Services Director
STEVE DUNIVENT
Interim Finance Director
BRUCE HARTLEY
Maintenance Services Manager
Attachments: 1. Emergency Justification Form
2. Purchase Requisition
3. Proposal from MJK Construction, Inc.
1►
EMERGENCY JUSTIFICATION FORM
RE: REQUISITION/P.O. NUMBER:
VENDOR: MJK Construction
$100,000,
ATTACHMENT #1
Emergency purchases should be made only (1) to preserve life, health or property; (2) upon a
natural disaster; (3) to correct or forestall a shutdown to maintain essential public services; or (4)
other unforeseeable events.
Please complete this form and forward it with a requisition/purchase order to the Purchasing office
within 48 hours of the emergency.
Please describe the nature of emergency and justification for the emergency purchase.
Attach any cost comparisons, quotations, or other pertinent information.
On March 18, 2016 diesel fuel was being delivered to fire station 3 at 1865 Park Avenue.
A delivery driver potentially performed an improper fuel delivery method which resulted in
a fractured underground fuel storage tank. An estimated 843.8 gallons of diesel fuel was
discharged into the surrounding soil. An emergency purchase is requested to remove the
fuel tank and remediate the soil as soon as possible. An expedited cleanup will possibly
reduce the impact to the environment and reduce unnecessary additional expenses.
Department/Division: 4xl� ��V«s
Department /Division Head Signature:
Date:
Purchasing Agent: Date:
31, 'City Manager: Date
*(Emergencies estimating/totaling over $25,000 require City Manager's approval signature.)
PURCHASING OFFICE USE ONLY:
3
ATTACHMENT #2
31,a} CITY OF COSTA MESA, CALIFORNIA
rM' PL 4, f=1 at� -1 ;I ,j:
pirchase Order
Requisition
Number
by Purchasing)
L��pgl fo�ae i to,
eined 9)
z
-r �
amp),.y
Business Unit: CITY Date Requisitioned: 3/22/2016
❑ Request is f uo g ° m{s}
Department: Public Sys Division: Maint Svs
� t
® Request is for UNBUDGETED items) -(Memo Attached)
Ship To Address: 2300 Placentia Ave Costa Mesa CA 92627
❑ Item(s) Pending Budget Amendment Request #
Contact Person: Gant Corum Phone Number: 714-327-7481
❑ Requesting Sole Source (Justification Form Attached)
Send Copy of P.O. to: ® Contact Person and J or Chris Goldsworthy
❑ Fixed Asset Tag Request
stem
Urnt
-
_ Items (Give Full Description Slze; Gatal6g No. Etc)
Unit Pnc*~
Estimated
Amount
1
1 EA
Emergency removal of the underground storage tank at fire station 3,
100,000.00
1865 Park ave. and the cleanup of spilled diesel fuel. Not to exceed
amount.
If additional lines are needed, please attach a second sheet Sales Tax (8.00%):
Const./Prof. Svs. Agmt, Completion Date: Include Shipping Fee:
100,000.00
Insurance Required: ❑ Yes Certificate attached) ® No Estimated Total Cost:
Item #
Account
Fund
Dept./Org.
Program
Project
Amount
1
525111
601
19500
50920
100,000.00
Coniments;
Total$100,000.00
Underground storage tank at fire station 3 is su pect d t� h ve failed fir m a m oper fuel delivery. An e ti ated $ 3 8
. P� .
gallons were released into �e surrounding soi P1' )&; Vit` /
f me, Y Q IC Y '' C a- _ z_c � ��l ert rac�rP i� /rll� am �i�•
Proper approvals are required before re uis' ' n c e processed.
Suggested V/eenndj(or y� �� (/r 7�11/�l
Address: Ordered By: 02�//�
�r / Department D ectodAut oriz d i nature
City, Sta Ce Zip de: (� l +1� 1�-- /
Phone: ! C� 7 Fax: ��Approved By: ,
Director of inancelP�nhavn� officer
Vendor's Contact Person: Approved By: f-
Emai11/0: MY Id _ f��required}
PURCHASING DivisION USE ONLY ✓; .
