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HomeMy WebLinkAbout20-Public Works CI''''Y OF SAN BERNODINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Authorization tc Execute Agreement for Professional Services -- Improvement of Tippecanoe Avenue, "c" Street and Del Rosa Drive, per Plan No, 9053 -- J.E.M. ENVIRONMENTAL CONSULTANTS Dept: PubJ.ic Wo!:'ks(Enginee!:'ing Date: 9/J./94 Synopsis of Previous Council action: 12-07-92 Authorization g!:'ant by CDC to execute a Loan Guarantee Agreement with IVDA fo!:' loan of $bcJ,OOO from SANBAG. Authorization g!:'anted fo!:' City to assume responsibility of a Consulting Enginee!:' and execution of an Agreement fo!:' p!:'ovision of these services~ Resolution No. 92-453 adopted autho!:'izing execution of an Ag!:'eement with URS Consultants, Inc. fo!:' Phase.I of services. Resolution No. 93-382 adopted autho!:'izing the Mayo!:' to execute application to the Economic Development Agency fo!:' a g!:'ant. 06-01-92 07-06-9.2 10-04-93 (Continued on second page) Recommended motion: ADOPT RESOLUTION. cc: Shauna Clark Jim Penman Bill Bopf Contact penon: Roge!:' G. Hudg!:'ave Phone: 5025 Staff Repo!:'t WlII'd: 1 Supporting dllt8 attached: FUNDING REQUIREMENTS: Amount: $75,369(EDA G!:'ant & IVDA) Source: (Acct. No.! 242-362-57291 (Acct. DescriDtionl Street Improvements - Tippecanoe Fin..ce:#/~ t'~ I . ---- Avenue. .en St. & Del Rosa D!:'ive Council Notlls: "I;._ft~~' ADl!nda Item No ~ IJ o :) File No. 1.291 SYNOPSIS OF PREVIOUS COUNCIL AcnON (Continued) 01-24-94 Plans approved and authorization granted to advertise for bids. 03-21-94 Resolution No. 94-68 adopted authorizing execution of approval and award of grant. 05-02-94 Resolution No. 94-107 adopted authorizing execution of Second Amendment to Agreement with URS Consultants, Inc., for provision of construction staking services. 06-06-94 Resolution No. 94-130 adopted awarding a contract to Matich Corporation for the low bid price of $4,41 13,313. 08-01-94 Contract change orders nos. I & 2 approved. 9-1-94 .C!TY OF SAN BERrQRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT Norton Air Force Base is designated as a Federal Superfund Site. As such, one of the stipulations for the construction of the street improvements is that the area where excavation is performed be monitored for any evidence of the presence of contaminated material. A condition of the construction of the Street Improvements on Tippecanoe Avenue, "C. Street (Sheppard Drive), and 6th street (Del Rosa Drive) was that a Health and Safety Plan be submitted to the Air Force to define how monitoring for the presence of hazardous material during the excavation of the project would be done. The IVDA did not receive the requirement in a timely manner and, in order to expedite the project, hired an Environmental Consultant on an interim basis to cover the early portion of the project. Since that time the scope of work has been defined. The Requests for Proposals were sent to 3 environmental consultants. JEM Environmental Services was found to be the most qualified at the time to meet the project requirements and was therefore selected. The Agreement provides, in general, that JEM Environmental Services will monitor all excavations to ascertain if there are any hazardous materials present in the soil. Under the Health and Safety Plan, the Air Force will remediate any hazardous materials encountered. The consultant will be compensated at a rate of $65.00 per hour, at a total amount not to exceed $75,369.00. Funding for this project is provided from the following sources: U.S. Dept of Commerce, Economic Development Administration Grant 75% Inland Valley Development Agency 25% There will be no City funds used to finance the costs for these services. All costs will be charged to Account No. 242-362-57291. 9-1-94 711.n,li..4 E. o 0 JEM ENVIRONMENTAL SERVICES s 4S08 N. SierT. way, Sui"102 San Bernardino, CA 92401 (909) 881-0233F.. (909)881-0233 8/30/94 INLAND VALLEY DEVELOPMENT AGENCY 201 N. "E" STREET, Ste. 203 San Bemardino, CA 92401-1507 . Attn~: Alex Estrada Re: Cost Proposal for Implementing Health & Safety Plan-Norton Air Force Base In response to your request for Cost Proposal to provide Industrial Hygiene and Occupational Health Services, we hereby submit our Proposal. Presented herein is our understanding of your requirements, a description of our services and a proposed cost estimate. During the initial phase of this project, we established a working relationship with the Air Force, the Contractor and the City of San Bemardino. We have studies the Base, it's historic use and have become thoroughly acquainted with the site. Our investigations to date will be extremely useful in the successful completion of this. ~roject. JEM is a minority owned environmental consulting firm, located in San Bemardino, CA. We are adequately staffed to perform the job as defined in the Health and Safety Plan and it's addendum. All of our staff have been trained in Hazardous Materials Operations, as required. We are ready an available to begin work immediately. We look forward to continuing our work with you. Q:~ ~ /ff?