HomeMy WebLinkAbout05827 - INFOTOX INC ASBESTOS MGMT & MICROBIAL GROWTH INVESTIGATION Page 1 of 1
Kathie Hart
From: Carrie Rovney 1,a
Sent: August 09, 2010 12:46 PM ,
To: Kathie Hart ll
Cc: Marcus Fuller
Subject: R 5A 827 -anfotox \
We are just now processing the last payment on this contract.
Will be closing the PO soon.
Tha n Ks I
Carmie
x8160
From: Kathie Hart
Sent: Wednesday, August 04, 2010 2:08 PM
To: carrie.rovney@palmsprings-ca.gov; Marcus Fuller
Cc: ]ay Thompson
Subject: A5827 -Infotox
Document# Description Approval Date Expiration
A5827 JOJ Desert ttlpiana UnRp CM,VlolalAsbesios Testing 04AM009 0"232010
Company Name: Infotox, Inc.
Address: Michael Nieuwtantlt.Presdlen( 9251 Orco Parkway,Suite J,Riverside,CA 92509
Contact: Mr.NletWm dt
Croup: ENGINEERING
Service: In File
kRef: MARCUS FULLER (760)323.8160
Ins.status: Certificate ana Policies are OK
Carrie:
Has the work on this been completed? If yes, ok to close?
Thxi
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
(760)323-8206 ( 8 (760) 322-8332
Kath ie.Hart@Palm5pringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
08/09/10
AMENDMENT NO- 3 TO CONTRACT SERVICES AGREEMENT NO-5827
WITH INFOTOX, INC FOR
COMMERCIAL STRUCTURE ENVIRONMENTAL MANAGEMENT SERVICES
and ON-SITE PROJECT MANAGEMENT OBSERVATION AND AIR SAMPLING
The following articles of Agreement No. 5827 are hereby amended as follows:
RECITALS 'A" - is hereby modified to: City requires the services of a Consultant for commercial
structure environmental management services at James O. Jessie Desert Highland Unity
Center Gymnasium, City of Palm Springs Library and City of Palm Springs City Hall City
Manager's Office Break Room ("Project').
In addition, the City requires the services of a Consultant for On-Site Project Management
Observation and Air Sampling,
SECTION 3.1 "Compensation of Consultant" - is hereby modified to: For the services rendered
pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance
with the terms set forth in the Scope of Services, in an amount not to exceed $14,375.
SCOPE OF SERVICES (Exhibit °A") - Please see attached revision sheet, for services and
locations added to scope and increased total.
The intent of this Amendment#3 is to provide an additional $550 for additional Microbial Growth
Investigation and Report Preparation-
Agreement Number: 5827
Original:
City Engineer Approval: April 2, 2009
Contract Amount, $ 4,150
Amendment#1:
Amount of Amendment#1: $ 4,155
City Manager Approval: June 3, 2009
Amendment#2:
Amount of Amendment#2: $ 5,520
City Manager Approval: July 21, 2009
Amendment#3:
Amount of This Amendment#3: $ 550
Amended Contract Total: $ 14,375
Account Number(s): 540-5904-43096
SIGNATURES ON NEXT PAGE
Infotox, Inc.
Amendment No. 3
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
"City"
CITY OF PALM SPRINGS
Date_ d Z�oi �Zaa_�__.. By:
David H. Ready, City Mar
APPR VED AS TO FORM: ATTEST. -
By: W ?IRM'
ityA orney City Clerk
Infotox, Inc.
9251 Orco Parkway, Suite J
Riverside, CA 92509
Date: /G a of 6y: ��• /�M/��� —z �—
Michael A. Nieuwlandt, President
APPROVED ByCITyMAA14CER
I �o
101n1 (oVt��f
Exhibit "A"
Scope of Services - (Revised via A#9 & A#2&A#3)
Professional services shall consist of collection of bulk material samples of suspect asbestos-
containing materials from the James 0. Jessie Desert Highland Unity Center Gymnasium
("DHUG") building to identify potential asbestos containing materials, The survey shall be
performed in accordance with CAL/OSHA and South Coast Air Quality Management District
regulations. Collected samples shall be submitted to a NVLAP approved laboratory for analysis by
Polarized Light Microscopy (PLM).
