HomeMy WebLinkAboutNinyo and Moore; 2014-10-02; PEM1130PEM1130
AGREEMENT FOR HAZARDOUS MATERIALS TESTING SERVICES
NINYO & MOORE
made and entered into as of ttie ^^gy
by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NINYO & MOORE, a California corporation, ("Contractor").
RECITALS
City requires the professional services of a Hazardous Materials Surveyor that is
experienced in asbestos and lead testing. 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 OFWORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are 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 one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand eight hundred
seventy seven dollars ($3,877). 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 attorneys
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 ofthis section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 1/30/13
PEM1130
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 ofat
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 Best's Key Rating Guide ofat 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 ofthis 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 Generai Liabiiity
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 ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict 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 seq. 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 will
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
PEM1130
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 term s and conditions of this Agreement.
CONTRACTOR
NINYO & MOORE, a California
corporation
(sign Uer&Y^
yA
(print n^me^title) (print nanie^tit
CITY OF CARLSBAD, a municipal
corporation ofthe State of California
CTty^anagei'c/r Mayor or Director
Jim Howell '
By
(sign here)
^Ickma O' fk4^s. 4^j':3Mni' S'eor^i^
(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 foliowing
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:
CELIAA. BREWER, City Attorney
Assistant City Attorney
City Attorney Approved Version 1/30/13
GeotechriiCtil anci EnwronrnenBl Sciences Consultants
Exhibit "A"
September 10, 2014
Proposal No. P-21619C
Mr. Patrick McGarry
City of Carlsbad
Public Works and Engineering
1635 FaradayAvenue
Carlsbad, California 92008
Subject: Limited Hazardous Materials Testing Services
Cole Library
1250 Carlsbad Village Drive
Carlsbad, California
Dear Mr. McGarry:
In response to your request, Ninyo & Moore is pleased to submit ttiis proposal for supplemental
hazardous materials testing services. Our services will include document review and as-needed
sampling of suspect asbestos-containing material (ACM) and testing of suspect lead-containing
surfaces (LCS) for portions of ttie Cole Library (subject building) located at the 1250 Carlsbad Vil-
lage Drive, in the city of Carlsbad, California. We understand that the subject building is scheduled
for interior renovations.
SCOPE OF SERVICES
Ninyo & Moore's proposed limited hazardous materials testing services will include the items listed
below:
• Review the previously prepared asbestos survey report for the subject building to determine
if all potential suspect ACM have been previously tested.
• Inspect the subject building for the presence or absence of previously identified asbestos-
containing materiais.
• Collect bulk samples of building materials that have been previously evaluated to confirm
the results of the previous survey. A California Division of Occupational Safety and Health
(DOSH) Certified Asbestos Consultant (CAC) will conduct the bulk sampling. At a minimum,
one sample of each type of "miscellaneous" suspect ACM will be collected from each ho-
mogeneous sampling area.
• Suspect ACMs will be analyzed by the U.S. Environmental Protection Agency (EPA) recom-
mended method of Polarized Light Microscopy (PLM). Sample analysis will be conducted by
an independent, sub-contracted laboratory with appropriate certifications.
10 Ruftin Roaci • San Diego, Califoinw 921 23 - Phone (8&8) 576-1000 • Fax (858) 576-9600
San Dieqo • irwne • LosAnqeles • Rancho Cncarnonqa • OaklaiK) • San Francisco • Saov-menio
Lejs Vfeaas • Phoenix » Tocsoo > Prescorr Vaiiev • Denver « El Paso » Honston
1250 Carlsbad Village Drive September 10, 2014
Carlsbad, California Proposal No. P-21619C
The National Emission Standard for Hazardous Air Pollutants (40 California Federal Regu-
lations 61 Subpart M) recommends that material found to contain less than 10% asbestos
by PLM be further analyzed, or "point-counted," in accordance with a subsection of the En-
vironmental Protection Agency-recommended PLM analysis method. We have estimated
that up to 4 point counts will be utilized.
