HomeMy WebLinkAbout21- Public Services CITY OF SAN BERI,.ARDINO - REQUEST , OR COUNCIL ACTION
From: Manuel P. Moreno , Jr . Subject: Consultant Contract for Recycling
Facility Site Assessment
Dept: Public Services
Date: June 23 , 1993
Synopsis of Previous Council action:
Resolution #92-364 adopted on September 9 , 1992 , authorizing the
Department of Public Services to request proposals and negotiate a contract .
Resolution #93-38 adopted on February 15 , 1993 , authorizing the
Department of Public Services to enter an agreement with EMCON Associates
to study the feasibility of three potential sites for a Recycling Facility.
Recommended motion:
Adopt the resolution
Signature
Contactperson: Kevin Barnes , Refuse Superintendent Phone: 5053
Supporting data attached: Staff Report , Resolution , Ward: All
Contract , Proposal & Cost Estimate
FUNDING REQUIREMENTS: Amount: $4,624.00 _ - Refuse Division Funding
Source: (Acct. No.) 127-411-53150
Acct. Description)
Finance:
Council Notes:
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CITY OF SAN BERM_ .RDINO - REQUEST i JR COUNCIL ACTION
STAFF REPORT
BACKGROUND
The Department of Public Services was authorized by Resolution No.
93-38 in February 1993 to contract with EMCON Associates, an
environmental engineering firm, for a study comparing the feasibility
of three sites in San Bernardino for establishment of a regional
Material Recovery Facility (MRF) . A MRF is a clean, modern
industrial building in which recyclables are recovered from the waste
stream and nonrecyclable material is loaded for shipment to a
landfill. San Bernardino and surrounding cities are planning to use
a regional MRF in order to meet the 25% and 50% recycling mandates of
the California Integrated Waste Management Act (AB 939) . This
represents an enterprise opportunity for San Bernardino as the only
East Valley agency capable of establishing a MRF at this time.
CURRENT ACTION
All sites but one were eliminated from further consideration by the
administrative draft of the site feasibility study. The next logical
step is to perform a full site assessment on the one remaining site
in order to facilitate a GO/NO GO decision on undertaking a project.
The consultant, EMCON Associates, has quoted a cost of $4, 624 . 00 to
perform this task. This price takes into consideration EMCON's
familiarity with the project as well as incorporating existing data
from the current study.
RECOMMENDATION
Staff recommends adoption of the resolution authorizing execution of
an agreement (Exhibit A) by and between EMCON Associates and the
Public Services Department to perform a site assessment per the
description of duties contained in (Exhibit A) for a fee of $4, 624 . 00
to be paid from the Refuse Division Enterprise Fund.
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75.0264
RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON ASSOCIATES AND THE
2 PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
4 SECTION 1. The Mayor is hereby authorized and directed to
5 execute on behalf of said City an Agreement by and between EMCON
6 Associates and the City of San Bernardino on behalf of the Public
7 Services Department, a copy of which is attached hereto, marked
8 Exhibit "A" and incorporated herein by reference as fully as though
9 set forth at length.
10 SECTION 2. The authorization to execute the above referenced
11 agreement is rescinded if the parties to the agreement fail to
12 execute it within sixty (60) days of the passage of this resolution.
13 I HEREBY CERTIFY that the foregoing resolution was duly adopted
14 by the Mayor and Common Council of the City of San Bernardino at a
15 meeting thereof, held on the day of
16 1993 , by the following vote, to wit:
17 Council Members: Ayes Nays Abstain Absent
18 NEGRETE
19 CURLIN
20 HERNANDEZ
21 OBERHELMAN
22 OFFICE VACANT
23 POPE-LUDLAM
24 MILLER
25
26 City Clerk
27
June 23 , 1993 1
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
• EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON ASSOCIATES AND THE
1 PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO.
2
3 The foregoing resolution is hereby approved this day of
1993 .
4
5 TOM MINOR, Mayor
City of San Bernardino
6 Approved as to form and
7 legal content:
8 James F. Penman,
City Attorney
9
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10 By:
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June 23 , 1993 2
28
Exhibit "A"
a AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
This AGREEMENT is made and entered into this
day of , 1993 , by and between the CITY OF SAN
BERNARDINO ("CITY") and EMCON ASSOCIATES, a California corporation,
hereinafter referred to as "CONSULTANT. "
THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF SERVICES:
CONSULTANT shall perform a site assessment of a proposed
solid waste transfer station/material recovery site for the PUBLIC
SERVICES DEPARTMENT as specified in the proposal dated June 25,
1993 , a copy of which is attached hereto as Exhibit "B" and
incorporated as though set forth in full.
2. TERMS
This Agreement shall commence upon execution of this
contract by both parties, and shall remain in full force and effect
for a period of 60 days unless terminated sooner as provided
herein. The City Administrator or designee is authorized to extend
this Agreement for up to 60 additional days and approve adjustments
to the Agreement's program budget as long as either of such
amendments are upon the same terms and conditions as specified
herein, and as long as such adjustments are within the City
Administrator's contracting authority.
Page 1 of 11
3. CITY SUPPORT:
CITY shall provide CONSULTANT with documents, and support
services, as specified in Exhibit "B. "
4. CONSULTANT RESPONSIBILITIES:
The CONSULTANT may reasonably rely upon the accuracy of
data provided through the CITY or its agents without independent
evaluation. CONSULTANT shall complete the work program described
in Exhibit "B. " CONSULTANT commits the principal personnel listed
below to the project for its duration:
CONSULTANT: Michael Dean
Vice President
EMCON Associates
and his staff.