In addition to the collection of bulk material samples, area air samples shall be collected and
analyzed to determine airborne fiber levels_ These samples shall be collected and analyzed by
Phase Contrast Microscopy (PCM) in accordance with the NIOSH 7400 Method, This method is
limited to the counting of fibers only and analysis shall not identify fiber count. Additional samples
shall be collected for analysis by Transmission Electron Microscopy (TEM) analysis_ These
samples shall be held for analysis by EPA AHERA methods in accordance with 40CFR 763,
Subpart E, Appendix A.
Consultant shall also provide one industrial hygienist to investigate the designated structure(s) for
the presence of microbial growth and/or contamination. Investigation will include some or all of the
following elements: a) visual inspection of the designated structure for the source of microbial
growth; b) moisture meter reading of suspect accessible building materials; c) collection and
analysis of surface dust samples for fungal investigation; d) collection and analysis of air samples
for fungal identification.
Consultant will also provide on-site Project Management Observation and Air Sampling. One on-
site Certified Indoor Environmental Consultant (GIEC) will be present during remediation related
phases of the project. On-site CIEC duties to include but not limited to: a) review contractors field
documentation for compliance with remediation project protocol and applicable standards; b)
collect pre-remediation air samples for airborne fungal spores in the designated work areas and
outdoors; c) inspection of containments for ability of containment to provide adequate protection
of adjacent areas; d) conduct daily air monitoring outside of containment and outdoors airborne
fungal spores; e) observe contractors work practices to ensure that the work is being performed in
compliance with the remediation protocol; f) conduct pre encapsulant visual clearance inspection;
g) conduct post remediation air and surface dust sampling in containments, outside containments
and outdoors; h) submit all samples to independent AIHA accredited laboratory for analysis by
direct examination.
Upon receipt of the laboratory analysis reports, Infotox, Inc. shall prepare a confidential inspection
report and submit two copies to City of Palm Springs. In relation to the On-site Project Observation
of remediation, Consultant will prepare a comprehensive report detailing all job activities including
but not limited to: a) executive summary; b) contractors documentation; c) daily job logs, checklists,
entry/exit logs; d) laboratory reports; e) statement of release indicating that the designated areas
have achieved post remediation sampling criteria.
The 'above-described services shall be provided for the following fees for the James 0 Jessie
Desert Highland Unity Center "DHUC", City of Palm Springs Library "Library" and City Hall City
Manager's Office Break Room "City Hall" and for On-site Project Observation of remediation
services:
Exhibit "A"
Scope of Services - (Revised via A#1 & A#2 ) (cont.)
ORIGINAL CONTRACT- SCOPE/AMOUNT.
DHUC Asbestos Management Services
• Inspection seances and report preparation $ 650 lump sum
• Laboratory analysis of bulk material samples $ 400
o (20 samples @ $20 each, 3-5 day turnaround)
• Laboratory analysis of area air samples by PCM $ 140
o (7 samples @ $20 each, each same day analysis)
• Laboratory analysis of air samples by TEM $ 450
c (3 samples @ $150 each, 24-hour turnaround)
DHUC Asbestos Total $1,640
DHUC Microbial Growth Investigation
• Microbial growth investigation and report preparation $1,000 lump sum
• Surface sample analysis for total spore count $ 750
o (16 samples @ $50 each, 3-5 day turnaround)
• Air sample analysis for total spore count $ 760
o (8 samples @ $95 each, 24-hour turnaround)
DHUC Microbial Total $2,510
The City shall provide a man-lift to gain access to the ceiling materials. Work to begin upon receipt
of Notification to Proceed from the City.
AMENDMENT#1 - SCOPEYAMOUNT:
Library Microbial Growth Investigation
• Microbial growth investigation and report preparation $ 825 lump sum
• Surface sample analysis for fungal spores $ 390
o (6 samples @.$66 each)
• Surface sample analysis for fungal growth $ 195
o (3 samples @ $65 each)
• Air sample analysis for total fungal spores $ 570
c (6 samples @ $95 each)
• Wall Cavity/Bookshelf air sample analysis for total fungal spores $ 380
o (4 samples @ $95 each)
Library Microbial Total $2,360
City Hall Microbial Growth Investigation
• Microbial growth investigation and report preparation $ 550 lump sum
• Surface sample analysis for fungal spores $ 260
o (4 samples @ $65 each)
• Surface sample analysis for fungal growth $ 130
o (2 samples @ $65 each)
• Air sample analysis for total fungal spores $ 475
o (5 samples @ $95 each)
• Wall Cavity/Bookshelf air sample analysis for total fungal spores $ 380
o (4 samples @ $95 each)
City Hall Microbial Total $1,795
"EXHIBIT A"
Scope of Services - (Revised via A#1 & A#2 &A#3) (cont.)
