HomeMy WebLinkAboutCO 2025-064 - Omega Environmental Services, Inc.
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT CONTRACT
OMEGA ENVIRONMENTAL SERVICES, INC.
FOR
LEAD/ASBESTOS TESTING AND REMEDIATION AT
9575 SAN BERNARDINO ROAD
(PW 2025-114)
AWARD DATE: May 20, 2025
City of Rancho Cucamonga
CONTRACT NUMBER
2025-064
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
3/27/2025
Omega Environmental Services, Inc. (“Contractor” or “bidder”)
Attn: Steve Rosas
1133 Camelback St.
Newport Beach, CA 92660
SUBJECT: REQUEST FOR OPEN MARKET PUBLIC WORKS BID
Lead/Asbestos Testing and Remediation at 9575 San Bernardino Road
Project No. PW 2025-114
Dear Omega Enviornmental:
The City of Rancho Cucamonga invites your proposal for providing Lead/Asbestos Testing and
Remediation at 9575 San Bernardino Rd within the City of Rancho Cucamonga. This is a request for an
informal bid made pursuant to Public Contract Code Section 22032(a) and R.C.M.C Section 3.08.110.B.1.
Your proposal must actually be received in the City’s Department of Public Works, attention: Jeff Geith,
8794 Lion Street, Rancho Cucamonga, CA, 91730, on or before 2:00 p.m. on Thursday, April 10, 2025.
The City’s time stamp shall be conclusive as to the date and time of receipt. Contractor assumes all risk of
untimely or lack of receipt for bids not personally and timely delivered as required above. Late bids will not
be opened and will be returned.
GENERAL SCOPE OF WORK: Contractor/bidder shall furnish all necessary labor, tools, materials,
appliances, and equipment to complete the Project as described in the Scope of Work and Service
requirements (“Work” or “Services”), including, but not necessarily limited to:
1.Coordination and management of the Services required, including review of the Project site,
improvement plans, specifications and special provisions, if any.
2.Inspection of the Work on the Project before, during and/or after construction to ensure
conformance with Federal, State and City statutes, regulations, ordinances, guidelines,
applicable standards, specifications, plans, laws and accepted standard construction practices.
3.The keeping of proper records and reports, photographs and videos, including but not limited
to, certifications of compliance, submittals, shop drawings, materials reports, and other related
documents received. Contractor shall deliver documents to the City when generated, prepared
or received.
4.Designation of a person or persons fully qualified to perform the Services.
5.Attend any meetings that the City deems necessary.
6.Testing and remediation of Lead/Asbestos at 9575 San Bernardino Road.
7.Performance of the Work in compliance with the Standard Plans for Public Works Construction,
Latest Edition with Supplements published by the American Public Works Association; the City
of Rancho Cucamonga Standard Drawings, Latest Edition, and the attached specifications, all
of which are hereby incorporated into this Request for Bid along with the agreement (if any)
that is awarded as a result of this Request.
Any Scope of Services, Contingencies, Special Instructions and/or Terms and Conditions applicable to this
Proposal and any Purchase Order created thereafter, are also incorporated by reference herein, and shall
be effective as of the issue date of Purchase Order (the “Effective Date”), and shall remain in full force and
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
effect until one hundred eighty days after (i) the filing of a notice of completion; or (ii) City has accepted
the Work in writing and has made final payment if a notice of completion is not required to be filed; unless
sooner terminated by the City.
LABOR CODE COMPLIANCE
The Work and Services constitute a public work requiring payment of prevailing wages and compliance
with other provisions of the California Labor Code, as set forth in the attached document entitled “California
Labor Code Compliance.”
LICENSES: At the time of submitting a bid (or contract award if the Project is federally funded), and at all
times during the term of the Agreement if awarded, Contractor shall possess a current, valid Class B
General, C-61 / D63 Construction Clean-Up , License in accordance with the provisions of the
Contractor's License Law (California Business and Professions Code, Section 7000, et seq.) and rules and
regulations adopted pursuant thereto.
Pursuant to Section 7028.15 of the California Business and Professions Code, the Contractor ’s State
contractor’s license number shall be set forth on the bid, together with the expiration date, and the bid shall
be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true
and correct.
SUBCONTRACTORS: In the bid, the Contractor shall list the name, business address, the California
contractor license number, and public works contractor registration number issued pursuant to Section
1725.5 of the Labor Code, of each subcontractor who will perform work or labor or render service to the
bidder in or about the construction of the Work or improvement, or a subcontractor licensed by the State
of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and specifications, in an
amount in excess of one-half of 1 percent of the Contractor’s total bid or, in the case of bids or offers for
the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the
Contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. The Contractor shall be
prohibited from performing work on this Project with a subcontractor who is ineligible to perform work on
the Project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
INSURANCE: If awarded, the Contractor shall not commence work under the contract until the Contractor
has obtained all insurance described and set forth in the attached form of Agreement.
BONDS: If the contract amount exceeds $25,000, California Civil Code Section 9550 requires the
Contractor to provide a payment bond in 100% of the contract amount. If the contract amount is $25,000
or less, the City does not require the foregoing payment bond.
If the contract amount exceeds $25,000, a performance bond in 100% of the contract amount is required.
If the contract amount is $25,000 or less, the City does not require the foregoing performance bond.
AWARD OF CONTRACT: The City will evaluate bids received utilizing any lawful method of scoring. Price
may or may not be the primary selection factor. If awarded, an agreement will be awarded based on the
bid determined to be the most beneficial to the City. The City shall be the sole judge in the ranking process
utilized in making such determination. The City reserves the right, in its sole discretion, to reject any or all
bids, to withdraw this Request for Public Work Bid at any time prior to any award, and to waive any
irregularity in any bid. The City shall not be liable for any costs incurred in preparing and submitting any
bid. If a contract is awarded, then, as a condition of the award, the Contractor shall execute the attached
form of agreement (“Agreement”) and provide insurance coverage in the form and limits set forth in the
Agreement.
CITY BUSINESS LICENSE: The Contractor must have a City Business License as a condition of being
awarded a City contract.
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
COMMENCEMENT OF WORK: Unless otherwise specified in writing, no materials may be ordered, or
work completed prior to the issuance of a written Notice to Proceed by the City.
LIQUIDATED DAMAGES: Liquidated damages are applicable to this procurement. The Contractor agrees
to enter into the Agreement within the earlier of fifteen (15) days from the date the City gives public notice
of award of the contract or upon written notice to the Contractor by City after the fifteen (15) days.
