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HomeMy WebLinkAboutGC ENVIROMENTAL 2-2004 iNSURA'NCE @I ON FILE WORK MAY !1Ql PROCEED CLERK OF COUNCIL DATE: .Jf- .:<:7-0<{ N-2004-032 CONSULTANT AGREEMENT ¿~ tOp¡.. { R..(OI'~zj THIS AGREEMENT made and entered into this ('Î day of March, 2004 by and between GC 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 ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental testing and consulting. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfonnance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfonned by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perfonn Phase I Environmental Site Assessments, asbestos and lead sampling and other environmental testing and analysis, as set forth in Exhibit A to this Agreement. 2. COMPENSATION 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 expended under this Agreement shall not exceed $ 10,000.00 during the tenn of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on June 30, 2004, unless terminated earlier in accordance with Section 12, below. The tenn of this Agreement may Agreement may be extended upon a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be 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 be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking perfonnance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting 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 of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the fonn attached hereto as Exhibit B upon execution of this Agreement and shall be approved in fonn 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 occurrence. Such insurance shall include coverage for owned, hired 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 perfonnance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 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 effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in fonn by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (ii) (iii) 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 insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed 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, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, 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 relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including fees and 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 compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the tenns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City infonnation which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonnation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infonnation of 3 like importance, but in no event less than reasonable care. "Confidential Infonnation" shall include all nonpublic infonnation. Confidential infonnation includes not only written infonnation, but also infonnation transferred orally, visually, electronically, or by other means. Confidential infonnation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession ofthe Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or ( e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, 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 class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile 714/647-6956 With courtesy copy to: Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-37) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 4 To Consultant: GC Environmental, Inc. 1230 North Jefferson, Suit J Anaheim, CA 92807 Attn: Ms. Farideh Kia A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set 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 set forth on the transmission report issued by the transmitting facsimile 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 exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the tenns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf 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 Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be tenninated by the City upon thirty (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perfonned by Consultant prior to receipt of such notice oftennination, subject to the following conditions: 5 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonnance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought 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 other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination 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 tenns of this Agreement, and shall indemnifY City fully, including 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, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. II II 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~ City Manager APPROVED AS TO FORM JOSEPH W. FLETCHER City Attorney By: í}(tfUr;\~'iu,j:£¿U IEaura Sheedy' / Assistant City Attorney CONSULTANT: ~~~ Farideh Kia Vice President Employer ID 33-0484382 - 7 ~er\t By: '.f)C EN\f.CRONMENTAL RING; 714 632 9968; Mar-26-04 15:31; Page 3/21 PROPOSAL ,FOR ENVIRO~ENTALSERV1CES Prepared for CITY OF SANTA ANA Prepared by GC ENVIRONMENTAl, INC. GC ENVIRONMENTAL, INC. " 1230 N. Jefferson StTeet, Suite J Anaheim, CA 92807 March 26, 2004 GCE Proposal #04P~03-015 $en~ By: ;GC EN~IRONMENTAL 1.0 1.1 1.2 2.0 3.0 4.0 5.0 5.1 5.2 5.3 6.0 7.0 8.0 9.0 10.0 RING; 714 632 9968; Mar.26-04 15:32; Page 4/21 TABLE OF CONTENTS DESCRIPTION OF PROPOSED SERVICES AND TIME REQUIRED TO PERFORM THE SERVICES.........