Vendor ID:Buyer: Insurance valid thru
Ship To/Location: I Due Date:
Standard Comments: ACC - ALL - ARR - BLA - CON - DCP - DIS - FCA - FCi - FIX - INS - IS - IST - ORG -QTR - REM - SUB - T&C
-
-
FINANCE DEPARTMENT USE ONLY
As of:( -1017,.5111471 _ Confirmed By:
Available Appropriation: ❑ Yes�[�lo l �N ),//� /+r{ ��j�%
q
Rev FY09(10
P
ATTACHMENT #3
Notes:
Scope of Work:
1. Produce one plan, one permit application, and provide one permit fee, to pull one Orange County DEH CUPA permit to remove the tank.
2. Lock Out/Tag Out the power connections to the dispenser and monitoring system.
3. Remove the monitoring equipment from the tank top and UDC.
3. Disconnect, remove, and dispose of the dispenser.
4. Remove the conductors from the dispenser to the breaker panel.
5. Remove the monitor panel.
6. Remove the conductors for the monitor sensors back to the nearest junction box.
7. Remove the tank top equipment and risers.
8. Saw cut, break out, remove, and dispose of the tank top, dispenser island, and piping run concrete.
9. Excavate the tank and piping. Excavated backfill to be stockpiled onsite until profiled for disposal. Separate disposal charges will apply, over and above this
proposal price.
10. Triple rinse and remove the supply, and vent piping. Remove the vent stack from the side of the outbuilding.
11. Triple rinse, declare clean, remove, transport, and destroy the 1,000 gallon diesel underground storage tank.
12. Take up to five soil samples.
13
Proposal
Page # 1
REF# : 1160055
To: COS- City of Costa Mesa
77 Fair Drive
:="€tfi� 8 67E,
03/24/16
Costa Mesa CA 92628-1200
04:26 PM
Mike McCarthy
Job Name: COS- Costa Mesa FS#3
4780 CHEYENNE WAY
Job Location: 1865 Park Avenue
ALL PROPOSALS SUBJECT TO MJK
STANDARD
CHINO, CA 91710
Costa Mesa CA 92627
PROPOSAL TERMS AND CONDITIONS
Tel: (909) 594-9830 Fax: (909) 594-6169
Item # Description
Unit
Quantity Unit Price
Amount
100 General Requirements
LS
1
$6,711
$6,711
200 Site Work
LS
1
$8,853
$8,853
300 Remove One 1,000 gallon UST
LS
1
$9,341
$9,341
400 Soil Samples
LS
1
$6,705
$6,705
500 Backfill & Repave
LS
1
$15,993
$15,993
600 Contract Close Out
LS
1
$2,193
$2,193
Total:
$49,796
Notes:
Scope of Work:
1. Produce one plan, one permit application, and provide one permit fee, to pull one Orange County DEH CUPA permit to remove the tank.
2. Lock Out/Tag Out the power connections to the dispenser and monitoring system.
3. Remove the monitoring equipment from the tank top and UDC.
3. Disconnect, remove, and dispose of the dispenser.
4. Remove the conductors from the dispenser to the breaker panel.
5. Remove the monitor panel.
6. Remove the conductors for the monitor sensors back to the nearest junction box.
7. Remove the tank top equipment and risers.
8. Saw cut, break out, remove, and dispose of the tank top, dispenser island, and piping run concrete.
9. Excavate the tank and piping. Excavated backfill to be stockpiled onsite until profiled for disposal. Separate disposal charges will apply, over and above this
proposal price.
10. Triple rinse and remove the supply, and vent piping. Remove the vent stack from the side of the outbuilding.
11. Triple rinse, declare clean, remove, transport, and destroy the 1,000 gallon diesel underground storage tank.
12. Take up to five soil samples.
13
Proposal
Continued
03/24/16
Page # 2 of 2
Item # Description Unit Quantity Unit Price Amount
13. Backfill, compact, and re -pave the excavated area with 6" asphalt. Approximately 234 square feet will be re -paved. If over excavation becomes necessary,
additional excavation and paving costs will apply.
14. Provide close out package including, certificate of destruction, soils report, and permit closure documents.
Additional Notes:
Soil samples will be taken at the direction of the Orange County DEH CUPA inspector. Up to 5 samples will be taken using EPA method 5035. Transport of soil
samples will be made under "Chain of Custody" documentation to a State of California Certified Laboratory for analysis of the soil samples for total petroleum
hydrocarbons in accordance with EPA methods 8015m and 8260B as required. A soil sample report will be prepared, stamped, and approved by a Registered
Geologist and submitted to the Local Implementing Agency. A copy of the report will be provided for the customer in the close out package.
