HomeMy WebLinkAbout00405C - INFOTOX ASBESTOS REMOVAL RUDNICK BUILDING • Iufotox, Inc.
Asbetos Removal Rudnick Bldg
AGREEMENT $405C
Signed by Exec Dir 9-8-00
CITY OF PALM SPRINGS
Community Redevelopment Agency
CONTRACT SERVICES AGREEMENT FOR
ASBESTOS MANAGEMENT SERVICES AT
261-265 INDIAN CANYON DRIVE, (TIIE "RUDNICK BUILDING") PALM SPRINGS.
CITY PROJECT NO. 00-16
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into this Z day of z�G-�.S'%, 2000, by and between the COMMUNITY REDEVELOPMENT
AGENCY of the City of Palm Springs, a public body, corporate and politic (herein "Agency") and
INFOTOX, INC. (herein "Contractor"). (The term Contractor includes professionals performing in a
consulting capacity).
NOW, TIIEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all work
and services set forth in the Scope of Services will be performed in a competent, professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances,resolutions,statutes,rules, and regulations of the City and
any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses,Permits,Fees and Assessments. Contractor 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto
as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract
amount of Four Thousand Eight IIundred Seventy Five Dollars ($4,875.00) ('Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms
of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Michael A.Nieuwlandt is hereby designated as
being the principal and representative of Contractor authorized to act in its behalf with respect to the
work and services specified herein and make all decisions in connection therewith.
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I
3.2 Contract Officer. David Barakian is hereby designated as being the
representative of the Agency authorized to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith ("Contract Officer"). The Executive
Director of the Agency shall have the right to designate another Contract Officer by providing written
notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder without
the express written approval of the Agency. Neither this Agreement nor any interest herein may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of the
Agency. Any such prohibited assignment or transfer shall he void.
3.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of the Agency and shall remain under only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of the Agency.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to the Agency, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability hnsurance. Apolicy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than either(i)
a combined single limit of$1,000,000.00 or (ii) bodily injury limits of$500,000.00 per person,
$1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and
property damage limits of $500,000.00 per occurrence. If the Contract Sulu is greater than
$500,000.00,the policy of insurance shall he in an amount not less than$5,000,000.00 combined
single limit.
(b) Worker's Compensation Insurance. Apolicy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the Agency
against any loss,claim or damage arising from any injuries or occupational diseases occurring to
any worker employed by or any persons retained by the Contractor in the course of carrying out
the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of$500,000.00 per person and$1,000,000.00 per occurrence and property damage
liability limits of$250,000.00 per occurrence and$500,000.00 in the aggregate or(ii)combined
single limit liability of$1.000,000.00. Said policy shall include coverage for owned,non-owned,
leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including
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Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A"
All of the above policies of insurance shall be primary insurance and shall name the Agency,its
officers,employees and agents as additional insureds, except that the Agency shall not be named as an
additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance.
The insurer shall waive all rights of subrogation and contribution it may have against the Agency, its
officers, employees and agents and their respective insurers. All of said policies of insurance shall
provide that said insurance may not be amended or canceled without providing thirty(30) days prior
written notice by registered mail to the Agency. In the event any of said policies of insurance are
canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement
shall commence until the Contractor has provided the Agency with Certificates of Insurance or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the Agency.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages to any
persons or property resulting from the Contractor's activities or the activities of any person or persons
for which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating
Guide, The Ivey Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better,unless such requirements are waived by the Executive Director or designee of the
Agency due to unique circumstances.
4.2 Indemnification. Contractor agrees to indemnify the Agency,its officers,agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities,including paying any legal costs, attorneys fees,or paying any judgment(herein
"claims or liabilities")that may be asserted or claimed by any person,firm or entity arising out of or in
connection with the negligent performance of the work or services of Contractor,its agents,employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of
Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any
term,provision covenant or condition of this Agreement,but excluding such claims or liabilities to the
extent caused by the negligence or willful misconduct of the Agency.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until December 30, 2000.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time,with or without cause, upon thirty(30) days'written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination
by the Agency, Contractor shall be entitled to compensation for all services rendered prior to the
effectiveness of the notice of termination and for such additional services specifically authorized by the
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Contract Officer and the Agency shall be entitled to reimbursement for any compensation paid in
excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that,by and for itself,
its heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex,marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the City
of Palm Springs or the Agency shall be personally liable to the Contractor, or any successor in interest,
in the event of any default or breach by the Agency or for any amount which may become due to the
Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City of Palm Springs or the
Agency shall have any financial interest,direct or indirect,in this Agreement nor shall any such officer
or employee participate in any decision relating to the Agreement which effects his financial interest or
the financial interest of any corporation,partnership or association in which he is,directly or indirectly,
interested,in violation of any State statute or regulation. The Contractor warrants that it has not paid
or given and will not pay or give any third party any money or other consideration for obtaining this
Agreement.
6.4 Notice. Any notice, demand, request, document, 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 prepaid,first-class mail,in the case of the Agency,to
the Executive Director and to the attention of the Contract Officer,CITY OF PALM SPRINGS,P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the
invalid provision is so material that its invalidity deprives either party of the basic benefit of their
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bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. 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.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter
proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such
party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which said party is hound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the
date first written above.
( :- , CONTRACTOR:
City Clerk (Check one: _Individual_Partnership
Corporation)
APPROVED
AS TO FORM: /
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Signat re (Notarized)
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Print Name &Title
COMMUNITY REDEVELOPMENTAGENCY By: �.GG�y ,' G
of the City of Palm Springs, a public body, i natnre (Notarized)
corporate and politic. = - jN1i f✓Ll \V i fA JQ D '!