~ ~mes E. Moore JEM Environmental Services 1- o SCOPE OF SERVICE o JEM proposes and agrees to preform environmental air monitoring as defined by and in accordance with the Site Health And Safety Plan for Road and Utility improvement activities at Norton Air Force Base prepared by Clayton Environmental Consultants, Inc. and the addendum to the plan. 1. Provide Health And Safety Officer to monitoring air whenever new ground disturbance activities are occurring within the construction zone. These activities include rough grading of the roadway and the excavation of trenches for underground utility lines, vaults and holes to accommodate the transplantation of matures trees. 2. Conduct regular Health and Safety Inspections. 3. Attend and Assist City's Site Superintendent in conducting weekly Safety Briefings. 4. Conduct airborne environmental investigations to identify and quantify contamination if encountered during construction. 5. Work under the direction of the City's Site Superintendent, who in consultation with the Air Force will determine the need for monitoring. 6. Maintain additional staff and equipment to provide addition~1 monitoring support as directed by City's Site Superintendent. . 7. Maintain properly serviced and functioning air monitoring equipment (OVA, O/CG/CO meters and Drager Hazmat Kit) on site at all times. 8. Provide City's Site Superintendent copies of maintenance and calibration records, and daily logs. 9. Maintain daily log of monitoring activities performed. The log shall identify the location and type of monitoring performed, as well as the results of the monitoring activity. 10. Check in and out with the City's Site Superintendent when arriving or leaving the site. 11. Maintain direct radio or telephone communication with at least one other person who is on site. The City of San Bernardino will provide communication device and other person or buddy for the HSO. .' . o o 12. Notify City's Site Superintendent of any contamination encountered. COST PROPOSAL BASIC OF PROJECTED COST 1. MONITORING Cost for a Health And Safety Officer is provided at an hourly rate projected for 675 man hours. The hours include the projected number of hours a s second monitor will be required. The hourly rate includes maintenance of written logs and provides adequate provisions of normal work supplies including but not limited to clothes, hard hat, office equipment, logs and etc. 2. EQUIPMENT Cost for equipment is provided on an hourly rate and includes one Organic Vapor Analyzer (OVA), one Oxygen/Combustible GaslCarbon Monoxide Meter (O/CG/CO) Meter) and one Drager Hazmat Kit (colorimeter Tubes) The cost includes equipment maintenance and calibration. 3. DISCOVERY OF HAZARDS/CONTAMINA TED MATERIAL Cost, in the event of the discovery of substantial amounts of contaminated material includes an hourly rate for the minimum size Team, normal work supplies for isolation, evaluation and decon. No remedial, containerization, nor disposal cost are included. The hourly rate is ba~ed on 205 man hours. 4.0 Profit and Overhead A nominal 10% profit and 10% overhead will be added to all cost. Hourly Rates Site Monitor (HSO) (Based on 675 hrs. Field Tech II Level 2 ...-;;;:;'.....,_...7 (~I Equipment (Based on 675 hrs.) .~~~~~ Hazmat Team (Based on 205 hrs.) $110.00/hr/man Team Captian Field Tech II (2) Level 4 Level 2 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 - o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JEM ENVIRONMENTAL SERVICES RELATING TO PROFESSIONAL ENVIRONMENTAL SERVICES FOR STREET IMPROVEMENTS AT THE FORMER NORTON AFB, ON TIPPECANOE AVENUE, "CO STREET AND 6TH STREET (DEL ROSA DRIVE). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authori zed and directed to execute, on behalf of said City, an agreement with JEM Environmental Services relating to the provision for Implementing the Health and Safety Plan during the construction of Street Improvements on former Norton A.F.B., a copy of which agreement is attached hereto marked Exhi bi t "A" and i ncorpora ted herei n by reference as full y as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 1/1 /II /II 9-2-94 RE: IMPLEM~TING THE HEALTH AND SAFETY PI.AN AT THE FORMER NORTO .F.B. ~, ..) 