Thereafter, Contractor shall complete the work within 15 working days from the date specified in the City’s
written Notice to Proceed served on the Contractor. The Contractor agrees to the assessment of liquidated
damages in the amount of one hundred dollars ($100) for each calendar day the work remains incomplete
beyond the completion date. City may deduct the amount of any assessed liquidated damages, from any
monies due or that may become due the Contractor under the contract. Progress payments made after
the scheduled date of completion shall not constitute a waiver of liquidated damages.
CONTRACTOR'S LIABILITY: Contractor shall indemnify, defend and hold the City of Rancho Cucamonga
and its elected officials, officers, agents and employees free and harmless in accordance with the
indemnity set forth in the Agreement.
NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public
works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such
persons, and every contractor for public works violating this section is subject to all the penalties imposed
for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of
Section 1735 of said Code.
CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing
the prescribed Work per the NOT-TO-EXCEED unit prices and/or lump sum, as applicable, set forth in
Contractor's bid.
SUBMISSION: Contractor may submit bids in a sealed envelope or via email attachment provided bids
are appropriately signed. The envelope shall be marked, or email subject shall be titled “Bid - City of
Rancho Cucamonga” and the name of the Project. The Contractor shall also include a description of the
Contractor’s qualifications relevant to the required Work. Experience working with local public agencies is
a must. Having an office within a 30-mile radius of the City is preferred. Contractor shall also include a
signed acknowledgement of receipt of any addendum(s) to the Request for Public Works Bid issued prior
to the bid submission deadline.
The City shall not be liable for any costs incurred in preparing and submitting any bid, whether or not a
contract is awarded. Furthermore, the City reserves the right to reject any or all bids without liability for any
costs.
Any bid may be withdrawn prior to the date and time set for receipt of bids. Unless timely withdrawn, all
bids will become the property of the City and will be subject to public review pursuant to the California
Public Records Act, regardless of any marking thereon, such as “confidential”, “trade secret”, etc.
If you have any questions, please contact the undersigned at 1-909-774-4159 or email at
Jeff.Geith@CityofRC.us.
Sincerely,
PUBLIC WORKS SERVICES
Jeff Geith
Facility Supervisor
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Attachments:
(1)Bid Proposal Form
(2)Contract Agreement
(3) Specifications
(4)California Labor Code Compliance
(5)Non-Collusion Declaration
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
P-1
BID PROPOSAL FORM
FOR
"Lead/Asbestos Testing and Remediation at 9575 San Bernardino Road"
TO THE CITY OF RANCHO CUCAMONGA:
The undersigned bidder declares that he has carefully examined the location of the proposed
work, that he has examined the Plans, Special Provisions and Specifications, and read the
accompanying information, and hereby proposes and agrees, if this proposal is accepted, to
furnish all material and equipment to do all the work required to complete the said work in
accordance with the Plans, Special Provisions and Specifications, in the time and manner therein
prescribed for the unit cost and lump sum amounts set forth in the schedule on the following
Proposal.
Item
No. Description Qty. Unit Unit
Price Price
1.Pre-Demolition Asbestos and Lead Assessment 1 LS
2.Abatement and Disposal 1 LS
3.Air Monitoring, Project Oversight and Report
Development 1 LS
TOTAL AMOUNT IN NUMBERS: _______________________________________________________________
TOTAL AMOUNT IN WORDS:__________________________________________________________________
1 $5,190
1
1
$2,995
$1,995
$10,180.00
Ten Thousand One Hundred Eighty Dollars and Zero Cents
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
P-2
Bidder Information for Lead/Asbestos Testing and Remediation at 9575 San Bernardino Road
Company Name: Company Address:
CSLB No:
DIR No: Telephone No:
Email Address: Web Address:
Authorized Representative (Print): Title:
Signature: Date:
Vendor routing for contract signatures via DocuSign
Name Title Email
Omega Environmental Services, Inc.
977855
1000035280
steve@omegaenv.com
Steve Rosas
1133 Camelback Street, Ste. 7261
Newport Beach, CA 92658
(949)252-2145
www.omegaenv.com
Principal
05/20/25
Steve Rosas Principal steve@omegaen.com
please cc'
Irene de la Lastra Administrative Coordinator irene@omegaenv.com
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
C-1
AGREEMENT
This Agreement (“Agreement”) is made and entered into as of the date executed by the City Clerk and the
City Manager, by and between Omega Environmental, a Contractor hereinafter referred to as the
"Contractor", and the City of Rancho Cucamonga, California, hereinafter referred to as "City."
WHEREAS, pursuant to the Request for Open Market Public Works Bid, bids were received on or before
the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor; and
WHEREAS, City has authorized the City Manager, or designee, to enter into certain written contracts for
furnishing labor, equipment, and material for the construction of Public Works.
NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1.GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work necessary to satisfactorily complete the
“Lead/Asbestos Testing and Remediation at 9575 San Bernardino Road” project. The
foregoing work (“Work”) shall be performed in accordance with the provisions of this Agreement,
specifications and standards referenced in Section 2 of this Agreement and those on file in the
office of the City Engineer, and in accordance with bid prices hereinafter mentioned and with the
instructions of the City Engineer. The Work shall be performed in compliance with any and all
applicable local, State, and federal laws, statutes, and regulations.
2.CONTRACT DOCUMENTS: The documents, specifications, and standards referenced in Section
1, above, the Request for Open Market Public Works Bid dated 3/27/2025 and any addendums
thereto, the Standard Specifications for Public Works Construction, Latest Edition, with
Supplements published by the American Public Works Association the Standard Plans for Public
Works Construction, Latest Edition, with Supplements published by the American Public Works
Association; the City of Rancho Cucamonga Standard Drawings, Latest Edition, and any and all
other provisions, instructions, specifications, and plans referenced therein and/or attached hereto,
and the Contractor’s bid, all of which are incorporated by reference herein, together with this
Agreement, shall constitute the entire agreement between the parties. This Agreement is intended
to require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be performed
by the Contractor whether set out specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the individual documents described and this written agreement,
the provisions of this Agreement, then the Request for Open Market Public Works Bid, shall control.
3.LIQUIDATED DAMAGES: Liquidated damages apply to this Agreement. The Contractor agrees to
the assessment of liquidated damages in the amount of one hundred dollars ($100) for each
calendar day the Work remains incomplete beyond the expiration of the completion date. City may
deduct the amount thereof from any monies due or that may become due the Contractor under this
Agreement. Progress payments made after the scheduled date of completion shall not constitute a
waiver of liquidated damages.
