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HomeMy WebLinkAboutBarr and Clark Environmental, Inc. - 2008-08-29�CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Barr and Clark Environmental, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Lead Base Pain Inspection Services Amount of Contract: $20,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent,to Treasurer ❑ Date: ame/Extens on City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal � . � ` � � ` BETWEEN PROFESSIONALSERVICES CONTRACT � ' OF HUNTINGTON BEACH AND THECITY '4"_�^~^`- rOo` � � � Table ofContents � ' .l ----'-------'--------'--_---------''| ��ScooeofS .' City Staff Assistance ...................................................... .................................. ........ 2 ' 3 Term; Time of Performance --------_-----------'-------2 4 Compensation ..... 5 �Extra Work ---.— ' ------. .---� .2 '—..� � --------------- 0 �--�� Method of _--_-----.—'-----_---------..----,.3 , 7 ' Disposition of Plans, Estimates and Other Documents --------.-----'3 8 Hold Harmless ............................................................................................................ 9 Professional ..--------',-----_---'_—...''/4 10 Certificate 0fInsurance .................................................................................. ......... 5 � I Independent Coutnacto,-------'-------'—_-------------6, ` 12 Termination of Agreement ........................................................... I ............................. 0 13 Assignment and Delegation --.-----------.----------_---'0 14 —.----_--.---------------_-------.7 l� City Officials -----------------._.-----.---7 C' 16 Notices ......................................................................................... 7 17 Consent .............................................................. ....................................................... g 18 Modification .............................................................................................................. 8 ' 19� Section ------'-----------.---,------------.Q 20 Interpretation of this Agreement ............................................... 8 21 -------------------------_---.---.9. ` 22Immigration ...... ----------_-------------------............ 0 23 Legal Sc,vkseu Subcontracting Prohibited ................................................................ 9 � . 24 Fees ........................................................................................................... l0 25 Survival ---------.-----------------------.----,]0 28 Governing Law .................. ....................................................................................... l0 � 27 S -------------------.------------------]O 28 Entirety ----.—..-----'---.--------_—_--._------.'--l0 ' 29 ` Effective Date ................................................................................... l PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ;6191zi2 A10 (2(-171 k EiVy6hQ1111- &V71L,.) IM!, FOR ktA,6 P)9 /ll! 7- IASP67erlolV 6c-1 U ICt 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 �a 6�7ALlKc, "CITY, and bAlek R/up C(-4-e K � V10 , hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to gyvtde, lead ant c�K S/ae car16r�C Se-rr (,c e.S ;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 fikZ60ieed 3-d6w— t who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcsto $49 12-07 I 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 , 20 0 S (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 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 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 wilt undertake such agree/surfnet/professional svcs to $49 12-07 2 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 agree/surfnet/professional Svcs to $49 I2-o� 3 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 agree/surfnet/professional svcs to $49 12-07 4 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 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. 