HomeMy Public PortalAboutBARR & CLARK, INC.CONSULTANT RETAINER AGREEMENT
(City of Carson/Baff & Clark, Inc.)
THIS CONSULTANT RETAINER AGREEMENT is made as of October ;4, 2008 (this
"Agreement"), by and between the City of Carson, a body corporate and politic ("City") and Barr
& Clark, Inc. ("Consultant").
RECITALS
A. City has determined that it requires the services of a private contractor to perform
lead based paint inspection, testing, and reporting tasks necessary for the completion of
rehabilitation projects as part of City's Neighborhood Pride Program.
B. City desires to retain Consultant as an independent contractor to provide such
services on an as needed basis.
C. Consultant represents that it is fully qualified to perform such services by virtue
of its experience and the training, education, and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope and Level of Services. The nature, scope, and level of the specific
services to be perfon-ned by Consultant are as set forth in Exhibit A hereto and by this reference
incorporated herein. Consultant shall provide such services on an as needed basis when given
written instruction to do so by the Contract Administrator (as defined in Section 4 below).
B. Time of Performance. The services shall be performed on a timely,
regular basis in accordance with the written instruction of the Contract Administrator. Time is of
the essence in the performance of this Agreement.
C. Standard of Care. As a material inducement to Agency to enter into this
Agreement, Consultant hereby represents and warrants that it has the experience necessary to
undertake the services to be provided herein.
D. Compliance with Law. All services rendered hereunder by Consultant
shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and
regulations of Agency and any federal, state or local government agency having jurisdiction in
effect at the time service is rendered.
2. Term of Agreement. This Agreement is effective on the date set forth in the
initial paragraph of this Agreement and shall remain in effect for a period of one year unless
earlier terminated pursuant to Section 14.
3. Compensation. City agrees to compensate Consultant for its services according
to the fee and payment schedule set forth in Exhibit B. In no event shall the total compensation
and costs payable to Consultant under this Agreement exceed the Maximum Amount designated
on Exhibit B hereto unless specifically approved in advance, in writing, by City. The funding
source for compensation paid to Consultant for services provided under terms of this Agreement
shall be Community Development Block Grant ("CDBG") funds provided to the City by the
United States Department of Housing and Urban Development ("HUD"), and the availability of
funds from which to compensate Consultant for said services is contingent upon the continued
availability of said CDBG funds.
4. Representatives.
A. Project Manager. The Project Manager for the services required under
this Agreement is hereby designated as Matt Crochet, who is a representative of Consultant and
authorized to act in its behalf with respect to the services specified herein. It is expressly
understood that the experience, knowledge, capability and reputation of the foregoing Project
Manager were a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing Project Manager shall be responsible during the term of this Agreement for directing all
activities of Consultant and for devoting sufficient time to personally supervise the services
hereunder. The foregoing Project Manager may not be changed by Consultant without the
express written approval of City.
B. Contract Administrator. The Contract Administrator and City's
representative shall be the person designated as City Manager of the City of Carson or the
Economic Development General Manager of the City, or in the absence of either of these
individuals, an individual designated in writing by the City Manager of the City of Carson or the
Economic Development General Manager. If no Contract Administrator is so designated, the
Economic Development General Manager shall be the Contract Administrator. It shall be
Consultant's responsibility to assure that the Contract Administrator is kept informed of the
progress of the performance of the services, and Consultant shall refer any decisions which must
be made by City to the Contract Administrator. Unless otherwise specified herein, any approval
of City required hereunder shall mean the approval of the Contract Administrator.
5. Standard of Performance. Consultant shall perform all work in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
6. Ownership of Work Product. All reports, documents, or other written material
developed by Consultant in the performance of this Agreement shall be and remain the property
of City without restriction or limitation upon its use or dissemination by City. The City
acknowledges the Consultant's designs and construction documents, including electronic files, as
instruments of professional service.
7. Status as Independent Contractor. Consultant is, and shall at all times remain
as to City, a wholly independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither
City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its agents are in any manner employees of City. Consultant
agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest
asserted against Agency by reason of the independent contractor relationship created by this
Agreement. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable workers' compensation laws.
City shall have the right to offset against the amount of any fees due to Consultant under this
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agreement any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to Agency any reimbursement or indemnification arising under this section.
8. Confidentiality. Employees of Consultant, in the course of their duties, may
have access to financial, accounting, and statistical data provided by City. Consultant covenants
that all data, documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Consultant without written authorization by City. City shall grant such authorization if
disclosure is required by law. Upon request, all City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant shall survive the termination of this
Agreement. This provision shall not apply to information in whatever form that comes into the
public domain, nor shall it restrict Consultant from giving notices required by law or complying
with an order to provide information or data when such order is issued by a court, administrative
agency of other authority with proper jurisdiction, or if it is reasonably necessary for Consultant
to defend itself from any suit or claim.
9. Conflict of Interest. Consultant covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance of this
Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant
shall avoid representation of any matter for another person or entity which would come before the
City or the Carson Redevelopment Agency ("Agency") during such time as it is engaged by the
Agency pursuant to this Agreement. Consultant agrees not to accept any employment or
representation during the term of this Agreement which is likely to make Consultant "financially
interested" (as provided in California Government Code Sections 1090 and 87100) in any
decision made by the City on any matter in connection with which Consultant has been retained
pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from
accepting other engagements with the City or the Agency.
Notwithstanding the previous paragraph, City specifically grants Consultant permission
to bid on and accept work from individual tenants or prospective tenants of redevelopment
projects within the City of Carson, provided, however, that the Consultant notifies the Project
Administrator prior to submission of a proposal for such work. Upon submission, the Project
Administrator may take whatever action necessary to remain in compliance with the previous
paragraph, including terminating Consultant's Agreement or current project or assignment for the
city.
10. Warranty and Representation of Non -Collusion. No official, officer, or
employee of the City or Agency has any financial interest, direct or indirect, in this Agreement,
nor shall any official, officer, or employee of the City or Agency participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any interest of any corporation, partnership, or association in which (s)he is directly
or indirectly interested, or in violation of any State of municipal statute or regulation. The
determination of "financial interest" shall be consistent with State law and shall not include
interest found to be "remote" or "non interest" pursuant to California Government Code Sections
1091 and 1091.5. Consultant warrants and represents that (s)he/it has not pair or given, and will
not pay or give, to any third party including, but not limited to, any City or Agency official,
officer, or employee, any money, consideration, or other thing of value as a result or consequence
of obtaining or being awarded this Agreement. Consultant further warrants and represents that
(s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result
in the payment of any money, consideration, or other thing of value to any third party including,
but not limited to, any City or Agency official, officer, or employee, as a result or consequence of
obtaining or being awarded any agreement. Consultant is aware of and understands that any such
act(s), omission(s), or other contact resulting in the payment of money, consideration, or other
thing of value will render this Agreement void and of no force or effect.
Consultant: Initials —//%�
11. Indemnification.
A. Consultant agrees to indemnify, hold harmless and defend City, Agency,
and their respective officers, employees, volunteers, and agents serving as independent
contractors in the role of City or Agency officials (collectively, "Indemnitees"), from any claim,
demand, liability, loss, cost, or expense, for any damage whatsoever, including bur not limited to
death or injury to any person and injury to any property, resulting from willful misconduct,
negligent acts, errors, or omissions of Consultant or any of its officers, employees, or agents.