4.INSURANCE: The Contractor shall not commence work under this Agreement until Contractor has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on a subcontract until all insurance
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
C-2
required of the subcontractor has been obtained. The Contractor shall take out and maintain at all
time during the life of this contract the following policies of insurance:
a.Workers Compensation Insurance: Before beginning work, the Contractor shall furnish to the
Engineer a certificate of insurance as proof that it has taken out full compensation insurance
for all persons whom it may employ directly or through subcontractors in carrying out the Work
specified herein, in accordance with the laws of the State of California. Such insurance shall
be maintained in full force and effect during the period covered by this Agreement. The policy
shall be endorsed to waive the right of subrogation.
In accordance with the provisions of Section 3700 of the California Labor Code, every
contractor shall secure the payment of compensation to his employees. Contractor, prior to
commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this contract."
b.For all operations of the Contractor and/or any subcontractor in performing the Work provided
for herein, insurance with the following minimum limits and coverage:
(1)Commercial General Liability - Bodily Injury (not auto) $2,000,000 each person;
$2,000,000 each accident.
(2)Commercial General Liability - Property Damage (not auto) $1,000,000 each accident;
$2,000,000 aggregate.
(4)Automobile (any auto) - Bodily Injury $2,000,000 each person; $3,000,000 each
accident.
(5)Automobile (any auto) - Property Damage $2,000,000 each accident.
c.Each such policy of insurance provided for in paragraph "b." shall:
(1)Be issued by an insurance company approved in writing by City, which is qualified to do
business in the State of California. The insurance company shall have an A.M. Best
Company Rating Guide rating of not less than A:VII;
(2)Name as additional insureds the City, its elected officials, officers, volunteers, agents
and employees, and any other parties specified in the bid documents to be so included;
(3)Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under said policy;
(4)Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled, nor the amount
of the coverage thereof reduced until thirty (30) days after receipt by City of a written
notice of such cancellation or reduction of coverage as evidenced by receipt of a
registered letter."
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
C-3
(5)Otherwise, be in form satisfactory to City.
(6)Waives all right of subrogation against the additional insureds in the policy of insurance
provided for in paragraph "b." by reason of any claim arising out of or connected with
the operations of Contractor or any subcontractor in performing the Work provided for
herein;
(7)Provides it shall not be canceled or altered without thirty (30) days' written notice thereof
given to City by registered mail.
e.The Contractor shall at the time of the execution of this Agreement present the original
policies of insurance required in paragraphs "a." and "b." hereof, or present a certificate and
original endorsements of the insurance company, showing the issuance of such insurance,
and the additional insureds and other provisions required herein.
5.LABOR CODE COMPLIANCE: At all times herein, the Contractor shall comply with all applicable
provisions of the California Labor Code including those set forth in the attachment hereto marked
“CALIFORNIA LABOR CODE COMPLIANCE.”
6.CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers,
agents and employees shall not be answerable or accountable in any manner for any loss or
damage that may happen to the work or any part thereof, or for any of the materials or other things
used or employed in performing the work; or for injury or damage to any person or persons, either
workers, employees of the Contractor, his subcontractors, or the public, or for damage to adjoining
or other property, from any cause whatsoever arising out of or in connection with the performance
of the Work. The Contractor shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever, except the sole negligence
or willful misconduct of the City, its employees, servants, or independent contractors who are
directly responsible to City during the progress of the Work or at any time before its completion and
final acceptance.
To the maximum extent permitted by law, the Contractor will indemnify, defend, and hold the City,
its elected officials, officers, employees, volunteers, and agents serving as independent contractors
in the role of City officials (“Indemnitees”), free and harmless with respect to any and all actions,
claims, damages to persons or property, stop notices, penalties, obligations, and/or liabilities that
may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other
organization, arising out of or incurred in connection with the Work, Services, operations, acts,
omissions, or activities of the Contractor, its owners, agents, employees, subcontractors, and/or
invitees, whether or not there is concurrent passive or active negligence on the part of any of the
Indemnitees, but excluding such actions, claims, damages to persons or property, penalties,
obligations, or liabilities arising from the sole negligence or willful misconduct of any of the
Indemnitees, and in connection therewith:
a.The Contractor will defend any action or actions filed in connection with any of said claims,
damages, penalties, obligations, or liabilities and will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b.The Contractor will promptly pay any judgment or award rendered against the Contractor or
any of the Indemnitees covering such claims, damages, penalties, obligations, and liabilities
arising out of or in connection with the Work, operations, or activities of the Contractor
hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees
to save and hold the Indemnitees harmless therefrom.
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
C-4
c.In the event any of the Indemnitees is made a party to any action or proceeding filed or
prosecuted against the Contractor for damages or other claims arising out of or in connection
with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to
pay to City any and all costs and expenses incurred by City or any of the Indemnitees in such
action or proceeding together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of this Agreement as shall
be considered necessary by City may be retained by City until disposition has been made of
such actions or claims for damage as provided above.
7.MANDATORY TERMS:
a.The City shall pay Contractor for its services in accordance with the agreed-upon rates as set
forth in Section 9, described in the Bid Proposal Form (P-1) and incorporated herein by this
reference. Pursuant to Public Contract Code Section 20104.50, the City shall make any
progress payment within thirty (30) days after receipt of an undisputed and properly submitted
payment request from Contractor. Upon receipt of a payment request, the City shall review
the payment request as soon as practicable to determine whether the payment request is
proper, and if any payment request is determined not to be suitable for payment, the City shall
return the payment request to the Contractor as soon as practicable, but not later than seven
(7) days after receipt, with a document setting forth in writing the reasons why the payment
request is not proper.
b.In the event of any dispute or controversy with the City over any matter whatsoever, the
Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the
performance of the Work in dispute. The Contractor shall retain any and all rights provided
that pertain to the resolution of disputes and protests between the parties. The Disputed Work
will be categorized as an “unresolved dispute” and payment, if any, shall be as later
determined by agreement or a court of law. The Contractor shall keep accurate, detailed
records of all Disputed Work, claims and other disputed matters. All claims arising out of or
related to the Contract Documents or this Project, and the consideration and payment of such
claims, are subject to the Government Claims Act (Government Code Section 810 et seq.)
with regard to filing claims. All such claims are also subject to the dispute procedures set forth
in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq.