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. agree/surfnet/professionalsvcs to $49 12-07 5 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 anytime 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. agree/surfnet/professional Svcs to $49 12-07 6 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 /yQ-� ATTN: �' ufec ��nc�:le�t�ct� ree&r-C9 _ _ri- aot� �� � A 2000 Main Street 1 rr �` �p ineat /c? 6-00 ( 14-.0 o a/2r 'St - Huntington Beach, CA 92648 �r�v _ 63.1. ; OA- 9 a gz{� agree/surfnet/professional svcsto $49 12-07 7 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 agree/surfnet/professional svesto $49 y 12-07 8 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. agree/surfnet/professional svcs to $49 12-07 9 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 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 agree/surfnet/professional Svcs to $49 12-07 - 10 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, COMPANY NAME By: v+✓' CA9 c#ej- print name ITS: (circle one) Chainn reside Vice President ` AND B / print name ITS: (circle one) cret Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professionalsvcs to $49 12-07 l l CITY OF HUNTINGTON BEACH, a municipal corporation of the.State of California mar e��Pa Director/& (Pursuant TiffHBMC §3. 03.100) APPROVED AS TO FORM: City Attorney Date Ae�j 2 l ;/ gi0&F 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. 0,\TenT,.RF11 Lead Base Paint Svcs 204 8vJ,BP Contract L.c id I cc It 2008k,F 04)it A 1.13P Lnspcan Lead rechAv 1 of 1 Exhibit A-2 "Scope of Work" (For Barr and Clark Lead Base Paint Inspection Services Contract-2008) 1.0 INTRODUCTION The scope of services, inspection methodology, and results are presented below. 2.0 SCOPE OF WORK The purpose of the inspection/risk assessment is to identify and assess the Lead -Based Paint (LBP) present on painted components of a subject property. At a time agreed upon with the property owner, Barr & Clark will perform an inspection/risk assessment for lead -based paint at the subject property being assisted by the City of Huntington Beach. To comply with EPA and HUD guidelines, painted and varnished surfaces in every accessible "room equivalent" will be sampled for the presence of LBP. The intent is to ascertain the presence of lead -based paint above the federal action level. If LBP is found, the inspection will identify individual architectural components and their respective concentrations of lead in such a manner that the report will characterize the presence of LBP at the property. 3.0 PROPERTY DESCRIPTION A brief description of the subject property and improvements will be prepared, to include building design, age and type and information on the infrastructure, foundation, structure, window and door openings, bedrooms, bathrooms and garage. Barr & Clark will also include a brief statement as to the general condition of the property's painted surfaces at the time if inspection. 4.0 INSPECTOR'S QUALIFICATIONS Burr & Clark will perform. the inspection/risk assessment at the site using an RMD LPA- 1 XRF spectrum analyzer instrument, if possible. The inspector's certifications and training with.regard to the use of the RMD LPA-1 XRF spectrum analyzer and the performance of lead base paint inspection, as required by the California Department of Health Services, Childhood Lead Poisoning Branch will be included, with evidence of such certifications attached within the report. 5.0 TESTING PROTOCOL XRF Testing: Testing of the painted surfaces will be patterned after the inspection protocol in Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing'. In every "room equivalent" within the tested property, one representative surface of each "testing combination" will be tested. Multiple readings will be collected to resolve inconsistencies in the test results. Page 1 of Exhibit A-2 Regulatory Compliance: Several public (government) agencies have a published "regulatory action level" to classify LBP. To further complicate matters, some of the established "levels" are quantified in different units of measurement. The current regulatory agencies that have defined LBP, along with the respective action level, will be listed (e.g. see below in italics): A_eennc Ordinance 9 Action level (Mg /cm2) Action level (ppm' HUD / EPA 24 CFR 35.86 & 40 CFR 745.103 1.0 mg / cmz 5, 000 ppm OSHA / CAL OSHA 29 CFR 1926.62 & Title 8, 1532.1 Not Specified 600 ppm"` HUD /EPA have recently issued the following guidance regarding units of measurement for paint samples: "Report lead paint amounts in mg/cm' because this unit of measurement does not depend on the number of layers of non -lead -based paint and can usually be obtained without damaging the painted surface. All measurements of lead in paint should be in mg/cm, unless the surface area cannot be measured or if all paint cannot be removed from the measured surface area. In such cases, concentrations may be reported in weight percent (%) or parts per million by weight (ppm). Furthermore, EPA has previously issued guidance on lead content classification as follows: "... The rule, at 24 CFR 35.86 and 40 CFR •745.103 states that a lead -based paint free finding must demonstrate that the building is