Contract Information and FAQ’s

Bluewater needs the following information and signatures before a project can be scheduled:

1. Contract Documentation – any one of the following three forms are acceptable.
1. Sign Bluewater’s contract and proposal document and fax back to the office with the hard copy to follow in the mail.
2. Provide a written purchase order, which includes reference to our proposal and qualifying exhibits.
3. Fax a notice to proceed, which includes contract price, inclusions and exclusions. (This will still need to be followed by your contract documents for Bluewater to sign. Please note that all contract documents need to be reviewed and all contract language agree to prior to signing).
2. Preliminary Lien Information:
1. Building Owners Name, Address, Phone Number
2. Lender Name and Address, or none if appropriate.
3. EPA Number (if there is hazardous waste to be disposed of). If there is a permanent number please advise of this. If not, a temporary EPA number can be secured over the telephone by calling The Department of Toxic Substances at 1-800-618-6942. They will ask for the Generator’s (building owner) name, address, phone number and contact person. They will issue you an EPA number good for 90 days over the phone. This number needs to be called or faxed into our office.

Indemnification Clause Issues

Indemnification language is a very contentious contract issue and boils down to insurance coverage. Owners/general contractors are often using indemnification language to pass their risks on to others. In short, indemnification language (type 1 indemnity clause) requires the subcontractor (that’s Bluewater) to pay for all damages except for the "sole negligence or willful misconduct" of the owner or general contractor.

Under this scenario, even if an owner/general contractor is 99% at fault for a given problem, Bluewater could have an obligation to defend and indemnify the Owner/General Contractor for such a claim. To put this in common English, Bluewater would be exposed to all of the Owner/General Contractor’s Attorney’s fees as well as any dollars paid in settlement or as a result of a judgment against the Owner/General Contractor even if the Owner/General Contractor is 99% responsible for the problem.

This is clearly not fair and very well could be the result under a Type 1 Indemnity Clause.

Bluewater will not sign a contract with a Type 1 indemnifcation clause without first negotiating language that would eliminate this unfair exposure.

Legal Survey Requirements Required Prior to Interior or Mass Demo

All building demolition projects require a CAL/OSHA certified asbestos/lead survey, prior to applying for a BAAQMD permit. All interior demolition projects require some survey sampling, however, the extent is based on the extent of the interior demolition. It is the owner’s responsibility to provide this information, preferably at the time the job is bid. We cannot obtain the correct permits or start the job without this information.

Independent Air Clearances

Bluewater Environmental always recommends 3^rd party independent air clearances at the completion of every asbestos project. Either the owner or Bluewater Environmental can facilitate this and it is usually identified in the bid proposal as a separate line item.

BAAQMD Permit Requirements

BAAQMD requires permits and fees (LINK) for both friable asbestos abatement and structured demolition. Permit application along with permit fees must be sent in a minimum of ten working days prior to start of work. All permit applications require asbestos survey information from the site. Bluewater Environmental process and pays for these permits as part of our scope of work and documents it as a scope of work item in the contract.

Where Does the Name Bluewater Come From?

Todd and I were raised in New Orleans, LA where the offshore fishing in the Gulf of Mexico was one of our Dad’s favorite activities. The Mississippi River dumped dirty brown water in the Gulf of Mexico, which was good and bad. It provides a tremendous amount of food for the fish at the lower end of food chain. This is really good. To get to the areas where you can really fish for the big fish, you have to run out in to the Gulf of Mexico, anywhere form 40 to 60 miles off shore. This was bad. It was the border between the dirty brown Mississippi water and the beautiful crystal clear Gulf of Mexico water that we called the "Riptide" or "Bluewater". There was a current difference; temperature difference and very often it trapped all the various flotsam floating around the Gulf. You would be in the dirty brown water where there was literally no visibility and right there past the flotsam line you could see fifty feet down. That was the "Bluewater" and that’s where the fish were. Lots of fish, big fish, scary fish, large schools of fish and always sharks. We caught wahoo (lemon fish), amberjack, jack cravel, king mackrel, tuna, bluefish, dolphin and sharks. Going to the "Bluewater" was difficult. It took a large boat and extra fuel. We had to leave the day before and sleep on the boat. It was a long way out. Back then it was something very few people did. For two little boys it was always a scary adventure. And we did some of the best fishing you could possibly imagine.

It just seemed appropriate to name the company "Bluewater".

Today we still fish a lot, mostly in the ocean outside the Golden Gate Bridge or the river systems feeding into the delta. You can see our new boat "eFISHiency" and some of our memorable moments in the Outdoor Adventures section.

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