(Article 1.5), to the extent each is applicable. This Contract hereby incorporates those
provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must
file a claim in accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable),
and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to
the definition of “claim” as individually defined therein.
c.Pursuant and subject to Public Contract Code Section 22300, the substitution of securities for
any moneys withheld by the City to ensure performance under a contract is permitted.
d.The City or its representative shall have the option of inspecting and/or auditing all records
and other written materials used by Contractor in preparing its billings to the City as a
condition precedent to any payment to Contractor. Contractor will promptly furnish documents
requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this
Agreement involves the expenditure of public funds in excess of ten thousand dollars
($10,000), Contractor shall be subject to State Auditor examination and audit at the request
of the City or as part of any audit of the City, for a period of three (3) years after final payment
under this Agreement.
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
Bidder Name & CSLB No.
C-5
e.Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing
with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code)
arising from purchases of goods, services, or materials pursuant to the Agreement. This
assignment shall be made and become effective at the time the City tenders final payment to
Contractor without further acknowledgment by the parties.
f.Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or
otherwise settle any claim relating to this Contract at any time. The City shall timely notify
Contractor of the receipt of any third-party claim relating to the Contract. The City shall be
entitled to recover its reasonable costs incurred in providing the notification required by Public
Contract Code Section 9201(b).
8.NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon
public works because of age, disability, race, color, religion, sex, sexual orientation or national
origin of such persons, and every contractor for public works violating this section is subject to all
the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in
accordance with the provisions of Section 1735 of said Code.
9.CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material
and satisfactorily performing the Work, the unit and/or lump sum prices, as applicable, set forth in
the Contractor's bid.
IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the
formalities required by law on the respective dates set forth opposite their signatures.
State of California Contractor's License #:
Contractor:
Address:
By:
Signature Name &Title
Date:
By:
Signature Name &Title
Date:
CITY OF RANCHO CUCAMONGA, CALIFORNIA
By:
Neil Plummer, Public Works Services Director
Date:
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
PrincipalSteve Rosas
5/21/2025 | 4:07 PM PDT
Bidder Name & CSLB No.
C-6
Contractor's Business Phone Number: ___________________________________________________.
Emergency Name and Phone Number at which Contractor can be reached at any time: ____________
__________________________________________________________________________________
Docusign Envelope ID: 8919525D-771F-4C6A-BC06-46155848B24D
LC-1
SPECIFICATIONS
Pre-Demolition Asbestos and Lead Assessment Specifications
Project Location: 9575 San Bernardino Road
1. Objective:
The purpose of this pre-demolition assessment is to evaluate the presence of asbestos-containing materials (ACM)
and lead-containing materials (LCM) in surface coatings and building materials at the subject property, a single-
story residence approximately 2,100 square feet in size. The assessment is to be performed in anticipation of the
planned demolition of the property.
2. Scope of Work:
Omega Environmental will provide certified technicians for conducting a pre-demolition assessment at the property.
The assessment will involve the identification and sampling of suspect asbestos and lead-containing materials as
well as the evaluation of other potential hazardous materials such as PCBs, mercury, CFCs, and radioactive tritium.
The scope will include the following:
•Asbestos and Lead Assessment:
o Collection and analysis of bulk samples from suspect asbestos-containing materials (ACMs) and
lead-painted surfaces.
o Asbestos samples will be analyzed using Polarized Light Microscopy (PLM) in accordance with
EPA’s July 1993 method for determining asbestos in bulk building materials.
o Lead-painted surfaces will be sampled and analyzed using Flame Atomic Absorption Spectroscopy
(FAAS).
o Suspect ceramic tiles, if present, will be analyzed for Total Threshold Limit Concentration (TTLC).
o Investigation of additional hazardous materials such as light fixtures for polychlorinated biphenyls
(PCBs), thermostats for mercury, and exit signs for radioactive tritium.
•Universal Waste Inventory:
o Inventory of materials such as light fixtures and electrical equipment that could potentially contain
hazardous substances (PCBs, CFCs, mercury, and radioactive tritium).
•Field Sampling and Analysis:
o Sampling of suspect materials will be conducted in accordance with industry best practices and
applicable regulatory standards.
o Bulk samples of suspect materials (both asbestos and lead) will be collected and sent to an
independent laboratory for analysis.
•Assessment Duration:
o The field sampling and assessment will be completed within a one (1) day schedule.
3. Analytical Methods:
•Asbestos Bulk Sample Analysis:
o Method: Polarized Light Microscopy (PLM) in accordance with EPA’s July 1993 method for
asbestos analysis.
o Limitations: This method cannot conclusively confirm the absence of asbestos in certain
materials. Negative results may require confirmation using an alternative method such as
Transmission Electron Microscopy (TEM) for floor tiles or PLM 1000 Point Count for other
materials.
•Lead Paint Analysis:
o Method: Flame Atomic Absorption Spectroscopy (FAAS) will be used to analyze suspect lead-
painted surfaces.
•Ceramic Tile Analysis:
o Method: Total Threshold Limit Concentration (TTLC) analysis to determine if the ceramic tiles
contain hazardous levels of lead or other heavy metals.
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•Universal Waste Screening:
o PCBs: Inspection of light ballasts and other electrical equipment for potential PCBs.
o Mercury: Inspection of thermostats and other items for mercury content.
o CFCs: Evaluation for CFCs in any refrigerant-containing appliances.
o Radioactive Tritium: Inspection of exit signs for potential radioactive content.
4. Report Development:
Upon completion of the assessment, Omega Environmental will provide a comprehensive report that includes:
•Project Summary: Overview of the assessment scope, objectives, and findings.
•Sampling and Analytical Methods: Detailed description of the methods used for sample collection and
laboratory analysis.
•Results: Analytical results for all samples, including asbestos and lead content, and the presence of other
hazardous materials.
•Recommendations: Recommended actions based on the findings, including the need for abatement or
further evaluation of any identified hazards.
The final report will be submitted to the client upon completion of the analysis and findings.
5. Health and Safety Compliance:
All activities will be performed in compliance with applicable health and safety regulations, including those set forth
by the U.S. EPA, Cal/OSHA, and the State of California.
6. Certification:
Omega Environmental will utilize EPA AHERA and State of California Certified Asbestos Professionals for this
assessment, ensuring compliance with all applicable regulatory standards.