5. REPLACEMENT OF NAMED PERSONNEL:
It has been determined that the individuals named in this
Agreement are necessary for the successful performance of this
Agreement. No diversion or replacement of these individuals shall
be made by CONSULTANT without written consent of the City
Administrator or designee, provided that CITY may ratify, in
writing, within ten (10) days of diversion or replacement and such
ratification shall constitute the consent of CITY required by this
clause. If CITY fails to respond to CONSULTANT within ten (10)
days of notification by CONSULTANT, said personnel diversion or
replacement shall be deemed approved.
6. CHANGES/EXTRA SERVICES:
A. Performance of the work specified in the proposal is
made an obligation of CONSULTANT under this Agreement, subject
to any changes made subsequently upon mutual agreement of the
Page 2 of 11
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 CONSULTANT for the
change in scope. Any change which has not been so
incorporated shall not be binding on either party.
B. No extra services shall be rendered by CONSULTANT
under this Agreement unless such extra services are
authorized, in writing, by the City Administrator or designee
prior to performance of such work. Authorized extra services
shall be invoiced based on prior approval by the City
Administrator or designee.
C. Any extra services which cause the total cost of
CONSULTANT's services to exceed four thousand six hundred
twenty four dollars ($4, 624) must be approved by the Mayor and
Common council of the CITY.
7. COMPENSATION:
A. During the term of this Agreement, CITY shall pay
CONSULTANT, the fixed, not-to-exceed fees described in the
cost estimate on Page 12 of Exhibit "B" . Said compensation
shall be considered full and complete reimbursement for all of
CONSULTANT's costs associated with the services provided
hereunder. The maximum compensation for services, including
all CONSULTANT's costs, under the terms of this Agreement,
shall not exceed four thousand six hundred twenty four dollars
($4, 624) .
Page 3 of 11
B. Said compensation shall not be altered unless there
is significant alteration in the scope, complexity or
character of the work to be performed. Any such significant
alteration shall be agreed upon, in writing, by the City
Administrator and CONSULTANT before commencement of
performance of such significant alteration by CONSULTANT.
Any adjustment of the total cost of services will
only be permitted when the CONSULTANT establishes and City
Administrator 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/or,
3) Duration of work, if the change from the time period
specified in the Agreement for Completion of the work
warrants such adjustment. Any such adjustment which
causes the total cost of CONSULTANT's services to exceed
four thousand six hundred twenty four dollars ($4, 624)
must be approved by the Mayor and Common Council.
S. PAYMENT:
A. The billings for all services rendered pursuant to
this Agreement shall be submitted by CONSULTANT to the City
Administrator or designee, based on Item 7 , Compensation,
above, and in the manner and form as prescribed by the City
Page 4 of 11
................
Administrator. Deliverables as specified in Exhibit "B" shall
be completed prior to each payment and prior to final payment.
B. Should litigation be necessary to enforce any term
or provision of this Agreement, or to collect any portion of
the amount payable under this Agreement, all litigation and
collection expenses, witness fees and court costs, and
attorney's fees shall be paid to the prevailing party.
9. RIGHT TO AUDIT:
The CITY or any of its duly authorized representatives
shall have access to any books, documents, paper and records
of the CONSULTANT and/or its subcontractors which are
pertinent to the specific program hereunder for the purpose of
making an audit, an examination, excerpts and transcriptions.
All books, records and supporting detail shall be retained for
a period of five (5) years after the expiration of this
Agreement, or any extension thereof, or for any longer period
of time as required by law.
10. COMPLIANCE WITH CIVIL RIGHTS LAWS:
CONSULTANT or any subcontractor of CONSULTANT shall not
discriminate in its recruiting, hiring, promotion, demotion or
termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age or physical
handicap in the performance of this Agreement and shall comply
with the provisions of the State Fair Employment Practices Act
as set forth in Part 4 .5 of the Division 2 of the California
Labor Code, the Federal Civil Rights Act of 1964 , as set forth
Page 5 of 11
in Public law 88-352 , and all amendments thereto; Executive
Order 11246; and, all administrative rules and regulations
issued pursuant to such acts and order.
11. 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 CONSULTANT for all fees,
charges and services performed in acordance with the terms and
schedule in Exhibit "B" by CONSULTANT. CONSULTANT hereby
covenants and agrees that upon termination of this Agreement
for any reason, CONSULTANT will preserve and make immediately
available to CITY, or its designated representatives, notes,
data, correspondence, or records related to work paid for 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 thirty (30) 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 CONSULTANT from any claims,
losses, costs, including attorney's fees, and liability
Page 6 of 11
arising out of such use. CONSULTANT shall be compensated for
such services in accordance with Exhibit "B. "
B. This Agreement may be terminated for the convenience
of the CITY upon thirty (30) days' written notice to
CONSULTANT. Upon such notice, CONSULTANT shall provide work
product to CITY, and CITY shall compensate CONSULTANT for
deliverables completed to date.
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.
12 . CONTINGENCIES:
In the event that, due to causes beyond the control of
and without the fault or negligence of CONSULTANT, CONSULTANT
fails to meet any of its obligations under this Agreement, and
such failure shall not constitute a default in performance,
and the CITY may grant to 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. CONSULTANT shall
notify CITY within three (3) calendar days, in writing, when
it becomes aware of any event or circumstance for which it
claims or may claim an extension.
Page 7 of 11
D
13. INDEPENDENT CONTRACTOR:
CONSULTANT shall act as an independent contractor in the
performance of the services provided for under this Agreement.
