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15-057 Envirocom for Asbestos and lead paint inspection/survey at Simms House CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014G CUPERTINO 408-777-3200 NO. ��, a b THIS AGREEMENT, made and entered into this 3rd day of June 2015 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Envirocom, Attn: Mitch Haiiaghai; 800 Charcot Ave., Ste. 114, San Jose, CA 95131, mitch&enviro-com.net (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Asbestos and lead-in-paint inspection/survey at the Simms House (22241 McClellan Rd). Check box if services are further described in an Exhibit.❑ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit 1 — Envirocom proposal dated June 2, 2105. TERM: The services and/or materials furnished under this Agreement shall commence on June 4, 2015 and shall be completed no later than September 30, 2015. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $ 2,516 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement , shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Pagel of 3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate- all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance.to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Page 2 of 3 Short Form Agreement Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Alex Acenas, Project Manager DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreem t the day and y ar first written above. CONT T R: CITY OF CUPERTINO: By f / 3�S By 3 / Title Alex nas, Public Works Project Manager APPROVALS EXPENDITURE DISTRIBUTION DEPARTME T HE DATE b 3 . 100-82-806-700-702 $2,516 CIT OR APP VED A&TO F-0, DATE CITY CLERK: A DATE lY �l UA- Page 3 of 3 Short Form Agreement Exhibit 1 E Y 17, OCi O/H June 2, 2015 Proposal 15-007.01 Mr. Alex Acenas Project Manager Public Works Dept. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Proposal for Asbestos and Lead-In-Paint Inspection, 22241 McClellan Road, Cupertino, California Dear Mr. Acenas: Envirocom is pleased to present this proposal for asbestos and lead-in-paint inspection/survey at the subject locations, hereafter, referred to as Site. Envirocom understands that a residential structure(s) will be demolished at the Site in the near future. The survey/inspection will include the following tasks: Task 1 — Prefield Activities Envirocom's inspector will coordinate Site inspections with the client to get access to all structures. Envirocom will obtain floor plans from the client for the Site or prepare one at the Site, and prepare all necessary field equipment and material. Task 2 — Facility Inspection & Environmental Sampling The inspection will be performed by a California-certified asbestos consultant (CAC) and California Department of Public Health (CDPH) certified lead inspector/assessor. Envirocom will perform a walk through to identify homogeneous materials, collect samples of suspect asbestos-containing material (ACM), and paint on major surfaces or/and deteriorated paint. 800 Charcot Ave., Suite 114 San Jose,CA 95131 Phone(408)894-9062 Fax (408)894-9063 Mr.Alex Acenas Envirocom. Proposal for Asbestos and Lead-In-Paint Inspection Page 2 22241 McClellan Road,Cupertino,California Envirocom will take the samples to State/National-certified laboratories for chemical analysis and laboratory testing. Envirocom anticipates collecting up to 20 bulk samples at the Site to be tested for asbestos, and 10 paint samples will be collected to be analyzed for lead. Task 3 — Laboratory Analysis/Testing The samples will be submitted to EM Lab of San Bruno, California an laboratory that participates in the bulk sample proficiency analysis program conducted by EPA and is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), and State of California. The bulk samples will be tested using EPA's Polarized Light Microscopy (PLM) method. The paint samples will be analyzed using Atomic Absorption Spectrometry (AAS). Task 4 — Report preparation and Submittal Envirocom will prepare a report summarizing the field observations, laboratory test results, and quantity of the ACM as well as condition of painted surfaces at the Site. Additionally, Envirocom will present recommendations for properly abating the identified ACMs as well as lead-related hazards. Envirocom will submit one copy of the report to the client. COST ESTIMATE Envirocom's cost estimate for the work described in Task 1-4 is $2,516.00. Detail cost is presented in Table I. If additional sampling is warranted during the inspection, Envirocom will only charge the client per unit cost for the additional samples only ($25/sample for asbestos & $35/sample for lead). If fewer samples will be collected during the inspection, the client will be charged only for the number of samples collected at the Site. SCHEDULE Envirocom is ready to start these projects within 48 hours notification_ of the client to proceed. The report will be completed within 3-5 working days, after the inspection. Mr.Alex Acenas Envirocorn, Proposal for Asbestos and Lead-In-Paint Inspection Page 3 22241 McClellan Road,Cupertino,California To authorize starting the work please complete and sign the enclosed Acceptance of Proposal Form and email, or fax a copy to our office at 408-894-9063. Envirocom appreciates the opportunity submitting this proposal for your review, and look forward serving you on this project. Please feel welcome to call me if you have questions. Very Truly Yours, Envi aCorn Mitch Hajlaghai,s'CPE./C, QSD Certified Asbestos and Lead Consultant Enclosures: Table 1, Cost Estimate Fee Schedule 2015 Terms and Conditions Acceptance of Proposal TABLE COST ESTIMATE Asbestos and Lead-In-Paint Inspection 22241 McClellan Road, Cupertino, California Task N° Description Unit Cost Quantity Cost 1-4 - Asbestos and Lead-In- Paint Inspection and Reporting - Certified Asbestos Consultant/Lead Inspector $110/hr 5 hr $550.00 - Field Technician $80/hr 5 hr $400.00 - Bulk Sample Testing $25/sample 20 sample $500.00 Using PLM Method - Paint Sample Analysis $35/sample 10 sample $350.00 - Truck/Mileage To Site and Laboratory $.56/mile 100 mile $56.00 • Prepare and Submit Report - Certified Asbestos Consultant $110/hr 6 hr $660.00 Cost For Task 1-4 $2,516.00 STANDARD FEE SCHEDULE PHASE I, II, III ENVIRONMENTAL SITE ASSESSMENT 2015 PROFESSIONAL PERSONNEL PROFESSIONAL PERSONNEL 1. Principal Technical Staff (Engineer/Geologist/Scientist) $165.00/hr 2. Project Manager $145.00/hr 3. Senior Technical Staff (Engineer/Geologist/Scientist) $135.00/hr 4. (Certified Asbestos & Lead Consultant) $110.00/hr 5. Technical Staff (Field Engineer/Scientist/Geologist) $99.00/hr 6. Expert Witness and Litigation (4 Hours Minimum Charge) $250.00/hr TECHNICAL PERSONNEL 1. Field Technicians (4 hours Minimum Charge) $80.00/hr 2. Technical Editor $70.00/hr 3. Drafting, CAD, Database Programmers $75.00/hr 4. Word Processors $55.00/hr MISCELLANEOUS SERVICES 1. Travel Time Same as Above 2. Direct Expenses Auto Mileage $0.56/mile or$70/day Per Diem $150.00/day 3. Administrative Staff $55.00/hr 4. Additional Report Reproduction and submittal $80/each NOTES: (1) Unless otherwise paid directly by client, agency fees will be charged cost+ 15%, (2) Rented equipments will be charged cost+ 15% ASBESTOS AND LEAD CONSULTING AND INDUSTRIAL HYGIEN SERVICES 2015 PERSONNEL RATES 1. Certified Industrial Hygienist $150.00/hr 2. Certified Asbestos Consultant $110.00/hr 3. Certified Lead Inspector/Assessor & Monitor $110.00/hr 4. Certified Radon Measurement Specialist $110.00/hr 5. Site Surveillance Technician/Field Technician $80.00/hr 6. Drafting $75.00/hr 7. Administrative Staff $55.00/hr ANALYTICAL RATES FOR ASBESTOS (48 HOURS TURNAROUND) 1. Sample Analysis by Polarized Light Microscopy (PLM) $25.00/sample 2. Sample Analysis by 1000 Point Count $100.00/sample 3. Sample Analysis by Gravimetric Point Count $165.00/sample 4. Air Sample Analysis by Phase Contrast Micoscopy (PCM) $25.00/sample 5. Air Sample Analysis by Transmission Electron Microscopy $200.00/sample (TEM) AHERA ANALYTICAL RATES FOR LEAD-IN-PAINT(48 HOURS TURNAROUND) 1. Paint Sample Analysis by FAA $35.00/sample 2. Air Sample Analysis by FAA $35.00/sample FIELD EQUIPMENT 1. Travel Time Same as Above 2. Auto Mileage $0.56/mile or$70/day 3. Per Diem $150.00/day 4. Air Sampling Pump $20.00/day 5. Miscellaneous Items (Cassettes, PPE, etc.) $50.00/day NOTES: (1) The above personnel rates are for normal weekday working hours. Please add additional 30% surcharge to the personnel rates for emergency calls, weekend and holiday work. (2) Bulk samples containing greater than 3 layers will be charged $15/additional layer for PLM analysis. GENERAL TERMS AND CONDITIONS Warranty Envirocom (Envirocom), provides services consistent with generally accepted professional practices in its field of specialty at the time services are rendered. No other warranty or representation, express or implied, is included or intended as part of Envirocom's services, proposals, agreements, or reports. Time of Performance Envirocom will diligently proceed with the agreed scope of services in a timely manner; however, the time required for completion of services may vary due to conditions unknown to or beyond the control of Envirocom. Envirocom makes no warranties