free of paint or other surface coatings that contain lead in excess of 1.0 milligrams per square centimeter (1.0 mg / cm2) or 0.5 percent by weight (5000 ppm). ' The State standards ---- ---` `----�---� �- - ---`�----------- --- --- -`- ---. _ I n 1-.. , I ,V Taking into consideration the various action levels, the appropriate testing results will be classified in the report (e.g. see below in italics): • Painted surfaces with readings at or above 1.0 mg / cm are considered Positive • Painted surfaces with readings at or below 0.9 mg / cm are considered Negative The individual readings have been provided on all field data sheets. Any future change in action levels by one of the regulating agencies may affect the classification of results. Dust Wipe Sampling: The California DHS/HUD action level for lead dust is 40 ,ug/ftz for floors, 250 ug / f for window sills, 400 ug / ftz for window wells, and 400 Pg / ftz for exterior surfaces. Soil Sampling: The California DHS/HUD action level for lead in soil is 400 parts per million (ppm) for bare soil and 1000. ppm for soil covered with vegetation (ground cover, grass, etc.). . 6.0 METHOD OF TESTING Paint Testing: The type of method employed (e.g. X-ray fluorescence (XRF) using a Radiation Monitoring Device Lead Paint Analyzer (RMD LPA-1) will be stated, along Page 2 of Exhibit A-2 with the settings or mode used on the instrument and how those settings will affect the test results. (e.g. see italics below) The instrument was operated in "Quick Mode, " where the duration for each test result is determined by a combination of • the actual reading relative to the designated action level; • the age of the radioactive source; and • the substrate on which the test was taken. The instrument's calibration was verified according to the manufacturer's specifications in compliance with the Performance Characteristic Sheet (PCS) developed for this instrument. The readings from this instrument produce a 95% confidence level that the "lead" reading accurately reflects the actual level of lead in the tested surfaces, relative to the federal action level. Laboratory Sample Analysis: Soil and dust samples will be collected from the property and analyzed for lead content by a licensed laboratory. The laboratory accreditations will be listed. Barr & Clark will include a brief description of the samples being analyzed and methodology used (e.g. see italics below): • Dust Wipe Sampling -The method of analysis was Flame Atomic Absor tion Spectroscopy (OSHA ID-121, 'Flame AA) performed on samples collected from measured areas. • Soil Sampling - The method of analysis was Flame Atomic Absorption Spectroscopy (SW-486, flame AA) performed on samples collected from the top %2 " of bare soil areas (drip line, etc.). 7.0 SUMMARY OF RESULTS Paint Sampling:,A statement will be made as to whether or not any of the tested painted' components indicated the presence of lead -based paint (LBP) at or above the respective action level. A summary will follow of those specific components that tested above the action level and their respective locations (e.g. see italics below): Interior •' Wooden doorframes in the bathroom,. living room, and kitchen • Some of the. tiled surfaces in the bathrooms and kitchens also tested positive for lead. These surfaces were not painted and the lead is most likely in the glazing or the matrix of the tile itself Page 3 of Exhibit A-2 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 -Barr and Clark 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. c Exhibit B-2 "Fee Schedule -Barr and Clark Environmental, Inc." a Fee Proposal: All of the following items are not -to -exceed fee quotes., No additional charges for travel. All overhead and out-of-pocket expenses are included! 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 1. Lead -Based Paint (LBP) Consulting — (Typical written report turnaround time is 5 working days, or less.) • Combination Lead -Based Paint Inspection and Risk Assessment (including visual assessment and cost effective treatments) The inspection will be 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).. See Appendix 4 for Sample Report. ➢ Homes up to 2,000 square feet $ 375.00 ➢ Homes greater than 2,000 square feet $ 395.00 ➢ Apartment units (minimum of 4 units) $ 90.00/unit All laboratory sampling costs are included in the above pricing. • 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 • 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 $ 75.00/hour (4 hour minimum) • LBP Clearance — Conduct a lead 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. LBP Clearance Inspection - Per job site visit $ 150.00 ➢ Laboratory samples for dust wipe or soil $ 15.00 each 12684 Hoover Street • Garden Grove, California 92841 • 714-894-5700 • Fax: 714-894-5702 ACORE, CERTIFICATE OF LIABILITY INSURANCE ° 03/`10120088Y' PRODUCER Serial # A6855 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEGENDS ENVIRONMENTAL INS.SVCS,LLC 2165 N GLASSELL STREET ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORANGE, CA 92865 LICENSE #OC79875 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: WESTCHESTER SURPLUS LINES INS. CO. BARR & CLARK, INC. INSURER B: 12684 HOOVER STREET INSURER C: GARDEN GROVE, CA 92841 INSURER D: INSURER E: COVERAGES 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 BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSW TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/OD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 .000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR G23805200-002 3/9/08 3/9/09 DRMMAGE GE TO RENTED ence E 50,000 MEDEXP (Anyone person) E 5,000 PERSONAL & ADV INJURY S 1,000,000 X CONTRACTORS POLL GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PEO F LOG AUTOMOBILE LIABILITY ANY AUTO G23805200 002 - 3/9/08 319/09 COMBINED SINGLE LIMIT (Ea amdenl) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO t1C VED r O C V ED J R FORM .RM S EXCESSIUMBRELLA LIABILITY OCCUR a CLAIMS MADE �71r YY R,f JL' LI_ _ � j _ 1yd /�i �r ,ifis " F Qm� EACH OCCURRENCE $ AGGREGATE $ E l� � DEDUCTIBLE S RETENTION $ $ WORKER'S COMPENSATION AND EMPLOY ERS' LIABILITY � WC STATU- OTH- TORV LIMITS ER EL EACH ACCIDENT S ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If es, describe under SPECIAL PROVISIONS below EL DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ A PR€3FESSIONAL LIABILITY G23805200 002 319/08 3/9109 INCLUDED IN GL LIMITS ABOVE CLAIMS MADE RETRO DATE 3/9/94 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF HUNTINGTON BEACH; AND REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS ON GENERAL LIABILITY PER ATTACHED ENDORSEMENT. RE: LEAD BASED PAINT TESTING AND CONSULTING `EXCEPT 10 DAY NOTICE FOR NONPAY OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATTN: TERRI CITY OF HUNTINGTON BEACH RI KING DATE THEREOF. THE ISSUING INSURER WILL EUi XWOX XXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTMY4XlYY4U&C9V�XXxX 2000 MAIN STREET itd5xxxx HUNTINGTON BEACH, CA 92648 J REPRESENTATIVES, I AUTHORIZED REPRESENTATIVE OF INOEPEN E SURAN GEN ACORD 25 (200/08) ©ACORD CORPORATION 1988 C:\FMPRO\CFRTPROS FP5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) `Jamr-d In swccl Endorsemem Number BARR S CLARK, INC. ra>licy Symhnl POIiCV Number Policy Period f(feciwn Onle rif Fnrinrsr.innnt IG23805200-002 3/9/08 TO 3/9/09 — _ 3/9/08 leisured By Wame of Insurance Company) WESTCHESTER SURPLUS LINES INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This enclorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: CITY OF HUNTINGTON BEACH, REDEVELOPMENT AGENCY OF E CITY! ��F HUNTIN ON BEACH I Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. I _ Ilf no entry appears above, information required to complete this endorsement will be shown in the, Declarations as applicable to this —clorscment A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. (3. With respect to Iha insurance, afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: `( 1') All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to he. performed by or on behalf of the addtional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subconlractor engaged in performing operations for a principal as a part of Iha same project ENV '1 IoO (08 04) In,�IiJdr; ropyrightrd material Of Insurance cervices Office Inc with its prtrmission p"rJq I of I CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Date: 7/14/2008 3. Department: Economic Development 4. Requested by: Stanley Smalewitz (via T. King) 5. Name of consultant: Barr and Clark Environmental; Inc. ,6. Attach the written statement of the. specification, conditions, and other requirements for the requested. services provided to solicited consultants. See attached 2. Contract Number: ECD aOlf 03700 7. Amount of the contract: $20,000 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 10. Business Unit and Object Code where funds are budgeted: 215865&1 892 0 1-5 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes .Z No 13. Is this contract over $100,0,00? ❑ 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 epartment ad Signature ICNARyD AR'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 HZO 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