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HomeMy WebLinkAboutBarr & Clark Environmental, Inc. - 2004-11-29su Iiy Corntracis Submittal to 6ityl, Clerk's Office Hunt' Beach• To: Connie Brockway, City Clerk c 1. Name of Contractor: Barr & Clark 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake 711 —Huntington Central Pfark Provide lead based paint consultant services,, z r 3. ,Amount,of Contract: $30,000.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer g:/Attymisc/forms/city clerk contract transmittal doc 0 • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARR & CLARK.ENVIRONMENTAL,.INC. FOR LEAD BASED PAINT CONSULTANT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and BARR & CLARK ENVIRONMENTAL, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant'to provide lead based paint consultant services; and Pursuant to documentation- on file, in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Matt Crochet who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 04agree/barr-ccl ark/ 11/2/04 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than two years from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "A," which is attached hereto. and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars ($30,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit. "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 04agree/bamcclark/11/2/04 2 B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. C. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non - approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. D. Any billings for extra work or additional services authorized in advance. and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate 04agree/barr-ccl ark/ 11/2/04 3 charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda,, letters and other . . documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers — from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or . CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This 04agree/barr-cclark/11/2/04 4 indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 04agree/barr-cclark/11/2/04 5 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, . CONSULTANT acknowledges awareness of Section 3700. et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONSULTANT shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of, the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 10. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is 04agree/barr-cclark/11/2/04 6 • • provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 11. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;- the certificate shall: . A. provide the.name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 04agree/barr-cclark/11/2/04 7 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall. at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 04agree/barn-cc1ark/11/2/04 8 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and. subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16.. NOTICES Any notices, certificates, or other communications hereunder shall be. given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: 04agree/barr-cclark/11/2/04 9 • 0 TO CITY: TO CONSULTANT: City of Huntington Beach Matthew Crochet ATTN: Director of Economic Development Barr & Clark Environmental, Inc. 2000 Main Street 22850 Crenshaw Boulevard, Suite 200 Huntington Beach, CA 92648 Torrance, CA 90505 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any languagein this Agreement shall be valid unless in writing and duly executed by both parties. 19: SECTION HEADINGS The . titles, captions, . section, paragraph and subject headings, and descriptive phrases. at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters - included or excluded from such provisions, 'and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all_parts of this Agreement shall in all cases.be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the 04agree/barr-cclarldl 1/2/04 A 0 .. remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States. Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to 04agree/barr-cclark/l1/2/04 11 • Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached 04agree/barr-cclark/ 11/2/04 12 exhibits, contain the entire agreement between'the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on`� ' 24 BARR & CLARK ENVIRONMENTAL, CITY OF HUNTINGTON BEACH, INC., a California corporation, a municipal corporation of the State of California By: ITT' � Qo G print name ITS: (circle one) Chairman/President a Preside C Director of Economic Development (Pursuant To HBMC §3.03.100) AND A.__ _. PEED AS TO FORM: 61 BCity Atto jz��— Y/— ZA A (-&� P, t. ti I L4 O� print name REVIEWED AND APP VED: ITS: (circle one)/ cr�etaarr Chief Financial Officer/Asst. \ �/ Secretary — Treasiker� / City A inistrator (only for,contracts kO, 000.00 and over) 04agree/barn-cclark/11/2/04 13 BARR & CLARK Independent Environmental Testing ASBESTOS • LEAD • PHASE I EXHIBIT "A" Proposal For Lead -Based Paint Consulting Services Prepared For Terri King Economic Development Department City of Huntington Beach 2000 Main Street, 5th Floor Huntington Beach, CA 92648 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 (310) 517-0805 • Fax: (310) 517-0822 & BARR & CLARK Independent Environmental Testing 1 ASBESTOS• LEAD • PHASE I May 25, 2004 Terri King Economic Development Department City of Huntington Beach 2000 Main Street, 5ch Floor Huntington Beach, CA 92648 Phone: (714) 960-8831 Fax: (714) 37575087 Re: Proposal For Lead -Based Paint Consulting Services Dear Ms. King: As the impact of the recent changes to the HUD requirements are becoming apparent to municipalities and community based organizations all across the country, we have carefully studied the relevant sections of 24 CFR, section 35 (Title X) to better serve our clients. It is important to be in compliance with the regulations and to reduce complications to an already burdened project. Our knowledge and experience can help to minimize the impact of lead -related considerations affecting your programs. Barr & Clark is pleased to bid on the ongoing LBP consulting work for the City of Huntington Beach. The following has been provided per your submission requirements: Consultant Information Barr & Clark Environmental, Inc. 22850 Crenshaw Blvd., Suite 200 Torrance, CA 90505 Office: (310) 517-0805 Cell: (310) 760-2112 Fax: (310)-517-0822 Contact Person: Matt Crochet California DHS Lead Inspector/Risk Assessor Certifications are located in Appendix 1. Insurance certificates are located in Appendix 2. Consultant Team Robert Clark - President Fourteen years experience in environmental assessments and eleven years experience in lead - based paint and asbestos related fields. He is an instructor in California and Arizona for the certification of inspectors, contractors and workers. He has participated in a wide range of projects from single family residences and apartments to commercial and industrial structures. His primary efforts are now in the areas of project analysis and abatement design. Certifications include: California Registered Environmental Assessor (#06167) State of California Certified Lead Inspector/Risk Assessor (I 8) — 81' in California! State of California Certified Lead Project Designer (D 8) — 8`h in California! 