B. City does not, and shall not, waive any rights that it may possess against
Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or
certificate required pursuant to this Agreement. This hold harmless, indemnification, and defense
provision shall apply regardless of whether or not any insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost, or expense. Consultant agrees that
Consultant's covenant under this section shall survive the termination of this Agreement.
12. Insurance.
A. Liability Insurance. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the services hereunder
by Consultant, his/her agents, representatives, employers, or subcontractors.
B. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (ed. 1/87)
covering Automobile Liability, code I (any auto).
(3) Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
than: C. Minimum Limits of Insurance. Consultant shall maintain limits no less
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury, and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit
shall apply separately to this Agreement or the general limit shall
be twice the required occurrence limit.
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(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury
or disease.
D. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by City. At the option of City's Risk
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects to the City, its officials, officers, employees, and volunteers; or Consultant shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
E. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, employees, agents, and volunteers are
to be covered as insureds as respects liability arising out of:
activities performed by or on behalf of Consultant; products and
completed operations of Consultant; premises owned, occupied,
or used by Consultant; or automobiles owner, leased, hired, or
borrowed by Consultant or professional services provided by
Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to City, its officers, officials,
employees, agents, or volunteers.
(2) For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance as respects City, its officers,
officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Consultant's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect
coverage provided to City, its officers, officials, employees,
agents, or volunteers.
(4) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, cancelled
by either party, reduced in coverage or in limits except after 30
days prior written notice by certified mail, return receipt
requested, has been given to City.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A. M. Best's rating of no less than A, unless waived by City's Risk Manager.
G. Verification of Coverage. Consultant shall furnish City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bond coverage on its behalf. The endorsements are to be on
forins provided by City. All endorsements are to be received and approved by City before work
commences. As an alternative to City forms, Consultant's insurer may provide complete,
certificated copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
H. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
13. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render any
reasonable assistance and cooperation which City might require.
14. Termination.
A. City shall have the right to terminate the services of Consultant at any
time for any reason on seven (7) calendar days written notice to Consultant. In the event this
Agreement is terminated by City, Consultant shall be paid for services satisfactorily rendered to
the last working day this Agreement is in effect, and Consultant shall have no other claim against
City by reason of such termination, including any claim for compensation.
B. Consultant shall have the right to terminate this Agreement at any time
for any reason on seven (7) calendar days written notice to City, and Consultant shall be paid for
services satisfactorily rendered to the last working day this Agreement is in effect.
15. Suspension. City may, in writing, order Consultant to suspend all or any part
of Consultant's services under this Agreement for the convenience of City or for work stoppages
beyond the control of City or Consultant. Sub ect to the provisions of this Agreement relating to
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ten-nination, a suspension of the services does not void this Agreement.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during receiving party's
regular business hours of by facsimile before or during receiving party's regular business hours;
or (b) on the second business day following deposit in the United States mail, postage prepaid, to
the addresses heretofore below, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
City:
City of Carson
Housing and Neighborhood Development Division
I Civic Plaza Drive, Suite 500
Carson, California 90745
Attention: Donyea Adams, Housing and Neighborhood Development Manager
Telephone: (310) 233-4860
Facsimile: (310) 233-4832
RI
Consultant:
Barr & Clark, Inc.
12684 Hoover Street
Garden Grove, California 92841
Attention: Matt Crochet, President
Telephone: (714) 894-5700
Facsimile: (714) 894-5702
17. Nondiscrimination and Equal Employment Opportunity. In the performance
of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that employees are treated without regard to their
race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
18. Assignability; Subcontractor. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder, without the prior written consent of City, and any attempt by Consultant to so assign,
transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no
effect.
19. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes, and regulations of the federal, state, and local governments. Consultant shall
obtain and maintain a valid City business license. Consultant shall comply with the Federal
Provisions included in Exhibit C hereto and by this reference incorporated herein ' with any
provisions related to the use of CDBG funds, provisions listed in Exhibit B hereto, requirements
for payment of prevailing wages, and all other laws related to this type of work and the funding
therefor.
20. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning or the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement.
21. Severability. 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 a 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 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 bargain or renders this Agreement
meaningless.
22. 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 bound.
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23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party to this
Agreement shall not be a waiver of any other condition of performance under this Agreement. In
no event shall the making by Agency of any payment to Consultant constitute or be construed as
a waiver by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or prejudice any
right or remedy available to City with regard to such breach or default.
24. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles
County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any
matter herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted this Agreement or who had drafted that portion of the Agreement.
25. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provision of any Exhibit or document incorporated
herein by reference, the provisions of this Agreement shall prevail.
26. Dispute Resolution. In an effort to resolve any conflicts that arise during the
design and construction of the project or following the completion of the project, City and
Consultant agree that all disputes between the parties arising out of or relating to this Agreement
or a project shall be submitted to nonbinding mediation unless the parties mutually agree
otherwise.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated Agreement between City and
Consultant. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
46city,
ATTEST:
CITY OF CARSON
By:
Cit� Cfe�kllfelen Ka�vago-e- By: —j-4,40 :b
Mayor Jim Dear
Approved as to form: "Consultant"
ALESHIRE & WYNDER, LLP BARR & CLARK, INC.
7-� By: 0 P By: 5;r
City Attorney Its Azim��,
By:
Its
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EXHEBIT A
SCOPE OF WORK
A. Consultant shall perform the following services:
I Provide staffing and other resources as required to perform the lead based paint
inspection services for the Neighborhood Pride Program. The scope of work
shall include the following:
a. Conduct lead hazard inspection/evaluation. During the evaluation,
consultant shall determine whether lead based paint or hazards exist in the
unit and where.
b. Conduct paint testing of all surfaces to be disturbed during he rehabilitation
process. A certified lead based paint inspector or risk assessor must conduct
paint testing.
c. Provide the City with a report indicating the findings of the paint testing.
d. For rehabilitation work in excess of $5,000, the consultant shall conduct and
prepare a risk assessment of the entire unit. A certified risk assessor must
conduct the risk assessment.
e. Conduct final clearance inspection to make sure the dwelling is safe for its
occupants. Final clearance shall assure that the following has been
completed:
• All lead hazard reduction work covered in the work specifications
has been completed.
• All areas where paint has been stabilized have been repainted with
primer and finish coats of paint.
• All causes of deteriorated pain have been repaired.
• Encapsulants have been applied according to their manufacturer's
recommendations.
• Friction and impact surfaces have been treated.
• Surfaces that collect lead dust have been cleaned.
B. In connection with performance of this Agreement, the Consultant's Project Manager
shall be Matt Crochet, President.
C The City's Contract Administrator shall be Clifford Graves, Economic Development
General Manager.
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EXHIBIT B
COMIPENSATION
For the services described in Exhibit "A" of this Agreement, City shall, in the amounts, by the
method, and at the times set forth below, pay Consultant as follows:
Upon receipt, verification, and approval of Consultant's Monthly Report and Invoice, City shall
reimburse Consultant for the approved amount of the invoice. Payment shall be remitted to
Consultant within sixty (60) days of receipt of said invoice.
Maximum Amount: The total amount paid to Consultant for services provided during the term of
this Agreement shall not exceed Seventy-six thousand one hundred seventy dollars and no cents
($76,170.00), as approved by the City Council of the City of Carson on September 2, 2008.
