HomeMy WebLinkAboutLead Tech Environmental, Inc. - 2008-08-29�CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Lead Tech Environmental, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Lead Base Pain Inspection Services
CPA-I'AJ_r�
Amount of Contract: $10,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
❑
Initiating Dept. ❑ to Risk Management
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date: 2 D
Nzineltxtensiorf
City Attorney's Office
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X, M,-L9
G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
i eADj 16C—N 4R 119V1Vft5Ah 9L)146
FOR
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Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I
I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEA b -rCCH EN V 1 IzOry m EtV rA} -) /NC ,
FOR
4El9b 6)9,SE ?,q/A1 i tNSI'EC.TIo,A/-3ukLh0__4;S
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
C
"CITY, and �14Djr6a4 6,AJOkOl�lA 1a)1 C44i1-ig1(?Ni9 CJDVOOR `l eremafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
oa'e M4a!6 q S�_, acZ e /bf ins a Me Se_-vtces ;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 _ Sr f2y -bon z/er%,reser' who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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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 on 2 , 20 08 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than 3 V 2Q.YS from the Commencement Date. The time for performance
of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule
may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
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 "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed -rEN (l-tO C(S� d ND Dollars
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
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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
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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 (or alleged 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
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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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.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
10. 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. shall promise that such policy. shall not be suspended, voided or canceled
by either parry, 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.
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.
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11. 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.
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.
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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:
TO CITY:
TO CONSULTANT:
City of Huntington Beach ,aaet4g beet z./er Prz s%c�ea��
ATTN: b)redf0-r I -eyed 72c,—:ad�r�h�2li�oe1�•1�%rrG
2000 Main Street 00A-ai A:r_'9t% , Ste A
Huntington Beach, CA 92648 Ga_t7 PLro , M 90731
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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 language in 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 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
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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
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.
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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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTANT'S initials _0 � th
28. 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
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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
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.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the date
of its approval by the City Attorney. This Agreement shall expire when terminated as provided
herein.
CONSULTANT, _ CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
COMPANY NAME
By:
print name
ITS: (circle one) Chai (Presiders ice President
AND
By:
print name
ITS: (circle one) Secretary/ ief Financial Officer sst.
Secretary — Treasurer
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.w-
r= -y1J r Directorle—hiVf
(Pursuant To HBMC3. 3.100)
APPROVED AS TO FORM:
P ��� �J�( 9, / r'> 0 1
City Attorney
Date ktm
EXHIBIT "A"
A. STATEMENT OF WORK:
CONSULTANT shall provide lead base paint inspection services, including duties
related to inspection/risk assessment, project design, project monitoring and clearance
testing on single family and multifamily housing rehabilitation projects on an "as -
needed" basis.
Due to the fact that the housing rehabilitation projects are funded with Federal or State
funds, CONSULTANT must comply with requirements of the Residential Lead -Based
Hazard Reduction Act of 1992, Title X of the Housing and Community Development Act
of 1992.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall follow provisions specified in the
scope of work shown in Exhibit A.2.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. The City or its Program Administrator shall furnish a request for a lead base paint
inspection (or other services as needed) with the pertinent information needed by
the CONSULTANT for each project assigned.
2. City or its Program Administrator shall provide information to, or respond to
questions from, CONSULTANT with regard to project assignments.
D. -WORK PROGRAM/PROJECT SCHEDULE:
CONSULTANT shall perform duties and responsibilities according to the schedules and
timelines provided in the scope of work shown in Exhibit A.2.
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Exhibit A-2
1. IMPLEMENTATION PLAN FOR SCOPE OF WORK
For accuracy of lead test measurements, we abide by our XRF machine's performance
specifications. Our inspectors use a portable XRF lead based paint Spectrum Analyzer
manufactured by Radiation Monitoring Devices ("RMD") to test for LBP. Our RMD
serial number is 1043 and our radiation License number is 5835-19. We also have access
to two additional RMD XRF analyzers.
LTE calibrates the XRF pursuant to the manufacturer's specifications and regularly
verifies 3 XRF readings against pre determined lead samples produced by the National
Institute of Standards and Testing (NIST) every 4 hours or at the beginning or end of each
LBP inspection. All of these quality control measures produce a 95% confidence level
that our XRF readings accurately reflect the actual level of lead in the tested surfaces. In
drafting the reports, we use a two step process to avoid errors. The lead
inspector/assessor for the particular job drafts the initial report. For QAQC, Mr. Denzler
reviews the report and double checks the field data to confirm all appropriate building
components are designated as negative or positive for lead based paint.
CLEARANCE INSPECTION AND TESTING
LTE's lead assessor first requests a copy of the abatement contractor's scope of work if
we do not already have it. We generally discuss the scope of work with the contractor
prior to visiting the site. The lead assessor will schedule the clearance test with both the
abatement contractor and site resident. We will also notify the City. Upon visiting the
site, the inspector will conducted a visual examination throughout the entire residence to
confirm all tasks in the scope of work was completed in a professional manner.
Secondly, the assessor will confirm the site was properly cleaned. If he detects visible
signs of paint dust, ripped polyethylene sheeting or other indications that the site was not
properly cleaned he will call the office. The office will then notify the City construction
specialist that the abatement contractor did not clean the site. Rather than waste samples,
LTE will visually fail the contractor and immediately notify them of the problem. If the
site was properly cleaned, we take dust wipe samples in the work areas and an adjacent
area. We may also take a soil sample. We send the samples and chain of custody
documentation to AmerSci or LA Testing with a spiked sample to confirm lab's accuracy.
Once the lab results are faxed back to our office, the project manager will review the
results and draft the clearance report that states whether the contractor passed or failed the
test.
Please note some consulting companies go out of their way to fail the abatement
contractor. They purposely look for any reason to fail the clearance so that they can
return for another clearance. While Lead Tech first priority is protecting the occupants
from lead hazards, we do not strive to fail the contractor. Sometimes a failed clearance
can cause numerous delays which in turn can cause the owner's a great deal of
unnecessary aggravation. An owner that can't use their bathroom or kitchen for an extra
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2-5 days is not uncommon if those areas fail the clearance. Lead Tech generally speaks
with the abatement supervisor and advises him before we drive to the residence and
conduct our clearance. That way, the supervisor can instruct his workers to clean the
work areas one final time before we arrive.
ABATEMENT SPECIFICATION AND PROJECT MONITORING
Mr. Denzler will review the City Construction Specialists scope of work, compare it with
our LBP survey, and draft the abatement specification. If necessary, Mr. Denzler can
interact with the owner, City representative and abatement contractor. Our project
monitor will ask for all abatement contractor submittals prior to job commencement. He
will walk the jobsite with the contractor to confirm everyone understand the scope of
work, and that the contractor will abide by the abatement specification. It is critical that
everyone involved is on the same page.
2. CLIENT SATISFACTION
Lead Tech has provided lead based paint consulting services to municipal housing
departments for over 13 years. We understand the dynamics involved of working with
private home owners, city loan officers or construction specialists, abatement contractors.
and general contractors. We strive to make the process as seamless as possible. When
we schedule the inspection with the homeowners, either our inspector or office staff will
explain to them what we need to do, how long it will take, etc. We always schedule the
inspection/clearance at a convenient time for the homeowner. When requested, our
inspectors will work weekends. After arriving at the residence, our inspector will go over
the scope of the work with the homeowner to confirm that everyone is on the same page.
If requested by the owner, our inspector will verbally inform him/her of our XRF results.
Mr. Denzler, our project designer will work closely with the City and abatement
contractor if necessary in drafting the abatement specifications. He strives to recommend
the most cost affective interim controls or abatement options. Mr. Denzler is generally in
the office, and can easily answer any questions regarding the abatement specification. As
an attorney, he is very familiar with all pertinent lead based paint regulations.
Our project monitors try to work with the abatement company rather than against them.
Most importantly, our monitor will walk the jobsite with the contractor supervisor prior
to the commencement of any work. He will point out exactly what needs to be done, how
it needs to be done, and what we will be looking for during our clearance inspection. We
have learned that open communication can save both time and money. In addition, we
will request a copy of the contractor's submittal package prior to visiting the jobsite. We
will want to review a completed and filed DHS 8551, worker DHS certifications,
abatement plan, schedule, etc. For cost management, Lead Tech generally recommends
that monitoring can be limited to the first day prior and during containment set up, and
then the final day to confirm completion and conduct clearance testing. Very few Cities
want to pay for a full time (8 hour shift) project monitor, and if the abatement contractor
is reputable, it is not necessary.
2
Or project manager, Mr. Denzler, will continually appraise the City Contact of all
substantive developments.
Lastly, Lead Tech strongly urges the City of Huntington Beach to contact our references.