MJK will triple rinse the fuel piping prior to dismantling and disposing of them. The tank will be triple rinsed prior to removal,this process includes up to 50 gallons
of rinsate with up to 8% solids The tank will be pumped down to 2" remaining in tanks prior to cleaning. Gallons of rinsate in excess of those quoted will be billed
at $2.33 per gallon, Gasoline Surcharge (over 2" remaining) will be billed at $2.33 per gallon. Solids Surcharge in excess of 8% will be billed at $349.80/bbl.
Costs not included in this proposal:
A. Landscaping,
B. Concrete pavement.
C. Building and Safety, Planning Department, or electrical permit fees and acquisition. The cost of these permits, if necessary, will be billed on a cost plus basis.
D. Additional permitting, beyond what is specifically described in this scope of work. Fees in arrears owed by the client, or special permit requirements in addition
to those quoted, will be billed on a cost plus basis.
E. CERS registration.
F. Street plates.
G. Removal of contaminated soil. Removal of contaminated soil encountered during the course of the project will be billed at the applicable labor and equipment
rates.
H. Encounter of underground water, unidentified structures, excessive rock or contaminated soil.
I. Damage to unidentified utilities not identified by Underground Alert or property owner, such as sewer, electrical, gas, or water lines, etc.
J. Soil samples in excess of the five quoted. Additional soil samples, if required, will be billed on a cost plus basis..
K. Damage to existing ground cover including concrete and asphalt caused by the normal execution of the work.
L. Repair or replacement of any equipment, parts, or materials not specifically listed in this proposal.
M. Regulatory directives not specifically addressed in this proposal.
N. Bonding. If bonding should become necessary it will be billed at 4%.
O. Third party inspections, special inspections, or deputy inspections.
6
STANDARD PROPOSAL TERMS AND CONDITIONS
All proposals, quotes and estimates published by MIK Construction, Inc (MJK). are
submitted under the following Standard Proposal Terms and Conditions (hereafter
referred to as SPTC's). Nothing in the proposal documents, bid documents, and/or
solicitation materials, implied, or otherwise, shall supersede these SPTC's unless
specifically addressed. Any deviation from the SPTC's shall be specifically identified, and
the deviation from the SPTC's shall be specifically and clearly described. Should there
be any discrepancy between bid documents and the SPTC's, SPTC's shall prevail.
1. PERMITS:
Permits, related fees, and labor to obtain those permits as specifically identified in the
bid documents shall be provided. Permits, unless specifically identified in MA's
proposal documents shall be excluded, and shall be the responsibility of others.
2. REGULATORY DELAYS:
MIK is not responsible for any costs due to delays caused by regulatory agencies and/or
entities having Federal, State, and/or Local jurisdiction over the work.
3. PLANS, SPECIFICATIONS, ENGINEERED DRAWINGS, SITE MAPS and SIMILAR:
All plans. specifications, engineered drawings, she maps and other similar type
documentation and related costs are specifically excluded unless specified otherwise.
MIK shall not be responsible for providing similar documentation. Contracting entity
shall bear sole responsibility for providing all required and related documentation to
MIK prior to proposal preparation. MJK shall not be responsible for requirements,
provisions and/or any condition contained in documentation not provided to MIK prior
to MA's proposal submission.
Should the scope of work require that MIK. submit pricing on plans, engineered
drawings, site maps and/or similar type documentation, it shall be understood that this
work will be subcontracted to appropriately certified professionals. MJK does not
warrant the validity, accuracy, integrity, or regulatory compliance of such
documentation prepared by others, and shall only warrant to the extent of the cost of
development of such documentation. No other warranties are provided or implied.
MIK Construction, Inc. shall be presented with complete, and regulatory -approved plans
not less than 10 working days prior to work start. Plans provided less than 30 working
days prior to work start, shall entitle MIK to a corresponding number of days delay,
without penalty to begin work.
4. SURVEY:
Survey, staking, grade marking and similar field-based identification methods are
specifically excluded and shall be performed by others. MJK Construction, Inc. shall not
warrant the accuracy of such services and/or activities as conducted by others, and any
discrepancy or error In provided identifications shall be the sole responsibility of others.