CONSULTANT shall furnish such services in its own manner and
in no respect shall it be considered an agent or employee of
the CITY.
14. ASSIGNMENT OR SUBCONTRACTING:
Any attempt by CONSULTANT to assign or subcontract any
performance of this Agreement to any other subcontractor
without the written consent of the CITY shall be null and void
and shall constitute a breach of this Agreement. The
subcontract shall contain all provisions of this contract.
15. NOTICES:
All official notices relative to this Agreement shall be
in writing and addressed by certified mail or receipt
acknowledged hand delivery to the following representatives of
CONSULTANT and the CITY:
CONSULTANT CITY
Mr. Mike Dean Ms. Shauna Clark
Vice President City Administrator
EMCON Associates City of San Bernardino
140 Camino Ruiz 300 North "D" Street
Camarillo, CA 93012-6700 San Bernardino, CA 92408
16. SEVERABILITY AND VALIDITY:
In the event that any provision herein contained is held
to be invalid, void, or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect,
Page 8 of 11
impair, or invalidate any other provision contained herein.
If any such provision shall be deemed invalid due to its scope
or breadth, such provision shall be deemed valid to the extent
of the scope or breadth permitted by law.
17. INDEMNITY•
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 from
CONSULTANT's negligent performance of services or from any
Worker's Compensation Claims of any employees, agents, or
subconsultants of CONSULTANT for services performed under this
Agreement. CONSULTANT shall not be responsible for, and CITY
shall indemnify, defend and hold harmless 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, proceeding, 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 or Workers' Compensation claims of
Page 9 of 11
CONSULTANT and CITY, each party shall assume responsibility in
proportion to the degree of its respective fault.
18. LIABILITY/INSURANCE:
A. CONSULTANT's liability insurance for injury or
damage to persons or property arising out of work for which
legal liability may be found to rest upon CONSULTANT other
than for professional errors and omissions, shall be
comprehensive general liability with combined single limit of
not less than $1, 000, 000 per occurrence. This is a minimum
level of insurance only, and shall not be construed as
limiting CONSULTANT's liability in any way. For any damage on
account of any error, omission, or other professional
negligence, CONSULTANT's insurance shall be limited in a sum
not to exceed $50, 000 or CONSULTANT's fee, whichever is
greater.
B. CONSULTANT shall provide evidence of insurance in
the form of a policy of insurance, in which the City of San
Bernardino is named as an additional insured to the extent of
the coverage required by this Agreement.
19. ENTIRE AGREEMENT:
This Agreement represents the entire and integrated
agreement between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understanding 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.
Page 10 of 11
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.
Date Signed
CITY OF SAN BERNARDINO
By:
Tom Minor, Mayor
EMCON ASSOCIATES
By:
By:
ATTEST:
City Clerk
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: J
Page 11 of 11
i Exhibit "B"
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PROPOSAL FOR ENVIRONMENTAL
I SITE ASSESSMENT
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I Prepared for
I City of San Bernardino
l Public Services Department
' June 25, 1993
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Prepared by
EMCON Associates
1420 East Cooley Drive, Suite 100
i
Colton, California 92324-3941
Project P93-061.61
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CONTENTS
IILLUSTRATIONS
1 INTRODUCTION 1
1.1 Background 1
1.2 Site Description 1
1.3 Objectives of an Environmental Site Assessment 4
i
2 TECHNICAL APPROACH 6
2.1 Phase I Environmental Site Assessments 6
l 2.2 Phase II Environmental Site Assessments 7
3 SCOPE OF WORK 8
3.1 Phase I Environmental Site Assessment g
3.2 Phase II Environmental Site Assessment q
I 3.3 Reporting 10
4 PROJECT EXPENDITURES 12
AUTHORIZATION AND AGREEMENT 13
APPENDIX A ENVIRONMENTAL ASSESSMENT ADDENDUM
SCHEDULE OF CHARGES
TERMS AND CONDITIONS
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93-061.61 11
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ILLUSTRATIONS
Figures
1 Site Location Map 2
2 Vicinity Map 3
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1 INTRODUCTION
In May of 1993, EMCON Associates completed a Alternative Site Feasibility Analysis
of four potential properties for development of a Transfer Station Material Recovery
Facility (TS/MRF) to serve the City of San Bernardino and possibly surrounding
communities. The four sites were evaluated using 7 primary criteria to examine the sites
j development potential. Of the four sites originally evaluated as part of the project, one
site has been selected for further consideration including conceptual site layout/design and
evaluation for purchase.
Prior to initiating negotiation to purchase the
property it is prudent to attempt to
determine whether past activities at or near the subject site have impacted soils and
i thereby impacting the potential purchase price. This proposal for Environmental Site
1 Assessments is intended to evaluate known or potential environmental concerns at or near
the subject property.
r
1.1 Background
The two parcels comprising the subject property under consideration are located in
northwestern San Bernardino and have been associated with several previous land uses.
Known historical uses near the site include Camp Ono, and a lead acid battery
�= maintenance and repair facility. Both of these former land uses warrant a closer
examination of the subject property in an attempt to determine whether these past
activities at or near the subject property have affected on-site soils, and thereby impacting
the potential purchase price.
Because the Alternatives Site Feasibility Analysis completed in May 1993, included many
of the same investigations associated with an Environmental Site Assessment,only limited
I additional records searches and field investigations will be necessary to complete this
scope of work.
1.2 Site Description
The site is located upon two contiguous parcels located on Industrial Parkway south of
! Palm Avenue in the northwest area of the City (Figure 1). Total acreage of the two
parcels under consideration is approximately 25 acres (Figure 2). The site is bounded by
Col/wp/propoullsdoo.prp-93/rjk.0
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AREA = 25.0 Acres Gross
(24.2 Acres Net)
INDUSTRIAL
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SCALE IN FEET
CO.
City of San Bernardino FIGURE
Emcon Environmental Site Assessment
Associates 2
1420 East C*clei Ds+•. suit. loo PROJECT NO.
Caton. G 92324 (909) 324-9ess Vi r l I\I ITY MAP
Palm Avenue to the north, vacant land and the San Bernardino Steel Company to the
south, Industrial Parkway and the 215 Freeway to the east and the AT&SF main railway
and Cajon Blvd. to the west.
The site is generally level undeveloped property which has off site improvements
including street lights, water, and sewer. Ingress and egress to the site is provided off
Industrial Parkway.
1.3 Objectives of an Environmental Site Assessment
i The objectives of an ESA are: (1) to assess whether past or present uses of the property
may have resulted in adverse environmental impacts, (2) to evaluate the potential that off-
= site sources may have adversely impacted the site, and (3) to provide a report that
identifies confirmed and potential environmental impacts and liabilities. Additionally, the
environmental assessment process is typically separated into two categories:
(1) Phase I, or initial, environmental assessments, which entail document review,
a visual site inspection, and data base searches for environmental concerns on,
or in the vicinity of, the subject property. Phase I assessments provide an
overview of the property and present encountered, or potential,environmental
concerns developed during the assessment process. No sampling or
t laboratory analyses of encountered or potential environmental concerns are
t performed during a typical Phase I assessment.
(2) Phase II environmental assessments, which entail additional investigation of
the environmental concerns raised during the Phase I assessment. Phase 11
assessments can include further document searches as well as sampling and
laboratory of known or sus
� rY anal ses Y petted environmental concerns.
! In order to satisfy the objectives of the City for an appropriate location for a TS/MRF,
iEMCON proposes to perform both Phase I and Phase II ESAs for the subject property.
However, in the case of the property under consideration by the City, a great deal of the
efforts associated with a Phase I ESA were performed during the alternative site
feasibility analysis. Therefore, the efforts and expenditures associated with performing
a Phase I ESA will be reduced by taking advantage of previous work.
Even though previous investigations concerning the subject property have not encountered
evidence of environmental concerns, EMCON suggests that it is prudent to pursue at least
a limited Phase II assessment. The rationale for proposing a Phase II assessment at this
time is presented below:
• The subject property is located in an area which is, or has been, utilized for
commercial/induswW activities that, therefore, present a potential for
environmental impacts to property. It is considered judicious not to discount the
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possibility of environmental impacts to the property until the available `
Iinformation is reviewed an completed in a Phase I report.
• Even if the Phase I assessment indicates that environmental concerns are not
anticipated on the subject property, the type of facility proposed for the property
suggests that a Phase II assessment is prudent for two reasons. First, the
sampling and analyses (in this case restricted to soil sampling) associated with
ya Phase II assessment can confirm the findings of the Phase I assessment. That
is, environmental concerns either exist, or don't, at the property. Second, soil
I sampling and analysis at the property will establish a "base line" for
environmental conditions at the property prior to implementing a MRF/I'S.
The details of performing the Phase I and II ESAs are included in Section 2, Technical
Approach and Section 3, Scope of Work, with costs associated with both assessments
presented in Section 4, Project Expenditures.
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2 TECHNICAL APPROACH
I Phase I and II ESAs are complementary investigations in which the information collected
in one phase is augmented by the second phase. A Phase I ESA is designed to evaluate
known or potential environmental concerns at or around a given site. A Phase II ESA
develops the information gathered in the Phase I ESA and gathers further information, if
I necessary, and/or collects samples from the subject property for laboratory analyses to
confirm or refute the previous findings. The types of information evaluated and efforts
required for Phase I and II ESAs are presented in the following sections.
2.1 Phase I Environmental Site Assessments
The objectives of a Phase I ESA are: 1 h
( ) to assess whether er past or present uses of the
property may have resulted in adverse environmental impacts, (2) to evaluate the potential
that off-site sources may have adversely impacted the site, and (3) to provide a report that
identifies confirmed and potential environmental impacts and liabilities.
ITo meet these objectives, the following tasks are performed:
f • Review available environmental reports.
• Review historic land use records and files.
• Review pertinent regulatory agency documents.
` • Review available current and historical aerial photographs of the sites and
adjacent properties.
• Perform a visual reconnaissance of adjacent properties.
• Perform an on-site reconnaissance of the subject property.
Preparation of Phase I ESA report.
As previously referenced, much of the effort associated with a Phase I ESA has already
been performed during previous work associated with this property. For example, both
on- and off-site reconnaissance have been performed and a review of aerial photographs
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has been completed. Additionally, the reviews of environmental reports, land use records,
l and regulatory agency documents are partially completed. Therefore, all that remains is
I completing the above-referenced reviews and preparation of the Phase I ESA report.
j2.2 Phase II Environmental Site Assessments
The objectives of a Phase II ESA are essentially the same as those of a Phase I.
However, the Phase II ESA develops the known or potential environmental concerns
revealed in the Phase I assessment with greater detail and/or performs sampling and
laboratory analyses for items of concern. A Phase H ESA is not necessary to supplement
all Phase I assessments; it is typically performed when: (1) items of environmental
concern are encountered or strongly suspected based on the Phase I ESA, or (2) the party
interested in acquiring a given property requires additional confirmation and confidence
that potential environmental liabilities have been minimized.
