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HomeMy WebLinkAboutTERRACON CONSULTANTS, INC.INSURANCE NOT ON FILE A-2018-192 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE;OCT 0 2 2018 �%) AGREEMENT TO PROVIDE HAZARDOUS MATERIALS SURVEY Lx f ilk SERVICES ON AN ON-CALL BASIS THIS AGREEMENT is made and entered into this 21st day of August, 2018 by and between Terracon Consultants, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 8, 2018, the City issued Request for Proposal No. 18-043, by which it sought a consultant to provide various environmental services on an on-call basis for the City's Public Works Agency. 13. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-043. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and, subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the City's sole discretion, Consultant shall perform the hazardous materials survey services that were described in the scope of work that was included in RFP No. 18-043 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Cost Proposal attached as Exhibit B. Consultant is one of two consultants selected to provide hazardous materials survey services on an as -needed basis under RPP No. 18-043. The total compensation for these services provided by all consultants selected under RFP No. 18-043 to perform them shall not exceed $149,850 during the term of the Agreement, including any extension periods. This sum is comprised of (1) the base amount of $135,000 and (2) an '.11% contingency in the amount of $14,850 for additional services at the City's sole discretion. Page 1 of 14 b. Consultant will be reimbursed for hours worked at the hourly rates specified in Consultant's Cost Proposal attached as Exhibit B. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all Page 2 of 14 costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and flask Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. M. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed $149,850. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, 'Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. Page 3 of 14 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on the date first written above, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on August 20, 2021, unless terminated earlier in accordance with Section 21. The term of this Agreement may be extended for up to two 1 -year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. 6. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 4 of 14 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 8. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 5 of 14 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal Page 6 of 14 or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by City's Executive Director of Finance. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Executive Director of Finance of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 7 of 14 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the sante degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 8 of 14 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Terracon 1421 Edinger Avenue, Suite C Tustin, CA 92780 Attn: Carl A. Parten A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States snail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between thc_parties_In the event of a conflict between the termso£this Agreement _and - any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts Page 9 of 14 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. C. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 10 of 14 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. City may terminate this Agreement should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this Agreement with Consultant, City shall pay Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost of completion to City exceeds the funds remaining in the Agreement, in which case the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand. 22. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 23. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 24. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 11 of 14 25. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. d. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. Page 12 of 14 26. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. 27. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GOD Z II, Clerk of the Council City Manager Page 13 of 14 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: J r M.Punk Assistant City Attorney FOR APPROVAL FuadS. ciss, PE,`P Eicecutive irector Public Wgr Agency CONSULTANT �- Name: Carl A. Parien Title:. Principal in Margo Page 14 of 14 _ City of Santa Ana Attn: Kenny Nguyen 1%rraeon Public Works Agency 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, California 92701 Terracon Consultants, Inc. 1 1421 Edinger Avenue, Suite C I Tustin, CA 92780 1 (949) 261 0051 Mr. Danish Mansoor I Danish.Mansoor@terracon.com I. Statement of Qualifications City of Santa Ana Public Works Agency Proposal to Provide Various Environmental Service (RFP No. 18-043) A. COVER LETTER June 5, 2018 Mr. Kenny Nguyen City of Santa Ana Public Works Agency 20 Civic Center Plaza 3r1l Floor Reception, Ross Annex Santa Ana, California 92701 Dear Mr. Nguyen; Terracon is excited to present our proposal to provide Various Environmental Services to the City of Santa Ana (City), Santa Ana Public Works Agency. We will provide the City with the skills, successful experience, and necessary qualifications that the City seeks in Its consultants. Terracon has completed hundreds of Public Agency projects with specific experience with Cities and Counties along with their supporting agencies. We specialize in Capital Improvement Projects with specific emphasis on hazardous materials surveys, Phase I Environmental Site Assessments (ESAs), Phase II ESAs and environmental remediation services. Terracon offers the City an experienced team that has the capacity to meet all of your project needs, even on short notice. We have the ability and competence to provide high quality and responsive service. Our firm's success is evidenced by a current ranking of 30 in Engineering News -Records 2017 listing of the Top 500 Design Firms, as compared to a ranking of 50 a decade ago, and Terracon is ENR's #1 firm in the nation for Asbestos and Lead Abatement Design. Your Project Manager and main point of contact for this proposal will be Mr. Danish Mansoor. His contact information is: Terracon Consutiants, