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HomeMy WebLinkAbout2000-296 . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-296 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO EARTH TECH, A TYCO INTERNATIONAL LTD COMPANY, TO PREPARE PLANS FOR PROFESSIONAL ENVIRONMENTAL INSPECTION SERVICES FOR LEAD-BASED PAINT, ASBESTOS, PCB ABATEMENT, AND CLEAN UP OF THE SAN BERNARDINO SANTA FE DEPOT BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The proposal and qualifications of EARTH TECH, A TYCO INTERNATIONAL LTD COMPANY, meet and exceed the requirements that were outlined in the Request for Proposal for professional environmental inspection services for lead-based paint, asbestos, PCB abatement, and clean up of the San Bernardino Santa Fe Depot. An Agreement is awarded accordingly to said Consultant in a total amount not to exceed $37,246.25, with a contingency amount of $5,600, but such award shall be effective only upon being fully executed by both parties. All other proposals, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the Agreement attached as Exhibit A and incorporated herein by reference as fully as though set forth at length. The Mayor is also hereby authorized and directed to execute said agreement with any non-substantive amendments that have been reviewed by the City Attorney and agreed to by the Consultant. SECTION 2. This Agreement shall not take effect until the Agreement is fully signed and executed by the parties, and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of the resolution. 2000-296 1 2 3 4 5 RESOLUTION . . . AWARDING AN AGREEMENT TO EARTH TECH, A TYCO INTERNATIONAL LTD COMPANY, TO PREPARE PLANS FOR PROFESSIONAL ENVIRONMENTAL INSPECTION SERVICES FOR LEAD-BASED PAINT, ASBESTOS, PCB ABATEMENT, AND CLEAN UP OF THE SAN BERNARDINO SANTA FE DEPOT I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a Joint Regular meeting thereof, 7 held on the 2nd 8 9 10 11 12 13 14 15 16 17 18 19 20 day of October ,2000, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN X MC GINNIS X SCHNETZ X - SUAREZ ---X- ANDERSON X - MC CAMMACK X ~-~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this 4". day of Oc tober 21 22 23 24 2000. CA- t aIles, Mayor 1 of San Bernardino 25 Approved as to form and legal content: " 26 27 28 2 By: .' 2000-296 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 4-nl of October 2000, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Earth Tech, a Tyco International L TD company, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, City desires to obtain professional environmental inspection services for lead-based paint, asbestos, PCB abatement and clean up at the San Bernardino Santa Fe Depot. WHEREAS, in order to renovate the San Bernardino Santa Fe Depot, it is necessary to retain the professional services of a qualified environmental and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: I. SCOPE OF SERVICES Engineer shall perform those services specified in 'Technical Approach" and as contained in the proposal dated August 22, 2000, (which is on file at the City Clerk's Office) and letter dated September 10, 2000, a copy of which is attached hereto as Exhibit "1", and both of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Engineer to commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Engineer shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the 'Technical Approach" and letter dated September 10,2000, are made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. '. 