Payments to consultant shall be based on the following schedule of fees as documented by
submitted timesheets:
Combination Lead Based Paint Inspection and Risk Assessment (including visual
assessment and cost effective treatments�—This inspection will be in compliance with
24 CFR (Code of Federal Regulations) 35.930 (Title X), California Title 17 Regulations,
and the relevant chapters of the current version of the I -IUD Guidelines. Paint testing
will be performed using XRF methodology. All laboratory samples (dust and soil
samples) will be analyzed for lead content by a local laboratory accredited by the
American Industrial Association (AIHA), the National Institute for Standards and
Technology (NVLAP), and the California Department of Health Services (ELAP).
- Comprehensive LBP Inspection/RA—Typical Single -Family Residence:
$325.00
- Comprehensive LBP Inspection/RA—Typical Mobilehome: $295.00
- Limited LBP Inspection—Typical Single -Family Residence or Mobilehome
(Exterior Only): $225.00
All laboratory sampling costs are included in the above pricing.
LBP Clearance (Single -Family Residence or Mobilehome)--Conduct a lead clearance
inspection and issue abatement certification in compliance with 24 CFR 35.930 (Title X)
and the relevant chapters of the current version of the HUD Guidelines.
- LBP Clearance Inspection—Per job site visit: $150.00
- Laboratory samples for dust wipe or soil (typically 3 samples): $15.00 each
Discount—If five or more inspections are ordered concurrently, a 5% discount shall
apply.
Fees as indicated above shall be inclusive of all normal business overhead (i. e., costs for travel,
telephone service, facsimile transmission, et cetera).
All invoices shall payable within 30 days of presentation and verification.
Payments to Consultant may be withheld, suspended, or terminated in the event of any of the
following occurrences:
I I
If Community Development Block Grant (CDBG) funds to the City are suspended or
terminated.
If Consultant fails to comply with the provisions of this Agreement, or if the
Consultant refuses to accept additional conditions imposed by the City.
If Consultant fails to comply with rules and regulations of the City or of the United
States Department of Housing and Urban Development ("RUD").
4. If this Agreement is terminated.
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EXHIBIT C
FEDERAL PROVISIONS
During the performance of this Agreement, Consultant agrees to comply with the following
Federal provisions:
(1) Executive Order 11246 requires that during the performance of this contract, the
Consultant agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
color, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided by the Consultant setting forth the provisions of this
nondiscrimination clause.
(2) Section 3 of the Housing and Communi1y Development Act of 1968, as amended, 12
U. S. C. 1701, et seq., requires that to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the project area and
contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of
the project.
(3) Title V1 of the Civil Rights Act of 1964 provides that no person shall, on the grounds
of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
(4) Section 109, Title 1, of the Housing and Communi1y Development Act of 1974
provides that no person shall, on the grounds of race, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part under this
Title.
(5) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped
individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also
apply to any such program or activity.
(6) Contractor agrees to retain and provide to City, access to any books, documents,
papers and records for audit or examination for a minimum of three (3) years after
final payment and all other pending matters relative to the performance of this
contract are closed.
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City of Carson
Report to Mayor and City Council
September 2, 2008
New Business Consent
SUBJECT: CONSIDERATION OF APPROVAL OF A CONSULTANT RETAINER AGREEMENT
WITH BARR & CLARK, INC., TO PROVIDE LEAD-BASED PAINT INSPECTION
SERVICES FOR HOUSING AND NEIGHBORHOOD DEVELOPMENT
ZDIVMON
Submitted by 4 �FW. Graves ApprdN-,�J me G. Groomes
Economic Development General Manager City Manager
SUMMARY
Housing and Neighborhood Development Division staff issued a Request for
Proposals (RFP) for lead-based paint inspection and project coordination services
in connection with the Division's housing rehabilitation programs. Staff has
reviewed the proposals received in response to the RFP, and is recommending
selection of a consultant and approval of the Consultant Retainer Agreement.
RECOMMENDATION
TAKE the following actions:
1. APPROVE a one-year Consultant Retainer Agreement with Barr & Clark, Inc.,
in an amount not -to -exceed $76,170.00 for lead-based paint inspection and
project coordination services.
2. AUTHORIZE the Mayor to execute the agreement following approval as to
form by the City Attorney.
ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
Inspection for and abatement of lead-based paint (LBP) hazards is an essential
component of the housing rehabilitation programs operated by the Housing and
Neighborhood Development Division of the Economic Development Work Group.
The negative health effects of lead-based paint, particularly in terms of the
development of young children, are well documented. As a result, such inspection
and abatement is required in the rehabilitation of all residential structures built
before 1976 where such rehabilitation is performed using Federal Community
Development Block Grant (CDBG) funds, under the provisions of Section 24 of
City of Carson Report to Mayor and City Council
September 2, 2008
the Code of Federal Regulations (CFR), Part 35. Enforcement of the provisions of
24 CFR Part 35 has become an area of emphasis in recent years for the U. S.
Department of Housing and Urban Development (HUD).
Housing and Neighborhood Development staff issued a Request for Proposals
(RFP) on July 17, 2008, and set a deadline for responses of August 7, 2008. A
copy of the RFP is attached as Exhibit No. 1. The scope of services to be
performed is summarized as follows:
a. Conduct lead hazard inspection/evaluation. During the evaluation,
consultant shall determine whether lead-based paint or hazards exist in the
unit and where.
b. Conduct paint testing of all surfaces to be disturbed during the
rehabilitation process. A certified lead-based paint inspector or risk
assessor must conduct paint testing.
c. Provide the City with a report indicating the findings of the paint testing.
d. For rehabilitation work in excess of $5,000, the consultant shall conduct
and prepare a risk assessment of the entire unit. A certified risk assessor
must conduct the risk assessment.
e. Conduct final clearance inspection to make sure the dwelling is safe for
occupants. Final clearance shall ensure that all of the following has been
completed:
All lead hazard reduction work covered in the work specifications
has been completed.
All areas where paint has been stabilized have been repainted with
primer and finish coats of paint.
* All causes of deteriorated paint have been repaired.
Encapsulants have been applied according to their manufacturer's
directions.
* Friction and impact surfaces have been treated.
e Surfaces that collect lead dust have been cleaned.
This RFP was advertised in the Daily Breeze and Our Weekly, and was also sent
directly to a list of approximately 60 firms that were identified by staff (Exhibit
No. 2). As of the deadline submission date, proposals were received from a total
City of Carson Report to Mayor and City Council
September 2, 2008
of four firms: Lead Tech Environmental of San Pedro, Barr & Clark, Inc., of
Garden Grove, National Econ Corporation of Anaheim, and Condol's
Environmental Services of Yorba Linda. After reviewing the proposals, staff
determined that all four firms are qualified and capable of performing the work. A
summary and comparison of the proposed fees for each of the respondents (on a
unit cost basis) is attached as Exhibit No. 3. After careffil consideration of the
four proposals, staff is recommending the selection of Barr and Clark, Inc., and the
approval of a Consultant Retainer Agreement with that firm.
During program years 2004-2005 through 2006-2007, the Housing and
Neighborhood Development Division rehabilitated a total of 419 residential units
(single-family homes as well as mobilehomes). During program year 2006-2007,
125 units (74 single-family homes and 51 mobilehomes) were rehabilitated using
CDBG funds. (Another 11 single-family homes were rehabilitated using
Redevelopment Agency housing funds, a funding source that does not carry with it
the 24 CFR Part 35 LBP testing and abatement requirements.) Assuming a
projected annual CDBG workload of as many as 150 units, and a similar
proportion of single-family homes to mobilehomes, this would equate to 89 single-
family homes and 61 mobilehomes per year with CDBG funds. Based on the
prospect of a full inspection and clearance for each unit, the projected cost for
each firm is as follows:
Lead Tech International $ 76,950.00
Barr & Clark, Inc. $ 76,170.00
National Econ Corp. $196,500.00
Condol's Environmental Services $129,525.00
Based on the above cost comparison, staff is recommending the award of a one-
year contract to Barr & Clark, Inc., at a cost not to exceed $76,170.00.
V. FISCAL IMPACT
Funds for this proposed contract have been included in the CDBG budget and the
approved 2008-2009 Annual Action Plan under Rehabilitation Activities
(Neighborhood Pride Program).
V1. EXHIBITS
1. Request For Proposals, Lead -Based Paint Inspection Consultaing Services.
(pgs. 5-25)
2. Vendor List. (pgs. 26-29)
3. Lead Based Paint UP Comparison. (pgs. 30-32)
Document Name
-City of Carson Report to Mayor and City Council
September 2, 2008
Prepared by: Keith Bennett, Housing and Neighborhood Development Division
Id Rev0708
Revie ed bv:
City Clerk
A
City Treasurer
Administrative Services
De velopment Services
Economic Development Set
Public Services
M
Action taken by City Council
Date: Action:
!I
REQUEST FOR PROPOSALS
LEAD BASED PAINT INSPECTION
CONSULTING SERVICES
The City of Carson is seeking proposals from qualified individuals and/or firms for certified
lead based paint inspection consulting services in conjunction with the City's Neighorhood
Pride Program. The selected individual or firm will be required to perform all of the lead
based paint inspection tasks mandated in 24CFR Part 35. The consultant shall assign a
representative to the City, who will be responsible for the requested services. This individual
will be required to meet with the City's representative on an as needed basis to ensure proper
program implementation.
INSTRUCTIONS TO BIDDERS
PROPOSAL REQUIREMENTS AND CONDITIONS:
A. GENERAL
The City of Carson participates in the U.S. Department of Housing and Urban
Development's (HUD) Community Development Block Grant (CDBG) program.
The City has programmed funds for conducting lead based paint inspections for the
City's Neighorhood Pride Program. -
The City is seeking the services of a professional certified consulting firm to provide
assistance with lead based paint inspection services. The assistance to be provided
will ensure the proper implementation of HUD's requirements as mandated under
24CFR Part 35.
CDBG monies will be utilized to fimd the services of the selected firm, and the
expenditure of such funds shall adhere to all applicable Federal, State, County, and
local regulations. The City will allocate fands out of their program budget to address
the Scope of Work to be completed under this RFP. Proposals shall be submitted in
writing to the City and completed in the manner and form indicated herein, showing
the proposed price clearly and legibly. Proposals presented otherwise may not be
consideded.--
Each proposal so submitted must be filed prior to the time, and at the place designated
in the Notice Inviting Proposals. A proposal so presented, however, may be
withdrawn by the bidder, provided the request therefor is made in writing, is signed
Pg. I of 21
Exhibit No. I
Request for Proposal
Lead Based Paint Consulting Services
by the bidder or their authorized representative, and is filed prior to the time fixed for
the final filing of proposals. The withdrawal of a proposal does not prejudice the
right of the bidder to file a new proposal, provided it is in accordance with the Notice
Inviting Proposals.
Bidders must satisfy themselves by personal examination of the proposed work and
by . such methods that they deem appropriate as to the actual conditions and
requirements of the Scope of Work. Bidders shall not at any time after submission of
the proposal, dispute or assert that there was any misunderstanding with regard to the
nature of any work to be completed.
B. SCOPE OF WORK
The items to be included in the Scope of Work are indicated below. This list is not inclusive
of requirements based on unforeseeable program changes initiated by the City and/or HUD.
All work items will be carried out in conjunction with City staff direction, input, and review.
1. Provide staffing and other resources as required to perform the lead based paint
inspection services for.the Neighorhood Pride Program. The scope of work shall
include the following:
a. Conduct lead hazard inspection/evaluation. During the evaluation, consultant
shall determine whether lead-based paint or hazards exist in the unit and
provide their location(s).
b. Conduct paint testing of all surfaces to be disturbed during the rehabilitation
process. A certified lead-based paint inspector or risk assessor must conduct
paint testing.
c. Provide the City with a report indicating the findings of the paint testing.
d. For rehabilitation work in excess of $5,000, the consultant shall conduct and
prepare a risk assessment in conformance with the requirements delineated
under 24CFR Sec. 35.930(c)(2). A certified risk assessor must conduct the
risk assessment.
e. Conduct a final clearance inspection to ensure the dwelling is safe for its
occupants. Clearance examinations shall include a visual assessment, dust
samriples, ar ysis a m
of sampling results, and preparation of a report. Final clearance shall assure
that all of the following has been completed:
Ei All lead hazard reduction work covered in the work specifications has
Pg. 2 of 21
6
Z4\
Request for Proposal
Lead Based Paint Consulting Services
been completed in compliance with appropriate protocols, as determined
by inspection and any required testing.
u All areas where paint has been stabilized have been repainted with primer
and finish coats of paint.
u All causes of deteriorated paint have been repaired.
ci Encapsulants have been applied according to their manufacturer's
recommendations.
u Friction and impact surfaces have been treated.
u Surfaces that collect lead dust have been cleaned.
C. PROPOSAL CONTENT
The submitted proposal must address the four following areas:
1. Technical
Describe the approach to be taken in addressing each of the items set forth in the
Scope of Work. This is to include a listing of the specific task identified, as well as
others that you feel are required to properly implement the program. A sample Risk
Assessment Report which you have prepared shall be attached to your proposal
submission.
2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete the
Scope of Work. Resumes and applicable certificates of all proposed project
personnel must be included. The proposal must indicate a staff representative
assigned to act as Project Manager, who will have primary responsibility for this
program.
3. Prior Related Firm Experience
Submitting parties must be thoroughly competent and capable of satisfactorily
performing the Scope of Work covered by this proposal. A description of the firm's
-h ali
related work experiences should be indicated, strong familiarity wit CDBG d
HUD programs, demonstrated experience in: conducting lead based paint inspections,
preparing risk assessments, and conducting clearance testing.
Client references must be included, with a brief description of services provided,
Pct. 3 of 21
Request for Proposal
Lead Based Paint Consulting Services
dates of activity, and the name of a contact person and phone number for each
referenced job.
4. Cost and Pricing
This section shall include the proposed fees to conduct the five items listed below.
The fee shall be for each itern conducted separately. In addition, the consultant shall
submit an economy of scale price if applicable. if such a discount exists, the
consultant shall include the minimum number of units that would be required per trip
in order to qualify for the discount.
The five items are as follows:
1. Visual Assessment.
2. Paint Inspection/Paint Testing.
3. Risk Assessment.
4. Clearance Testing.
5. Recommendations Cost Effective Treatments.
D. EVALUATION MATRDC/AWARD
The award of this contract will be made to the lowest qualified bidder whose proposal
complies with all the prescribed requirements. The City reserves the Tight to reject any and
all proposals, and to waive any technical errors, irregularities, or discrepancies, if to do so are
deemed to serve the best interests of the City. In no event will an award by made until all
necessary investigations are made as to the responsibility and qualification of the bidder to
whom it is proposed to make such award.