They are the best testimonial of client satisfaction/
3. PROJECT SCHEDULE
Lead Tech can provide the City Contact with a schedule of all activities. As a general
rule, we always notify the home owner that the inspection/risk assessment will take
between an hour and two hours. We will strive to make initial contact with the home
owner within 24 hours of receiving the work order and schedule the inspection within 2-3
days. Because we need to abide by the owner's schedule, the inspection might take
longer to schedule. If we have problems reaching the owner or tenant, we will notify the
City. In our experience, some owners are hesitant or dubious to believe that a lead
inspection is necessary. A call from the City explaining the situation can sometimes
avoid delays. Lead Tech will submit any sampling: dust wipe or soil samples as part of
the risk assessment or lead clearance for 48 hour analysis. We will strive to draft the
report within 4 days of visiting the property. For a lead clearance, we can generally draft
the report within 2-3 days of conducting the clearance. We can verbally notify the City of
the clearance results as soon as the lab faxes them to our office. We try and avoid having
the home owner inconvenienced as much as possible. If a bathroom or kitchen had lead
abatement work, LTE will do our best to provide a verbal clearance within 24-48 hours to
avoid delays.
Mr. Denzler can draft an abatement specification within forty eight hours of receiving the
work order. After conducting lead project monitoring, LTE will draft the final closeout
report within 5 days of job completion.
3. CITY TASKS
Our current City clients either fax or email our office the work orders. We require the
home owners' names and phone numbers, both home, cell or work numbers if possible,
addresses and scopes of work. If a job is a rush, the City should specify on the work
order. The more specific the work order the better. If the City of Huntington Beach
accounting department requires a purchase order or job number, LTE would appreciate
receiving one at the outset. We would also need to the know specific City loan officer
handling each residence. LTE would also need to know the contact information of the
abatement company and supervisor the City or Owner retained to conduct the abatement.
3
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
(See attached Exhibit B-2 "Fee Schedule -Lead Tech Environmental, Inc.')
2. 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.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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
E) 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.
4. 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 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.
Surfnet Exhibit B Page 1 of 1
EXHIBIT B
Fixed Fee Payment
EXHIBIT B-2
Fee Schedule -Lead Tech Environmental, Inc.
F. FEE PROPOSAL
A summary of Lead Tech's single family unit charges is provided in the table below:
SERVICE
COST NOT TO EXCEED
ECONOMY:. OF
SCALE DISCOUNT
Limited Lead Screening
$225 for testing only the
only
exterior
Limited Lead Screening and
$260 for testing exterior & all
Risk Assessment
laboratory samples
Full HUD XRF Lead Paint
$300 for lead inspection no
$290 each
Inspection
samples necessary if lead free
Full HUD XFR inspection
$350 for lead inspection and
$340 each
& Risk Assessment
sampling
Clearance Testing
$225 including samples
Abatement Specification
$200
Abatement Monitoring
$55 an hour with 4 hour
minimum
Multifamily Inspections
Price depends on number of
units
The economy of scale discount will apply when more than one City project can be
scheduled on the same day. All above fees include travel expenses such as gas and report
generation.
The above fees apply to single family residence no larger than 2,000 square feet.
Abatement Specification Charge: The formal abatement specification will describe in
detail what the abatement contractor will be expected to do, how they should do it, and
how they should clean up after the work and deal with hazardous waste, etc. The
abatement specification will mention all pertinent regulations. The competent abatement
contractor will know what to do from reading our inspection/assessment reports. The
report will have a section entitled "Abatement Recommendations" that will be broken
down by components such as: what to do for lead positive windows; doors; walls;
exterior trim; etc.
Close Out Report: Because the length and content of Close Out Reports can vary
considerably, Lead Tech will charge an hourly fee for staff time and work product, based
upon the hourly rate of $100.00.
06/19/2008 15:32 3108312465
LcADTECH PAGE 02/03
From: ArKean Slarak AT: Snapp a A-eaciates Fwd D: To: Steven Danzler Dsty 6/1012008 03:ZU rlvl 'Age. o v, ,
CORQ CERTIFICATE OF LIABILITY INSURANCE OP ID A DATE(MMNOMYY)
LXADT-1 0611910S
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Snapp & Associatas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Services, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
438 Camino del Rio so. ##112 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92108
Phone: 619-908-3100 Fax:619-908-3110 INSURERS AFFORDING COVERAGE NAIL #
INSURED INSURER Hudson insurance Company
INSURER P.
Lead Tech Environmental wcLIRERC
Steven Deniler
605 S. Pacific lave suite 202 wsusE40
San Pedro CA 90731
NSUPER E'
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE PEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. 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 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN M.yY NAVE BEEN REDUCED BY PAID CLAIMS.
