HomeMy WebLinkAboutLEAD-TECH ENVIRONMENTAL, INC.- 2006
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INSURANCE NOT ON FILE
WORK MAY llilI. PROCEED
CLERK OF COUNCIL
DATE: 6-2/-{)bTHIS AUREEMENT made and entered into this 15th day of May, 2006 by and between
Lead-Tech Environmental, Inc., a California corporation (hereinafter "Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
N-2006-049
CONSULTANT AGREEMENT
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
Phase I Environmental Site Assessment, lead survey sampling and asbestus survey
sampling.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Cunsultant represents that it is
knowledgeable in its field and that any services performed by Consultant wlder this
Agreement will be perfOlTIled in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mntnal and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those scrviccs as sct forth in Exhibit A to this Agreement.
2. COMPRNSA nON
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expcndcd undcr this
Agreement shall not excccd $10,000.00 during the term of this Agreement.
h. Payment by City shall be made within thirty (30) days lollowing receipt of proper
invoice evitlencing work perlormed, subject to City accounting procetlures. Payment need not
be made for work which fails to meet the standards of performance set forth in thc Rccitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2007, unless tenllinated earlier in accordance with Scction 12, below. The term of this
Agreement may bc cxtcndcd upon a writing executed hy the Execntive Director of the
Community Dcvelopment Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agrccment, be construed to he an
independent contractor and not an employcc of the City. This Agreement is not intended nor
shall it be construed to creatc an cmployer-employee relationship, ajoint venture relationship, or
to allow thc City to cxercise discretion or control over the professional manner in which
Consultant performs the services which are the subject malter of this Agreement; however, the
,ervices to be provitled by Consultant shall he provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall bc rcsponsibIe for all applicahle withholding taxes.
5. INSURANCE
Prior to nndertaking performance of work undcr this Agrcement, Consultant shaH
maintain and shall require its subcontractors, if any, to ohtain and maintain insurance as
dcscribcd below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employccs, agents, volunteers and
rcpresentatives as additional insured(s) and shaH includc, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resnlting from any act or occurrence arising out of Consultant's operations in the
perfonnance of this Agreement, including, without limitation, acts involving vehicles. The
amounts or insurance shall be not less than the following: single limit coverage applying to
bodily and pcrsonal injury, ineluding death resulting therefrom, and property damagc, in the total
amount ofS I ,000,000 per occurrcncc. Consultant shall supply City with a fully executed
additional insurcd endorsement in suhstantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approvetl in lornl by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per oceurrencc. Such insurancc shall inelude coverage for
owned, hircd and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agrccmcnt, Consultant agrees to obtain and maintain any
employcr's liability insurance with limits not Ie" than 51,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professionalliahility (e!Tors and omissions) insurance, with a combined singlc limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effcct for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policics shall not he canceled
or reduced in coverage or changcd in any other material aspect without
thirty (30) days prior written notice to the City.
f. 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 insurancc has bccn procured
and is 1Illorce and paid for, the City shall have the right, at thc City's election, to forthwith
tell11inate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials cxpended prior to notification ofterminalion. Consultant waives the right to
rcceive compensation and agrees to indemnify the City for any work perfoll11ed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consnltants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitahle relief arising out of claims
for personal injmy, ineluding health, and claims for property damagc, which may arisc from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employccs, or othcr pcrsons acting on their hehalfwhich relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, tlamages,just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable rclicf suffcrcd, or allegetl to
have been suffered, by reason ofthc events referred to in this Section or hy reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnifY, hold
harmless, and pay all costs for the defense orthe City, ineluding fees anti costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compcnsation, restitution,
judicial or equitable relief due to pcrsonal or property rights arises hy reason of the terms of, or
effccts arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant rcceives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such iuformation except in the performance of this Agreement,
and fUl1her agrees to exercise the same degree of care it uses to protect its own information of
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like importance, hut in no event less than reasonable care. "Confidential Information" shall
include all nonpublic intollnation. Confidential information includes not only written
information, but also infollllation transferred orally, visually, electronical1y, or hy other means.