Proposals will be reviewed and evaluated by City staff, and ranked based on the following
considerations:
Technical approach to Scope of Work
Experience of Proposal Personnel
Experience of Firm
co-
st
In the event that further clarifications are required, on-site interviews may be conducted.
Recommendations will be forwarded to the City Council for final selection and award.
Pg. 4 of 21
t,
Request for Proposal
Lead Based Paint Consulting Services
E. AGREEMENT
The selected proposal will be required to enter into an agreement with the City. The
agreement will require that the selected individual/firm comply with all HUD, CDBG, and
City requirements.
The agreement for the provision of services under this RFP will commence on or about
August 1, 2008 and run through June 30, 2009. The City, at its option, may renew the
contract for two additional years, or as required by HUD.
The agreement with the City will be based on approved unit rates. An agreement with the
selected bidder shall be signed and returned to the City within fifteen (15) days after it has
been delivered or mailed to them, or their authorized agent. A sample agreement is included
in Appendix B of this RFP.
No proposal shall be considered as being binding upon the City until the agreement is fully
executed, and failure of the awardee to properly execute the awarded agreement shall be just
and sufficient cause for annulment of the award by the City.
F. DISQUALIFICATION OF PROPOSALS
More than one proposal for the same work from any individual, firm, firm partnership,
corporation or association under the same or different names will not be accepted.
Reasonable grounds for believing that any bidder is interested in more than one proposal for
the work will be cause for rejecting all proposals in which such bidder is interested. Apparent
collusion among bidders will likewise be sufficient cause for rejecting any or all bids, and the
participants in such collusion may be barred from future bidding.
Proposals in which the prices are obviously unbalanced and those that are incomplete may be
rejected.
Pg. 5 of 21
Aq
Request for Proposal
Lead Based Paint Consultina, Services
APPENDIX"A"
GENERAL PROVISIONS
A. EXAMINATION OF REQUESTS FOR PROPOSALS
The bidder is required to examine carefully the Scope of Work. it will be assumed that the
bidder has thoroughly investigated the work to be completed and is satisfied as to the
conditions to be encountered and as to the quality and quantities of work to be performed.
The submission of a proposal shall be considered conclusive evidence that the bidder has
made such examination.
Any questions regarding the information contained in this RFP should be addressed to
Donyea Adams, Housing and Neighborhood Manager, Economic Development Department�
City of Carson, I Civic Plaza, Suite 500, Carson, CA 90749, (310) 2336-4800.
B. PROPOSAL FORM
All proposals must contain and address all items -set forth in Section C - Proposal Content,
under Instructions to Bidders.
All proposals must contain the prices proposed and must be otherwise properly
acknowledged by the bidder. If the bids are made by a partnership, the name(s) and
address(es) of the general and limited partner(s) and the managing partner(s) must be shown.
If made by a corporation, the bids must show the name of the state under which the laws of
the corporation were chartered, and the names, titles and address of the president, secretary,
treasurer, manager, and agent for service of process.
All proposals shall be submitted in sealed envelopes bearing on the outside the name of the
bidder, their address, and the name of the project for which the proposal is submitted. It is
the sole responsibility of the bidder to ensure that the proposal is submitted in a timely
manner. Any proposal received after the scheduled closing time for receipt of proposals will
be returned to the bidder unopened.
C. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR
---I�RREGUL_AMIE'S
Proposals may, at the City's option, be rejected if they contain any alterations, additions,
erasures, conditional terms or alternatives, are incomplete, show any irregularities of any
kind, or contain any additions or conditional or alternate bids that are not called for or
Pg. 6 of 21
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Request for Proposal
Lead Based Paint Consulting Services
el
otherwise permitted. The City reserves the right to reject any and all proposals.
D. LABOR DISCRWINATION
No discrimination shall be made in the employment of persons because of race, color or
religion of such persons and every bidder in violation of this section is subject to all penalties
imposed for violation of Chapter I of Part VII, Division 2 of the Labor Code, in accordance
with the provisions of Section 1753 thereof.
E. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND
REGULATIONS
The bidder shall comply with all applicable Federal, State, County, and City statutes,
ordinances, and regulations.
F. SUBLETTING OF AGREEMENT
The awardee shall not sublet any portion of this agreement with the City without the express
written permission of the City Manager or his designated representative.
G. OPTION OF CITY TO TERMINATE AGREEMENT IN EVENT OF FAILURE TO
COMPLETE WORK
The term of the agreement between the awardee and the City shall commence on or about
August 1, 2008 and continue for a period of approximately one-year until June 30, 2009 or
until terminated by either party as provided in the attached agreement. Either party may
terminate the agreement at any time upon giving thirty (30) days written notice of their
intention to do so.
Pa. 7 of 21
APPENDIX"B"
CONSULTING SERVICES AGREEMENT
CONSULTANT RETAINER AGREEMENT
(Carson Redevelopment Agency/
Name of Consultant)
THIS CONSULTANT RETAINER AGREEMENT is made as of [date], 2008 '(this
"Agreement), by and between the Carson Redevelopment Agency, a body corporate and politic
("Agency") and [Name of Consultant] ("Consultant").
RECITALS
A. Agency has determined that it requires the services of a private contractor to
perform lead based paint inspection, testing and reporting tasks necessary for the completion of
rehabilitation projects as part of Agency's Neighborhood Pride Program.
B. Agency desires to retain Consultant as an independent contractor to provide such
services on an as needed basis.
C. Consultant represents that it is fully qualified to perform such services by virtue of
its experience and the training, education, certification and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope and Level of Services. The nature, scope, and level of the specific
services to be performed by Consultant are as set forth in Exhibit A hereto and by this reference
incorporated herein. Consultant shall provide such services on an as needed basis when given
written instruction to do so by the Contract Administrator (as defined in Section 4 below).
B. Time of Performance. The services shall be performed on a timely,
regular basis in accordance with the written instruction of the Contract Administrator. Time is of
the essence in the performance of this Agreement.
C. Standard of Care. As a material inducement to Agency to enter into this
Agreement, Consultant hereby represents and warrants that it has the experience necessary to
juhdertfflw��gervi-cesio--be-p-rovided�hffdn.-�-
D. Compliance with Law. All services rendered hereunder by Consultant
shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and
regulations of Agency and any federal, state or local government agency having jurisdiction in
effect at the time service is rendered. Additionally, Consultant agrees to comply with the
Pa. 8 of 21
el
provisions and requirements of Exhibit C.
2. Term of Agreement. This Agreement is effective on the date set forth in the
initial paragraph of this Agreement and shall remain in effect for a period of one year unless
earlier terminated pursuant to Section 14.
3. Compensation. Agency agrees to compensate Consultant for its services
according to the fee and payment schedule set forth in Exhibit A. In no event shall the total
compensation and costs payable to Consultant under this Agreement exceed the Maximum
Amount designated on Exhibit B hereto unless specifically approved in advance, in writing, by
Agency.