R N9R TYPE nc tNCI,gdNl`a` POLICY NUMBER DATE 'MNVDO/YY OATS MAVDO UnAITS
GENERAL LIABILITY
A X CO+MERCIALGEN+PALUPEILITY', FEC7002846
I CLAIVSN4A'CE � CCCLIP
G N'L AGGREGATE LIMIT APPLIES DER:
FOUCT lE LOC
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LIABILITY
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ALL DyVNED raJ70�
SCHEOULEO AIJTCS
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7 AN;' ALTO
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DEDUCTIE.E
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WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
AR^' PROPRIETOPIP aPTNER%E.\L W T'12
OPFICFRIMEMSER EXCLJOED)
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EPECIAL "POVISIONS bd'4'°
FEC7002046
VED AS TO
EPCH OCCURRENCE :G 1,000,000
OS/05/08 OS/05/09 PREMISES(Eecccuenc<) f 50,000
MEO EXP(Any O'd 00':0n) $5j,000
PcagoN L P ADIJ r?,xRY 1 1,000,000
GENERA. AGGPE'GATE
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OS/OS/08
COMBINED SINGLE LT
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$
BOOILY INJURY
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICl69 i Ex OLUSIONS ADDED BY ENOORSEMENIT I SPECIAL PROVISIONS
Re: Operations of the named insured subject to the terms and conditions of
the policy. Certificate holder is named additional insured per the attached
form. 10* days notice of cancellation in the event of nonpayment of premium
I I
CERTIFICATE HOI_DER CANCFI LATION
City of Huntington Boach
Its agents, officers and
Fntployees
2000 Main St.
Huntington Reach CA 92648
ACORD 25
CITYMUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
GATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO FRAIL 30 * OATS wRR'TEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L&T, BUT FAILURE TO DO GO SHALL
IMPOSE NO 08LJOATION OR LIADILITY OF ANY KIND UPON THE )NSURER. ITS AOENTS OR
REPREeENTATvE9
(D ACORD CORPORA
JUN-15-2008 16:13 3108312465
96i P.02
06/19/2008 15: 32 . 3108312465 LEADTECH HA(:]t t7J/bJ
From: Artisan Sfarak At: Snapp & AN sociatac Fa -,(ID- To'. Steven Denzler Date: 6/10/2008 02.20 PM Page: 2 of 3
Lead Tech Environmental
Endorsement Number: 5
Automatic Additional Insured — Owners, Lessees or Contractors
This endorsement, effectivc 5/5/2008 attaches to and forms a part of Policy Number
FIC7002846. This endorsementchanges the Policy. Please read it c.1-cfully.
This endorsement modifies insurance provided under the following:
COMMERCLAI. GJNEKAL LLWILD'X COV U10,GE PAAT
CONTRACTORS POLLUTION LL01L1TX COVERAGE PART
$CKLOULE
Naive of Person or 0rgn1izari011:
Any person(s) or organization(s) whom the Named Insured a;recs, in a
written contract, to name as an additional insured. However, this status
exists only for the project specified in that contract.
The person or organization slhown in this Schedule is included as an insured, but
only with respect to that persohh's or organizatiou's vicarious liability ansutg out
of your ongoing operations performed for that insured.
FEI-0104-319-E
JUN-19-2008 16:13 3108312465 57% F.03
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 7/14/2008 2. Contract Number: ECD as_Fa3.TOO
3. Department: Economic Development 4. Requested by: Stanley Smalewitz (via T. King)
5. Name of consultant: Lead Tech Environmental, Inc.
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
See attached
7. Amount of the contract: $10,000
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
X5Y e/o%-5- . a', )y_-50
10. Business Unit and Object Code where funds are budgeted: 2$8364-�92a0
11. Is this contract less than $50,000? ® Yes ❑ No 41
12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
13. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
See attached
16. Attach proposed scope of work.
See attached
17. Attach proposed payment schedule.
See attached
Department ead Signature
RI ARD AMADRIL
Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
Lead Base Paint Inspection Services
RFP Vendor List
American Environmental Specialists
Attn: Jim
7400 Center
Huntington
Mr.
Co.
McClung
Ave. Suite
Beach, CA
McClung
(714) 379-3333
113
92647
Barr & Clark*
Attn:
22880
Torrance,
Mr.
(714) 894-5700
Matthew
Crenshaw
CA 90505
Crochet
Crochet
Blvd., Ste
200
CTL Environmental Services
Attn:
24404
Harbor City,
Ms. Scott
(310) 530-5006
Karen
South
CA 90710
Scott
Vermont
Ave. Suite
#307
Lead Tech
Attn: Steve
5419
Los Angeles,
Mr.
(310) 831-2479*
Denzler
McConnell
CA 90066
Denzler
Ave.
All County Environmental
Attn: Don
1081 N.
Anaheim,
Mr. Moser
714-917-1400
Moser
Shepard St.
CA 92806
Suite H
Komex H2O Science
Attn: Dave
5455
Westminster,
Mr. Silveri
(714) 379-1157
Silveri
Garden
CA 92683
Grove 2°d
Floor
Phase One, Inc.
Attn: Jeff
2680
Tustin, CA
Mr.
(714) 669-8055
Williams
Walnut
92780
Williams
Ave. Suite
B