-.............--...........................--.-...................-.........,,-.....1 PHASE I SITE ASSESSMENT ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''..... I ASBESTOS LEAD MATI!R1AL SAMPLING AND ANALYSIS.................................................... 3 SCHEDULE ...........";.....-....-.......-...-...--..........................---...............----.....-.........4 GENERAL FEE SCBEDULE....-.~_.................._..................-........_..--.-....-......-...........5 SCHED'ULE OF FIXE.» RATES ..-.--.-..--...................-........-...-..............--............... 5 COl\olP AN'Y RES~URCES '''--..''''....--...''-.-......---...--...................-........."............_...6 PROJECT PERSONNEL """"'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' "'"'''''''' 6 ACCESS TO AND USE OF COMPUTERIZED DATABASES """'''''''''''''''''''''''''''''''''''''''''''''''' 7 EXPEItlENCE WI1H PuBuc AGI!NCI!!S ..:............................................................................7 CO~AN'Y CONtAcr ..........-.......................----..........--....-.-....-....-.-....--.......8 PROFESSIONAL QUALIFICATIONSM"'M'MM"........................................._..__-...8 RELEVANr PR.OJECT EXPERIENCE ............................---.........-..-........_...9 REFERENCES ....~....._-_.............--_.._...._._----"'._-.-..............'._._-"'h.....~........13 LIMIT ATIONS.....~..__............................................._.........,.........---.....--..........._..._..13 ADDeodices Appendix A Appendix B Buis of Charges Resumes ' i \\yellowuil\d0u2IOw>a'DPROPQSAL$1City ors.... Ana'D4p.O~1S EnY"'''''''1 S""_,4"" Sent By:;pc EN~IRONMENTAL RING; 714 632 9968; Mar.26-04 15:32; Page 5/21 1.0 DESCRIPTION OF PROPOSED SERVICES AND TIME REQUIRED TO PERFORM THE SERVICES In response to the Community Redevelopment Agency of the City of Santa Ana's (herein referred to as the City} request for professional cnvironmental services, GeE proposes to perform the following scope of work for properties acquired or to be acquircd by the City: . Phase I Site Environmental Site Assessment (phase I ESA)-Vacant residential lots-Do unusual conditions . Phase I ESA-Single family residential properties-no unusual conditions . Phase I ESA-Multi-family residential properties-no unusual conditions . Asbestos and Lead Materials Sampling, Testing and Analyses-Single family residential properties (Lead !ampling. testing and anmys6s shall comply with HUD guidelines.) . Asbestos and Lei!¿ Materials Sampling, Testing and Analyses-Multi-family residential properties (Lead sampling. testing and ana~es shall comply with HUD guidelines.) GeE's scope of work for Pbase I ESA will be completed in general accordance with the AS1M 1527 ESA sta.ndatd. Should preliminary resuhs of Phase I ESA indicate areas of enviromnental concerns at any of these properties, GeE will communicate the results and our recommendations to the City for additional won. GeE's Píopvsc:d scope of work and cost for the Phase I ESA are presented in this proposal. ' Lead and asbestos sampling and testing will be performed by AHERA-œrtificd staff and sball comply with HUD guidelines. A brief description of the lead and asbestos sampling and testing cost is provided in this proposal. We understand that soil sampling and testing may by required as a part of this proposal. A detailed scope of work and cost for sOil sampling and testing can not be provided in this proposal because of unknown conditions of the properties at this time. However, if wamnted by site condition based on the Phase I ESA, GCE will communicate the results and OUI ~onimendations to the City for additional work based on the suspectod presence and nature of ba2mdous materials at the site, and will provide the City with a scope of work and cost for approval. . The following sections provide brief descriptions of scope of worlŒ for Phase I E$Aand asbestos and lead sampling and analysis. 1.1 Phase I Siu Asses$ment Task 1.0 Reglllatøry Agency Records RevÚ!w We will review standard published listS of state and fcdcra1 regulatory agency investigations and/or enforcement actionS for the site and the sUIrounding arca within the AS1M minimum search distances of the site. The lists for the properties within one mile radius of the site include: 1 I\yello"""¡I\d'Ia2IO,.....\QPROPOSA1.SIClcy ors"". Ana\04P-OJ-olS EnyflOamatW Semceo.doo ,Seot By:', GC ENIa'IRONMENTAL , " RING; 714 632 9968; Mar-26-04 15:32; Page 6/21 . United States Environmental Protection Agency (U.S. E.P.A.) National Priority List (NPL), RCRA Trea1ment, storage and Disposal (TSD) facilities, the Ca!