4. Representatives.
A. Project Manager. The Project Manager for the services required under this
Agreement is hereby designated as (Name of Individual), who is a representative of Consultant
and authorized to act in its behalf with respect to the services specified herein. It is expressly
understood that the experience, knowledge, capability and reputation of the foregoing Project
Manager were a substantial inducement for Agency to enter into this Agreement. Therefore, the
foregoing Project Manager shall be responsible during the term of this Agreement for directing
all activities of Consultant and for devoting sufficient time to person ' ally supervise the services
hereunder. The foregoing Project Manager may not be changed by Consultant without the
express written approval of Agency.
B. Contract Administrator. The Contract Administrator and Agency's
representative shall be the person designated as Executive Director of the Agency or the
Economic Development General Manager of the City of Carson, or in his or her absence, an
individual designated in writing by the.Executive Director of the Agency or the Economic
Development General Manager of the City of Carson. If no Contract Administrator is so
designated, the Economic Development General Manager shall be the Contract Administrator. It
shall be Consultant's responsibility to assure that the Contract Administrator is kept informed of
the progress of the performance of the services, and Consultant shall refer any decisions which
must be made by Agency to the Contract Administrator. Unless otherwise specified herein, any
approval of Agency required hereunder shall mean the approval of the Contract Administrator.
5. Standard of Performance. Consultant shall perform all work in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
----------
6. Ownership of Work Product. All reports, documents, or other written material
developed by Consultant in the performance of this Agreement shall be and remain the -property
of Agency without restriction or limitation upon its use or dissemination by Agency. The
Agency acknowledges the *Consultant's designs and construction documents, including electronic
files, as instruments of professional service.
Pg. 9 of 21
7. Status as Independent Contractor. Consultant is, and shall at all times remain
as to Agency, a wholly independent contractor. Consultant shall have no power to incur any
debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an,
agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents are in any manner employees of
Agency. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments,
penalties, and interest asserted against Agency by reason of the independent contractor
relationship created by this Agreement. Consultant shall fully comply with the workers'
compensation law regarding Consultant and Consultant's employees. Consultant further agrees
to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable
workers' compensation laws. Agency shall have the right to offset against the amount of any
fees due to Consultant under this agreement any amount due to Agency from Consultant as a
result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification
arising under this section.
8. Confidentiality. Employees of Consultant, in the course of their duties, may
have access to financial, accounting, and statistical data provided by Agency. Consultant
covenants that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are deemed confidential and shall not
be disclosed by Consultant without written authorization by Agency. Agency shall grant such
authorization if disclosure is required by law. Upon request, all Agency data shall be returned to
Agency upon the termination of this Agreement. Consultant's covenant shall survive the
termination of this Agreement. This provision shall not apply to information in whatever form
that comes into the public domain, nor shall it restrict Consultant from giving notices required by
law or complying with an order to provide information or data when such order is issued by a
court, administrative agency of other authority with proper jurisdiction, or if it is reasonably
necessary for Consultant to defend itself from any suit or claim.
9. Conflict of Interest. Consultant covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance of this
Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant
shall avoid representation of any matter for another person or entity which would come before
the City or the Agency during such time as it is engaged by the Agency pursuant to this
—Agreement. ---Consultant -agrees-not to acq�ptan the__erm.____
_p rAggesentation during t of
-y-ern loyinentor
this Agreement which is likely to make Consultant "financially interested" (as provided in
California Government Code Sections 1090 and 8 7100) in any decision made by the Agency on
any matter in connection with which Consultant has been retained pursuant to this Agreement.
Nothing in this section shall, however, preclude Consultant from accepting other engagements
with Agency or the City of Carson.
Pg. 10 of 21
Z/4
Notwithstanding the previous paragraph, Agency , specifically grants Consultant
permission to bid on and accept work from individual tenants or prospective tenants of
redevelopment projects within the City of Carson, provided, however, that the Consultant
notifies the Project Administrator prior to submission of a proposal for such work. Upon
submission, the Project Administrator may take whatever action necessary to remain in
compliance with the previous paragraph, including terminating Consultant's Agreement or
current project or assignment for the Agency.
10. Warranty and Representation of Non -Collusion. No official, officer, or
employee of the City or Agency has any financial interest, direct or indirect, in this Agreement,
nor shall any official, officer, or employee of the City or Agency participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any interest of any corporation, partnership, or association in which (s)he is
directly or indirectly interested, or in violation of any State of municipal statute or regulation.
The determination of "financial interest" shall be consistent with State law and shall not include
interest found to be "remote" or "non interest" pursuant to California Government Code Sections
1091 and 1091.5. Consultant warrants and represents that (s)he/it has not pair or given, and will
not pay or give, to any third party including, but not limited to, any Agency or City official,
officer, or employee, any money, consideration, or other thing of value as a result or consequence
of obtaining or being awarded this Agreement. Consultant finther warrants and represents that
(s)heht has not engaged in any act(s), omission(s), or other conduct or collusion that would result
in the payment of any money, consideration, or other thing of value to any third party including,
but not limited to, any Agency or City official, officer, or employee, as a result or consequence of
obtaining or being awarded any agreement. Consultant is aware of and understands that any such
act(s), omission(s), or other contact resulting in the payment of money, consideration, or other
thing of value will render this Agreement void and of no force or effect.
Consultant: Initials
11. Indemnification.
A. Consultant agrees to indemnify, hold harmless and defend Agency, the
City of Carson ("City"), and their respective officers, employees, volunteers, and agents serving
as independent contractors in the role of City or Agency officials (collectively, "Indemnitees"),
from any claim, demand, liability, loss, cost, or expense, for any damage whatsoever, including
bur not limited to death or injury to any person and in ury to any property, resulting from willful
misconduct, negligent acts, errors, or omissions of Consultant or any of its officers, employees,
or agents.
B. Agency does not, and shall not, waive any rights that it may possess
against Consultant because of the acceptance by Agency, or the deposit with Agency, of any
insurance policy or certificate required pursuant to this Agreement. This hold harmless,
Pg. 11 of 21
21
z 1 1.5
indemnification, and defense provision shall apply regardless of whether or not any insurance
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or
expense. Consultant agrees that Consultant's covenant under this section shall survive the
termination of this Agreement.
12. Insurance.
. A. Liability Insurance. Consultant shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the services hereunder by Consultant,
his/her agents, representatives, employers, or subcontractors.
than:
B. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
C. Minimum Limits of Insurance. Consultant shall maintain limits no less
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury, and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit
shall apply separately to this Agreement or the general limit shall
be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
D-------D—educt-ibles - and - Sel-f4nsured - Retentions -. -- Any deductibles -or -self-insured
retentions must be declared to and approved by Agency. At the option of Agency's Risk
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects to the Agency, its officers, employees, and volunteers; or Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Pg. 12 of 21
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E. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) Agency, its officers, officials, employees, agents, and volunteers
are to be covered as insured's as respects liability arising out of
activities performed by or on behalf of Consultant; products and
completed operations of Consultant; premises owned, occupied, or
used by Consultant; or automobiles owner, leased, hired, or
borrowed by Consultant or professional services provided by
Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to Agency, its officers, officials,
employees, agents, or volunteers.
(2) For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance. as respects Agency, its
officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by Agency, its officers,
officials, employees, agents, or volunteers shall be excess of
Consultant's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage
provided to Agency, its officers, officials, employees, agents, or
volunteers.
(4) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after 30 days
prior written notice by certified mail, return receipt requested, has
been given to Agency.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A. M. Best's rating of no less than A, unless waived by Agency's Risk Manager.