AMENDMENT#2 - SCOPE/AMOUNT.
On-Site Project Observation:
• On-site Project Observation $2,500
o (2.5 shifts @ $1000 per shift)
• Air sample analysis For total spores $2,280
o (24 samples @ $95 each)
• Surface dust sample analysis for total spores $ 390
o (6 samples @ $65 each)
• Return of samples for archive purposes $ 50
o (2 samples @ $25 each)
• Report Preparation $ 100
o (4 hours @ $25 each)
Microbial fees Total $5,320
In addition to the microbial remediation oversight services, the following asbestos related services
related to this project will be provided by Infotox, Inc. for the following fees:
Asbestos Mana ement:
• Return of asbestos bulk and air samples for archive purposes $ 50
o (2 samples @ $25 each)
• Analysis of area air sample 480-A-07 by TEM Analysis $ 150
o (1 sample @ $150 each-normal turnaround)
Asbestos Fees Total $ 200
AMENDMENT #3 - SCOPE/AMOUNT:
Microbial Growth Investigation:
The Microbial Growth Investigation of the exterior wall of the kitchen/restroom areas of the DHUC.
The investigation will include a visual assessment of the subject areas. As adjacent areas have
tested positive for the presence of microbial contamination it is not anticipated that surface
samples will be required to be collected for analysis.
• Microbial Growth Investigation and Report Preparation $ 550
Microbial Report Fees Total $ 550
Cost Summar
DHUC Asbestos Total $ 1,640
DHUC Microbial Total $ 2,510
Library $ 2,360
City Hall $ 1,795
Microbial Remediation Oversight $ 5,320
Asbestos Management $ 200
Microbial Growth Report 550
Total Not to Exceed $14,375
Each site requires one calendar day for survey. The complete reports shall be delivered within 10
working days following completion of the survey of each site. j
I
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5827
WITH INFOTOX, INC FCR
COMMERCIAL STRUCTURE ENVIRONMENTAL MANAGEMENT SERVICES
and ON-SITE PROJECT MANAGEMENT OBSERVATION AND AIR SAMPLING
The following articles of Agreement No. 5827 are hereby amended as follows:
RECITALS "A" - is hereby modified to: City requires the services of a Consultant for commercial
structure environmental management services at James 0. Jessie Desert Highland Unity
Center Gymnasium, City of Palm Springs Library and City of Palm Springs City Hall City
Managers Office Break Room ("Project").
In addition, the City requires the services of a Consultant For On-Site Project Management
Observation and Air Sampling.
SECTION 3.1 "Ccrnpensation of Consultant" - Is hereby modified to: For the services rendered
pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance
with the terms set forth in the Scope of Services, in an amount not to exceed $13,825.
SCOPE OF SERVICES Exhibit "A" - Please see attached revision sheet, for services and
locations added to scope and increased total.
The intent of this Amendment #2 is to provide an additional $5,520 for On-Site Project
Management Observation and Air Sampling.
Agreement Number: 5827
Original:
City Engineer Approval: April 2, 2009
ContraotAmount: $ 4,150
Amendment#1:
Amount of Amendment#1: $ 4,155
City Manager Approval:
Amendment#2:
Amount of This Amendment#2: $ 5,520
Amended Contract Total: $ 13,825
Account Number(s): 540-5904-43096
SIGNATURES ON NEXT PAGE
Infotox, Inc.
Amendment No. 2
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed [his Amendment as of the dates stated
below.
"City'
CITY OF PALM SPRINGS
���
Date V A
David H- Re y Managar -
APP7ED AS TO FORM: ATTEST: _ --
By
CitgAtforn y / City Clerk
IRM"
Infotox, Inc
9251 Orco Parkway, Suite J
Riverside, CA 92509
Date: By:
Michael A. Nieuwlandt, President
"OPPROVED BY CITY MANACER
(A ��
Exhibit "A"
Scope of Services - (Revised via A#1 &A#2)
Professional services shall consist of collection of bulk material samples of suspect asbestos-
containing materials from the James O. Jessie Desert Highland Unity Center Gymnasium
("DHUC") building to identify potential asbestos containing materials. The survey shall be
performed in accordance with CAL/OSHA and South Coast Air Quality Management District
regulations_ Collected samples shall be submitted to a NVLAP approved laboratory for analysis by
Polarized Light Microscopy(PLM).