IPhase II ESAs typically contain the following tasks:
• Additional investigations to confirm and/or verify findings or sources of
information.
• Interviews with current and past owners of the subject and adjacent properties
to gather further insight on past and present land uses at and around the property
of concern.
• Collection of samples for laboratory analyses. Sampling and analyses is
performed on materials known or suspected of presenting environmental
concerns. Sampling and analyses are typically performed on:
• Known or potential hazardous substances or wastes.
Building materials (such as asbestos) with a known or suspected potential
for environmental concern.
I
• On-site soils with known, or potential for containing, environmental
concerns.
• Surface water or ground water with known, or a potential for containing,
substances which could negatively impact the subject property.
Previous investigations concerning the subject property have indicated that environmental
concerns are not expected. Furthermore, it is anticipated that a Phase H ESA for this
I property would be restricted to confirming sources of information and/or collecting
shallow soil samples for laboratory analyses to confirm the findings of the Phase I
assessment.
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3 SCOPE OF WORK
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The proposed scope of work for this project has been separated into three logical groups
of tasks: (1) completing the Phase I ESA, (2) performing any necessary Phase II ESA
confirmation and/or verification, and (3) preparation and submittal of a final report
containing all assessment activities performed. The following sections present the tasks
contained in the proposed scope of work.
3.1 Phase I Environmental Site Assessment
Because the majority of the efforts typically performed in a Phase I ESA were completed
in the site feasibility study, only small amount of additional research remains to complete
the Phase I assessment. Previous environmental investigations concerning this property
evaluated the state and federal environmental data bases used in a Phase I evaluation,
l contacted local regulatory agencies for information on environmental violations for the
I site and surrounding properties, performed a visual inspection of the site and surrounding
properties, and examined current and historical aerial photographs of the site and vicinity.
I The remaining work necessary to complete a Phase I ESA for the subject property is
t presented below by task.
Task 1: DEHS Data Base Search
The San Bernardino County Department of Environmental Health Services (DENS)
offers a search and retrieval service for records concerning permits and violations
of environmental policies in their jurisdiction. This is a valuable resource because
the information contained in their data base is more extensive than the information
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available "over the counter." Additionally, the information recovered by the data
base search typically contains infor nation not included or available in the DEHS
1 records maintained for public access. Completing a DEHS data base search will
reveal information on all the records that the DEHS has for the subject property.
Specifically, what permits were issued for the containment or disposal of hazardous
` materials and/or substances, when was the property inspected by DEHS personnel
and what were their findings, and what environmental violations, if any, were filed
against previous occupants of the property.
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At the direction of the City, EMCON will instruct the DEHS to perform a data base
I search for the property of interest. Please be advised that the DEHS typically
requires a minimum of six weeks to complete their data base search.
Task 2: 50-Year Chain of Title
A 50-year chain of title will provide historical information concerning the previous
j property owners and can provide insight on activities potentially performed on-site.
Additionally, the chain of title establishes continuity of ownership for the property
and the 50-year time span is considered sufficient to document the period of time
when environmental impacts would have the greatest likelihood of occurring.
Upon authorization by the City, EMCON will perform a 50-year chain of title
evaluation of the property of interest.
Task 3: Collate Data
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The process of performing a Phase I ESA generates a tremendous amount of data
for evaluation. However, the raw data is not "user friendly" and requires processing
into a concise, organized, and meaningful format. The purpose of this task is to
organize the information collected from local, state, and federal agencies, the results
of data base searches, interpretations of aerial photographs, and site inspection
observations into a useful format.
I3.2 Phase II Environmental Site Assessment
As referenced above, the purpose of a Phase II ESA is to provide additional assessment
of a property to resolve environmental concerns raised during the Phase I assessment, or
to collect additional information verifying the results of the Phase I. In the case of the
property under consideration by the City, investigations performed during the feasibility
i analysis indicate that the likelihood of environmental impacts is low. However, the
reported presence of a facility on a adjacent property that processed lead-acid batteries
raises the issue of a potential off-site source of soil contamination impacting the subject
property. Therefore, it is considered prudent to perform a Phase II assessment of the
property to collect and submit soil samples for laboratory analyses. Efforts associated
` with performing a Phase II ESA are presented below by task.
Task 1: Soil Sampling and Analyses
EMCON proposes to collect up to twelve (12) soil samples for laboratory analyses
from appropriate locations (in consultation with the City) to investigate the
possibility that the lead-acid battery processing facility reportedly adjacent to the
subject property has impacted soils at the subject property. EMCON will collect
soils samples with a hand-auger to advance borings two (2) feet below the ground
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P93-061.61 9
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surface, from which undisturbed soil samples will be recovered utilizing a drive
1 sampler with brass or stainless steel sleeves for sample retention. All augering and
sampling equipment will be cleaned with Alconox (a regulatory agency approved
cleaning detergent) prior to sampling and between sampling events to reduce the
potential for introducing contaminants or cross contamination between borings.
Sample sleeves, with recovered soil samples, will be sealed with Teflon film
secured with plastic end caps, each sample labeled with a unique identification
number, and transported to a state-certified analytical laboratory following U.S.
EPA protocol, including chain-of-custody documentation. All soil samples
submitted to the laboratory will be analyzed for pH level and total lead
concentration. The pH analyses will indicate the acidity of the soil and the total
lead analyses will evaluate the concentration of lead in the soils at each sampling
location. The combination of these analyses will provide documentation concerning
potential off-site impacts by the reported lead-acid battery processing facility.