Any costs incurred, or costs to correct work by MIK Construction, Inc. as a result of
errors by others, shall be charged at the applicable Costs plus markup of 10% overhead
and 10% profit.
5. SPECIALIZED TESTING/INSPECTIONS:
Costs for specialized testing and/or Inspections in addition to regulatory Inspections
required specifically for the work performed by MJK Construction, Inc. is excluded
unless specified otherwise. This exclusion includes deputy inspections, concrete break
tests, soils compaction testing, reinforcement testing and inspecting, mill certification of
materials, and similar specialized testing and inspections.
6. UNDERGROUND OBSTRUCTIONS:
MIK Construction, Inc. shall comply with all regulated pre -notification requirements
prior to excavation. MIK does not warrant the accuracy of services provided by
underground locating services. All known underground structures and/or obstructions
shall be clearly identified on plans provided to MJK. Failure of contracting entity, owner,
or other parties having knowledge of such, to accurately identify said underground
structures and/or obstructions shall relieve MJK of any responsibility for damage to said
structures and/or obstructions. Should damage occur to said underground structures
and/or obstructions which have not been identified to MIK prior to work start, repairs
will be charged to the contracting entity at the applicable Costs plus markup of 10%
overhead and 10% profit.
7. EXCESSIVE ROCK AND WATER:
Encounter of excessive rock, caliche, and/or water which slows progress of work is
excluded unless otherwise specified. Additional activities, efforts and/or costs required
to manage encounter, removal and/or disposal of excessive rock, caliche and/or water
shall be charged to the contracting entity at the applicable Costs plus markup of 10%
overhead and 10% profit or markups as per contract agreement.
8. SHORING:
Shoring design, engineering, calculations, installation, and/or removal is specifically
excluded from all proposals unless specifically identified as included.
9. HAZARDOUS MATERIALS:
Encounter of any hazardous or unidentified materials during the course of work, shall
cause work to cease until such time that the encountered materials can be identified
and appropriate measures for worker safety can be made. MIK shall not be responsible
for identification if such materials, workplan development for proper handling, or
additional costs and measures required forthe proper handling of hazardous materials.
MJK shall not disturb, transport, or dispose of any hazardous materials, and all activities
related to such are hereby excluded.
30. FLUIDS:
Costs for fluids required to fill installed tanks, vessels, installed equipment and/or
structures are specifically excluded. MJK shall depend upon the owner and/or
contracting entity to provide fluids for these systems as needed for testing purposes.
Any costs due to the delay in the provision of these fluids to the jobsite which impacts
completion of MIK's work shall be charged at the applicable Costs plus markup of 30%
overhead and 1D% profit. MJK shall notify owner and/or contracting entity of scheduled
need not less than 10 working days in advance.
Fluid transfers of any product, whether from existing tanks vessels, or containers, orthe
transfer of product into new tanks, vessels, equipment and/or structures is excluded
unless specifically addressed herein.
11. BONDS:
Bonds and related costs are excluded unless specified otherwise in the proposal
documents presented by MIK Construction, Inc.
1Z. INSURANCE:
Costs of any specialized insurance programs, coverage, limits and/or provisions above
MIK's standard policy provisions and/or limits are excluded unless otherwise specified.
Copies of MA's standard policies are available upon request. MJK does not warrant the
availability of specialized coverage, limits and/or provisions.
MJK provides General Liability, Auto and Workman's Compensation insurance as
required by law. Owner shall carry Builder's Risk Insurance and all other insurance on
property for risk of loss due to Fire, Vandalism, Theft, etc.
13. UTILITIES:
Temporary facilities including toilets, job trailers, telephones, generators, water and
power as needed to perform the work shall be provided by others, and the costs of
such are excluded unless otherwise specified.
14. DELAYS:
MIK Construction, Inc. Is not responsible for any costs due to delays caused by any
contingency not specifically addressed herein.
15. SINGLE MOBILIZATION:
Work shall be completed in a single mobilization effort unless specifically addressed
herein. Additional charges will apply for demobilization and/or interruptions in
execution of the work which are beyond the control of MJK Construction, Inc.