In addition to the collection of bulk material samples, area air samples shall be collected and
analyzed to determine airborne fiber levels. These samples shall be collected and analyzed by
Phase Contrast Microscopy (PCM) in accordance with the NIOSH 7400 Method. This method is
limited to the counting of fiber:: only and analysis shall not identify fiber count. Additional samples
shall be collected for analysis by Transmission Electron Microscopy (TEM) analysis. These
samples shall be held for analysis by EPA AHERA methods in accordance with 40CFR 763,
Subpart E, Appendix A.
Consultant shall also provide one industrial hygienist to investigate the designated structure(s) for
fhe presence of microbial growth and/or contamination. Investigation will include some or all of the
following elements: a) visual inspection of the designated structure for the source of microbial
growth; b) moisture meter reading of suspect accessible building materials; c) collection and
analysis of surface dust samples for fungal investigation; d) collection and analysis of air samples
for fungal identification.
Consultant will also provide on-site Project Management Observation and Air Sampling. One on-
site Certified Indoor Environmental Consultant (CIEC) will be present during remediation related
phases of the project. On-site CIEC duties to include but not limited to: a) review contractors field
documentation for compliance with remediation project protocol and applicable standards; b)
collect pre-remediation air samples for airborne fungal spores in the designated work areas and
outdoors; c) inspection of containments for ability of containment to provide adequate protection
of adjacent areas; d) conduct daily air monitoring outside of containment and outdoors airborne
fungal spores; e) observe contractors work practices to ensure that the work is being performed in
compliance with the remediation protocol; f) conduct pre encapsulant visual clearance inspection;
g) conduct post remediation air and surface dust sampling in containments, outside containments
and outdoors; h) submit all samples to independent AlHA accredited laboratory for analysis by
direct examination.
Upon receipt of the laboratory analysis reports, Infolox, Inc. shall prepare a confidential inspection
report and submit two copies to City of Palm Springs. In relation to the On-site Project Observation
of remediation, Consultant will prepare a comprehensive report detailing all job activities including
but not limited to: a) executive summary; b) contractors documentation; c) daily job legs, checklists,
entry/exit logs; d) laboratory reports, e) statement of release indicating that the designated areas
have achieved post remediation sampling criteria.
The above-described services shall be provided for the following fees for the James O Jessie
Desert Highland Unity Center "DHUC", City of Palm Springs library "Library" and City Hall City
Manager's Office Break Room "City Hall" and for On-site Project Observation of remediation
services:
Exhibit "A°
Scope of Services - (Revised via A#1 & A#2) (cont.)
DHUC Asbestos Management Services
• Inspection services and report preparation $ 650 lump sum
• Laboratory analysis of bulk material samples $ 400
o (20 samples @ $20 each, 3-5 day turnaround)
• Laboratory analysis of area air samples by PCM $ 140
o (7 samples @ $20 each, each same day analysis)
• Laboratory analysis of air samples by TEM $ 450
o (3 samples @ $150 each, 24-hour turnaround)
DHUC Asbestos Total $1,640
DHUC Microbial Growth Investi ation
• Microbial growth investigation and report preparation $1,000 lump sum
• Surface sample analysis for total spore count $ 750
o (15 samples @ $50 each, 3-5 day turnaround)
• Air sample analysis for total spore count $ 760
o (8 samples @ $96 each, 24-hour turnaround)
DHUC Microbial Total $2,510
The City shall provide a man-lift to gain access to the ceiling materials. Work to begin upon receipt
of Notification to Proceed from the City.
Library Microbial Growth Investigation
• Microbial growth investigation and report preparation $ 825 lump sum
• Surface sample analysis for fungal spores $ 390
o (6 samples @ $65 each)
• Surface sample analysis for fungal growth $ 195
o (3 samples @ $65 each)
• Air sample analysis for total fungal spores $ 570
o (6 samples @ $95 each)
• Wall Cavity/Bookshelf air sample analysis for total fungal spores $ 380
o (4 samples @ $95 each)
Library Microbial Total $2,360
City Hall Microbial Growth Investigation
• Microbial growth investigation and report preparation $ 550 lump sum
• Surface sample analysis for fungal spores $ 260
o (4 samples @ $65 each)
• Surface sample analysis for fungal growth $ 130
o (2 samples @ $65 each)
• Air sample analysis for total fungal spores $ 475
c (5 samples @ $95 each)
• Wall Cavity/Bookshelf air sample analysis for total fungal spores $ 380
o (4 samples @ $95 each)
City Hall Microbial Total $1,795
"EXHIBIT A"
Scope of Services - (Revised via A#1 & A#2) (cont.)