-EPA Department of Toxic SubSWlCes Control (DTSC) Cal-Sites List including the Bond Exp!:I\diturc Plan (BEP) and Annual Workplan, and the Cal-EPA Office ofEnvironmcntal Information Hazardous Waste and Substances Sites List (fonner1y the CORTESE list. The lists for the properties Within one-halfmi!e of the site include: . E.P.A. CERCLIS Us!, Regional Watcr Quality Control Board Tank Tracking System, or California Integrated Waste Management Board SWIS list and SWAT list. The lists for the subject site include: . The RCRA generatOrs list, and the local or state list of registered underground storage tanks for the site and adjacent properties. The Emergency Response Notification System (B~S). ' Additional Environme/1/al Sources: State a!'ld L()()al We will contact the following State and local agencies. as appropriate, for information pertaining to environmental permits, site investìgliiions, and documented enforcement actions for the subject site, if WllmÌnted based on our review of the regulatory documents. . The Regional Watet Quality Control Board, the local Environmental Health Department, the local Fire Department, the Air Quality MaDagement District or Air Pollution Control District, the local Planning Department, the Building Department, or the local utility company. Task 2.0 Slt~ Hisrory øndSetting At a minimum, one or more of the following reasonably asçertaÚ¡ab1c standard historical sources will be consulted to gain knowledge of past operations, tàcilities, or activities of environmental concern for the subject site and adjacent properties. . Obtainable Sanboni Fire Insurance Company Maps. . Readily obtainable aerial J!hotographs for discernible physical featUres regarding past operations. facilities, and activities of environme,ntal concern for the subject site and adjacent properties; . Review chain-of-titje or recorded document guarantee repon (if provided by the'Client) dating back 50 ycars which lists current and former casements and ownèrship, or a preliminary title rèport describing existing easements and current ownership may be reviewed if provided by the Client 2 llyeIlo_IIId.Ia2_<IOPROI'OSALS\Cily ofS...1a An.\D4P-03-0JS EftV_1IIJ SItY¡""".doc: ~en,t By.: ,'GC ENV.IRONMENTAL RING; 714 632 9968; Mar-26-04 15:33; Page 7/21 . We will inteI1lÌew à maximum of tWo selected key personnel per site who may have historical environmèntal infonnation of ~ subject site. Client will be responsible for supplying the names and phone numbers of two key personnel to be interviewed. . Reasonably ascertainable geological ~ hydrogeological information for the general area of the site. Task 3.0 Site Reconnmsa"ce We will conduct a site visitto observe field conditions indicating recognizable environmental conditions in connection with the property which may include: . Obvious location(s)of suspected past III1d present hazardous ~ storage, application, use. and disposal areu. . Obvious loçation(s) of aboveground and underground ~rage tanks, pipeli:nes, wells, transformers, and n(jte building materials suspected to contain asbestos. . Obvious uses and environmental conditions of IU'eaS of concern as noted in the review of the aerial photography. . Note facilities adjacent to the site that have an obvious poIeDtial to affeçt the enviroI¡mental conditions at the site. We may photographi{:al1y document adverse site ÇOnditiODS, if any, at the time of the site visit. Task 4.0 Final Report ojFilldings A report of findings will be prepared for eaçh property which will include tbI: information obtained from the Phase I envíronménta1 site assessment. The report will include photographs and pertinent reguJatory agency documèntation regarding the site.' The report will discuss findings and recommendations. ' 1.2 Asbøtos LemJ Maiuiøl Sampling arid Analysh In addition to Phase I ESA, the single and mUlti-family residential properties will be checked for the presençe of asbestos and lead in for the purpose of estab1ishiDg health and safety requiremenu during demolition and disposal requirements. GCE understand that theS'e properties are presently occupied, but wiU be vac:ant at the time of sampling, and that these ,ptoperiies need to be cheçked for the: prescnçe of asbestos and 1e~d prior to demolition and disposal of the constrUCtion debris. 