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 5 6 7 8 9 10 11 3 Bernardino at a 4 day of meeti ng thereof, he 1 d on the , 1994, by the following vote, to-wit: Counc i1 Members: NEGRETE CUR LI N HERNANDEZ OBERHELMAN DEVLIN 12 POPE-LUDLAM 13 MI LLER 14 15 16 17 18 AYES NAYS ABSTAIN ABSENT - - - - .. - - - - - - . - - - - - - - . - - .- - . Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ...p.....---.. - ,1994. 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman City Attorney By Tom Mlnor, Mayor City of San Bernardino o o EXHIBIT -A- AGREBMENT FOR PROFBSSIONAL SBRVICBS This AGREEMENT is made and entered into this day of , 1994, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and JEM ENVIRONMENTAL SERVICES, a California. cor- poration, hereinafter referred to as "ENVIRONMENTAL CONSULTANT". WIT N E SSE T H WHEREAS, city desires to obtain professional services to imple- ment the Health & Safety Plan, as specified in the "SCOPE OF SERVIC- ES", Exhibit 1, for BnviroDllent.l Konitorinq for the Con.truction Project on the I'oraer lIorton Air I'orce B..e, on Tippecanoe Avenue, "e" street, and lith street (Del Ro.. Drive). WHEREAS, in order to implement the Health & Safety Plan it i. necessary to retain the professional services of a qualified Environ- mental Consultant: and WHEREAS, Environmental Consultant i. qualified to provide said professional services: and WHEREAS, San Bernardino City council has elected to enqaqe the services of Environmental Consultant upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually aqreed, as follows: 1. SCOPE OF SERVICES Environmental Consultant shall perform those services specified in "Scope of Services" and as contained in the proposal dated , a copy of which is attached hereto as Exhibit "1" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Environmental Consultant are to comaence within seven (7) days after the City has authorized work to start by issu- ance of a Notice to Proceed. The scheduled completion dates specifi- cally set forth in Exhibit "2" attached hereto and incorporated here- in as though set forth in full will be adjusted by Enviromaental Consultant as the City authorizes the work. Such adjustments shall require city approval prior to commencement of performance of each phase. This Aqreement shall expire as specified by the Exhibit "2" schedule unless extended by written aqreement of the parties. 1 .- o o 3 . STANDARD OF PERFORMANCE Environmental Consultant shall complete all work product and design in conformance with California's Standard Specifications and Standard Drawings, and the Health , Safety Plan. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Servic- es" is made an obligation of Environmental Consultant under this Agreement, subject to any changes made subsequently upon mutual agre- ement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Environmental Consultant for the change in scope. Any change which has not been so incorpo- rated shall not be binding on either party. B. No extra services shall be rendered by Environmental Con- sul tant under this Agreement unless such extra services are autho- rized, in writing, by City prior to performance of such work. Autho- rized extra services shall be invoiced based on the schedule of rates as incorporated in Exhibit 2. 5. COMPENSATION A. The City shall reimburse the Environmental Consultant for actual costs (inClUding labor costs, employee benefits, overh_d, profit, other direct and indirect costs) incurred by the Environmen- tal Consultant in performance of the work, in an amount not to exceed 175.3".00 . B. Said compensation shall not be altered unless there is significant alteration in the scope, co.plexity or cheracter of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Environmental Consultant before commencement of performance of such significant alteration by Environmental Consultant. Any adjustment of the total cost of services will only be permitted when the Environmental Consultant establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the 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 tille period speci- fied in the Agreement for Completion of the work warrants such adjustment. 2 o o C. The Environmental Consultant is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Environmental Consultant is required to comply with prevailing wage rates in accordance with California Labor Code section 1775. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Environmental Consultant 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 Environmental Consultant 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 ten (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 Environmental Consultant. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. Section 9-10 of the Cal-Trans Standard Specification. is hereby specifically waived and not applicable to this agre..ent. The parties hereto otherwise agree not to be bound by any other require- ments for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agre_ent, by direct application to the Courts. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the ..ount payable under this Agreement, then all litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works of City, or his designee, shall have the right of general supervision over all work performed by Environmental Consultant and shall be City'S agent with re.pect to obtaining Environmental Consultant's compliance hereunder. No payment for any services rendered under this Agre_ent shall be made without prior approval of the Director of Public Works or his designee. B. The Office of Traffic Safety, the National Highway Traffic Administration, the Federal Highway Administration and the Administrator may review and inspect the Environmental Consultant's activities during the progress of the program. 3 o o 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Environmental Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Environmental Consultant shall promote affirmative action in its hiring practices and employee pOlicies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. In addition, Environmental Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap, or religion in compliance with State and Federal laws. 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 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 Environmental Consultant for all the fees, charges and services performed to City's satisfaction by Environmental Consultant, which finding of satisfaction shall not be unreasonably withheld. Environmental Consultant hereby covenants and agrees that upon termination of this Agreement for any r_son, Environmental Consultant will preserve and make immediately available to 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 Agree_nt may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Enviro~ntal Consultant from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Environmental Consultant shall be compensated for such services in accordance with Exhibit "1". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Enviromaental Consultant. Upon such notice, Environmental Consultant shall provide work product to City and City shall compensate Environmental Consultant in the manner set forth above. C. Agreement until all Following the effective date of termination of this pursuant to this section, the Agreement shall continue obligations arising from such termination are satisfied. 4 10. CONTINGE2IES o In the event that, due t~h causes beyond the control of and without the fault or negligence oT Environmental Consultant, Environ- mental Consultant fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in perfor- mance, and the City may grant to Environmental Consultant 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. Environmental Consultant shall notify city within three (3) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. -- 11. INDEPENDENT CONTRACTOR Environmental Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. Environmental Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, _y be assigned by Environmental Consultant without the written conaent of City. Any attempt by Environmental Consultant 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. 13. NOTICES All official notices relative writing and addressed to the Environmental Consultant and City: ENVIRONMF.NTAL CONSULTANT J.E.H. Environmental Services 4508 N. Sierra Way, '10 San Bernardino, CA 92401 to this Agreement shall be in following representatives of ~ Mr. Roger Hardgrave Director of Public Works/City Engineer 300 North "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Environmental Consultant may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and pel'llit Charges not specifically covered by the terms of this fees. 5 o o Agreement shall be paid as agreed by the parties hereto at the time such costs arise~ but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of city and Environmental Consultant. C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Environmental Consultant except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to City. Environmental Consultant shall maintain all records for inspection by the City, State, or their duly authorized representative. for a period of three (3) years after final payment. Environmental Con.ultant shall sign all estimates, and engineering data furnished. D. Upon completion of all work under this Agreement, Environ- mental Consultant will transfer ownership and title to City of all programs, reports, documents, plans and specifications. 