Conduct on-site x-ray fluorescence (XRF) testing, in order to test surfaces suspected to
contain lead in the areas to be renovated. A California Department of Public Health certified
Lead-Related Construction Inspector/Assessor will conduct the testing.
Prepare a limited hazardous materials testing report for the subject building to present our
data and summarize our conclusions and recommendations.
COMPENSATION
Our lump sum fee to provide the hazardous materials testing services for the subject building, as de-
scribed above, is $3,877 (Three Thousand Eight Hundred Seventy-Seven Dollars). The attached
Table 1 presents a breakdown of our lump sum fee. The lump sum fee is based our understanding of
the existing conditions. The fee schedule does not include costs that may arise due to unforeseen or
unfavorable conditions, or for abatement consultations, beyond the services described herein. Our
fees for such services, if prcivided, will be on a time-and-materials basis, in accordance with the con-
tract fee schedule.
ASSUMPTIONS
The conditions listed below will apply to the performance of the scope of service described herein.
• The subject building is currently occupied. Survey activities will be limited to those times
when survey activities will not disturb facility staff.
• Suspect asbestos-containing materials that will be collected during survey activities include
samples of all previously identified suspect materials.
• Collection of bulk samples of suspect ACMs causes damage to the existing materials. Care
will be taken to collect bulk samples of suspect ACMs in low visibility areas or in areas of
prior damage.
• Bulk ACM sample results will be provided within three working days of sample receipt at the
sub-contracted laboratory.
• The survey will be conducted by Ninyo & Moore expressly and solely for the City of Carlsbad
and its assigns. The evaluations, findings, conclusions, and recommendations contained in
1250 Carlsbad Village Drive September 10, 2014
Carlsbad, California Proposal No. P-21619C
the report will represent Ninyo & Moore's professional judgment and opinion. The report will
be based solely on the information gained from observation and analytical results. In the
event any conditions differing from or additional to those described in the report are encoun-
tered at a later time, Ninyo & Moore reserves the right to review such conditions and to
modify, as appropriate, the assessments and conclusions given in the report.
SCHEDULE
If the terms and conditions of this proposal meet with your approval, please forward the appropri-
ate contract documents to initiate project activities. We appreciate the opportunity to submit our
proposal to perform the requested services, and look fonward to the continuation of a successful
relationship with you on City of Carlsbad projects.
Sincerely,
NINYO & MOOJ
Nicolas J. Carpenter j/wood Hays
Project Environmental Scientist Principal Environmental Manager
NJC/CWH/
Attachment: Table 1 - Breakdown of Lump Sum Fee
Distribution: (1) Addressee (via e-mail)
1250 Carlsbad Village Drive Septenfiber 10, 2014
Carlsbaci, GA P-216190
TABLE 1 - BREAKDOWN OF LUMP SUM FEE
HAZARDOUS BUILDING MATERIALS SURVEY, FIELD WORK
Certified Asbestos Consultant 8 hours ^ g $120.00 /hour $ 960.00
Vehicle Usage 8 hours D $ 8.00 /hour $ 64.00
PLM Bulk Analysis (3-5 day Turnaround Time) 20 tests ^ 5 $ 7.50 /test $ 150.00
Point Count Analysis (3-5 day Turnaround Time) 4 tests § $ 45.00 /test $ 180.00
XRF Lead Testing 1 day ^ $325.00 /test $ 325.00
Subtotal $ 1,679.00
HAZARDOUS BUILDING MATERIALS SURVEY, REPORT PREPARATION
Principal Engineer/Geologist/Environmental Scientist 1 hour ^ $148.00 /hour $ 148.00
Project Engineer/Geologist/Environmental Scientist 10 hours ^ $137.00 /hour $ 1,370.00
Certified Asbestos Consultant 4 hours ^ $ 120.00 /hour $ 480.00
Technical lllustrator/CAD Operator 2 hours g $ 75.00 /hour $ 150.00
Data Processing, Technical Editing, or Reproduction 1 hour ^ $ 50.00 /hour $ 50.00
Subtotal $ 2,198.00
TOTAL ESTIMATED FEE $ 3,877.00
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