G. Verification of Coverage. Consultant shall furnish Agency with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bond coverage on its behalf. The endorsements are to be on
forms provided by Agency. All endorsements are to be received and approved by Agency before
work commences. As an alternative to Agency forms, Consultant's insurer may provide
Pa. 13 of 21
Z 1.17 \
complete, certificated copies of all required insurance policies, including endorsements affecting
the coverage required by these specifications.
H. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
13. Cooperation. In the event any claim or action is brought against Agency relating
to Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which Agency might require.
14. Termination.
A. Agency shall have the right to terminate the services of Consultant at. any
time for any reason on seven (7) calendar days written notice to Consultant. In the event this
Agreement is terminated by Agency, Consultant shall be paid for services satisfactorily rendered
to the last working day this Agreement is in effect, and Consultant shall have no other claim
against Agency by reason of such termination, including any claim for compensation.
B. Consultant shall have the right to terminate this Agreement at any time for
any reason on seven (7) calendar days written notice to Agency, and Consultant shall be paid for
services satisfactorily rendered to the last working day this Agreement is in effect.
15. Suspension. Agency may, in writing, order Consultant to suspend all or any part -
of Consultant's services under this Agreement for the convenience of Agency or for work
stoppages beyond the control of Agency or Consultant. Subject to the provisions of this
Agreement relating to termination, a suspension of the services does not void this Agreement.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during receiving party's
regular business hours of by facsimile before or during receiving party's regular business hours;
or (b) on the second business day following deposit in the United States mail, postage prepaid, to
the addresses heretofore below, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
Agency:
Carson Redevelopment Agency
Housing and Neighborhood Development Division
1-,Civic-Plaza-Drivaj -Suite-5-00
Carson, California 90745
Attention: Donyea Adams, Housing and Neighborhood Development Manager
Telephone: (310) 233-4860
Facsimile: (310) 233-4832
Pg. 14 of 21
z IR
Consultant:
Name of Firm
Street Address
City, State, Zip
Attention: Individual's Name and Title
Telephone:
Facsimile:
17. Nondiscrimination and Equal Employment Opportunity. In the performance
of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that employees are treated without regard to
their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
18. Assignability; Subcontractor. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder, without the prior written consent of Agency, and any attempt by Consultant to so
assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void
and of no effect.
19. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes, and regulations of the federal, state, and local governments. Consultant shall
obtain and maintain a valid City business license.
20. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning or the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement.
21. Severability. 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
a 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 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 bargain -or -renders -this Agreement_
meaningless.
22. 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
Pg. 15 of 21
Z 149
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 bound.
23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party to this
Agreement shall not be a waiver of any other condition of performance under this Agreement. In
no event shall the making by Agency of any payment to Consultant constitute or be construed as
a waiver by Agency of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by Agency shall in no way impair or prejudice
any right or remedy available to Agency with regard to such breach or default.
24. Attorney's Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County.
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation
providing for interpretation against the party who causes the uncertainty to exist or against the
party who drafted this Agreement or who had drafted that portion of the Agreement.
25. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provision of any Exhibit or document incorporated
herein by reference, the provisions of this Agreement shall prevail.
26. Dispute Resolution. In an effort to resolve any conflicts that arise during the
design and construction of the project or following the completion of the project, the Agency and
the Consultant agree that all disputes between the parties arising out of or relating to this
Agreement or a project shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated Agreement between Agency and
Consultant. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
Pg. 16 of,21
A aD
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"Agency"
ATTEST:
M -
Secretary Helen Kawagoe
Approved as to form:
ALESHIRE & WYNDER, LLP
-0
City Attorney
"Consultant"
CITY OF CARSON
Bv:.
City Manager Jerome G. Groomes
[NAME OF FIRM]
By:
Its
Pg. 17 of 21
k21
EXHIBIT A
SCOPE OF WORK
A. Consultant shall perform the following services:
1. Provide staffing and other resources as required to perform the lead based paint
inspection services for the Neighborhood Pride Program. The scope of work shall
include the following:
a. Conduct lead hazard inspection/evaluation. During the evaluation, consultant shall
determine whether lead-based paint or hazards exist in the unit and where.
b. Conduct paint testing of 0 surfaces to be disturbed during the rehabilitation
process. A certified lead-based paint inspector or risk assessor must conduct paint
testing.
c. Provide the City with a report indicating the findings of the paint testing.
d. For rehabilitation work in excess of $5,000, the consultant shall conduct and prepare
a risk assessment of the entire unit. A certified risk assessor must conduct the risk
assessment.
f. Conduct final clearance inspection to make sure the dwelling is safe for their
occupants. Final clearance shall assure that all of the following has been completed:
Li All lead hazard reduction work covered in the work specifications has been
completed.
• All areas where paint has been stabilized have been repainted with primer and
finish coats of paint.
• All causes of deteriorated paint have been repaired.
E3 Encapsulants have been applied according to their manufacturer's
recommendations.
ci Friction and impact surfaces have been treated.
Li Surfaces that collect lead dust have been cleaned.
Pg. 18 of 21
Z 22,
EXHIBIT B
COMPENSATION
For the services described in Exhibit "A" to this Agreement, City shall, in the amounts, by the
method, and at the times set forth, pay Consultant as follows:
Upon receipt� verification, and approval of Consultant's Monthly Report and Invoice, City shall
reimburse Consultant for the approved amount of the invoice. The total paid to Consultant shall
not exceed dollars ($ by end of program year.
Payment shall be for eligible services related to the 2008-2009 Neighborhood Pride Program
only, and shall be drawn from City's Community Development Block Grant allocation.
Payments will be made only upon Consultant completion of the contracted services, and utilizing
the Citys standard warrant register procedures.
Payments to Consultant shall be based on the following schedule as documented by submitted
timesheets:
[To be completed based on proposal]
Payment to the Consultant may be withheld, suspended or terminated under the following terms:
If CDBG funds to the City are suspended or terminated, or if the Consultant refuses to
accept additional conditions imposed by the City.
2. If Consultant fails to comply with the provisions of this Agreement. .
3. If Consultant fails to comply with HUD or City rules and regulations.
4. If this Agreement for Contract Services is terminated
Pg. 19 of 21
A 2S
EXHIBIT C
FEDERAL PRIOVISONS
A. - During the performance of this contract, Consultant agrees to comply with the following
federal provisions:
(1) Executive Order 11246 requires that during the performance of this contract, the
Consultant agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Consultant setting forth
the provisions of this nondiscrimination clause.
(2) Section 3 of the Housing and Community Development Act of 1968, as amended,
12 U.S.C. 1701 et. seq.,"requires that to the greatest extent feasible, opportunities
for training and employment be given to lower income residents of the project
area and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
(3) Title VI of the Civil Rights Act of 1964 provides that no person shall, on the
ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity,receiving federal financial assistance.
(4) Section 109, Title I of the Housing and Communily Development Act of 1974
provides that no person shall, on the ground of race, color, national origin, or sex,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part under this
Title.
(5) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped
individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also
apply to any such program or activity.
Pg. 20 of 21
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(6) Contractor agrees to retain and provide to Agency, access to any books,
documents, papers and records for audit or examination for a minimum of three
(3) years after final payment and all other pending matters relative to the
performance of this contract are closed.
Pg. 21 of 21
k25
Vendor List—Lead Based Paint Request for Proposals
AAA LEAD Consultants and Inspections, Inc.