INote: The performance of collecting soil samples for laboratory analyses is based
on the assumption that the City of San Bernardino shall secure the right of access
for EMCON to enter the subject property for the purpose of hand augering soil
boring and collecting soil samples.
Task 2: Additional Data Evaluation (Optional)
r
At this time, based on the information encountered during the feasibility analysis,
it does not appear that the subject property has been impacted by on- or off-site
sources of environmental concern. However, the DEHS data base search and 50-
year chain of title have not yet been completed. Therefore, the potential exists for,
as yet undiscovered, sources of on- and/or off-site sources of environmental
concern, which would require additional evaluation to resolve their impact and
relative risk to the subject property.
The purpose of this optional task to set aside funding for expenditures associated
with evaluating ambiguities, which may arise from the DEHS data base search
! and/or the 50-year chain of title investigation. Additionally,expenditures associated
( with this task are considered discretionary and would only be used upon written
authorization from the City, should a demonstrable need arise.
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3.3 Reporting
Upon completion of tasks associated with both the Phase I and Phase II ESAs, one report
will be prepared and submitted to the City, which will contain the findings and results of
both phases of the environmental assessment. The final report will contain, but not be
limited to, the following items:
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• Results of state and federal data base searches
I • Results of the DEHS data base search
• Results of local agency investigations
• Interpretations of current and past aerial photographs
• Observations recorded during visual inspection
of site and vicinity
I • Analytical results from soil sampling and analyses
• Conclusions and recommendations.
Expenditures involved with performing the tasks introduced in Sections 3.1 through 3.3
are presented in the next section, Project Expenditures.
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P93-061.61 11
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I 4 PROJECT EXPENDITURES
Estimated expenditures of performing a Phase I and II environmental site assessments at
the property under consideration by the City of San Bernardino are presented below by
task.
Phase I Environmental Site Assessment
Task 1: DEHS Data Base Search $400
Task 2: 50-Year Chain of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250
I Task 3: Collate Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,200
l Phase I ESA Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,850
( Phase H Environmental Site Assessment
ITask 1: Soil Sampling and Analyses
Estimated labor: 8 hours @ S65/hr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $520
12 samples analyzed for pH @ $l7/sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $204
12 samples analyzed for lead @ S25/sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300
/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Task I Subtotal . . . . . . . $1,024
i Task 2: Additional Data Evaluation (Optional)
Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500
Phase II ESA Subtotal (w/Task 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,524
FinalReport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,250
Total Estimated Expenditures (w/ Phase II, Task 2) . . . . . . . . . . . . . . . . $4,624
Total Estimated Expenditures (w/o Phase II, Task 2) . . . . . . . . . . . . . . . . $4,124
CoUwo1proposaUsdw.prp-93/rjk:0 Rev.0,060193
P93-061.61 12
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AUTHORIZATION AND AGREEMENT
If the scope of work and estimated expenditures presented above are consistent with your
understanding of the requirements of the City of San Bernardino for environmental site
assessments at the referenced property, please return one copy of this proposal with
authorizing signatures on this page and the attached Environmental Assessments
Addendum.
The above proposal, including all attachments, has been read and understood and
is hereby agreed to and accepted. It is agreed that the attached "Schedule of
Charges," "General Terms and Conditions" (which contains a limitation of liability
provision), and Addendum(s), if any, form an express part of the Contract, as
evidenced by my signature below:
City of San Bernardino
By Date
Name Title
(please print)
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P93-061.61 13
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APPENDIX A
ENVIRONMENTAL ASSESSMENT ADDENDUM
SCHEDULE OF CHARGES
TERMS AND CONDITIONS
I
Client: City of San Bernardino
Project/Proposal No.: P93-061 . 61
Addendum 1 To Above Contract
ENVIRONMENTAL ASSESSMENTS
Environmental assessments provide an additional source of information regarding the environmental
condition of a particular property or facility. The report to the Client is a professional opinion and
judgement, dependent upon EMCON's knowledge and information obtained during the course of
performance of the services.
Environmental conditions may exist at the site which cannot be identified only by visual observation.
Where the scope of services is limited to observations made during site reconnaissance, interviews and/or
review of readily available reports and literature, any conclusions and/or recommendations are necessarily
based in part on information supplied by others, the accuracy or sufficiency of which may not be
independently reviewed by us.
No investigation is thorough enough to exclude the presence of hazardous materials at a given site.
Therefore, if no hazardous materials are identified during the assessment, such a finding should not be
construed as a guarantee of the absence of such materials on the property, but rather the results of services
performed within the scope, limitations, and cost of the work performed.
IWhere subsurface woric is performed, our professional opinions are based in part on interpretation of data
from discrete sampling locations which may not represent actual conditions at non-sampled locations.
Therefore, it is understood and agreed by the parties that a full and complete determination as to whether
a certain piece of land is or is not free of environmental impairment cannot and will not be made by
EMCON.
Any opinions and/or recommendations presented apply to site conditions existing at the time of
performance of services. We are unable to report on or accurately predict events which may impact the
site following performance of the described services, whether occurring naturally or caused by external
forces. We assume no responsibility for conditions we are not authorized to investigate, or conditions not
generally recognized as environmentally unacceptable at the time services are performed.
We are not responsible for changes in applicable environmental standards, practices or regulations
following performance of services.
All provisions of EMCONs General Terms and Conditions, attached hereto and made a part hereof,shall
govern services related to environmental assessments.