Confidential information diselosed to cithcr party by any suhsidiary and/or agent of the other
party is covered by this Agrccmcnt. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fanlt of the Consultant disclosed in a publiely available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to bc
diselosed by operation of law; or ( e) is independently developcd by the Consultant without
reference to information diselosed by thc City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have intcrcsts, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first elass or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic commnnication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director or Comlllunity Development
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 6476549
and
City AttolTIey
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimi1e (714) 647-6515
4
To Consultant:
Lead- Tech Environmental, Inc.
605 S. Pacilic Avenue, Ste. 202
San Pedro, California 90731
Telefacsimile (310) 831-2465
Attn: Stcvc Denzler, President
A party may change its address by giving notice in wliting to the other party. Thereafter,
any notice, tender, demantl, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivcry, or other
communication shall be effective or deemed to havc bccn given three (3) days after it has been
deposited in the United Statcs mail, duly registered or certified, with postage prepaid, and
addressed as sct forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time setlorth on the transmission report issued by the transmitting facsimilc machine,
addressed as set forth above. for purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exelusivc statcmcnt between the City and
Consultant, and supersedes any and all othcr agreements, oral or written, hetween the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by wlitten
instrument signed by the CIty and by an authorized representative of Consultant. The parties
agree lhat any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agrccmcnt acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
hehalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agrccment
shall be construed to limit the City's ability to havc any of the services which are the suhject to
this Agreement pcrformcd by City personnel or hy other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
temlination. In such cvcnt, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to rcceipt of such notice of ternlination,
subject to the following conditions:
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a. As a condition of such payment, the Executi ve Director may require Consultant to deliver
to the City all work protluct completed as of such date, and in such case such work product shall bc
the property of the City unless prohibited by law, and Consultant consents to thc City's use thereof
lor such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of perfonnance
specificd in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, scxual orientation, age, national origin, ancestry, or disability, as delined and prohibited
by applicahle law, in the recruitment, selection. training, utilization, promotion, ten11ination or
other employment related activities. Consultant affinns that it is an equal opportunity employcr
and shall comply with all applicable federal, state and local laws and rcgulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with thc laws of the State of
California. This Agreement has been cxccutcd and delivered in the Stare of California and the
validity, intcrprctation, performance, and enforcement of any of the clauses of this Agreement
shall he determined and governed by the laws of the State of California. Both parties ftllther
agree that Orange County, California, shall be the venue for any action or proceeding that may
be hrought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits. approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all othcr govcrnmcntal agcncics. Consultant shall notify the City
immediately and in writing of her inahility to ohtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause lor termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. 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, ineluding reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, hcld by thc signatory or is withdrawn.
b. All exhihits referenced herein and attachetl hereto shall be incorporated as if tully set
forth in the body ofthis Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
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PATRICIA E. HEALY
Clerk ofthe Council
DA VlD N. REAM
City Managcr
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorncy
By c~c [ :?R;~~
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
..M':.A'f
'0' Executive Dire or of the
Community Development Agency
Steve Harding
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J;',VHIBr- A
R\./
I LEAD IIDII
ENVIRONMENTAL
May 19, 2006
Attn: Mr. Terry Gilbreth
City of Santa Ana
20 Civic Center Plaza, M37
Santa Ana, CA 92702
RE: Contract's Renewal
This is to inform you tlutt A VP Consulting Engineers, Inc. has merged into Lead-Tech
Environmental, Tnc. effective from May 17, 2006.
A VP however will retain its present office as a branch office of Lcad- Tech Environmental
Inc. All work will be performed at Lead-Tech Headquarters locatcd at the following
location:
605 S, Pacific Avenue, Suite 202
San Pedro, CA 90731
Phonc: 310-83 1-2479
Fax: 310-831-2465
Email: Tallus500(G)ao1.com
Contact: Steve Denzler, President
Attached is a list of our new rates and copies of the certificates Arabela Saldivar
requested.