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 (310) 517-0805 9 Fax: (310) 517-0822 Lead Based Paint Consulog Services • & Proposal for Services — City of Huntington Beach May 25, 2004 Matthew Crochet - Vice President & Project Director, Lead Operations Eleven years experience in lead -based paint field inspections, project designs, operations and maintenance plans, and clearance testing. Range of properties dealt with include single family residences, multi -family dwellings (apartments), commercial, industrial, and government owned facilities (military bases, post offices, prisons). Mr. Crochet is a member of the National Lead Abatement Council and the California Association of Certified Lead Professionals (Board Member). Certifications include: State of California Certified Lead Inspector/Risk Assessor (I 12) —12`h in Californial State of California Certified Lead Abatement Project Monitor (M 12) —12`h in Californial Alex Romani - Project Director, Asbestos and Lead Operations Six years experience in asbestos and lead -related consulting, field inspections, and project designs for single family residences, apartment complexes, commercial structures, industrial sites, and school facilities. Certifications include: State of California Certified Lead In Assessor (I 10575) DOSH Certified Asbestos Site Surveillance Technician (SST# 03-3447) Chris Hale — Lead Based Paint Inspector/Risk Assessor Four years experience in lead -related consulting, field inspections, and project monitoring for single family residences, apartment complexes, commercial structures, industrial sites, and school facilities. Certification includes: State of California Certified Lead Inspector/Risk Assessor (I 12099) See Appendix 3 (Statement of Qualifications) for additional key employees. Qualifications Community Development Commission — Block Grant Division • Type of Projects: Lead Inspections, Design of Abatement Specifications, Risk Assessments, and Clearance Testing for single family residences. • Project Name/Location: Various projects throughout the greater Los Angeles area. • Contact: Bill Pro — CDC — Housing Rehabilitation. Loan Programs (323) 890-7240 • Personnel who worked on job: Matt Crochet, Robert Clark, Alex Romani, and Chris Hale • Date completed: Have completed numerous projects from 2000 to present. Currently under contract for lead consulting services. • Name of Regulatory Oversight Agencies: CDC, DHS, HUD, and CALOSHA. • Description: Services include lead inspections, risk assessments, abatement specifications, monitoring, and clearance testing. All services comply with EPA and HUD guidelines. Barr & Clark is currently under contract to perform lead -related services for CDC's Single Family Grant Program, Housing Rehabilitation Loan Programs, and Home Ownership/Home Buyer Program. Page 2 of 6 BARR & CLARK 9 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 • (310) 517-0805 • Fax: (310) 517-0822 Lead Based Paint Consulting Services, Proposal for Services — City of Huntington Beach May 25, 2004 City of Buena Park — Economic Development Department • Type of Projects: Lead Inspections, Design of Abatement Specifications, Risk Assessments, and Clearance Testing for single family residences and multifamily housing properties. • Project Name/Location: Various projects throughout the City of Buena Park. • Contact: Mark Lazzaretto (714) 562-3538 • Personnel who worked on job: Matt Crochet, Robert Clark, Alex Romani, and Chris Hale • Date completed: Have completed numerous projects from 2001 to present. Currently under contract for lead consulting services. • Name of Regulatory Oversight Agencies: LARD, Office of Historic Preservation, CDC, DHS, HUD, and CALOSHA. • Description: Services include lead inspections, risk assessments, abatement specifications, monitoring, and clearance testing. All services comply with California, EPA, and HUD guidelines. Barr & Clark is currently under contract to perform lead -related services for the City of Buena Park. .City of Los Angeles — Housing Department -1 • Type of Projects: Lead Inspections, Design of Abatement Specifications, Risk Assessments, �i and Clearance Testing for single family residences and multifamily housing properties. • Project Name/Location: Various projects throughout the greater Los Angeles area. • Contact: Sergio Tejadillo (213) 808-8935 • Personnel who worked on job: Matt Crochet, Robert Clark, Alex Romani, and Chris Hale • Date completed: Have completed numerous projects from 1994 to present. Currently under . contract for lead consulting services. • Name of Regulatory Oversight Agencies: LAHD, Office of Historic Preservation, CDC, DHS, HUD, and CALOSHA. • Description: Services include lead inspections, risk assessments, abatement specifications, monitoring, and clearance testing. All services comply with California, EPA, and HUD guidelines. Barr & Clark is currently under contract to perform lead -related services for the Los Angeles Housing Department NPP Programs as well as the Handyworker Program. City of El Monte — Community Development Housing Division • Type of Projects: Lead and Asbestos Inspections, Design of Abatement Specifications, Risk Assessments, and Clearance Testing for single family residences, multifamily housing properties, and commercial structures. • Project Name/Location: Various projects throughout the City of El Monte. • Contact: Tim Esparza (626) 580-2075 • Personnel who worked on job: Matt Crochet, Robert Clark, Alex Romani, and Chris Hale • Date completed: Have completed numerous projects from 2000 to present. Currently under contract for lead and asbestos consulting services. Page 3 of 6 BARR & CLARK • 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 • (310) 517-0805 9 Fax: (310) 517-0822 Lead Based Paint Consu*g Services { Proposal for Services — City of Huntington Beach May 25, 2004 • Name of Regulatory Oversight Agencies: CDC, DHS, HUD, and CALOSHA. • Description: Services include lead inspections, risk assessments, abatement specifications, monitoring, and clearance testing. All services comply with California, EPA, and HUD guidelines. Barr & Clark is currently under contract to perform lead and asbestos related services for the City of El Monte. City of Inglewood and the Neighbor Works Home Ownership Center (non-profit organization) • Type of Projects: Lead Inspections, Design of Abatement Specifications, Risk Assessments, and Clearance Testing for single family residences and multifamily housing properties. • Project Name/Location: Various projects throughout the City of Inglewood. • Contact: Pamela Thigpen — City of Inglewood (310) 412-4395 4� Contact: Leo Harris - Neighbor Works Home Ownership Center (310) 674-3756 • Personnel who worked on job: Matt Crochet, Robert Clark, Alex Romani, and Chris Hale • Date completed: Have completed numerous projects from 2000 to present. Currently under contract for lead and asbestos consulting services. • Name of Regulatory Oversight Agencies: CDC, DHS, LARD, HUD, and CALOSHA. • Description: Services, include lead inspections, risk assessments, abatement specifications, monitoring, and clearance testing. All services comply with California, EPA, and HUD guidelines. Barr & Clark is currently under contract to perform lead related services for the City of Inglewood and Neighbor Works Home Ownership Center. References Tony Cruz (818) 786-3906 City of Los Angeles — Housing Department Rehabilitation Construction Specialist/Construction Estimator- 8121 Van Nuys Blvd. Suite 420 Van Nuys, CA 91402 Dianne Cotto (714) 744-7214 City.of Orange — Economic Development Department 230 East Chapman Orange, CA 92866-1506 Bill Pro (323) 890-7248 County of Los Angeles Community Development Commission (Block Grant Division) 2 Coral Circle Monterey Park, CA 91755 Mark Lazzaretto (714) 562-3538 City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622-5009 Page 4 of 6 BARR & CLARK 9 22850 Crenshaw Blvd., 9 Suite 200 • Torrance, California 90505 9 (310) 517-0805 9 Fax: (310) 517-0822 Y s Lead Based Paint Consuming Services Proposal for Services — City of Huntington Beach 1 May 25, 2004 Eric Berg (714) 754-5023 City of Costa Mesa — Housing and Community Development P.O. Box 1200 77 Fair Drive Costa Mesa, CA 92628-1200 Ben Phillips (714) 550-5063 Mercy Charities Housing (Non -Profit Organization) 500 S. Main Street, Suite 100 Orange, CA 92868 Gary Flora (310) 458-2232 City of Santa Monica 2121 Cloverfield Blvd., Suite 100 Santa Monica, CA 9.0404 Additional references are available upon request. Proposal All of the following items are not -to -exceed fee quotes. The date to start work is immediate. All insurance requirements, binders, etc. will be provided. A copy of our Errors and Omissions Insurance ($2, 000, 000 aggregate) may be found in Appendix 2. 