City of San Bernardino EMCON Associates
CLIENT
By By
Print Name Print Name Martin T. C z e r n i a k
Title Tide Branch Manager
�. . Date
Date s, /yy 7
�' (Rev. 1/92).�+.a..doc
Emcon
Effective January 1, 1992
ASSOCIATES
SCHEDULE OF CHARGES
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PERSONNELCHARGES
Rate Per Hour
Professional
Senior Executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130 - 140/hr
Executive Managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100 - 132/hr
Project Managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$87 - 122/hr
Senior Technical Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$87 - 122/hr
Certified Industrial Hygienists/Toxicologists . . . . . . . . . . . . . . . . . . . . . . $87 - 122/hr
Technical Staff . . . . . . . . . . . . . . . . . . -
. . . . . . . . . . . . . . . . . . . . . $56 89/hr
Technical
I
Samplers/Field Technicians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$35 - 57/hr
Drafters/CAD Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$63 - 89/hr
Technical Writers/Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 - 69/hr
Project Assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56 - 69/hr
Schedulers/Coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56 - 69/hr
Non-Technical
I Word Processors (includes equipment) . . . . . . . . . . . . . . . . . . . . . . . . .$46 - 50/hr
Secretaries/Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32 - 50/hr
Contract Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $44 - 62/hr
Accounting Clerks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 - 50/hr
Reproduction/Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32 - 50/hr
Depositions and Expert Witness Testimony, including preparation time, will be charged at 150%of
the above rates.
Travel Time will be charged in accordance with the above rates, up to a maximum of 8 hours per
day.
DIRECT CHARGES
Xerox Reproduction, per sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0.15
Auto or Pickup Truck per mile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.47
4 x 4 Trucks per mile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0.58
Blueprints per square foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0.13
Mylar per square foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.50
Fax per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00
Storage of samples per month per container ' . . . . . . . . . . . . . . . . . . . . . . . . . .$5.00
Disposal per container ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00
'A container is defined as a standard core box, a capped Shelby tube, or a sealed five gallon
bucket.
ADM WCPSC.JMW 1 of 2 Form D-2 Rev. 1/92
a
OUTSIDE SERVICES
Charges for special outside services, equipment and facilities not furnished directly by EMCON
Associates will be billed at cost plus 15 percent. Such charges may include, but shall not be
limited to, the following services: f
Printing and photographic reproduction Rental and operation of drilling equipment `
Rented vehicles Rented field equipment
Transportation on public carriers Shipping charges
Subconsultants Meals and Lodging
Special fees, permits, insurance, etc. Consumable Materials rr
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SUPPLEMENTAL SCHEDULES OF CHARGES
• Soils Laboratory - Chargeable Equipment f
• Chemical Laboratory
Computer Charges
Routine Applications (excluding word processing) . . . . . . . . . . . . . . . . . . $15 - 20/hr
CAD/Modeling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 - 30/hr
Rate Changes l
Schedule of Charges and Standard Equipment Rates are subject to change without notice.
Payment
Monthly invoices are to be paid within 30 days from invoice date. Interest on late payments will be
charged at the rate of 18% per annum.
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ffflCOf1 GENERAL TERMS AND CONDITIONS
♦{•OC �TE{
PROFESSIONAL RESPONSIBILITY. EMCON Associates (EMCON) shall perform services consistent with skill and
( care ordinarily exercised by other professional consultants under similar circumstances at the time services are performed,
subject to any limitations established by Client as to degree of care, time or expense to be incurred or other limitations of this
Agreement. No other representation, warranty or guaranty, express or implied, is included in or intended by EMCON's
services,proposals,agreements or reports.
RELATIONSHIP OF PARTIES. Nothing shall be construed or interpreted as requiring EMCON to assume the status of
owner,operator, generator, person who arranges for disposal, transporter or Storer, as those terms or any other similar terms
are used in any federal state or local statute, regulation, ordinance or order governing the treatment, handling, storage or
disposal of any toxic or hazardous substance or waste.
BILLING AND PAYMENT. Invoices will be submitted monthly and shall be due and payable on receipt. Interest at the
rate of one and one-half percent (1.5%), but not exceeding the maximum rate allowable by law, shall be payable on any
amounts that are due but unpaid within thirty (30) days from receipt of invoice, payment to be applied first to accrued late
payment charges and then to the principal unpaid amount. EMCON may,at its option, withhold delivery of reports and any
other data pending receipt of payment for services rendered.
LIMITATION OF LIABILITY. Client agrees to limit the liability of EMCON, its officers, directors, shareholders,
I employees,agents,and representatives ("EMCON Parties") to Client for all claims and legal proceedings of any type arising
out of or relating to the performance of services under this Agreement (including but not limited to EMCON's breach of the
Agreement, its professional negligence, errors and omissions and other acts) to the greater of 5100,000 or the amount of
EMCON's fee. Failure of Client to give written notice to EMCON of any claim of negligent act,error or omission within one
(1 ) year of performance shall constitute a waiver of such claim by Client. In no event shall EMCON be liable for any
indirect,special or consequential loss or damages.
INDEMNIFICATION. Subject to the limitation of liability above, EMCON shall indemnify, defend and hold harmless
Client from any claim, suit, liability, damage, injury, cost or expense, including attorneys fees, or other loss (hereafter
collectively called "Loss") arising out of (a) EMCON Parties' breach of this Agreement or (b) EMCON Parties' willful
misconduct or negligence in connection with the performance of the Services under this Agreement.