On-Site Project Observation:
• On-site Project Observation $2,500
o (2.5 shifts @ $1000 per shift)
• Air sample analysis for total spores $2,280
o (24 samples @ $95 each)
• Surface dust sample analysis for total spores $ 390
o (6 samples @ $65 each) '
• Return of samples for archive purposes $ 50
c (2 samples @ $25 each)
• Report Preparation $ 100
o (4 hours @ $25 each)
Microbial Fees Total $5,320
In addition to the microbial remediation oversight services, the following asbestos related services
related to this project will be provided by Infotox, Inc. for the following fees:
Asbestos Management:
• Return of asbestos bulk and air samples for archive purposes $ 50
o (2 samples @ $25 each)
• Analysis of area air sample 480-A-07 by TEM Analysis $ 150
o (1 sample @ $150 each-normal turnaround)
Asbestos Fees Total $ 200
Cost summary
DHUC Asbestos Total $ 1,640
DHUC Microbial Total $ 2,510
Library $ 2,360
City Hall $ 1,795
Microbial Remediation Oversight $ 5,320
Asbestos Management $ 200
Total Not to Exceed $13,825
Each site requires one calendar day for survey. The complete reports shall be delivered within 10
working days following completion of the survey of each site.
I
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5827
WITH INFOTOX, INC FOR
COMMERCIAL STRUCTURE ENVIRONMENTAL MANAGEMENT SERVICES
The following articles of Agreement No, 5827 are hereby amended as follows:
RECITALS "A" - is hereby modified to: City requires the services of a Consultant for commercial
structure environmental management services at James O. Jessie Desert Highland Unity
Center Gymnasium, City of Palm Springs Library and City of Palm Springs City Hall City
Manager's Office Break Room ("Project").
SECTION 3.1 "Compensation of Consultant" - is hereby modified to: For the services rendered
pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance
with the terms set forth in the Scope of Services, in an amount not to exceed $8,305.
SCOPE OF SERVICES Exhibit "A") - Please see attached revision sheet, for services and
locations,added to scope and increased total.
The intent is to provide an additional $4,155 for services performed in the City of Palm Springs
Library and the City Hall City Manager's Office Break Room,
Agreement Number. 5827
Original:
City Engineer Approval: April 2, 2009
Contract Amount $ 4,150
Amendment#1:
Amount of This Amendment $ 4,155
Amended Contract TotaL $ 8,305
Account Number(s): 540-5904-43096
SIGNATURES ON NEXT PAGE
,.1
Infotcx, Inc.
Amendment No. 1
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
"City'
CITY OF PALM SPRINGS
Date
avid H. Ready, City MJap�a
APAR ' ED AS TO FORM: ATTEST:
,�'City City Clerk — -L"1111
Infotox, Inc.
By:
16�n Michael A.kJieuwlandt, President
Date:
! : .
APPROVED BY CITY MANAGER
Exhibit "A"
Scope of Services - (Revised via A#1)
Professional services shall consist of collection of bulk material samples of suspect asbestos-
-- con'Tairiing—mat-eriats from"tfZe James-O� 'Jessie Desert---Highland—pnity-Center-Gymnasium --
("DHUC') building to identify potential asbestos containing materials. The survey shall be
performed in accordance with CAL/OSHA and South Coast Air Quality Management District
regulations. Collected samples shall be submitted to a NVLAP approved laboratory for analysis by
Polarized Light Microscopy (PLM).
In addition to the collection of bulk material samples, area air samples shall be collected and
analyzed to determine airborne fiber levels. These samples shall be collected and analyzed by
Phase Contrast Microscopy (PCM) in accordance with the NIOSH 7400 Method. This method is
limited to the counting of fibers only and analysis shall not identify fiber count. Additional samples
shall be collected for analysis by Transmission Electron Microscopy (TEM) analysis. These
samples shall be held for analysis by EPA AHERA methods in accordance with 40CFR 763,
Subpart E, Appendix A.
Consultant shall also provide one industrial hygienist to investigate the designated structure(s) for
the presence of microbial growth and/or contamination. Investigation will include some or all of the
following elements: a) visual inspection of the designated structure for the source of microbial
growth; b) moisture meter reading of suspect accessible building materials; c) collection and
analysis of surface dust samples for fungal investigation; d) collection and analysis of air samples
for fungal identification.