2000-296 B. No extra services shall be rendered by Engineer under this Agreement unless City. authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 5. COMPENSATION A. Upon satisfactory completion of the work, the Engineer will be paid time and material not to exceed $37,246.25, in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. For the purpose of invoicing, certain tasks may be combined in assessing percentage completion. Engineer will submit an invoice to the City every four (4) weeks. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Engineer shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character ofthe services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for Completion of the work warrants such adjustment. C. The Engineer is required to comply with all Federal, State and Local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the allowability of individual items of cost. E. The Engineer also agrees to comply with Federal procedures in accordance with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. F. Any costs for which payment has been made to Engineer that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by Engineer to City. G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Article. 2 2000-296 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every four (4) weeks by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Development Services or his designee. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, marital status, age, handicap or national origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days 3 '. 2000-296 of termination. Any subsequent use of such incomplete documents, other than their. originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including attorney's fees and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "I". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City, and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. II. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own mauner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Engineer and the City. 12. ASSIGNMENT OR SUBCONTRACTING Engineer thereof, may assign neither this Agreement, nor any portion without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions ofthis contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: 4 '. . 2000-296 ENGINEER CITY Mr. Wayne Snowbarger, P.E. Earth Tech, a Tyco International LTD Company 1461 E. Cooley Drive, Suite 100 Colton, CA 92324 Mr. William Woolard Interim Director of Development Services 300 N. "D" Street San Bernardino, CA 92418 RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessmy to transfer ownership to the City. C. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form are intended for one-time use in the construction of the project for which this contract has been entered into. D. The Engineer is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Engineer under this Agreement; further, the Engineer is not liable for claims, liabilities or losses arising out of, or connected with, any use by the City of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by Engineer. E. For the purpose of determining compliance with Public Contract Code Section lOllS, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Engineer, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, FHW A, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Engineer that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 5 2000-296 14. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgement as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. 15. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 16. HOLD HARMLESS CLAUSE A. Engineer shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend, and hold harmless Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 6 .~ 2000-296 19. LIABILITY/INSURANCE Engineer shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Engineer performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Engineer. A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. B. Comprehensive General Liabilitv and Automobile Insurance. The Engineer shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. C. Worker's Compensation Insurance. The Engineer shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Engineer. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 7 . , . . 2000-296 AGREEMENT FOR Professional Services with Earth Tech, a Tyco International LTD Company. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: ~~ Rachel C rk, City Clerk City of San Bernardino J dith Valles, Mayor ity of San Bernardino at~j BY: Signature / (~t'lE$4t/F?-:r NAME: TITLE: {7Fil.FPAL {}/./fi<seD Atf/^ ,-S;ztt'7Il?f Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: 8 RightFAX 2/3 PAGE 1:10: 10/4/00 .M",rsh USA Inc. "llljjl"j P~Or:UCER R..,(.QQ Mickens. 0'0 Mar~ USA Inc Rts( Management Casualty Dept., 41 sf: FL 1166 Avenweofti'eArrer:cas Tel 212-345-3074 FIDe:: 212-345-5626 Ne-,vYork, NY 10036-2774 CERTIFICATE ~U"BER NYC-000499019-05 'THIS CERTIFICATE IS ISSUED AS A WAT1ER OF I~FOR"'Alla.1 ~l Y /lrNO CONFERS NO RIGfHS UPON THE CER;'IFICA'TE HOLDER O:Ii!:R T~M -rHOSE PROVIDF.D m THE POLICY. TtllS CERTlF1CATE DOES NOT AMEND, EXlEND OR -"L TER THE COVERAGE /lfFCROED BY lHE POLlCES DESCRIBE D HEREIN. COMPANIES AFFORDING COVERAGE COY?~" AMERICAN HOME ASSURANCE CO A Bl380 -ETECH-OCI'OI CO"Pf>NV B VIORKERS CDMPENSA TION. SEE ATTACHED SChEDULE IIlSURED EARTH TECH. INC. 100 WEST BROADWAY STE240 LONG BEACH, CA 9C802 C(1..'PMJ" C INDIAN HARBOR INSURANCE COMPANY CC1/P/>NY o ~~IlliM:,::'t~1~jDf1(!1F&lJlr&1 ThS S Ta C~::(T FY THAT PCliCl::S OF I\SJ~AI\a; DF:SCR i3E1 ~::R'3" h,l,\IE RF:FN ISSJEJ TO Th= I\;&.:('FD N.oIMED H8<F;I'J FO:( Tr-lF: =>0 ~CY ',arwn"ST^!\D'~G A\lv ,"{EalJl~:'Ii="'T, Te:;'M ~ Cm)IT:~ OF ~...v CO"lTR.I\.Ci ry:o, OTHE" DOOJ~ENTWTH ~:g:;EcrTO "",...IC..., Tl-E cs:m= CATE WA" 3= S~=JCA lAM ::>E"=l.TA:'. ,..,E \SJRA"CE foFFO~DED 3'1' n.E ;::QUaESj=~IB:D-ERSI', 'SS'J:l....:::crTC Pl~ THET:=tVS. con TO'lS,..:.:J :XQ..JSO'.S 0= a~ PQua::s L1V:TS~ow..' 'f,AY ..../-.\': BEEt- "ED~CED BY D.110 C.A.VS POLlCYEFFEC1WE ipOlICY EXPIRATION I DATE (MM/CD'VY) DA.TE (IIlM'DDfY't') co LTR Lu.tn.s POLICY NUMBER 1YPE OF I~SjJRANCE 1,000.000 1,000.000 1.000000 1,000.000 1.000,000 $ $ $ $ $ $ $ GE NERAL UABIU;Y I X -I (;OM~'1;:o.C..Irt tlf:',,J=,~A. _,AR!" 1'" RMGL 6123620 _, I 0_Ai'l3 'w],-'I,")E !.":.I occ..:o; a:=tl:E'<;Al AGGREGATE ;;>;ODLCTS - CQ{.D/OD AGG ~;::~OOJ\:~ !'Jo[)VI~JLJI<Y 1 OiOltOl 07101/00 A :ACH GCQ.,R~::\C:: F;R;:: D.4!\' AGF (MY me~'e) VED EX::: ',"~' mllC8'"llCJ'l 10101/01 1 0i01l01 07/01fOO 07101100 A AU"TOM08I.E U~IUTY RMCA 5347953 (PJS.l X ! A\Y ALTC RMCA 5347952 (TX) A...L o.N'~;::) A.. TOS s::HEJ~l;::) AJTOS X HRED IIUT<:::S X NCJ\-OM',;::O A..TO.S llA.RABF:: llABI~I1Y ,..\Y ALTO EXCESS ll"-BUTY LJ'YIEf1:EL_AFOI1.M I ar..;;;~ n....... UVBRE~l.'" FOR Vi A EM PlOYERS'LlABlLlTY SEE PAGE lW) B SEE PAGE lW) 1.000,000 CO'BI'ED S'\GcF. ~I~~T 30[")L ....1f\J..RY ~e~pJs.m) $ BODL YI1\J..RY peracr.idenf) $ $ ;:l"iQPERTY OIW,AGE. $ A~TO O"'LY . ~~ ACCiOE'\ T CTHF"i 'NAN A;.;TO ()\.L '" ~A.O; ,o,oo)E',T $ AGGi:{.