Loading...
HomeMy WebLinkAboutGlobal Environmental Network; 2013-04-10; PEM968PEM968 AGREEMENT FOR LEAD INDUSTRIAL HYGIENIST STUDY SERVICES (GLOBAL ENVIRONMENTAL NETWORK INC.) ^THIS AGREEMENT is made and entered into as of the day of /v/i/^// , 2013, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GLOBAL ENVIRONMENTAL NETWORK, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a lead industrial hygienist that is experienced in California OSHA PEL'S, HUD clearance, and airquality sampling criteria for lead. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that all defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of 30 days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand six hundred eighty six dollars ($2,686). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination ofthis Agreement. City Attorney Approved Version 1/30/13 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Besfs Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carlsbad Confiict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment wili be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 1/30/13 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement CONTRACTOR GLOBAL ENVIRONMENTAL NETWORK, INC., a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) (print name/title) / Gity Managpr nr.Mayor f=»r Director David Hauser, Director Property & Environmental Management (sign here) (print name/title) ' If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Assistant City Attorney\ City Attorney Approved Version 1/30/13 ACKNOWLEDGMENT State of California County of ORANGE ) On 03>- ^ '^/3 before me, JAVIER A.MENESES "NOTARY PUBLIC" (insert name and title of the officer) IAJUII^ fhrA,cJ^ personally appeared. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Daraaraoh is true and correct. /^^S^ JAVIER A. MENESES [ --^•^^m Commission # 1916869 t WITNESS my hand and official seal. z^^^^l P"''"*^" California Orange County 5 My Comm. Expires Jan 9, 20151 Signature V y i/-i^v^^^ (Seal) CERTIFICATE OF CORPORATE RESOLUTION AUTHORIZING EMPOWERING ITS OFFICER(S) TO BIND THE COROPORATION I, Drake M. Muat, President of Global Environmental Network, Inc., organized and existing under the laws of State of Califomia and having its principal place of business at 106 West 4^' Street. Santa Ana CA. 92701. hereby certify that the following is a true copy of a resolution adopted by the Board of Directors ofthe Corporation at a meeting convened and held on March 3. 2013 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions ofthe charter and by-laws of the Coiporation. RESOLVED: That the Corporate officers noted below are hereby authorized to sign individually or collectively as required on behalf of the Corporation any contracts or forms required by the CityofCarlsbad, CA; RESOLVED FURTHER: That the Corporate officers are hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions ofthe charter and by-laws of the Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. 3/12/2013 Date 3/12/2013 Vice President, Michael W. Horner Date 3/12/2013 Secretary, Michael W. Horner 3/12/2013 Treasurer, Michael W. Horner Date Witness my hand seal of this coiporation on this 12* day of March, 2013. GLOBAL ENVIRONMENTAL NETWORK, INC. ENVIRONMENTAL, SAFETY, HEALTH, & CONSTRUCTION ENGINEERING A Certified CA SBE/DVBE # 24765 • Ucense No. 878478-A/'Haz • wvnv.SafetyGENIcom • GENI{a>SufetyGENI.com P.O. Box 8068 Fountain Valley, CA 92728 • Phone: 714-479-1199 • Fax: 714-479-0809 Santa Ana, CA I Oakland, CA | Guam/Marianas Exhibit "A" PROPOSAL NO. 11076 PAGE 1 OF 2 PLEASE REFERENCE THE ABOVE NUMBER IN ALL CORRESPONDENCE CONCERNING THIS PROPOSAL. February 11, 2013 Jason Kennedy City of Carlsbad 5750 Orion Street Carlsbad, CA 92010 Phone: (760) 931-2236 Fax: (760) 804-1583 Dear Jason: In response to your request, Global Environmental Network, Inc. (SafetyGENI™) is pleased to submit this proposal to conduct a Lead Industrial Hygienist Study at your Shooting Range in Carlsbad. Our rates for the specific study requested are detailed in the table below. Industrial Hygienist Lead Study for Shooting Range Scope of Work Collect a total of seven full-shift personal air samples for lead by OSHA Method ID-125G. Persons sampled will include five police officers, one maintenance person and one Range Master. Collect three full-shift area air samples for lead by OSHA Method ID-125G in the pistol range while in use for pistol qualifications. Collect up to seven