Please mail the new contract under the name of Lead-Tech Environmental, Inc. to the
above listed address.
Please call mc at 714-527-0614 or at 310-831-2479 if you need any further information.
Sincerely,
c~~.
Lead-Tech Environmental, Inc.
Rom Chopra, AlA, REA, ACA
Director of Business Development
'0
o
605 S. PACIFIC AVE, STE 202, SAN PEDRO, CA 90731. PH: (310) 831-2479 FAX (310) 831-2465
EXHIBIT A
ATTACHMENT A - Cont:
Fee proposal for various types of properties located in the City of Santa Ana, CA
Phase 1 Site Assessment
Vacant Lot ...................................................................................... ............. .............. $1,495
Single family residence (up-to 2000 sq. ft.) ............................................ ................. $1,590
Single family residence (2001 to 3000 sq. ft.)............................................................. $1,860
Multi-family units (2 to 4 units) .................................................................... $1,990
Multi-family units (5 to 8 units) ..... .. ....... ............................................... $2,800
Asbestos Survev. Sam olin!! and Reoort
Single family residence (Up-to 2000 sq. ft.) .............................................. ............... .... $530
Single fumily residence (2001 to 3000 sq. ft.).................................................................. $690
Multi-family units (2 unit,) .... ........... ............... ......................................................... $870
Multi-family units (3 to 4 units) ....................... .............. ... ................... $950
Multi-family units (5 to 8 units) .............................. ..................... .................... ........ $1,790
Lead-Based Paint Survey. Samolin!! and Report
Single family residence (Up-to 2000 sq. ft.). . ............................................................ $440
Siogle family residence (2001 to 3000 sq. ft.)........... ......................... ............. $540
Multi-family units (2 units) ............................. .... ....... ................................. $870
Multi-family units (3 to 4 units) ...................................................................................... $950
Multi-family units (5 to 8 units) . .......................................................... $1,790
Lead-Tech Environmental will prefer the City to issue a minimum oftwo properties at a time
for assessment if possible. This will help expedite the completion of the projects. In addition
for asbestos ,urvey the following rates will apply:
LABORATORY SERVICES
3To5 24 to 48 Rush
Day Hr. Turn- Turn-
ANALYSIS/METHOD Turn- around arowld
around
Asbestos - Bulk Sample / Polarized Light Microscopy $10.00 $14.50 $21.00
(PLM)
Asbestos - Bulk Sample I Transmission Electron $ 60.00 $80.00 $95.00
Mi )py ~.^ 12Hrs.
croseo . t l~VLJ
Asbestos. Air Sample / Phase Contrast Microscopy (pCM) $10.00 $14.00 $19.00
Asbestos - Air Samole / TEM AHERA $ 45.00 $65.00 $80.00
Lead Wipes, Air, Soil, Waste Water Samples $10 $16 $36
EPA 1000 Point Count/Gravimetric $SS $75 $85
MOLD Air & Bulk Sample $38 $48 $58
Lead. Tel:h Environmental
May 15,2006
Page 2 OF2
EXHIBIT A
State of Califomia
Division of Occupational Safety and Health
Certified Asbestos Consultant
Romesh K Chopra
Nam~
C rt'f' " N 03--3492
e I Icauon o.
01/15107
Expires on
Thiscertifica~onw~s issuO'l1by 1118 DMsionof
Occu.oa~onal Safely ~nd Hea"h a~ authorized by
Sec~on5 7100 et seq. or the Business and
ProIessionsCOOe
EXHIBIT A
05/19/2006 10:02
3108312455
LEADTECH
PAGE 01/09
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State of California Depill~nt of Health ServtCe3
L.,~..ft.~t@d Certificate EIoiratioo
Coos.nation ~ ~
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:.,;; ,.'. $.0 " 1.. L !