Corona, CA
ACC Environmental Consultants, Inc.
Los Angeles, CA
A Rapco — West
Los Angeles, CA
ATE Environmental, Inc.
City of Industry, CA
A to Z Building Services
Torrance, CA
Absolute Abatement
Placentia, CA
Ace Sandblasting Corp.
Glendale, CA
Allied Environmental Services/Allied Industries
Sherman Oaks, CA
Allied Industries, Inc.
North Hollywood, CA
American Environmental Group
Westlake Village, CA
American Freezeblast, Inc.
Canoga Park, CA
Apex Environmental Recovery
San Juan Capistrano, CA
Arena Painting Contractors, Inc.
Gardena, CA
Asbestos Environment & Safety
Hacienda Heights, CA
Asbestos Instant Response, Inc.
Los Angeles, CA
BMW Environmental Services Corp.
Glendale, CA
Exhibit No. 2 /26
Barr & Clark, Inc.
Garden Grove, CA
Bielski Specialty Services
Anaheim, CA
CNS Environmental, Inc.
Norwalk, CA
CST Environmental, Inc.
Brea, CA
Certified Contracting Services, Inc.
Van Nuys, CA
Channel Coast Corp.
Santa Barbara, CA
Citadel Environmental Service, Inc.
Glendale, CA
Clark Seif Clark, Inc.
Chatsworth, CA
Condol's Environmental Services
Yorba Linda, CA
Envirocheck, Inc.
Orange, CA
Envirocon, Inc.
Cypress, CA
Environmental Construction Group, Inc.
Long Beach, CA
Envirotech Industries, Inc.
Montebello, CA
Evans Sandblasting Corp.
Los Angeles, CA
Executive Environmental Services Corp.
Arcadia, CA
FCG & Co.
Baldwin Park, CA
Forbess Consulting Group, Inc.
Ojai, CA
z27
Forensic Analytical Specialties, Inc.
Rancho Dominguez, CA
Fresh Air Environmental Services, Inc.
Commerce, CA
Gale/Jordan Associates, Inc.
Torrance, CA
Gonzalez Construction Company
Los Angeles, CA
International Environmental Corp.
Ventura, CA
Key Environmental Services/Universal Abatement Services, Inc.
Los Angeles, CA
Lead Tech International
San Pedro, CA
Ray Lewis, Certified Mold & Remediation Inspection
Palmdale, CA
MEC, Inc. Demolition/Environmental Remediation
Edwards AFB, CA
MTGL, Inc.
Anaheim, CA
Matrix Environmental, Inc.
Santa Fe Springs, CA
Miller Environmental, Inc.
Anaheim, CA
Multiple Plant Services, Inc.
Anaheim, CA
National Econ Corporation
Anaheim, CA
PEB Environmental & Safety, Inc.
Pomona, CA
Pacific Demolition, Inc.
Anaheim, CA
Resource Environmental, Inc.
Long Beach, CA
Z28
Service 1st Environmental
Costa Mesa, CA
Spectra Company
Pomona, CA
Techno Coatings, Inc.
Anaheim, CA
Total Environmental Industries, Inc.
Fontana, CA
Tri Span, Inc.
Brea, CA
Universal Abatement Services
Los Angeles, CA
Universal Abatement Services, Inc.
Huntington Beach, CA
Unlimited Environmental, Inc.
Signal Hill, CA
R. E. Williams & Sons, Inc.
Torrance, CA
Zenco Engineering
Camarillo, CA
z29
Lead Based Paint RFP Comparison
A. Lead Tech Environmental
Contact: Steven DenzIer
605 S. Pacific Ave., Suite 202
San Pedro, CA 90731
(310) 831-2479
Full HUD XFR Inspection and Risk Assessment
Typical Single -Family Residence
Typical Mobilehome
Limited Lead Based Paint Inspection, Single -Family Residence
and Mobilehome
$325.00
$325.00
$200.00
Full HUD XFR Inspection and Risk Assessment (Economy of Scale Discountl
Typical Single -Family Residence $299.00
Typical Mobilehome $299.00
Limited Lead Based Paint Inspection, Single -Family Residence
and Mobilehome $185.00
Lead Based Paint Clearance Inspection
Lead Based Paint Clearance Inspection $149.00
Dust or Soil Sample (typically 3 samples) $ 13.00 each
Examples:
1 Single -Family Residence Inspection and Clearance $513.00
1 Mobilehome Inspection and Clearance $513.00
2 or more Single -Family Residence Inspection and Clearance $487.00
2 or more Mobilehome Inspection and Clearance $487.00
*Economy of scale discount applies when two or more projects are scheduled on the
same day.
B. Barr & Clark, Inc.
Contact: Matt Crochet
12684 Hoover St.
Garden Grove, CA 92841
(714) 894-5700
Full HUD XFR Inspection and Risk Assessment
Typical Single -Family Residence $325.00*
Typical Mobilehome $295.00*
Limited Lead Based Paint Inspection, Single Family Residence
and Mobilehome $225.00**
Exhibit No. 3 z 30
Barr & Clark continued
Lead Based Paint Clearance Inspection
Lead Based Paint Clearance Inspection $150.00
Dust or Soil Sample (typically 3 samples) $ 15.00 each
Examples:
1 Single -Family Residence Inspection and Clearance $520.00
1 Mobilehome Inspection and Clearance $490.00
5 or more Single -Family Residence Inspection and Clearance $494.00
5 or more Mobilehome Inspection and Clearance $469.50
*5% Discount for five or more inspections ordered concurrently.
"Exterior only
C. National Econ Corp.
Contact: Mark S. Ervin
1899 Santa Cruz Dr.
Anaheim, CA 92805
(714) 978-6320
Full HUD XFR Inspection and Risk Assessment
Typical Single -Family Residence
Typical Mobilehome
Limited Lead Based Paint Inspection, Single -Family Residence
and Mobilehome
Lead Based Paint Clearance Inspection
Lead Based Paint Clearance Inspection
Examples:
1 Single -Family Residence Inspection and Clearance
1 Mobilehome Inspection and Clearance
$880.00*
$880.00*
$275.00*
$430.00
$1310.00
$1310.00
*Economy of scale discount is $610.00 per unit at 11 units or more.
D. Condol's Environmental Services
Contact: Davie Condol
18345 Yorba Linda Blvd., Suite 107
Yorba Linda, CA 92886
Z 31
Condol's Environmental Services Continued
Full HUD XFR Inspection and Risk Assessment
Typical Single Family Residence $539.00
Typical Mobilehome $539.00
Limited Lead Based Paint Inspection, Single -Family Residence
and Mobilehome $179.00-$229.00
Lead Based Paint Clearance Inspection
Lead Based Paint Inspection $250.00-$399.00
Full HUD XFR Inspection and Risk Assessment (Economy of Scale Discount*
Typical Single Family Residence $479.00
Typical Mobilehome $479.00
Limited Lead Based Paint Inspection, Single -Family Residence
and Mobilehome $179.00-$229.00
Examples:
1 Single -Family Residence Inspection and Clearance
$789.00-$938.00
1 Mobilehome Inspection and Clearance
$789.00-$938.00
3 Single -Family Residence Inspection and Clearance
$729.00-$878.00
3 Mobilehome Inspection and Clearance
$729.00-$878.00
*Economy of scale discount applies when two or more projects
are scheduled on the
same day.
Z� 32