1. Combination Lead -Based Paint Inspection and Risk Assessment (including visual assessment and cost effective treatments) - The inspection will in compliance with 24 CFR 35.930 (d) (Title X), California Title 17 Regulations, and the relevant chapters of the current version of the HUD Guidelines. Paint testing will performed using XRF methodology. All laboratory samples (dust and soil samples) will be analyzed for lead content by Patriot Environmental Laboratory Services which is accredited by the American Industrial Association (AIHA), the National Institute for Standards and Technology (NVLAP) and the California Department of Health Services (ELAP). • Homes up to 2,000 square feet $ 300.00 • Homes greater than 2,000 square feet $ 350.00 • Apartment units (minimum of 4 units) $ 90.00/unit A sample Lead -Based Paint Inspection/Risk Assessment Report may be found in Appendix 4. 2. Project Design/Abatement Specifications (if necessary) —A Project Design/Abatement Specifications will be developed based upon the results of the lead hazard evaluation and the scope of work for any general rehabilitation. The specifications will be in compliance with 24 CFR 35.930 (d) (Title X) and the relevant chapters of the current version of the HUD Guidelines. Per structure $ 175.00 3. Project Monitoring (if necessary) —Project Monitoring will include managing the remediation process (including contractor selection, if requested), site visits before, during, and after abatement activities. Closeout package to be prepared at the completion of all lead abatement activities. Per Project $ 55.00/hour (4 hour minimum) Page S of 6 BARR & CLARK • 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 • (310) 517-0805 • Fax: (310) 517-0822 Lead Based Paint Consul Services • & r Proposal for Services — City of Huntington Beach May 25, 2004 4. Clearance — Conduct clearance inspection and issue abatement certification in compliance with 24 CFR 3 5.93 0 (d) (Title X) and the relevant chapters of the current version of the HUD Guidelines. • Per job site visit $ 150.00 • Laboratory samples for dust wipe or, soil $ 15.00 each 5. Payment - To maintain this pricing level, we have assumed prompt payment for services. All invoices are payable within 30 days of presentation. Additional Information Provided • Appendix 1- California DHS Certifications • Appendix 2 - Insurance Certificates o Errors and Omissions ($2,000,000 aggregate) o Workers' Compensation o Auto Insurance • Appendix 3 - Statement of Qualifications • Appendix 4 — Sample Lead Inspection/Risk Assessment Report Barr & Clark is proud of our past accomplishments and we are confident that we can provide timely and cost efficient services to the City of Huntington Beach. If you have any questions or require additional information, please contact me at (310) 517-0805. Sincerely, Matt Crochet Vice -President Page 6 of 6 BARR & CLARK 9 22850 Crenshaw Blvd., • Suite 200 • Torrance, California 90505 • (310) 517-0805 • Fax: (310) 517-0822 'NLi44 J}3ar"�"S::i3:.=.:Y `TM .-. ..:-:iu�.=•ti.�-3.