Upon receipt of the laboratory analysis reports, Infotox, Inc. shall prepare a confidential inspection
report and submit two copies to City of Palm Springs. The above-described services shall be
provided for the following fees for the James O Jessie Desert Highland Unity Center "DHUC", City
of Palm Springs Library"Library" and City Hall City Manager's Office Break Room "City Hall":
DHUC Asbestos Management Services
• Inspection services and report preparation $ 650 lump sum
• Laboratory analysis of bulk material samples $, 400
o (20 samples @ $20 each, 3-5 day turnaround)
• Laboratory analysis of area air samples by PCM $ 140
o (7 samples @ $20 each, each same day analysis)
Laboratory analysis of air samples by TEM $ 450
o (3 samples @ $150 each, 24-hour turnaround)
DHUC Asbestos Total $1,640
DHUC Microbial Growth Investigation
• Microbial growth investigation and report preparation $1,000 lump sum
• Surface sample analysis for total spore count $ 750
o (16 samples @ $50 each, 3-5 day turnaround)
• Air sample analysis for total spore count $ 760
o (8 samples @ $95 each, 24-hour turnaround)
DHUC Microbial Total $2,510
The City shall provide a man-lift to gain access to the ceiling materials. Work to begin upon receipt
of Notification to Proceed from the City.
"EXHIBIT A"
Scope of Services - (Revised via A#1) (cont.)
Library Microbial Growth Investigation
• Microbial growth investigation and report preparation $ 825 lump sum
• Surface sample analysis for fungal spores $ 390
o (6 samples @ $65 each)
• Surface sample analysis for Fungal growth $ 195
o (3 samples @ $65 each)
• . Air sample analysis for total fungal spares $ 570
o (6 samples @ $95 each)
• Wall Cavity/Baokshelf air sample analysis for total fungal spores $ 360
o (4 samples @ $95 each)
Library Microbial Total 12,360
City Hall Microbial Growth Investigation
• Microbial growth investigation and report preparation $ .550 lump sum
• Surface sample analysis for fungal spores $ 260
o (4 samples @ $66 each)
• Surface sample analysis for fungal growth $ 130
o (2 samples @ $65 each)
• Air sample analysis For total fungal spores $ 475
o (5 samples @ $95 each)
• Wall Cavity/Bookshelf air sample analysis for total fungal spores $ 380
o (4 samples @ $95 each)
City Hall Microbial Total $1,795
Cost Summary
DHUC Asbestos Total $1,640
DHUC Microbial Total $2,510
Library $2,360
City Hall $1,795
Total Not to Exceed $8,305
Each site requires one calendar day for survey. The complete reports shall be delivered within 10
working days following completion of the survey of each site.
t
PROFESSIONAL SERVICES AGREEMENT
Infotox, Inc. —Asbestos Management & Microbial Growth Investigation
James O. Jessie Desert Highland Unity Center Gymnasium
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered
into this day of A ,� 2009, by and between the City of Palm Springs, a California Charter
City ("City'), and Infotox, Inc., a California Corporation, ("Consultant").
RECITALS
A. City requires the services of a Consultant for commercial structure environmental
management services at James O. Jessie Desert Highland Unity Center Gymnasium.
("Project").
B- Consultant has submitted to City a proposal to provide said professional services
pursuant to the terms of this Agreement.
C. Based on its experience and reputation, Consultant is qualified to provide the
necessary services for the Project and desires to provide such services.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to employ and does hereby employ Consultant and Consultant agrees to
provide professional services as follows:
AGREEMENT
1. PROFESSIONAL SERVICES
1.1 Scone of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall
provide professional staff services as described in the Scope of Services attached to this
Agreement as Exhibit "A." Consultant warrants that all services shall be performed in a competent,
professional, and satisfactory manner in accordance with all standards prevalent in the industry. In
the event of any inconsistency between the terms contained in the Scope of Services and the
terms set forth in the main body of this Agreement, the terms set forth in the main body of this
Agreement shall govern.
1.2 Compliance with Law.
All services rendered under this Agreement shall be provided in accordance with all
laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local
governmental agency of competent jurisdiction.
1.3 Licenses and Permits.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
1.4 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant has carefully
considered how the work should be performed and fully understands the facilities, difficulties, and
restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule set forth in Section 4.2. Consultant shall not be
accountable for delays in the progress of its work caused by any condition beyond its control and
without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant.
