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17-026 Envirocom, Limited Asbestos and Lead-in-Paint Inspection at City Hall'CITY OF a CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino , CA 95014 408-777-3200 THIS AGREEMENT, made and entered into this 16th day of February is by and between the CITY OF CUPERTINO (hereinafter "CITY") and ENVIROCOM, P.O. Box 28310, San Jose, CA 95159, Phone: (408) 894-9062, Email: 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: Limited Asbestos and Lead-in-Paint Inspection in connection with the City Hall I.T. Tenant Improvement Project. ~ Check box if services are further described in an Exhibit. ~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on February 21, 2017 and shall be completed no later than March 31, 2017. COMPENSATION : For the full performance of this Agreement , CITY shall pay CONTRACTOR: $2,459. 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. P age 1 o f 3 Short Form Agreem ent 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: (4) 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 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 Page2of3 Short Form Agreement Agreement is an officer or employee of City. City shall have no right of control as to the manner 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 CO-ORDINATOR 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 Agre,_rn ent the da and year first written above . CONSU '// ,/ < By~l:-7"----+---r"-----,.,,....,_----7"~-;r-----,,,,_ __ T itle -+-'"---'"'~:..--.-=-:,,.-;z:--'--------- APPROVALS Page 3 o f3 Short Form A greement EXPENDITURE DISTRIBUTION tn-3 3 ~ !lo 7 -9 (IJ) -9~o .. February 16, 2017 Proposal 17-007.03 Mr. Alex Acenas Project Manager Public Works Dept. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 EXHIBIT A ENJ/JRQCOM Subject: Proposal for Limited Asbestos and Lead-In-Paint Inspection, City Hall 10300 Torre Avenue, Cupertino, California Dear Mr. Acenas: Envirocom is pleased to present this proposal for limited asbestos and lead-in-paint inspection/survey at the subject locations, hereafter, referred to as Site. Envirocom understands that two offices will be renovated 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 areas of concern. 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. P .O. Box 28310 San Jose, CA 95159 Phone(408)894-9062 Fax (408) 894-9063 Mr . Alex Acenas Envirocom . Proposal for Limited Asbestos and Lead-In-Paint Inspection 10300 Torre Avenue, Cupertino , California Page2 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 6 paint samples will be collected to be analyzed for lead. Task 3 -Laboratory Analysis/Testing The samples will be submitted to EM Lab of South San Francisco, California an independent 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 $2,459.00. 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 this project on February 21, 2017, and have the report prepared by February 24, 2017. 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. Mr. Alex Acenas Proposal for Limited Asbestos and Lead-In-Paint Inspection 10300 Torre Avenue, Cupertino , California Envirocom . Page3 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, Envirocom / / f;!:/;'l v~ Mitch Hajiaghai, REA II, CPESC, QSD Certified Asbestos and Lead Consultant Enclosures: Table I, Cost Estimate Fee Schedule 2017 Terms and Conditions Acceptance of Proposal Task N° TABLE I COST ESTIMATE Asbestos and Lead-In-Paint Inspection 10300 Torre Avenue, Cupertino, California 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 6 hr $480.00 -Bulk Sample Testing $25/sample 20 sample $500.00 Using PLM Method -Paint Sample Analysis $35/sample 6 sample $210.00 -Truck/Mileage To Site and Laboratory $.59/mile 100 mile $59.00 • Prepare and Submit Report -Certified Asbestos Consultant $110/hr 6 hr $660.00 Cost For Task 1-4 $2,459.00 STANDARD FEE SCHEDULE PHASE I, II, Ill ENVIRONMENTAL SITE ASSESSMENT PROFESSIONAL PERSONNEL PROFESSIONAL PERSONNEL 2017 1. Principal Technical Staff (Engineer/Geologist/Scientist) 2. Project Manager 3. Senior Technical Staff (Engineer/Geologist/Scientist) 4. Project Associate 4. (Certified Asbestos & Lead Consultant) 5. Technical Staff (Field Engineer/Scientist/ Geologist) 6. Expert Witness and Litigation (4 Hours Minimum Charge) TECHNICAL PERSONNEL 1. Field Technicians (4 hours Minimum Charge) 2. Technic~J Editor 3 . Drafting , CAD, Database Programmers MISCELLANEOUS SERVICES 1. Travel Time 2. Direct Expenses Auto Mileage Per Diem 3. Administrative Staff 4 . Additional Report Reproduction and submittal $175.00/hr $150.00/hr $140.00/hr $125.00/hr $110 .00/hr $99.00/hr $250.00/hr $80.00/hr $70.00/hr $75.00/hr Same as Above $0.59/mile or $70/day $200.00/day $59.00/hr $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 CONSUL TING AND INDUSTRIAL HYGIEN SERVICES 2017 PERSONNEL RATES 1 . Certified Industrial Hygienist 2. Certified Asbestos Consultant 3. Certified Lead Inspector/Assessor & Monitor 4. Certified Radon Measurement Specialist 5. Site Surveillance Technician/Field Technician 6. Drafting 7. Administrative Staff $150.00/hr $110.00/hr $110.00/hr $110.00/hr $80.00/hr $75.00/hr $59.00/hr ANALYTICAL RATES FOR ASBESTOS (48 HOURS TURNAROUND) 1. Sample Analysis by Polarized Light Microscopy (PLM) 2. Sample Analysis by 1000 Point Count 3. Sample Analysis by Gravimetric Point Count 4. Air Sample Analysis by Phase Contrast Micoscopy (PCM) $25.00/sample $100.00/sample $165.00/sample $25.00/sample $200.00/sample 5. Air Sample Analysis by Transmission Electron Microscopy (TEM) AHERA ANALYTICAL RATES FOR LEAD-IN-PAINT (48 HOURS TURNAROUND) 1. Paint Sample Analysis by FAA 2. Air Sample Analysis by FAA FIELD EQUIPMENT 1. Travel Time 2. Auto Mileage 3. Per Diem 4. Air Sampling Pump 5. Miscellaneous Items (Cassettes , PPE, etc.) $35.00/sample $35.00/sample Same as Above $0.59/mile or $70/day $200 .00/day $20.00/day $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 .