^K<:.. -�E JC - SA` RODUCER Serial # A6855 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEGENDS ENVIRONMENTAL. INS.SVCS,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1305 GENE AUTRY WAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92805 COMPANIES AFFORDING COVERAGE LICENSE #OC79875 (714) 634-2683 (714) 634-3704 COMPANY HUDSON INSURANCE CO. A XII ISURED COMPANY BARR & CLARK, INC. B 22850 CRENSHAW BLVD. # 200 COMPANY -TORRANCE, CA 90505 C jw % :. — " COMPANY D THIS IS j0 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE ' POLICY NUMBER POLICY EFFECTIVE DATE (MMIDMil POLICY EXPIRATION DATE ILIa1IDOIYYI LIMITS GENERAL LIABILITY FEC510110 03/09/04 -03109/05 GENE-RAL.AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGO S 1,000.000 COMMERCIAL CE14EM LIABILITY CLAIMS MADE �X OCCUR PERSONAL & ADV INJURY S 1,000,000 OWNERS & CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 X CONTRACTORS POLL FIRE DAMAGE WWan fire) s 50,000 MED E)P &W am Person) s 5,000 AUTOMOBIb&LI1BILITY \ ANY AUTO FEC510110 03/09/04 3109/05 COMBINED SINGLE UMR S 1,000,000 IL8O1JURY ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS XNON-OWNED AUTOS AppROVED T FORM: (Per Laodderu s PROPERTY DAMAGE s IlNJURY A&--/ /p NIFER 144RA M, City Attor= F GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACHACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE s AGGREGATE S UMBRELLA FORM g OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND W i S ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ TN8 PROPRETOW INCL PARTNERSOCECUTNE REXCL EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE $ OFFCM ARE OTHER PROFESSIONAL LIABILITY FEC510110 03/09/04. 03/09/05 INCLUDED IN GL LIMITS ABOVE CLAIMS MAKE CLAIMS MADE SCRIPTION OF OPERATIONSAA=TIONSNEHK3.ESISPECIAL ITEMS -IE CITY OF HUNTINGTON BEACH; AND REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ITS AGENTS, FFICERS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS ON GENERAL LIABILITY PER ATTACHED NDORSEMENT. RE: LEAD BASED PAINT TESTING AND CONSULTING EXCEPT 10 DAY NOTICE FOR NONPAY OF PREMIUM IN LIEU OF 3/15104 OMAN p R SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E AM)I ii)ODE AIL ATTN: STEVE HOLTZ 30 DAYS wwnw .NDTICE To THE CmmmATE mums NAMED To THE LEFT, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE OF WDEP RANCE :1FMPR0ICERTPR0S.WEB or G; BARR & CLARK, INC. POLICY # FEC510110 Mu SON Endorsement INS , RANMIX AUTOMATIC ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS This endorsement changes the Policy. Please read it careitiliy. This endorsement modifies Insurance provided under.the fo0owrn COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION UABILITY COVERAGE PART SCHEDULE Name of Person or Organization: y person(s) or organization(s) whom the Named Insured agrees, In a en contract, t name as an additional Insured. However, this status exists only for thl project s ecified In that contract. THE CITY OF HUNTINGTON BEACH, ITS OFFICERS,AGENTS,EIPLOYEES AND VOLUNTEERS, REDEVEIAPMENT.AGENCY OF THE CITY OF HUNTINGTON BEACH. The persgn or organizatldn shown In this Schedule -is Included as an Insured, hu .only.with respect that person's or organization's vicarious liability arising*out of your ongoing operations performed for that Insured. FEI-01044319-E . _ -- � i -GERTHULQER • GUPY, ' STATE,' .... -,; F.,. .. ., _.,.:. - .:, : • .::�:.,,::;.:,_.;t. _ -._.n -,: , : P.Q. BOA• 807,,' SAN : FRANCISCQ,CA b*i 42 0807� cOMPENSATIbN71x ; 1NSU"AN'CE D CERTIFICATE OF WORKERS``'cOMPENSATIONINSURANCE UN, ISSUE' DATE: 07-01-2003 x a OUP;4 ` POLICY NUMBEFt, • t35r;3i 2Q03 _ ' CERTiF1CATE CERTIN A--..SXP1EiES 07-01�2004 07-0 t !00ii3O ' 01-20d4 ,' - '`C:ITY',OF hUNTINGTON _BEACH SGz, } ATTN $T,EVF'` HOOT' EGQNQMJ.rC'DEVELOPMENi'�, ' ` 2060 'MA I STREET.' HURTI NGTON _,BEACH"' CA •:g2648 t This -is to certify thaf, We "have issued a valid 'Noikers' Co''mpensation'insurance'polic'Y::in';a°fcieni-apprnved'by-the California Insurance Commissioner to the employer- named below. for.,the''policy, ;period•Arndicated This policy is -not, subject to ,cancellation by: the Fund except- upon 30 days'- advance vvr1t4m notice to the employer. ` We will also give you 20 days'"advance. notice should ,this policy bel_cancOled�-prior. fo,:-its -,h6rm4`,expir`ation .This cq ifi•tate of insurance is not an:,insuran6e' policy; and .does "not amenik extend or alter the coverage afforded by, the poGctes;:listed' he?eiri IVdtwit(istani�in any_:wquirement; -term. ° or conditiori.tlf any enr� ct r otfierr documept with. respect -to which 'this ceftificate oft -insurance ,may. 