Abatement and Disposal, Air Monitoring, Project Oversight, and Report
Development Specifications
Project Location: 9575 San Bernardino Road
1. Objective:
The objective of this scope is to provide comprehensive asbestos abatement, disposal, air monitoring, and
oversight services to ensure the safe removal of asbestos-containing materials (ACMs) from the subject property
prior to demolition. Omega Environmental will ensure that all activities comply with applicable regulatory
requirements and are performed safely and effectively.
2. Abatement and Disposal:
Omega Environmental will engage a State of California Certified and Licensed asbestos contractor to conduct the
removal and disposal of asbestos-containing materials (ACMs) at the subject property. The abatement will be
performed in strict compliance with OSHA, SCAQMD, and other relevant standards. Specifically, Omega will:
•Certified Technicians:
o Provide asbestos-certified technicians who possess the required documentation, including
certifications and medical records, in accordance with OSHA and SCAQMD regulations.
•Regulated Area Setup:
o Establish a regulated work area using fire-rated 6-mil poly sheeting, duct tape, barrier tape, and
appropriate signage to prevent unauthorized access and minimize exposure.
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o Set up a decontamination unit to ensure that all equipment and personnel are decontaminated
before leaving the worksite.
• Removal and Disposal of ACMs:
o Employ wet methods for the safe removal of approximately 100 square feet of roof mastic at
penetrations.
o Ensure all ACMs are properly bagged, labeled, and disposed of in accordance with local, state, and
federal regulations, ensuring compliance with the U.S. EPA's disposal standards.
3. Air Monitoring, Project Oversight, and Report Development:
A senior project manager will oversee all aspects of the project, ensuring coordination between the client,
abatement contractor, and industrial hygiene staff. The air monitoring and oversight will be conducted during the
abatement to ensure that asbestos fibers are adequately contained and that regulatory guidelines are followed. The
specific scope includes:
• Air Monitoring:
o Perimeter Air Sampling:
Conduct perimeter air sampling at locations immediately outside the work area during the
removal activities to monitor for the presence of airborne asbestos fibers and verify that
containment measures are effective.
Analysis Method:
Analyze the air samples onsite using Phase-Contrast Microscopy (PCM) in
accordance with NIOSH Method 7400 to assess airborne asbestos fiber
concentrations.
• Project Oversight and Abatement Monitoring:
o Work Practices and Compliance:
Observe and document the abatement contractor's work practices and procedures during
all asbestos-related activities to ensure compliance with applicable regulatory guidelines
and safety standards.
Daily Field Observations:
Complete daily checklists summarizing field observations, noting any deviations
from regulatory requirements, and ensuring that safe work practices are being
adhered to.
• Visual Inspection:
o Perform regular visual inspections of the work area to check for any remaining asbestos debris or
potential contamination. If any issues are identified, corrective actions will be taken immediately.
4. Report Development:
Upon completion of the abatement activities, Omega will provide a detailed written report that includes the
following:
• Daily Project Summary:
o A summary of daily activities, observations, and any corrective actions taken during the project.
This will include air sample results, visual inspections, and general project progress.
• Inspection Sheets:
o Detailed inspection sheets that track compliance with regulatory guidelines and ensure that all
abatement procedures are followed to the letter.
• Air Sample Results:
o Results from the perimeter air sampling, including any detected asbestos fiber concentrations and
assessment of whether airborne levels were within acceptable limits.
• Conclusions:
o A final conclusion summarizing the results of the abatement, air monitoring, and inspection
activities, with recommendations for any follow-up actions, if necessary.
The final report will be submitted to the Client at the conclusion of the project.
5. Health and Safety Compliance:
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All activities will be performed in compliance with OSHA, SCAQMD, and other relevant health and safety
regulations to protect workers, the surrounding environment, and the public from exposure to asbestos and other
hazardous materials.
6. Certification:
Omega Environmental will ensure that the abatement contractor is properly certified and licensed under the State of
California regulations, and that all asbestos-related work is performed under the supervision of qualified
professionals.
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CALIFORNIA LABOR CODE COMPLIANCE
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter
1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency (“City”), and agrees to be bound by all the provisions thereof as though set
forth in full herein.
2. This is a public work and requires the payment of prevailing wages for the work or craft in which
the worker is employed for any public work done under the contract by Contractor or by any
subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section
1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this contract from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained
at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
3. Copies may be obtained at cost at the City Clerk's office. Contractor shall post a copy of such wage
rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall
comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a
penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker,
or mechanic employed, paid less than the stipulated prevailing rates for any work done under this
contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
4. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall
be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the
Public Contract Code, or engage in the performance of any contract for public work, unless
currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited
exceptions for bid purposes only under Labor Code Section 1771.1(a)].
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which,
among other things, require Contractor and each subcontractor to (1) keep accurate payroll
records, (2) certify and make such payroll records available for inspection as provided by
Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible
for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that
Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor
Code.
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8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of
California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers’ compensation or to undertake
self-insurance in accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of this contract.”
Date Signature
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NONCOLLUSION DECLARATION FORM
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
The undersigned declares:
I am the ______________________ of ____________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has
not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in
a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder,
or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements
contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or
any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any
corporation, partnership, company, association, organization, Bid depository, or to any member or agent
thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for
such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she
has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on ___________ [date], at
___________________________________________ [city], ______________________ [state].
Signature:
Printed Name:
Date:
Signature:
Printed Name:
Date:
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SP
ISSUE DATE: 09-25-2024
9088276-2024
266
04-26-2025
04-26-2024/04-26-2025
CITY OF RANCHO CUCAMONGA SP
10500 CIVIC CENTER DR
RANCHO CUCAMONGA CA 91730-3801
30
30
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-26-2024 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE
2024-04-26 IS ATTACHED TO AND FORMS A PART OF THIS POLICY
ENDORSEMENT #1651 - DONALD THORNE CEO - EXCLUDED.
OMEGA ENVIRONMENTAL SERVICES, INC. SP
4570 CAMPUS DRIVE #30
NEWPORT BEACH CA 92660
PRINTED : 09-25-2024
POLICYHOLDER COPY
[P13,HO]
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CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT CONTRACT
OMEGA ENVIRONMENTAL SERVICES, INC.
FOR
ASBESTOS AND LEAD TESTING AT 9575
SAN BERNARDINO RD.
AWARD DATE: February 11, 2025
City of Rancho Cucamonga
CONTRACT NUMBER
2025-015
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 11 day of February 2025, by
and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Omega
Environmental Services, Inc. (“Contractor”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following
services: A pre-demolition assessment for suspect asbestos and lead-containing materials
at 9575 San Bernardino Road. (“the Project”).