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EXHIBIT A
.05/19/2006 10:02 3108312465
LEAD TECH
PAGE 07/09
STATE OF CALIFORNIA
OEPARTMEN'f OF INDUSTRIAL RElATIONS
DMSION OF OCCUPATIONAL SAFETY AND HEALTH
ASBESTOS CONSULTANT and TRAINER APPROVAL UNIT
2211 Part< Town" C/roI&, SuII& 1
~rrto, CA !I5ll25
Tat (Bl6) S7+2ll93 FlIlC (91 a) 483-0572
NJlVh,I ~1"'ctfU01IIVWWl1 \;J...........,^""
@
306303422T
256
June 09, 2005
Alvaro Reyes
2525 Crestllne ierrace
Alhambra
CA 91803
Dear Certified Asbestos Consultant or Techl'liclfm:
Enclosed is your certltlcatJon card. To maIntaIn your certification, please abIde
by th~ rules printed on the back of the cer1fficatfOtl card.
Your certification is valid for a period of one year. If you wish to renew your
certification. you must apply for reI18Wl;l1 at least 60 daytJ ~ the expiration date
shown on yourcard.{8 CCR 341.15(h)(1)I.
Please hold and do not send copies of your required AHERA re1Tesher renewal
certificates to ~ Division until you apply for renewal of your certification,
Please inform the DMsion of any chaoges in your mailing address or work address
within 15 days. .
smt:sl'llJly,
&k>df#
Rick Axe
Senior Industrial Hygienist
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ce:FIte
Divlsl Slate of California
on at Occupational Safety and Health 'i.
Cortltlecl SII. Surv""ance ~ h '
,ec ofcrS,ll
Ai varo Reyes
..... ./
Oerlitlcation /110.03-3422
, E~Pir"" On 07/31/200(j
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~Iment: Certificatlon Card
EXHIBII A,,,,
05J19/2005 10:02
3108312455
LFADTECI-l
PAGE 03/09
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State of California Dep~rtment of Health Services
Lead-Related Certificate: Exolrahon
Gonstruction ~ Q!!t
Certificate
I~ Assessor
~ecIMonilor'
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PAGE 02/69
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EXHiBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This cndorscmcnt modifies such insurance as is afforded by the provisions of Policy
# relating to the lollowing:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, voluntccrs and representatives are named as additional insureds
("additional insureds") with regard to liahility and defense of suits arising lrom the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uscs pcrformed by or on
behalf of the named insured, such insurancc as is afforded by this policy is primary and is not
additional to or contributing with any other insnrance carried by or for the benefit ofthe
additional insureds.
3. This insurance applies separately to each insured against whom claim is madc or
suit is brought except with respect to the company's limits ofliability. Thc inelusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant ifnot so included.
4. With respect to the additional insureds, this insurance sha1l not be cancc1lcd, or
materia1ly reduced in coverage or limits except aftcr thirty (30) days written notice has heen
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
elJective.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
g
Mitre-Ramirez, Norma
From:
Sent:
To:
Cc:
Subject:
Mitre-Ramirez, Norma
Monday. June 19. 2006 5:28 PM
Storck, Lisa
Gilbreth, Terry
Lead-Tech Environmental, Inc. Agreement
Hello Lisa,
FYI:
As you know, Terry G. of CDNHousing has submitted the above-mentioned agrmt. with an agrmt. date of 05/15/06 -
06/30107 and an amount not to exceed 10K. The exhibit attached to the agrmt. indicates that AVP Counsulting Engineers,
Inc. has merged into Lead Tech. Since, there is currently an agreement with AVP (N-2004-116-01) with an agreement
date of 06/30105 to 06/30106 and an amount not to exceed 10K, I would be unable to process.
However, after speaking with Terry, he Will submit an Agreement Termination sheet for N-2004-116-01 thus, allowing me
to process the agrmt. with Lead-Tech.
Please let me know if you have any questions.
Thank you,
Norma Mitre-R.
1