16. CLEAR WORK AREA:
Work area shall be cleared by others to provide sufficient access for MIK Construction,
Inc. to perform the scope of work. Any effort by MIK to clear work area of obstructing
materials, debris, equipment or efforts required to prepare work area for MIX's work to
begin shall be charged at the applicable Costs plus markup of 10% overhead and 10%
profit.
17. MATERIALS PROVIDED BY OTHERS:
Owner or contracting entities which supply materials to be installed by MIK
Construction, Inc. shall be responsible for the costs and timely delivery of such materials
to the job site. Any delays to MIK's work caused by delay in receipt of materials shall
entitle MJK to a corresponding extension in the completion of the work.
Supplying entity or owner shall be responsible for costs of insurance to cover said
supplied materials throughout the project. MIK shall not provide coverage against theft,
damage, or loss of supplied materials.
Supplying entity or owner shall be responsible for insuring that materials supplied are in
accordance with plans and specifications, and are supplied in sufficient quantity as
needed for completion of the project. Supplying entity shall be responsible for
providing replacement parts received in damaged condition and/or damaged during
installation, provided that installation damage was not caused by intentional damage, or
sole negligence by MA's employees or subcontractors.
MJK shall obtain appropriate manufacturer's certifications for installation, where said
certification is available from the manufacturer.
MJK does not warrant the applicability of supplied parts. MIK is not responsible for
incorrectly supplied parts or regulatory approval and/or acceptance of parts supplied
and/or specified by others.
All materials supplied for installation by MIK Construction, Inc. shall be in new, unused
condition, in the original, factory supplied packaging, and must contain all original
documentation including installation and operations manuals, warranty cards, etc.
Documentation shall be submitted to the supplying entity. It shall be the responsibility
of the supplying entity to submit warranty documentation to the appropriate
manufacturers.
Warranties and claims against warranties shall be the sole responsibility of the entity
providing the materials.
MIK warrants only the installation labor of supplied parts.
18. SPECIFIED MATERIALS AND METHODS:
MIK is not responsible for applicability and/or acceptance of specified materials and/or
methods provided by others.
MIK shall make every effort to identify and notify owner or contracting entity of
materials and/or installation designs or methods which may, in its sole opinion; not be
acceptable and/or in compliance with regulatory guidelines, and/or commonly
accepted industry practices. However, MIK shall not be responsible for costs related to
materials changes and/or methods not specifically addressed herein.
19. NATURALLY OCCURRING EVENTS:
MJK Construction, Inc. shall not be responsible for costs resulting from damage to
property, work, materials, or equipment due to intimate weather, earthquakes, fire,
riot, acts of terrorism, or other causes beyond our control.
20. WARRANTY:
MJK warrants that all material and equipment furnished under any proposal will be new,
unless otherwise specified, and that all work will be of good quality, free from faults and
defects. The Warranty Period will be twelve (12) months from the date of substantial
completion of MJK's work. All work not so conforming to these standards may be
considered defective. If required MJK shall furnish satisfactory evidences to the kind
and quality of materials and equipment. MIK Is not responsible for defects in materials
manufactured by any entity, or organization other than MIK Construction, Inc. MJK
Construction, Inc. shall not warrant against any damage to our work, equipment, and/or
materials caused by others, or events beyond the control of MIK Construction, Inc.
MJK does not warrant materials beyond the warranty provided by the manufacturer
unless otherwise specified.
ONLY UPON EXECUTION OF SPECIFIC DOCUMENTATION, SEPARATE FROM ANY AND
ALL OTHER CONTRACTUAL DOCUMENTATION, SPECIFICATIONS AND/OR PROVISIONS,
THAT SPECIFICALLY ADDRESSES AN EXTENSION OF THIS WARRANTY PROVISION SHALL
THIS PROVISION BE MODIFIED.
21. DRUG TESTING/SPECIFIC SAFETY REQUIREMENTS:
Unless specifically addressed, MJK Construction, Inc. excludes all costs related to job -
specific drug testing, safety certifications, meetings, and training. MJK maintains it's
own monitoring and training programs as required.
22. JOB -WIDE CLEAN-UP PARTICIPATION:
Unless specifically addressed, MJK Construction, Inc. has not included any costs related
to job -wide clean up participation programs. MJK shall insure that it's specific work
areas are maintained in a clean and safe condition.