~An:: $ EAD- OCC..R.R:;\CF. $ AGGREGATe $ $ x TcRYLiMITS, El. EAo-! Jl.CCD3\T Q7/01/01 lOi01101 07101100 07101101 1,000,000 1.000,000 1,000,000 $ $ !:L D'~ASE.ePC"1 E~P'.Q"=~ $ TI-'1= =ROXtl!:TO~i PAI\TI\ERS;::X:::::::'.T\IE CF ~ CE~S ARE CONSULTANTS C ENVIRONMENTAL L1~.9. IPoCoo03688 IPRDFESSIONAL L1AB. I CESCRIPTlON OF OPER,c,TIONSflOCATlOI(.S'\lEHICLESISPECI:t. ITEIIIS (LIMITS "lAY BE SUBJECT TO DEDUCllalES OR RETE~T10NS) PROJECT' CITY DF SAN BERNADiNO SANTA FE STATION W~ERE REQUIRED THE CERTIFICATE HDLDER IS INCLUDED AS ADDITiONAL INSURED 'MTH RESPCET TO GENE~AL LiABILITY BUT DNLY TO T~E EXTENT OF NEGLIGENCE ON BEHALF OF EARTH TECH,INC. El rJ s::,g:..p:1 cv IV~T I',Q EXeL 1,000,000 1,000000 AGGREGATE PER CLAIM 07101102 07/01iOO ~~iv;.j~1III_.1Ii~~_lrffi~~_rtl_lMl1_~~~iil.lif~~;It:I_II~g!( 9-lO~ Al-NOF Tloe 1'Q:ICIf'S ~FSC'l.IP..~Cl H"fO;:,N !;: C.lo.N:::~L~J 8FFO'l!" j~ "X!'i'l"T'C~ ~~T!' TloEllFC7 TH!NSAEII. N'l'O'l,OINQ CO\I!II....<3l!! W~~ t~t)E".\;O'I TO ht'\l --3Q :;!"V!I W'l.TT!H NOTICl'!! TO floE CITY OF SAN BERNADINO ~ NORTH'D"STREET SAN BERNADIND, CA 92418 ~'lTlFC.lo.T", I-K.LOFR ~t.t;t) I-f'lI.i:N., !'ld'" ""-cUR" TOf.wL !1/CI-lNOiaE g..j.lo..L IM~Og:; 1110 MI.,QI,T1C1'O CIA lIAIH.ITYOF "'NT KIND \PON"THl' .NSJRfl!.....FO'l.~J NGCOIfE'lAOET",o,GENTSOR 'iF"'l.!'Sl;NTAnvES ARSH USA"C. y: Kath erin e S. O'Leary t'farsh .uSA Inc. '. . 10/4/00 1:10: PAGE 3/3 RightFAX PRODUCER 'Renee M:ckensGlo Marsh USA Inc. Risk Man2gement Casualty Dept., 41st FL 1166 Avenue of the Ame'icae ,.1: 212-34&3074 "ax: 212-34S-662E New York. NY 10036.2774 D/l.'1'E (MM/DC/YV) 10/04/00 COMPANIES AFFORCING COVERAGE :J;} %: CCN;;M'" E CQVPI\NV F 58800 -ETECH-<lOlOl INSJREO EARTH TECH, ! NC. 100 '/IIEST BROAOVl/AY, STE 240 LONG BEACH, CA 90002 ca..ClM,Y G COVPN," H '/IIORKER'S COMPENSATlON COVERAGE 7:1 :00 - 7/1101 INSURANCE POLICY # (A) AMERICAN HOME ASSURANCE CO RMVioC 5275025 [B) NATIONAL UNION FIRE INSURANCS CO. RMW:: 5275026 (6) INS. CO. STATE OF PA RMV-c 5275027 (3) ILLINOIS NATIClNAL INS. CO. RMVioC 5275026 (3) ILLINOIS NATIONAL iNS. CO RMVioC 5275029 (3) AI SOUTH INSURANCE CO RMVioC 5275030 (A) AMERICAN HOME ASSURANCE CO. RMVioC 5275031 7:1ICl-1Q,'1I01 STATE INSURANCE POLICY # CA RMWC 5275071 NV, OR RMWC 5275072 AR, FL, MA. TN, VA RM'i\IC 5275073 IL. LA RMWC 5275074 NY WI RMWC 5275075 GA RMW:: 5275076 ALL OTHER STATES RMWC 5275077 :.-.-,-"-,-":;<:,..,.,Plr;.:.~:N""{':':,,,;,l.,,:,t".,,. ,.... ...... CITY OF SAN BERNADINO 300 NORTH "D" STREET SAN BERNADINO, CA 92418 INCLtlDES CDPYRIGHTED MATJ:RIAL OF ACORD COllPOIlATICfi lfITH ITS P~ISSICN. . S<~~:~D\YJ@1D' flJ SEP2 il 2000 L.L!J [tlO \\,'\( Broadway. Suit.., ')OO(), Long Beach, California ')OH02-44_+.i EXHIBIT 1 ,: ,'v 'J ~;..;,!\~ BERNARDINO OL'_'i;.lOprIlENT SERVICES DEPARTMENT September 10, 2000 Mr. Raymond A. Casey City Engineer City of San Bernardino - Development Services Department Public Works Division 300 North "D" Street 3rd Floor, City Hall San Bernardino, California 92418 Subject: Proposal for Professional Environmental Inspection Services San Bernardino Santa Fe Depot Revised Cost Breakdown Tl' I e p h (Jill: 'i (j 2.. ') ') 1 .2.000 F ae s i In i Ie Dear Mr. Casey: ') (, 1 <) '5 [ .:2 [on Earth Tech, Inc. is pleased to the following cost breakdown for enviromnental consulting services for the San Bernardino Santa Fe Depot abatement project. The cost estimates, identified by task, are based on the services required in the request for proposal dated July 13, 2000 Cost Estimate Task 1 - Review of the Technical Sections of the Prepared Specification, Preparation of a Pigeon Guano Specification Section and, Review of the Bidding Contractors Qualifications Proiect Manager (24 Hrs. @ $80/Hr.) 1.920.00 Task 1 Subtotal... ... .............................. .......... .... ... .............. ................... ......... .