Client agrees to indemnify,defend and hold harmless EMCON Parties from any Loss arising out of(a) Client's breach of the
Agreement,(b) Client's willful misconduct or negligence in connection with performance of the Agreement, or(c) any acts
taken or alleged failure to act with respect as to matters covered in the section titled REPORTING AND DISPOSAL. Client
further agues to indemnify EMCON Parties to the fullest extent permitted by law against any Loss arising out of any actual
or potential environmental contamination or pollution, including without limitation,any actual or threatened release of toxic
or hazardous materials or the failure to detect or properly evaluate the presence of or design and implement remediation of
such substances. Without limiting the generality of the foregoing, Client specifically agrees to indemnify, defend and hold
EMCON Parties harmless for any Loss under CERCLA, RCRA or any other similar federal, state or local environmental
regulation, order or ordinance, where such Loss arises out of or relates to any preexisting actual or potential contamination
and/or EMCON Parties' performance of services under this Agreement, but does not arise out of EMCON Parties' willful
misconduct or gross negligence. Client further agrees to indemnify,defend and hold harmless the EMCON Parties from any
loss in excess of the liability limit set forth in the section titled LIMITATION OF LIABILITY and from any indirect,special
or consequential loss or damages.
TIME OF PERFORMANCE. EMCON makes no warranties regarding the time of completion of services and shall not be
in default of performance under this Agreement where such performance is prevented, suspended or delayed by any cause
beyond EMCON's control. Neither party will hold the other responsible for damages for delays in performance caused by
Acts of God or other events beyond the control of the other party and which could not have been reasonably foreseen or
prevented. Such delays will extend completion dates commensurately.
Page 1 of 2
(Rev. 1/93)
CHANGED CONDITIONS. If, during the course of the performance of Services, conditions or circumstances develop or
are discovered which were not contemplated by EMCON and which materially aflect EMCON's ability to perform or which
would materially increase the costs to EMCON of performing, then EMCON will notify Client in writing, and EMCON and
Client shall renegotiate in good faith the terms of this Agreement within thirty (30) days. Alternatively, either party shall
thereupon have the right to terminate the Agreement; provided, however, that upon any such termination, EMCON shall be
compensated for services rendered to the date of termination.
HAZARDOUS OR UNSAFE CONDITIONS. Client has fully informed EMCON of, and shall immediately inform
EMCON when it becomes aware of any new information regarding,the type,quantity and location of any hazardous, toxic or
dangerous materials or unsafe or unhealthy conditions known or suspected at all real property where services are to be
performed. Fees shall be adjusted to compensate EMCON if conditions require EMCON to take emergency measures to
protect the health and safety of the parties,the public or the environment.
SUBSURFACE OBSTRUCTIONS. Client shall provide to EMCON plans which designate the location of all subsurface
structures at the project site,and shall be responsible for any damage and shall indemnify EMCON for all Loss inadvertently
caused by EMCON to any structure not so designated, or by Client's inaccurate identification of underground obstructions. C
Client warrants the accuracy of any information supplied by it to EMCON and understands and agrees that EMCON is r
entitled to and may rely on the accuracy of any and all information supplied by Client without independently verifying its
accuracy.
RIGHT OF ENTRY. Client agrees to grant or arrange for right of entry at the project site, whether or not the project site is
owned by Client. The cost of repairing any reasonably unavoidable damages is not part of the services or fee contemplated
by this Agreement and shall be borne by Client. `
REPORTING AND DISPOSAL. Client shall be solely responsible for notifying all appropriate federal,state,local or other t
governmental agencies of the existence of any hazardous, toxic or dangerous materials on or in the project site or discovered (�
during performance of this Agreement. EMCON may, at its sole discretion, agree to notify such agencies on behalf of [
Client, as Client's agent. Client shall be solely responsible for arranging and paying the costs to lawfully transport, store,
treat,recycle,dispose of,or otherwise handle hazardous or toxic substances or wastes and samples.
NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries of this Agreement,and no third P arties are
entitled to rely on any work performed or reports prepared by EMCON hereunder for any purpose whatsoever. Client shall
indemnify and hold EMCON harmless against any liability to any third party for any Loss arising out of or relating to
reliance by any such third party on any work performed or reports issued hereunder.
DESIGNS 1AND DISCOVERIES; OWNERSHIP AND REUSE. All designs, ideas, discoveries, inventions or
improvements utilized or developed by EMCON hereunder shall be deemed property of EMCON. Client is given no right in
the form of ownership or license to such items. Any documents furnished by EMCON are not intended or represented as
suitable for reuse by Client or others; any such reuse without specific written approval from EMCON, adaptation by
EMCON, or both for the specific purpose intended will be at the reuser's sole risk and without liability or exposure to
EMCON.
ATTORNEYS FEES AND COSTS, OTHER. The prevailing party in any action to enforce or interpret provisions of this
Agreement shall be entitled to recover all reasonable fees, costs and expenses, including staff time at current billing rates,
court costs and other claim-related expenses. If EMCON is requested to respond to any mandatory orders for the production
of documents or witnesses on Client's behalf regarding work performed by EMCON, client agrees to pay all costs and
expenses incurred by EMCON not reimbursed by others in responding to such order, including attorneys fees, staff time at
current billing rates and reproduction expenses. Any provisions of this Agreement held in violation of any law shall be
deemed stricken and all remaining provisions will remain binding on the panics. The obligations of the parties to indemnify
and the limitations on liability set forth in this Agreement shall survive the expiration or termination of this Agreement. This
Agreement,consisting of all documents attached hereto, constitute the entire agreement between the parties,and supersedes
any and all prior written or oral agreements with respect to the subject matter hereof. No amendment hereto will be binding
unless reduced to writing and signed by authorized representatives of each party. This Agreement shall be subject to the laws i
of the state in which services of EMCON are procured.
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