Print Name &Title
BY'- -�' � —�!
Executive Director Mailing Address:
(Corporations require two signatures: One from each of
the Following: A. Chairman of Board, President, any
Vice President:AND B.Secretary,Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial
Officer). (END OF SIGNATURES)
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aC�E;2Ca\�fGE� S1 TfI+C� EXECUTIV-DIRF
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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personally appeared &!V99ChAe9A = )l�euLu Bil (h,n�d �1_
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OPTIONAL
I. Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. `I
Description of Attached o_ current
Title or Type of Document: to�utc_T— 616 i°2e1'_L',i'�_1 f i
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I' Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
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0 1097 National Notary Association•9350 De Sato Ave.,PO Box 24b2•Chatsworth,CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide professional services to the Agency for City Project No. 00-16 as follows:
Provide oversight services for removal of asbestos containing materials from structures located at
261-265 Indian Canyon Drive(the"Rudnick Building"),and compliance monitoring in accordance
with the project specifications (Section 02080). The services shall include:
Task 1 - Project oversight, compliance monitoring and final inspection,
Task 2 - Backgrotmd air samples collection and analyses,
Task 3 - Compliance air samples collection and analyses during each separate operation,
Task 4 - Clearance air samples collection and analyses.
Air samples shall be analyzed by Phase Contrast Microscopy.
Services shall be provided to the Agency within 48 hours of advance notice.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Based on the attached Exhibit "A", Scope of Services, the fees necessary to provide the required
professional services for City Project No. 00-16 shall not exceed the amounts listed per tasks
identified below:
Task 1: $62.50 per hour, not to exceed $3,750.00
Task 2: $15.00 per sample, not to exceed $ 150.00
Task 3: $15.00 per sample, not to exceed $ 600.00
Task 4: $15.00 per sample, not to exceed $ 375.00
----------------------------------------
Total not to exceed: $4,875.00
Payment shall be made after completion of each task, or portion thereof, and within 30 days after
invoicing therefore, up to the maximum amounts indicated herein.
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PRODUCER
RD CERTIFICA- F LIABILITY INSUR. BNFOTrE1 DATE
A 4i2s/o0
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
VAN OPPEN & CO. INS. SERV. ,INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LICN OB10732 y HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2248 N State College Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Fullerton CA 92831 ,� /�/L/V /
Phone: 714-255-9800 Fax:714-255-9899 � � l INSURERS AFFORDING COVERAGE
INSURED , ) 1 (� MAY
p�l .. INSURER A, American SafetyCaRME
'-Y✓/S1 INSURER B'
InfotOX, Inc, I Y Y� NSURERC
9250 Orco Parkwayy Ste. J -z P000 SURERD
Riverside CA 925D4-0906
INSURER E'
MANAGEMENT
COVERAGES C'j
RISK
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 5TFER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ITNSW POLICY EFFECTIVE POLICY EXPIRATIO
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD LIMBS
GENERAL LIABILITY EACH OCCURRENCE S $1,000,000
A MMERCIAL GENERAL LIABILITYCFLOO-1422-001 01/23/00 01/23/01 FIRE DAMAGE(Any one he) S $50,000
A GENERAL LIABILITY
CLAIMS MADE O OCCUR MED EXP(Any ane person) S $5,000
PERSONAL S ADV INJURY $ $1,000,000
GENERAL AGGREGATE S $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP ASS S $2,000,000
X I POLICY F PROECT LOC
J
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
IIA ANY AUTO (Ea accident) $ $1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULEDAUTOS (Per Person)
X HIRED AUTOS CFLOO-1422-001 01/23/00 01/23/01 BODILY INJURY
X NON OWNED AUTOS (Per-accident) $
PROPERTY DAMAGE S
(Peraccidenl)
GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY ADD S
EXCESS LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE $
S
OEOUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY
E L.EACH ACCIDENT S
E,L.DISEASE�EA EMPLOYE S
E.L DISEASE.POLICY LIMB S
OTHER
A CLAIMS MADE PROF./ EA.CLAIM $1,000,000
POLLUTION LIAB CFLOO-1422-001 O1/23/00 O1/23/01 ANN.AGG. -.', $2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is added as Additional Insured to the General Liability
but only as respects all covered operations of the named insured. *10 day
notice of cancellation for nonpayment of premium.
CERTIFICATE HOLDER y I ADDITIONAL INSURED,INSURER LETTER. A CANCELLATION
C/O PS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL Y*Ma0 M MAIL
City of Palm Springs *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN: Risk Management —
3200 Tahquitz Canyon LEFT'
Palm Springs CA 92263-2743
ACORD 25-S(7/97) ACORD CORPORATION 19M
SK
STATE P.O. BOX 807, SAN FRANCISCO,CA.94101=0807
COMPENSATION
INS UFtANCE
FUND CERTIFICATE, OF WORKERS COMPENSATION INSURANCE
POLICY NC1fv1BER. 1424268 - 00 J
ISSUE DATE: 03-01-00 CER •IFICATI` EXPIRES: 03-01-01
CITY OF PALM SPRINGS ;
ATTN MS JUDITY SUMICH CITY CLERK ` o�`}
P 0 BOX 2743 l f/
PALM SPRINGS CA 92263-2743 �\
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund ,except upon 10 days' advance written notice to the employer.
We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies,
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING-DEFEN¢E zCASTS: $I 000;000.OO a PER:OCCURRENCE.
EMPLOYER LEGAL NAME
INFOTDX, INC. INFOTOX, INC.
9250 ORCO PARKWAY STE J
RIVERSIDE CA 92509
02-17-00
PRINTED: P0408
THIS DOCUMENT HAS A BLUE PATTERNED