3 \~II._ald&lo2\O...._PltOPOS..t.s\Cky.r s.... ....1041'-03-0 I S En""- S<rrtca.4øç ~e~t BY::~~ EN~IRONMENTAL RING; 714 632 9968; Mar.26-04 15:33; Page 8/21 Asbesws Sampling and AnÍllysl:s The properties are located within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The $CAQMD requires at least 3 samples ftomeach type of construction material (Le., different type of flooring or ceiling material) used in the buildings. Based on the assumption that up to 3 different types of construction materials have been used in each unit (roof, ceilíng, flooring), GCE estimates that at least 9 samples will need to be collected from the ceiling, roof. and flooring of the single family properties for analyst!. GCE assumes up to four units for the multi.family properties and a common roof; therefore, 27 samples will be collected from each multi-family residential property ror anal)'1lis. The actual number of samples may be different based on our site visit. The samples will be collected by an AHERA-<:ertified professional. The samples will be analyzed using US EP A Method 6001R-93-ll6. The results of the survey will be provided to the City ina letter report,. or as a part of the Phase I ESA report,. whichever the City prefers. The approximate SIIIIIpling ,locations will be marked on the floor plan for the dwelling, provided by the City, and will be included in the report. The report will also include a brief discussion of oW' findings, copies of the laboratory reports and chain of custody documents. ' Lead SampUng and Analysis At this time the State of California does not have any requirements for pre-demo1ition waste survey and sampling. Therefore to provide the City with an estimatl:d cost, GeE assum~ three types of construction màterials and bulk sampling after demolition to characterize the construction debris/waste. , ' GeE estimates that at l~ 30 samples will need to be collected from the units for analysis. The actual number of samples may be different based on our site visit. The samples will be collected by a qualified staff. and will be analyzed for total lead using US EPA Method 7420. ' The results of the survey Will be provided to the City in a letter report, or as a part of the Phase I ESA report, whicheva- thci City prefers. The approximate sampling locations will be marked on the floor plan for the d~lling, provided by the City, and will be included in the repon. The repon will also include a brief discussion of our findings, copies of the laboratory reports and chain of custody documents. ' ' 2.0 SCHEDULE Barring unforeseen circumstances and lengthy resp0n3e time from agencies, GCE plans to complete the scope of work for Phæe I ESA and lead and asbestos sampling and testing and submit our report for each property in approximatl:ly three to rour weeks. Included in each ~rt will be our 4 , . \~I.-;¡\d.ta1\D_PROPOSALs'City .rs.... Ma'oO'P.()3-Q15 -........, Services.doc: Sent By:, 'GC ENI(.IRONMENTAL ~ . . " RING; 714 632 9968; Mar-26-04 15:33; Page 9/21 recommendations for addiúonal work, soil sampling and tesùng, if warranted, based on site conditions. Preliminary resultS will be communicated to the City prior to submittal of the reports. 3.0 GENERAL FEE SCHEDULE GeE's Standard Basis of Charges is attached as Appendix A. 4.0 SCHEDULE OF FIXED RATES Specific rates for the following services are provided in Table 1 below. The indicated costs are based on the understanding that sampling and testing will be conducted for the purpose of establishing health and safety requirements <\ùriD,g demolition only , and it is not intended for the purpose of occupancy. Addiûona1samp1íng and analysis may be required if the intent chaDges, Table 1- Sdledule of Fixed Rates Fixed Rate 1200 $1500 $1 ~OO S50Ò I,.ead Material Sampling, Testing and Analyses - Single Family Residential Properties (asswnes 3 type of consttuction materials per unit and one sample per material type) , Asbestos Material Sam¡!!ling, Testing and An81yses - Multi-family Residential Properties (asSimles 4 units per property with common roof, and 3 type of materials per unit ,and 3 samples per material type) $500 $800 Lead Material Sampling, Testing and Analyses - Multi-family Residential Properties (assumes four IiDlts per property, 3 type of constnlcûon materials er unit and one sam. Ie er material $650 The following assumpûons have been used to esûmated the budget and schedule: . GeE will be provided with the authorization to access the site. . If site boundaries lire not clearly marlted in the field, then it is the Client's responsibility to arrange for such; s \\y<l1o_il'd.oû\O.....or¡¡PI\OPOSALSIChy ors.... .....\04P'()J'()I~ Env;",........1 ~....i<eo,doc S,en.t By': :.GC ENV:IRONMENTAL RING; 714 632 9968; Mar-26-04 15:34; Page 10121 . The site visit can be conducted in 1.5 hours. If the site visits cannot be completed in 1.5 ho=, additional fees will be incurred. ' . Cost for soil and groundwater sampliug and analysis, and radon services, are not included in this proposal. . ' . Thee copies of the report will be submitted to the Client Additional copies can be provided for a fee of$20 per copy. . Revisions to the report more than once, and Client meetings are not included in the budget estimate,. ' . If warranted, we will review the It:gu1atory agency files for the sites with one agency only. If additional regulátory agency file reviews, for the site or the adjacent sites arc recommended, the Client will be contacted for authoñzation of additional fees. . A SO-year Chain-of-TitJe report will be provided by the Client. If GeE is asked to obtain tlùs information, additional