23. IMPLIED CONDITIONS:
Nothing contained in these STANDARD PROPOSAL TERMS AND CONDITIONS shall imply,
whether stated, or otherwise; acceptance or agreement to any condition and/or
provision, provided or required, by any bid documents, contract documents, or
specifications unless specifically addressed herein. This document shall supercede any
and all such provisions, obligaticns, and/or implied conditions.
24. PAYMENT:
Unless specified otherwise, payment terms shall be NET 30 Days after date of MJK's
invoice to contracting entity, paid at a rate of 100% of amount due less a MAXIMUM of
10% retention.
Advance payment of 50% shall be required priorto order placement on any custom-
built or special -ordered materials —this includes all underground fuel storage tanks.
MJK shall rely upon contracting entity for prompt payment. Contracting entity shall
have sole responsibility for payments to MJK.
MJK will not accept contingency payments in any form from contracting entity.
25. EMERGENCIES:
In the event of an emergency that could result in damage to the work, materials,
property, or persons, contracting entity, by affixing its signature below, hereby
authorizes MIK Construction Inc. to proceed in a cost effective manner, upon verbal
direction with activities to secure the work and/or prevent damage to the work,
materials, property or persons.
Agreement to this special provision shall not be construed to atter, modify, or contradict
any other provisions provided herein, or set a precedent for modifications to any other
provision.
Approving entity hereby acknowledges that said emergency procedures may result in
additional charges over and above the stated contract price, and hereby agrees to such
additional costs..
Approved:
Signature Date
Printed Name:
26. GENERAL PROVISIONS:
By submitting this proposal, MJK Construction, Inc. warrants the following general
provisions:
It is an independent contractor, and is responsible for all taxes, and provisions accorded
such independent status.
That all materials supplied by MJK shall be as specified, in new, unused condition.
All work shall be completed in a workmanlike manner, and in accordance with standard
industry practices.
Subject to 25. EMERGENCIES provision: That any alteration or deviation from the
above specification involving extra costs will be executed only upon written
authorization by the contracting entity.
Recipient is hereby notified that MIK Construction, Inc. is signatory to labor
organizations as follows:
United Brotherhood of Carpenters
Construction Laborers
Plumbers & Pipefitters
REQUIRED STATEMENT FOR CALIFORNIA PROJECTS:
Contractors are required by law to be licensed and regulated by the Contractors' State
License Board which has jurisdiction to investigate complaints against contractors If a
complaint regarding a patent act or omission is filed within four years of the date of
the alleged violation. A complaint regarding a latent act or omission pertaining to
structural defects must be filed within ten 110) years of the date of the alleged
violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors' State License Board, P O. Box 26000, Sacramento, California 95826.
REQUIRED STATEMENT FOR NEVADA PROJECTS:
Contractors are required by law to be licensed and regulated by the State Contractors'
Board. The State Contractors' Board has jurisdiction to investigate complaints that are
filed against contractors. Any questions concerning a contractor may be referred to
the State Contractors' Board at:
(1) 9670 Gateway Drive
Suite 100
Reno, Nevada 89521
(775)688-1141; or
12) 2310 Corporate Circle
Suite 200
Henderson, Nevada 89074
(702)486-1100.
The law of this State requires that a person or entity who enters into a contract to
perform construction work be properly licensed by the State Contractors' Board for
the category of work that the person or entity intends to perform. Laws regulating
licensed contractors are designed to protect the public. If you contract with a person
or entity who is not licensed to perform construction work, your remedies against that
person or entity may be limited to a suit in civil court. You may be liable for damages
arising out of any Injuries to an unlicensed contractor or that contractors employees,
as well as withholding taxes, contributions pursuant to the Federal Insurance
Contributions Act and contributions for Industrial Insurance and unemployment
compensation. In addition, you must comply with other applicable state and federal
laws regarding employment. Finally, you should be aware that construction
performed on your property must comply with all applicable laws, ordinances,
building codes and regulations.
A contractor is required to include his license number on all of his advertising,
vehicles, bids and contracts. You may contact the State Contractors' Board to find out
if a contractor has a valid license and, if so, the status of that license. The Board has
complete information on the status of all licensed contractors in the State of Nevada.
This information is available through the "voice response system" of the State
Contractors' Board. However, if you wish to obtain specific information about
complaints that have been filed against a contractor, such information must be
requested from the Board in writing
N