'benissued e"or. may pertain„= the msurahce :afforded; be,.the"€ policies described herein -is 'subject to all e'terms:.exchJsions•arid conditions of;such'linilcres."-:`, AUTHORIZED�.REPRESENTATIVE PRESIDENT , x z' EMP.,LOYEWSYLIAflILITY LIMIT INCLUDING DEFENSE COSTA: '$1,000,09P.00 PEI'�'O��iRENCE; Y" YENDORSEMENT- 110011`5 ,ENTITLED: AODITIONAL,­<'INSURED EMPLOYER =EFFECTIVE ,!j% Al 2004 IS AT.1 CI Eb^TO_'.AND , - - FORMS A PART OF ,''THIS POLICY. NAME OF ADDITIONAL, INSPIRED: ` CITY OF HUNTINGTOIN , BEACH-. •, ,. ' SG 4V. » 4 ENDORSEMENT #2065- ENTITLED C RTIFICATE-'HOLDERS!, NOTICE: EFFECTIVE _07 01-2003 IS ATTACNEt JO AND FORMS A PART OF THIS 'POLICY. 9 • , � �,, t � �F t � y tom.+.. ., $ 1. w 1. = h i✓e �'', a I=MPLOY_ER 1EC0AE� I�AM6 } ti: pa c', -�_ �.,• xf`p ',+z'. . f -E` �: 4r Y' rt 2 $ � 6•r ;", "•' > _?, a: BARB CLARK :.• ";iAtR' R "(l� CQRP� ,: 22$50,CRENSHA�! B.VDSTE :i10 TORRANCE ,tA 90505 1, 18-2003 Ft EVA Oil -_ r PF{INFEf}' t Pf14i}Sr . S° 'l PROFESSIONAL SERVICE CONTRACTS o PURCHASING CERTIFICATION 1. Requested by: David C. Biggs (contact, Terri King) 2. Date: August 16, 2004 3. Name of consultant: Barr & Clark Independent Environmental Testing 4. Description of work to be performed: Lead Base Paint Inspection/Testing/Reporting as required for City Housing Rehab Loan Program 5. Amount of the contract: $4f86-88 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: r17z-r68940 .69365 i2/5"" 3o t 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed -payment schedule. IC ARD AMADRIL., Manager Purchasing/Central Services I 1 If the answer to any these questions is "No," the contract will require approval from the City Council. LIST OF CONTRACTORS SENT RFP FOR REHAB LEAD BASE PAINT INSPECTION, ASSESSMENT, MONITORING AND CLEARANCE RELATED SERVICES May 12, 2004 American Environmental Specialists Co. Attn: Jim McClung 7400 Center Ave. Suite 113 Huntington Beach, CA 92647 (714) 379-3333 FX (714) 379-3338 Anchor Environmental Consultants, Inc. Attn: Thomas J. McKerr ry res ponce 8592 Acapulco Circle Huntington Beach, CA 92646-2336 (714) 290-0073 FX (714) 968-7509 tomckerr@aol.com re eei ✓M Asset Attn: Rhonda Youngblood j'1.P3 Ire SP6nXj. 5011 Argosy Ave. Suite #4 Huntington Beach, CA 92649 (714) 379-9099 FX (714) 379-9096 Barr & Clark* re ez! ✓ed Attn: Matthew Crochet 22880 Crenshaw Blvd., Ste 200 Torrance, CA 90505 (310) 517-0805 FX (310) 517-0822 CTL Environmental Services Q66 ✓ICA Attn: Karen Scott 24404 South Vermont Ave. Suite #307 Harbor City, CA 90710 (310) 530-5006 FX (310) 530-0792 Envirocheck �t Attn: Vinh Pham rw rtsp - l;; 7052 Orangewood Ave. Suite #2 Garden Grove, CA 92841 (714) 893-8177 / FX (714) 891-3922 Lead Tech* Y-4Ee- viA Attn: Steve Denzler 5419 McConnell Ave. Los Angeles, CA 90066 (310)574-6883 FX (310) 574-6883 KR Environmental Services re0-e-�✓ed. Attn: Ken Roberts 18582 Beach Blvd. Suite #210 Huntington Beach, CA 92648-2043 (714) 378-0843 FX (714) 378-0641 Komex Hz0 Science ✓ e4'l'(IWC Attn: Dave Silveri 5455 Garden Grove 2"d Floor Westminster, CA 92683 (714) 379-1159 FX (714) 379-1160 Phase One, Inc. 1r'eL' dvd Attn: Jeff Williams 2680 Walnut Ave. Suite B Tustin, CA 92780 (714) 669-8055 X112 FX (714) 669-8025 (800) 524-8877 jetbaphasei.com www.phasei.com Secor International no asIx-nse-,, Attn: Kelly Brown 11085 Knott Ave. Suite B Cypress, CA 90630 (714) 379-3366 FX (714) 379-3375 Date letters sent: May 12 and (*2) May 24, 2004 Due date: May 27, 2004 by 5:00 pm Q Atcn*fplead2004\rip_ Ibpconsltbidlist051404.doe