$1,920.00 Task 2 - Assistance in the Bidding Process Project Manager (12 Hrs. @ $80/Hr.)...................................................................960.00 Mileage (] 75 Miles @. $0.45/Mile) 78.75 Task 2 Subtotal.... ........ ....................................... .................... ............. ...... ... ...$1,038.75 EARTH@T E C H A tileD INTERNATIONAL LTD. COMPANY I < , ~an Bernardino Santa Fe Depot Cost Breakdown September 10, 2000 Page - 2 Task 3 - Inspection of the Awarded Contractor's Performance and Implementation of Testing of Personnel and Material (On-Site Project Oversight) The cost estimate for this task is based on 50 working days as identified Section 4 of Volume I of the specification. The cost estimate is also based on the contractor performing work in a manner that the project can be staffed with one environmental technician. Project Manager (25 Hrs. @ $80/Hr.)..................................................................................2,000.00 Environmental Technician (400 Hrs. @ $50/Hr.)..............................................................20,000.00 PCM Asbestos Air Sample Analysis (500 Samples @ $7.50/Sample) ...............................3,750.00 AAS/ICP Lead Air Sample Analysis (200 Samples @ $15/Sample)..................................3,000.00 AASIICP Wipe Sample Analysis (100 Samples @ $15/Sample)........................................1 ,500.00 Mileage (8.750 Miles rip $0.45/Mile) 3.397.50 Tasks 3 Subtotal................ ............ ... ....... ... ........... ....... ...................... ... .......................... .$33,647.50 Task 4 - Review of the Contractor's Submittals Proiect Manager (8 Hrs. @ $80/Hr.) 640.00 Task 4 Subtotal................................... .............................. ................... ... ... ................. ........ ..$640.00 Task 5 - Review of Contract Change Orders Included in Task 3 0.00 Task 5 Subtotal............... ............ ...... ... ..................... ............. ...... ...... ......... ...... ...................... ..$0.00 Proiect Total Task I ............................................. ... .......... ........................... ........................... ... ... ........... ..1,920.00 Task 2....................................... .......................... ....... ............. ... ........................ ... ... ... ........ ..1,038.75 Task 3........................ ........................... ... ....... ....... .... ............. .......................................... ..3 3 ,647.50 Task 4...... .................. .............................. .............. .... ...... .......... ........................ ... ................. ..640.00 Task 5 0.00 Proj ect Total..................................................................................................................... $3 7,246.25 The cost estimate provided is based on the information provided in the Request of Proposal and associated specification. This cost estimate is provided for information and possible negotiation in the future. ,. .. ~ San Bernardino Santa Fe Depot Cost Breakdown September 10, 2000 Page - 3 Should you have any questions or reqUIre additional information, please do not hesitate to contact me at (562) 951-2112. Very truly yours, Earth Tech, Inc. Specialty Services Division /f::..f Project Manager