expenses will be incurred. . GCE has estimated . up to 3 hours, of labor for sampling asbestos and lead material for single family, and up to 5 hours forinulti.famiIypropertles. Additional time cause by conditions oot ~ in this proposal (i.e., additional sampling or difficult access,.. .) win be charged in accordance with GeE's Fee Schedule. . GCE will be providèd with the authorization to accesS the dwellínss within the first week from the start,up. , . The laboratory analysis will be performed on a 3-5 days turnaround time. . The site visits will be conducted anytime during the nonna! weekday working hours. . City should reali2e that sampling for asbestos and lead is intrusive and will cause damage to the property at the sampling locations. The cost for repair of the dama.ged area is not included in the proposal 5.0 COMPANY RESOURCES GeE's full-service capabilities include not only highly skilled and trained environmental professionals including geologists, engineers, environmental usessors, te(;hnícians 8I;IddIaftsmen, , but also include local ~ network (LAN), peISOnal computers, CADD computers, numerous engineering and environmental software programs, and access to compuœrized databases. GeE's sU1all structure and emphasis on cost-control enable us to efficiently aDd effectively provide our clients with top quality workplans, designs and reports. 5.1 Project Penonnel ' The proposed Project Manager for the City of Santa Ana is Ms. Farideh Kia. Ms. Kia has over 17 years eXperÑ:n<;c in environmental field and hazardous waste management Her expertise is in conducting and managing Phase I Environmental Site AsSesmnents, geologic and hydrogCQlogic evaluations and remediation, fo<:using on contaminated sites. Ms. Kia has assisted and directed numerous cnvironmenta1projects including landfills and oil field closure projects involving locating and permitting. both air and water Solid Waste Assessment Tests (SWATs), CQA management oflandîû1 cell lining operations. and gro111ldwater and methane gas issues for both 6 IIydIoWIJJilld.l&2'Ð.....o'I>PROPOSALSlClty .rs.... ""a\04M),(),IS eovin>n- S_doc Sent By:. GC ENYIRONMENTAL , ' . RING; 714 632 9968; Mar-26.04 15:34; Page 11/21 landfill and oil field development. Her expeI1ise in perfonning evaluation of property conditions, remediation of contaminated sites as well as both landfill operations and oil field closures lIIakcs her particularly effective in managing a wide range of projects. Her respon5ibilities include, bUt are not limited to, directing field personnel, performing review, analyses of data accwnulated and preparation of final reports for review by Local Enforcemcnt Agencies (LEAs). Ms. Kia heads up GCE's Environmental Division, staffing environmental projects including site assessments, site characterizations, remedial aCtivities and permitting. Ms. Enid Cohn, REA, AHERA: Ms. Cohn has over sixtecn years professional experience, including ten year.! cxperience in performing asbestos surveys and monitoring asbestos abatement projects, performing environmental site assessments (ESAs) for industrial, commercial, and resi&ntial properties; managing and preparing enviromnenta1 impact studies (EISs) and reports (EIRs) for hazardous ma~s handling, offshore oil development, and other projects; and regulatory compliance evaluations. Ms. Cohn is a State of C¡ùifomia Certified Asbestos Consultant which enables her to condu~ sampling for asbestos-containing materials, develop Operations and Maintenance Plans, prepare abatement speçißcations, and, oversee asbestos abatemellt activities. Ms. Cohn maintain. certifu:ations under the federal Asbestos Hazard Emergenq Response Act (AHERA) as a Management Planner. Building Inspector, Contractor/Supervisor/Competent Person, and Project Designer. . 5.2 Acuss to IUIJl Use øf Complllerizlld Datllbases GeE is connected via a LAN to the internét a11d in as much, have access to all publi~ databases that would be required for historic þlo~rty searches. 53 Experience with P#hlic Agencies GCE's primary client base is municipal agencies in Southern California. As an exari1ple, GeE , has conducted numerous Phase I site assessments fbrthe City of Ontario, City of Santa Ana, provided environmental assessment and remediation for the University of California - Irvine, and other schools. " Our professional associates have experience and a working knowledge of local geologiclhyclrogeologic conditions, knowledge of looal regulatory requirements and procedures, and have established relationships with regulatoty agencies that can substantially reduce overall project costs by expediting the regulatory review process. Agency experience includes working closely with local air pollùtion control districts (APCDs). local water boards (RWQCBs), South Coast Air Quality Management DIstrict (SCAQMD), Local Enforcement Agencies (LEAs), fire departments, health services agencies. and municipalities throughout southern California. 7 \\yclto""¡MIllta2\Osencr\OPkOPOSAJ;S\C~ of Santa AftaVJ.4p..oJ..o15 EftViro.