B. Contractor has submitted a proposal to perform the services described in Recital
“A”, above, necessary to complete the Project.
C. City desires to engage Contractor to complete the Project in the manner set forth
and more fully described herein.
D. Contractor represents that it is fully qualified and licensed under the laws of the
State of California to perform the services contemplated by this Agreement in a good and
professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Contractor to perform all services described in Recitals
“A” and “B” above, including, but not limited to EPA AHERA and State of California
Certified Asbestos Professional Technicians to conduct a pre-demolition assessment at the
subject property for suspect asbestos-containing materials (ACM) and lead-containing
materials in surface coatings and building materials; all as more fully set forth in the proposal
dated January 22, 2025 attached hereto as Exhibit A, hereinafter entitled “Scope of Work”, and
incorporated by reference herein. The nature, scope, and level of the services required to be
performed by Contractor are set forth in the Scope of Work and are referred to herein as “the
Services.” In the event of any inconsistencies between the Scope of Work and this Agreement,
the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City the Contractor will
promptly meet with City staff to discuss any revisions to the Project desired by the City.
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Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by
amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s
compensation based thereon. A revision pursuant to this Section that does not increase the total
cost payable to Contractor by more than ten percent (10%) of the total compensation specified in
Section 3, may be approved in writing by City’s Manager without amendment.
1.3 Time for Performance. Contractor shall perform all services under this
Agreement in a timely, regular basis consistent with industry standards for professional skill and
care, and in accordance with any schedule of performance set forth in the Scope of Work, or as
set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Contractor hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Contractor hereby covenants that
it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services. By executing this Agreement, Contractor
represents that, to the extent required by the standard of practice, Contractor (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Contractor represents that
Contractor, to the extent required by the standard of practice, has investigated any areas of work,
as applicable, and is reasonably acquainted with the conditions therein. Should Contractor
discover any latent or unknown conditions, which will materially affect the performance of
services, Contractor shall immediately inform City of such fact and shall not proceed except at
Contractor’s risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall become effective as of the
date of the mutual execution by way of both party’s signature (the “Effective Date”) through June
30, 2025. No work shall be conducted; service or goods will not be provided until this Agreement
has been executed and requirements have been fulfilled.
3. Compensation.
3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C,
provided, however, that full, total and complete amount payable to Contractor shall not exceed
$5,125 (Five Thousand One Hundred Twenty-Five dollars), including all out-of-pocket expenses,
unless additional compensation is approved by the City Manager or City Council. City shall not
withhold any federal, state or other taxes, or other deductions. However, City shall withhold not
more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected
in such invoice. Under no circumstance shall Contractor be entitled to compensation for services
not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with
Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate
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Contractor for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Contractor shall submit to City monthly invoices for the Services
performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered
during the period and shall separately describe any authorized extra services. Any invoice
claiming compensation for extra services shall include appropriate documentation of prior
authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga,
California.
4.2 City shall review such invoices and notify Contractor in writing within ten
(10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30)
calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records
maintained by Contractor relating to services hereunder shall be available for review and audit
by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract
administrator and City representative shall be Neil Plummer, Public Works Services Director,
or such other person as designated in writing by the City (“City Representative”). It shall be
Contractor’s responsibility to assure that the City Representative is kept informed of the progress
of the performance of the services, and Contractor shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
5.2 Contractor Representative. For the purposes of this Agreement, Steve
Rosas, Principal, is hereby designated as the principal and representative of Contractor
authorized to act in its behalf with respect to the services specified herein and make all decisions
in connection therewith (“Contractor’s Representative”). It is expressly understood that the
experience, knowledge, capability and reputation of the Contractor’s Representative were a
substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s
Representative shall be responsible during the term of this Agreement for directing all activities
of Contractor and devoting sufficient time to personally supervise the services hereunder.
Contractor may not change the Responsible Principal without the prior written approval of City.
6. Contractor’s Personnel.
6.1 All Services shall be performed by Contractor or under Contractor’s direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
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State and local law to perform such Services, including, without limitation, a City business license
as required by the City’s Municipal Code.
6.2 Contractor shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.4.
6.3 Contractor shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By
its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section
3700 of the California Labor Code that require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of that
Code and agrees to comply with such provisions before commencing the performance of the
Services.
6.4 Contractor shall indemnify, defend and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Contractor’s violations of personnel
practices and/or any violation of the California Labor Code. City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to City
from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings,
photographs and any and all other writings, including drafts thereof, prepared, created or provided
by Contractor in the course of performing the Services, including any and all intellectual and
proprietary rights arising from the creation of the same (collectively, “Work Product”), are
considered to be “works made for hire” for the benefit of the City. Upon payment being made,
and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain
the property of City without restriction or limitation upon its use or dissemination by City. Basic
survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor
under this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
Contractor. In the event of the return of any of the Work Product to Contractor or its
representative, Contractor shall be responsible for its safe return to City. Under no circumstances
shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications
to City upon written demand by City for their delivery, notwithstanding any disputes between
Contractor and City concerning payment, performance of the contract, or otherwise. This
covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for
any purpose other than the Project, shall be at City’s sole risk.
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7.2. Assignment of Intellectual Property Interests: Upon execution of this
Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor
shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign
to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other
intellectual and proprietary property rights relating to the Work Product and the Project itself,
and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to
the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any
and all purposes, including but not limited to constructing, using, maintaining, altering, adding
to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Contractor warrants and represents that it has
secured all necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer software, used
in the rendering of the Services and the production of the Work Product and/or materials produced
under this Agreement, and that City has full legal title to and the right to reproduce any of the
Work Product. Contractor shall defend, indemnify and hold City, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials, harmless from any loss, claim or liability in
any way related to a claim that City’s use is violating federal, state or local laws, or any
contractual provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions. Contractor shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, software, equipment, devices or processes used or incorporated in the
Services and materials produced under this Agreement. In the event City’s use of any of the Work
Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its
expense, shall: (a) secure for City the right to continue using the Work Product by suspension of
any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so
that it becomes non- infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Contractor is, and shall at all times remain
as to City, a wholly independent contractor. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any
of its agents shall have control over the conduct of Contractor or any of Contractor’s employees,
except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent
that it or any of its officers, agents or employees are in any manner employees of City. Contractor
shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend,
indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest
asserted against City by reason of the independent contractor relationship created by this
Agreement. Contractor shall fully comply with the workers’ compensation law regarding
Contractor and Contractor’s employees
9. Confidentiality. Contractor may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are confidential and shall not be disclosed by Contractor without
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prior written authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this Agreement.