surface wipe samples for lead on horizontal surfaces before and after completion of pistol and rifle range qualification use. Submit field blanks for quality control purposes. All samples collected and quality control blanks will be fonA/arded under Chain-of- Custody to laboratory. Prepare written report to describe findings, conclusions, and recommendation where necessary. Results of air sampling will be evaluated against applicable California OSHA PEL'S and HUD clearance criteria for lead. Travel Total: $2,686.00 Additional Surface Wipe Sampling' $25 per Sample "Location of Surface Wipe samples must be at same address. GLOBAL ENVIRONMENTAL NETWORK, INC. ENVIRONMENTAL. SAFETY. HEALTH. & CONSTRUCTION ENGINEERING A Certified CA SBE/DVBE # 2-1765 • License No. 878478-A7Haz • wwvX'.SafetyGENIcom • GENkStSafetyGENI.coir) RO. Box 8068 Fountain Valley, CA 92728»Phone: 714-479-1199 > Fax: 714-479-0809 Santa Ana, CA | Oakland, CA | Guam/Marianas The total cost ofthe IH study will not exceed the amount shown above unless the scope of work is increased. If additional work is needed please reference attached schedule of fees and charges for consulting. As a valued customer we are offering you an additional 10% off the attached 'Schedule of Charges'. Please accept this proposal by signing below and faxing it back to us at 714-479-0809. If you have a preference for particular dates or times, please indicate them below. We will confirm the scheduling as soon as feasible. Please note: We cannot confirm the date(s) or schedule any consulting Without a signature on this documentation. Please fax and return this form to Attention: Training Dept. Please call our office at (714) 479-1199 if you have any questions or need additional information. Accepted for City of Carlsbad by: Sincerely, Authorized Official & Title Authorized Signature & Date Business Development Manager Elaine Martin Purchase Order Number SAFETY COURSES OFFERED BY SafetyGENPM Crane Training ceo Written Exams CCO Practical Exams Traffic Controt Coning & Flagging Awareness Safety Orientation for Construction Scaffold Safety Awareness Fall Protection Awareness Trench Safety Competent Person AwarciKss Trench Rescue Confined Space Confined Space Rescue Uffoan Search & Rescue Respirator Training & Fit Testing CPR & First Aid Crane Operator Awareness ForkliA Training Awareness Aerial Lift Awareness Hearing Conservation Training DOTHM 126F/181 Awareness Emergency Response Awareness / Refreslier Operational Technician Specialist HAZWOPER AwaretKSS / Refresher Supervisor Waste Site Worker Household Hazardous Waste Asbestos Training Lead Training Hr .<!WPPP Tminino GLOBAL ENVIRONMENTAL NETWORK, INC. ENVIRONMENTAL, SAFETY & CONSTRUCTION ENGINEERING SERVICES Box 8068, Fountain Valley, CA. 92728-8068 8390 Capwell Drive, Oakland, CA 94621 v/yyw.Mv-PVBE.com License No. 878478 - A / Haz Phone; 714-479-1199 email: GENI@SafetvGeni.com Fax: 714-479-0809 Civil Engineer/Industrial Hygiene / Geologist / Biologist Schedule of Charges Professional Fees Professional Civil Engineer (PE) $ 150.00/hr Certified Industrial Hygienist (CIH) $ 140.00/hi- Registered Geologist (RG) $ 140.00/hr Qualified Senior Biologist $ 125.00/hi- Qualified SWPPP Developer (QSD) $ 135.00/hr Qualified SWPPP Practitioner (QSP) $ 87.50/hi- Drafting (CAD) $ 92.50/hr Site Safety Officer $ 92.50/hr Industrial Hygiene/Environmental Field Technician $ 87.50/hr Plan Writing (EH&S) $ 87.50/hr Clerical $ 45.00/hr Notes: Hourly rates include routine incidental phone, fax, and costs of office supplies. Field services Portal to Portal rates to be negotiated with customer. Minimum daily field service rate is TBD unless otherwise agreed upon in writing. Eqttipment & Material Charges IH Sampling Pumps 4-gas or Combustible Gas Monitor Photoionization Detector Noise Dosimeter or Sound Level Meter Indoor Air Quality Monitor Moisture Meter Other Instruments Membrane Filter Cassettes or Charcoal Tubes Other Sampling Media Other Charges Outside Laboratory Analysis Postage, Shipping and Delivery Other Expenses Mileage * Invoice cost +15% or $50.00 which ever is greater $ 35,00/day $ 80.00/day $ 80.00/day $ 80.00/day $ 80.00/day $ 35.00/day * Invoiced cost+ 15% $ 7.50/each *Invoiced cost+ 15% *Invoiced cost +15% *Invoiced cost +15% *Invoiced cost + 15% $ 0.55/mile Prices: Global Environmental Network, Inc. strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control. Prices Schedule for N&S. Calif, 2011R2 Last Updated 05-18-2011