~1 Snvicct.doc \.J 1;;:1 I ... 01.; U~ CI~VLMUI~M~I~IAL HINbj Page 20/21 11 4 b:J2 9968; Mar-26.o4 15:38; . GC ENVIRONMENTAL, INC. BASIS OF CHARGES Effective January 1,2004 I. Listed herein are typical prices for services most frequently performed by GC Environmental, Inc. Prices fur other !erYiccs not listed will be given upon request, Invoices will be issued on a monthly basis, or upon completion ofa project, whichev~ is sooner. The net cash amount of this invoice is payable on prese,nration of the invoice. For hourly workers., time worked ,in excess of eight hour! per day and weekend work wilt be charged at 15 times the hourly nUe. Per diem will be charged at a rate of S15 per day per pmon or cJ<p4!nses plus 15%, whichever is ~ater. Per diem will be charged for all projects in excess of 50 miles from the GC En'Vironmènta~ Inc. office. , Outside setViccs will include a 150/. markup unl= othetwi3e noted. Weare protected þy Worker's Compensation InsUl3llCe, and will furnish certificates thereof upon request W'Ø assume the risk of damage to our own supplies and equipment. If your contract or pIII'CIiæe order places greater responsibilities upon us or requires further insurance coverage, GeE will, when specifically directed by you. take out addìtional insuntnce (if procurable) to protect us at your expense, but we shall not be ~ponsible for property damage. ftom II2IY cause, including fire IIDd explosion, beyond the amounts of coverage of our ÌljSUrance. All environmenràl sample! may be retUrned 10 client! at Ge Environmental, Inc.'s discmioo 30 dayS after submission of final ~rt, unless prior IImIl1g!!ments are made. Proper disposal òr bu¡dling' of soil ,boring cuttings, well development and, purge, Waten, deconramJnation :soIutions, and other contaminatedlpote1ttially contaminated materials is the respon¡¡ibility of the client. OC Env4onmentaJ,Ine. can provide containe.rs for on,.site contaìmnent and can advise the client regarding proper handling procedures. Expert witness, depositioIUJ II11d testimony at two times the regular fee. 2. 3. 4. 5. 6. 7. 8, 9. FEE SCIlEDULE Principal Professional..... ... ""'"'''''''''''''''''''' "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........., ""'''',,,,'''''''''' $1 37 Senior Project Manager .:;. "'''''''''''' ...... ,,,"'''''''' ............................... ............................................. '"'' 122 Senior Professional............................... ...................................... ...................... ........ "'''''''''''''''''''''''' 110 Project Manager..............:........... .......,....... ........ .............."........., "'''''''''''''''''' .......................... ......... 102 Staff Profcssù>na1...........~......... ........"...... ..............,............. "'''''''''''''''''''''''''''''''''''''''''''''''' ........ ......92 Professional........ .................................................. '"'''''''''''''''''''''' .............. .............."... ""'''''''' ........... 8 I Assistant ProressionaL....~... ........................,.. .............................,.,......... ......,... ""'''''''''''''''' ................ 70 Designer ..."... .................;............. ...... ............................. ............, ......".................. .......,. ....... ...............63 Senior T echnicianlField Engineer..... .....,.,,;................ .....,... "'''''''''''''''''''''''''''''''''''' ...., ,....,.... ........... 5 5 Tecbnician......................;................................................................................;.....................................48 Word ProcessingfClerica! ..-......... ...... .............. .... ............................ ......... ...... ......................................46 Engineering Assistant ....; ............. .......... ........... ............................. .,.......... ............ ....... ''''''''''''''' ..... .... 43 Mileage ..........................:....................,...........................................'''''''''''''''''''''''''''''''''''''''''' SO.39Imi. Copies... ........ ..................;.................. ""'''' .....".......... .............. ,........ ""'''''''''''''''''''''' ..........., $0.10 each Drawing Copies .............;.... ""'" "'"'''''''''''''''''''''''''''''''' "'"'''''''''''' ............... """"""""""'''' $250 each Communication & Com iuter Fee: at 2% ofLabor,.............................................-.............................. 2% 'C~nI.s\c:OfthCl\Stand8rdPordt Conlncts\B.ait :2004.doc CopyriPI C2004 .. CiC Eavl..,.,;..",.I.Inc, All RJ."., R...,.,..¡ , EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, California 92702; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses perfonned by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included, 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702. (Completion ofthe following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8