15. COVENANT AGAINST CONTINGENT FEE Environmental Consultant warrants that no person or selling agency has been employ.d or retained to solicit or secure this Agreement upon an agreement or under.tanding for a commission, percentage, brokerage, or contingent fe., excepting bona fide employees or bona fide e.tabliabed comm.rcial or selling ag.ncies maintained by the Environ.ental Consultant for the purpo.e of s.curinq bu.in.... Por breach or violation of this warranty, City .hall have the right to terminate this Aqr.ement in accordance with the clau.e permitting t.rmination for cau.e and, at it. .01. di.cr.tion, to deduct from the Aqreement pric. or consideration, or otherwi.e recover, the full amount of .uch commi..ion, percentage, brokerage or contingent f... 16. HOLD HARMLESS CAUSE A. Environmental Con.ultant hereby agr... to hold City, its elective and appointive board., officera, and employees, harmless from any liability for damage or claims for damage for personal injury including d_th, a. w.ll a. from clailllll for property damage, which may arise from Env- ironmental Con.ultant's negligent acts, errors or omi..ion. under this Agreement. B. Environmental Consultant .hall indemnify, defend and hold free and harmless the City, its officer. and it. employees from all claims, damages, co.ts, expen.es, and liability, including, but not limit.d to attorney'. f... imposed upon them for any alleged infringement of pat.nt rights or copyrights of any person or p.rsons in consequence of the use by City, it. offic.rs, employe.., agent. and other duly authorized repre.entatives, of programs or proc..... suppli.d to City by Environmental Con.ultant und.r this Agreement. 6 o :> 17. INDEMNITY Environmental Consultant shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by, or with respect to third parties, which arise solely from Environmental Consultant's negligent performance of services under this Agreement. Environmental Consultant shall not be responsible for, and city shall indemnify, defend and hold harmless Environmental Consultant from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (inClUding attorney's fees) and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, 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 Environmental Consultant and City, each party shall assume responsibility in proportion to the degree of its respective fault. 18. LIABILITY/INSURANCE A. Environmental Consultant's liability to the City for injury or damage to persons or property arising out of work performed by the City and for which legal liability ..y be found to rest upon Environmental Consultant other than for professional errors and omissions, will be limited to $1,000,000. For any damage on account of any error, oaission or other professional negligence Environmental COnsultant's liability, will be limited to a sua not to exceed $50,000 or Environmental Consultant's fee, whichever is greater. B. The City will require the Environmental Consultant to provide Workers Compensation and caaprehensive general liability insurance, including completed operations and contractual liability, with coverage sufficient to insure the Environmental Consultant's indemnity, as above requiredJ and, such insurance will include the City, the Environmental Consultant, their consultants, and each of their officers, agents and employees as additional insureds. C. Environmental Consultant shall provide evidence of insurance in the form of a policy of insurance, in which the City is named as an additional named insured to the extent of the coverage required by this Agreement. 19. 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 7 o o lawful shall remain in full force and affect, and to this end the provisions of this Aqreement are declared tabe severable. 20. ENTIRE AGREEMENT This Aqreement represents the entire and inteqrated aqreement between the parties hereto and supersedes all prior and contemporaneous neqotiations, representations, understandinqs and aqreements, whether written or oral, with respect to the subject matter thereof. This Aqreement may be amended only by written instrument siqned by both parties. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 8 o o AGREEMENT FOR: Environmental Monitoring for Construction Project on the Former Norton Air Force Base with J.E.X. Environmental Service. 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. CITY OF SAN BERNARDINO BY: TOM MINOR, Mayor ATTEST: BY: RACHEL CLARK, City Clerk J .E.M. ENVIRONMENTAL SERVICES BY: Pre.ident Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: 9