regarding the time of completion of services, and shall not be in default of performance where such performance is prevented or delayed by any cause beyond Envirocom's control. Terms of Payment Invoices will be submitted monthly or with final report, and shall be due and payable upon receipt. Interest at the rate of 2% per month, but not exceeding the maximum rate allowable by law, shall be payable on any unpaid amount after thirty (30) days from receipt of invoice, payment to be applied first to accrued late payment charges and then to the principal unpaid amount. Envirocom may, at its option, withhold delivery of reports and any other data pending receipt of payment for services rendered. If necessary, Envirocom may file suit or other legal actions for collecting any amount that are past due. The client shall agree to pay reasonable legal fees and court costs for such collection. Indemnification Subject to the limitation of liability (above) and the second sentence hereof, each party shall indemnify the other from loss, cost, damage or expense (including attorney's fees), arising out of the negligence of the indemnifying party to the extent that such loss, cost, damage or expense is caused by the negligence of-the indemnitor. In addition, Client agrees to indemnify, defend and hold Envirocom harmless from any loss, cost, damage or expense (including attorney's fees), arising out of or in connection with Envirocom's work for any environmental pollution or contamination except to the extent such pollution or contamination is caused by the negligence or willful misconduct of Envirocom. Beneficiaries There are no third party beneficiaries of this agreement between Client and Envirocom and no third party shall be entitled to rely upon any work performed or reports prepared by Envirocom hereunder for any purpose. Client shall indemnify and hold Envirocom harmless against any liability to any third party for any loss, expense, or damages arising out of or in connection with reliance by any such third party on any work performed or reports issued by Envirocom hereunder. Samples Envirocom will provide temporary storage of asbestos, lead, soil, rock, groundwater, wastewater, or any other samples needed for analysis up to 30 days; however, Client will remain responsible for long-term storage (if any) and disposal of its samples. Envirocom can assist the client in appropriate storage and disposal arrangements and alternatives by providing the necessary services. Right of Entry Client will arrange for Envirocom's authorized entry to all work areas. Envirocom will operate with reasonable care to minimize damage to property; however, some alteration or damage is result of field activities and related traffic is unavoidable. The cost of repair of such damage is not included in Envirocom's fees unless otherwise stated. Disputes Any controversy, claim or dispute shall be construed and enforced in accordance with the laws of California. In any legal or arbitration proceedings brought by either party to enforce or interpret any of the terms or conditions of the Agreement between client and Envirocom including the collection of any payments due hereunder, the prevailing party shall be entitled to recover all reasonable costs incurred in defense of the claim, including staff time at current billing rates, court costs, attorney's fees, and other claim- related expenses. Other If Envirocom is requested to respond to any mandatory orders for the production of documents or witnesses on Client's behalf regarding work performed by Envirocom, Client agrees to pay all costs incurred by Envirocom not reimbursed by others in responding to such order, including staff time at current billing rates and reproduction expenses. These General Terms and Conditions shall be used in combination with a proposal, professional Services Agreement, purchase order or other contract document(s); the combined documents shall be the entire Agreement and shall supersede any other agreements, written or oral, between Client and Envirocom relating to such matter. In case of conflict or inconsistency between these General Terms and Conditions and any other contract documents (except payment provisions), these General Terms and Conditions shall control. If any provisions of the separate or combined documents is or becomes legally unenforceable, the document(s) shall remain in effect to the extent permitted by law. The terms and conditions of this document shall be null and void at Envirocom's option where the Client fails to sign and return the entire Agreement to Envirocom within thirty (30) days of the date hereof.