For the services rendered pursuant to this Agreement, Consultant shall be
compensated and reimbursed, in accordance with the terms set forth in the Scope of Services, in
an amount not to exceed $4,150.'
3.2 Method of Payment.
An invoice shall be submitted for services rendered to the Contract Officer.
Payments shall be based on the rates as set forth in Exhibit "A" for authorized services performed.
City shall pay Consultant for all expenses stated thereon, which are approved by City consistent
with this Agreement, within thirty (30) days of receipt of Consultant's invoice. There shall be a
maximum of one payment per month.
3.3 Changes.
In the event any change or changes in the work is requested by City, the parties
hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of
such addendum, including, but not limited to, any additional fees. Addenda may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations.
This Agreement is subject to and contingent upon funds being appropriated therefore
by the City Council of City for each fiscal year covered by the Agreement. If such appropriations
are not made, this Agreement shall automatically terminate without penalty to City.
2
4. PERFORMANCE SCHEDULE
4.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance.
All services rendered pursuant to this Agreement shall be performed within the time
periods indicated in "Exhibit A" mutually agreed to by the parties. The extension of any time period
must be approved in writing by the Contract Officer.
4.3 Force Maieure.
The time for performance of services to be rendered pursuant to this Agreement may
be extended because of any delays due to unforeseeable causes beyond the control and without
the fault or negligence of the Consultant, including, but not restricted to, acts of God or of a public
enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, and unusually severe weather if the Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain the facts and the extent of any necessary delay, and extend the time for performing the
services for the period of the enforced delay when and if in the Contract Officer's judgment such
delay is justified, and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
4.4 Term.
Unless earlier terminated in accordance with Section q.5 of this Agreement, this
Agreement shall continue in full force and effect for a period of one year, commencing on March
23, 2009, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant.
The following principal of the Consultant is hereby designated as being the principal
and representative of Consultant authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith: Michael A. Nieuwlandt, President,
Certified Asbestos Consultant No. 92-0271.
It Is expressly understood that the experience, knowledge, capability and reputation
of the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. The foregoing principal may not be changed by Consultant without the
express written approval of City.
5.2 Contract Officer.
The Contract Officer shall be David Barakian, Director of Public Works/City
Engineer, or his designee. It shall be the Consultant's responsibility to keep the Contract Officer
fully informed of the progress of the performance of the services and Consultant shall refer any
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decisions that must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals
and employees, were a substantial inducement for City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
5.4 Independent Contractor.
Neither City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. Consultant shall perform all services required herein as an
independent Consultant of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as
set forth in Exhibit "B", which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and
expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees,
agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liability,
actions, suits, proceedings, claims, demands, losses, costs, judgments, damages, expenses,
including legal costs and attorneys' fees, and causes of action for injury to or death of person or
persons, for damage to property, including property owned by City, for any violation of any federal,
state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, arising out of or related to Consultant's performance
under this Agreement. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability
hereunder.
S. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access to
such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
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8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement shall
be the property of City and shall be delivered to City upon request of the Contract Officer or upon
the termination of this Agreement, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials hereunder. Consultant may retain copies of such documents for its own
use. Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Consultant in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment for
inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county, and Consultant covenants and agrees to submit to
the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision of
this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory
judgment, or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant,
except that where termination is due to the fault of Consultant and constitutes an immediate
danger to health, safety, and general welfare, the period of notice shall be such shorter time as
may be determined by the City. Upon receipt of the notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services authorized by the Contract Officer
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thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days
written notice to City.
'10. CITY OFFICERS_AND EMPLOYEES; NON-DISCRIMINATION
10,1 Non-Liability of City Officers and Employees. No officer or employee of City shall
be personally liable to the Consultant, or any successor-in-interest, in the event of any default or
breach by City or for any amount which may become due to the Consultant or its successor, or for
breach of any obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination or segregation in the performance of or in connection with this Agreement regarding
any person or group of persons on account of race, color, creed, religion, sex, marital status,
disability, sexual orientation, national origin, or ancestry.
111. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
To City: City of Palm Springs
Attention: Public Works Director
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
To Consultant: Infotox, Inc
Attention: Michael A. Nieuwlandt, President
9251 Orco Parkway, Suite J
Riverside, CA 92509
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing.