Contractor’s covenant under this Section shall survive the termination of this Agreement. This
provision shall not apply to information in whatever form that is in the public domain, nor shall
it restrict the Contractor from giving notices required by law or complying with an order to
provide information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary
for the Contractor to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would conflict in
any manner with the performance of the Services. Contractor further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the Services. Contractor shall not accept any employment
or representation during the term of this Agreement which is or may likely make Contractor
“financially interested” (as provided in California Government Code §§1090 and 87100) in any
decision made by City on any matter in connection with which Contractor has been retained.
10.2 Contractor further represents that it has not employed or retained any
person or entity, other than a bona fide employee working exclusively for Contractor, to solicit
or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other
than a bona fide employee working exclusively for Contractor, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this Agreement. Upon
any breach or violation of this warranty, City shall have the right, at its sole and absolute
discretion, to terminate this Agreement without further liability, or to deduct from any sums
payable to Contractor hereunder the full amount or value of any such fee, commission, percentage
or gift.
10.3 Contractor has no knowledge that any officer or employee of City has any
interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Contractor, and that if any such interest comes to the knowledge
of Contractor at any time during the term of this Agreement, Contractor shall immediately
make a complete, written disclosure of such interest to City, even if such interest would not be
deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 To the maximum extent permitted by law, the Contractor shall defend,
indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers,
and agents serving as independent contractors in the role of City officials, (collectively,
“Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses,
reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims
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relating to death or injury to any person and injury to any property, which arise out of, pertain to,
or relate to the acts, omissions, activities or operations of Contractor or any of its officers,
employees, subcontractors, Contractors, or agents in the performance of this Agreement.
Contractor shall defend Indemnitees in any action or actions filed in connection with any such
Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual
attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification
obligation herein shall not in any way be limited by the insurance obligations contained in this
Agreement provided, however, that the Contractor shall have no obligation to indemnify for
Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.
11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided
in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of
their duties, from all claims, losses and liabilities arising out of or incident to activities or
operations performed by or on behalf of the Contractor.
11.4 Survival. The provisions of this Section 11 shall survive the termination of
the Agreement and are in addition to any other rights or remedies which Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover
under this indemnity provision, and an entry of judgment against Contractor shall be conclusive
in favor of the Indemnitee’s right to recover under this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Contractor shall procure and maintain in full force and
effect for the duration of this Agreement, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the services
hereunder by Contractor, and/or its agents, representatives, employees or subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State of
California, and Employer’s Liability Insurance.
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12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) Commercial General Liability: $2,000,000 per occurrence for
bodily injury, personal injury and property damage. Commercial
General Liability Insurance or other form with a general aggregate
limit shall apply separately to this Agreement or the general limit
shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury
and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease and Workers’ Compensation Insurance
in the amount required by law.
(4) The Insurance obligations under this Agreement shall be the
greater of (i) the Insurance coverages and limits carried by the
Contractor; or (ii) the minimum Insurance coverages and limits
shown in this Agreement. Any insurance proceeds in excess of the
specified limits and coverage required which are applicable to a
given loss, shall be available to the City. No representation is made
that the minimum Insurance requirements of this Agreement are
sufficient to cover the obligations of the Contractor under this
agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any
required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies
are to contain the following provisions on a separate additionally
insured endorsement naming the City, its officers, officials,
employees, designated volunteers and agents serving as
independent contractors in the role of City officials, as additional
insureds as respects: liability arising out of activities performed by
or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor;
and/or automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no limitations on the scope
of protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent contractors
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in the role of City officials which are not also limitations applicable
to the named insured.
(2) For any claims related to this Agreement, Contractor’s insurance
coverage shall be primary insurance as respects City, its officers,
officials, employees, designated volunteers and agents serving as
independent contractors in the role of City officials. Any insurance
or self-insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be in excess of
Contractor’s insurance and shall not contribute with it.
(3) Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer’s liability.
(4) Contractor shall provide immediate written notice if (1) any of the
required insurance policies is terminated; (2) the limits of any of
the required polices are reduced; (3) or the deductible or self-
insured retention is increased. In the event of any cancellation or
reduction in coverage or limits of any insurance, Contractor shall
forthwith obtain and submit proof of substitute insurance. Should
Contractor fail to immediately procure other insurance, as
specified, to substitute for any canceled policy, the City may
procure such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy required by this clause shall expressly waive
the insurer’s right of subrogation against City, its elected officials,
officers, employees, servants, attorneys, designated volunteers,
and agents serving as independent contractors in the role of City
officials.
(6) Each policy shall be issued by an insurance company approved in
writing by City, which is admitted and licensed to do business in
the State of California and which is rated A:VII or better according
to the most recent A.M. Best Co. Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting
or other provisions of the required policy, including breaches of
warranty, shall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or
defending any claim against any insured, including court costs and
attorneys' fees, shall be paid in addition to and shall not deplete any
policy limits.
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(9) Contractor shall provide any and all other insurance, endorsements,
or exclusions as required by the City in any request for proposals
applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Contractor shall furnish the City with certificates and original endorsements, or
copies of each required policy, effecting and evidencing the insurance coverage required by this
Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation
waiver of subrogation endorsement, and (3) General liability declarations or endorsement page
listing all policy endorsements. The endorsements shall be signed by a person authorized by the
insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and
approved by the City before Contractor commences performance. If performance of this
Agreement shall extend beyond one year, Contractor shall provide City with the required policies
or endorsements evidencing renewal of the required policies of insurance prior to the expiration
of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of this
Agreement including the indemnity and insurance requirements to the extent they apply to the
scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound
to Contractor and City in the same manner and to the same extent as Contractor is bound to City
pursuant to this Agreement, and to require each of its subcontractors to include these same
provisions in its contract with any sub-subcontractor.
13. Cooperation. In the event any claim or action is brought against City relating to
Contractor’s performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation that City might require. City shall compensate Contractor
for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any time
for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event
City exercises its right to terminate this Agreement, City shall pay Contractor for any services
satisfactorily rendered prior to the effective date of the termination, provided Contractor is not
then in breach of this Agreement. Contractor shall have no other claim against City by reason of
such termination, including any claim for compensation. City may terminate for cause following
a default remaining uncured more than five (5) business days after service of a notice to cure on
the breaching party.