11.4 Severabilitv. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authoritv. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY"
City OF PALM
SPRINGS
Date _ G'iE�r'I Zi 7�°°? By:
David J. Barakian, City Engineer
APPROVED AS TO FORM. ATTEST:
By: dzvolvl, •�( O4. �a
City Attorney City Clerk I ZOD9
"CONSULTANT"
Infotox, lnc-
Date:
Michael A- Nieuvilandt, President
Exhibit `°A"
Scope of Services
Professional services shall consist of collection of bulk material samples of suspect asbestos-
containing materials from the James Q. Jessie Desert Highland Unity Center Gymnasium
("DHUC) building to identify potential asbestos containing materials. The survey shall be
performed in accordance with CAL/OSHA and South Coast Air Quality Management District
regulations. Collected samples shall be submitted to a NVLAP approved laboratory for analysis by
Polarized Light Microscopy (PLM).
In addition to the collection of bulk material samples, area air samples shall be collected and
analyzed to determine airborne fiber levels. These samples shall be collected and analyzed by
Phase Contrast Microscopy (PCM) in accordance with the NIQSH 7400 Method. This method is
limited to the counting of fibers only and analysis shall not identify fiber count. Additional samples
shall be collected for analysis by Transmission Electron Microscopy (TEM) analysis. These
samples shall be held for analysis by EPA AHERA methods in accordance with 40CFR 763,
Subpart E, Appendix A.
Upon receipt of the laboratory analysis reports, Infotox, Inc. shall prepare a confidential inspection
report and submit two copies to City of Palm Springs.
The above-described services shall be provided for the following fees:
Asbestos Management Services
• Inspection services and report preparation $ 650 lump sum
• Laboratory analysis of bulk material samples $ 400
o (20 samples @ $20 each, 3-5 day turnaround)
• Laboratory analysis of area air samples by PCM $ 140
o (7 samples @ $20 each, each same day analysis)
• Laboratory analysis of air samples by TEM $ 450
c (3 samples @ $150 each, 24-hour turnaround)
Asbestos Total $1,640
Microbial Growth Investigation
• Microbial growth investigation and report preparation $1,000 lump sum
• Surface sample analysis for total spore count $ 750
o (15 samples @ $50 each, 3-5 day turnaround)
• Air sample analysis for total spore count $ 760
o (S samples @ $95 each, 24-hour turnaround)
Microbial Total $2,510
Cost Summary
Asbestos Total $1,640
Microbial Total $2,510
Total Not to Exceed $4,150
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"EXHIBIT A"
Scope of Services (cont.)
The City shall provide a man-lift to gain access to the ceiling materials. Work to begin upon receipt
of Notification to Proceed from the City.
The surveys shall be completed in one calendar day. The complete reports shall be delivered
within 10 working days following completion of the survey.
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EXHIBIT "B"
INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to City, public
liability and property damage insurance against all claims for injuries against persons or damages
to property resulting from Consultant's performance under this Agreement. Consultant shall also
carry workers' compensation insurance in accordance with California workers' compensation laws.
Such insurance shall be kept in full force and effect during the term of this Agreement, including
any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of
any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the
City, its elected officials, officers, employees, agents, and volunteers as additional named insureds
by original endorsement shall be delivered to and approved by City prior to commencement of
services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation
to indemnify City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000) combined single limit coverage per occurrence;
2. Automobile liability insurance with limits of at least five hundred thousand
dollars ($500,000) per occurrence;
3. Workers' Compensation insurance in the statutory amount as required by the
State of California and Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be primary
insurance as respects City and its respective elected officials, officers, employees, agents, and
volunteers. Any insurance or self-insurance maintained by City and its respective elected officials,
officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall
not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the
insurer shall waive all rights of subrogation and contribution it may have against City, its elected
officials, officers, employees, agents, and volunteers.
B. Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers
admitted in the State of California with an A.M. Best's Key Rating of B++, Class Vill, or better,
unless otherwise acceptable to the City.
C. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
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EXHIBIT "B"
INSURANCE (cont.)
Verification of Insurance Coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with
the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees and agents are named as an additional
insured" ("as respects a specific contract" or "far any and all work performed with the City"
may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have" ("as respects a specific contract" or "for any and all work performed with the
City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date thereof,
the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out. See example below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's
waive of subrogation in favor of City, its elected officials, officers, employees, agents and
volunteers. See example below.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policy.
All certificates and endorsements are to be received and approved by the City before work
commences. Failure to obtain the required documents prior to the commencement of work shall
not waive the contractor's obligation to provide them-
D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
E. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
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