Contractor may terminate this Agreement for cause upon giving the City ten (10) business days
prior written notice for any of the following: (1) uncured breach by the City of any material term
of this Agreement, including but not limited to Payment Terms; (2) material changes in the
conditions under which this Agreement was entered into, coupled with the failure of the parties
to reach accord on the fees and charges for any Additional Services required because of such
changes.
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15. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered
by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b)
on the third business day following deposit in the United States mail, postage prepaid, to the
addresses set forth in this Section, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City: Neil Plummer
City of Rancho Cucamonga
Public Works Services Department
8794 Lion Street
Rancho Cucamonga, CA 91730
If to Contractor: Steve Rosas, Prinicpal
Omega Environmental Services, Inc.
1133 Camelback Street, 7261
Newport Beach, CA 92658
16. Non-Discrimination and Equal Employment Opportunity. In the performance
of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed,
and that employees are treated during employment, without regard to their race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
17. Assignment and Subcontracting. Contractor shall not assign or transfer any
interest in this Agreement or subcontract the performance of any of Contractor’s obligations
hereunder without City’s prior written consent. Except as provided herein, any attempt by
Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be null, void and of no effect.
18. Compliance with Laws. Contractor shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Contractor performs the
Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance
with other requirements on “public works” and “maintenance” projects. If the Services are being
performed as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
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can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services, available to interested parties upon request, and shall post copies
at the Contractor’s principal place of business and at the Project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such payment
by City shall in no way impair or prejudice any right or remedy available to City with regard to
such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of California. Venue
for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by
any rules of interpretation providing for interpretation against the party who causes the
uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of
the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any other
documents, attachments and/or exhibits referenced herein and attached hereto, each of which is
incorporated herein by such reference, and the same represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties which expressly refers
to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
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representatives, have executed this Agreement as of the date first written above.
Vendor Name
By:
Name Date
City of Rancho Cucamonga
By:
Name Date
Title Title
By:
Name Date
Title
(two signatures required if corporation)
Principal
Principal
Public Works Services Director
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2/26/2025 | 4:25 PM PST
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ATTACHMENTS
• Attachment A – Sample Additional Insured Endorsement, Ongoing Operations
• Attachment B – Sample Additional Insured Endorsement, Completed Operations
• Attachment C – Sample Waiver of Subrogation
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Attachment A – Sample Additional Insured Endorsement, Ongoing Operations
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Attachment B – Sample Additional Insured Endorsement, Completed Operations
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Attachment C – Sample Waiver of Subrogation
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SCOPE OF WORK
Scope of Work Contents:
• Exhibit A – Proposal
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Omega Environmental Services, Inc. 1133 Camelback Street, 7261
email: steve@omegaenv.com Newport Beach, CA 92658
Federal Tax ID #: 45-4532910 Phone: 949-252-2145
www.omegaenv.com Fax: 949-252-2148
______________________________________________________________________________
Los Angeles San Diego San Francisco Seattle Denver Las Vegas Phoenix Raleigh
January 22, 2025
Jeff Geith Project # 2025-5673COR
Facilities Supervisor
City of Rancho Cucamonga
8794 Lion Street
Rancho Cucamonga, California 91730
Prepared By: S. Rosas/N. Salari
Project Location: 9575 San Bernardino
Rancho Cucamonga, California 91730
Omega Environmental Services, Inc. (Omega) is pleased to submit this proposal to conduct a pre-demolition assessment for suspect asbestos and
lead-containing materials at the above referenced site.
Scope of Work
Pre-Demolition Asbestos and Lead Assessment
Omega will provide an EPA AHERA and State of California Certified Asbestos Professional Technicians to conduct a pre-demolition assessment
at the subject property for suspect asbestos-containing materials (ACM) and lead-containing materials in surface coatings and building materials.
This assessment is for the planned demolition of a single-story residence that is approximately 2,100 square feet at the subject property. A
representative number of bulk samples of each suspect material will be collected for analysis. Asbestos bulk samples will be analyzed using
polarized light microscopy (PLM) in accordance with EPA’s July 1993 method for the determination of asbestos in bulk building materials. Note
that this method cannot conclusively confirm the absence of asbestos in some materials. Therefore, negative results should be verified by an
independent analytical method such as transmission electron microscopy for floor tile or PLM 1000 Point Count for other materials. The Omega
technicians will collect samples of suspect lead painted surfaces. Suspect lead samples will be analyzed by flame atomic absorption spectroscopy
(FAAS). Omega will collect samples of ceramic tiles (if any) and the samples will be analyzed for Total Threshold Limit Concentration (TTLC).
All suspect asbestos and lead samples will be submitted to an independent laboratory. In addition, Omega will inventory potential universal wastes
such as, the light fixtures and other electrical equipment to evaluate potential polychlorinated biphenyls (PCB's) containing light ballasts,
thermostats for mercury, CFC’s and exit signs for radioactive tritium. This scope of work for the assessment and sampling in the field will be
conducted within a one (1) day schedule.
Report Development
A final report will be submitted including a project summary, sampling and analytical methods, recommendations and analytical results.
Cost Estimate
Pre-Demolition Asbestos and Lead Assessment $2,325
Estimated Analytical (Based on rush 48-hour turnaround time) $1,550
40 PLM samples @ $20 each
6 Paint chip samples @ $75 each
4 TTLC samples @ $75 each
Report Development $1,250
Total Estimate: $5,125
____________________________________________________________________________________________________________________
Assumption and Exclusion:
u Client to provide access to all areas at agreed upon times
u Client to provide existing documentation, reports, floor plans, test results or other information of importance to the scope of services outlined
above.
u This scope of work includes the roof and exterior. Sampling of roofing may compromise the roof integrity and warranty. Omega recommends
that a qualified roofing contractor repair the roof, as necessary. Client to provide roof access.
u Client to provide roof access.
u Client to provide drawings and/or floor plan of the subject property and historical reports, if any.
u Work will be performed in accordance with Federal, State and local regulatory requirements.
u Additional samples will be charged at the above referenced rate, if necessary. Additional samples will be analyzed upon approval from the
client.
u Samples will be analyzed based on 48-hour turnaround time after the completion of the assessment and receipt of sample lab results.
u This cost is based on one mobilization.
General Terms and Conditions (Attached)
_____________________________________________________________________________________________________________________
Please Sign Below for Approval
____________________________________ ________________________________ __________________________
Signature Title Date
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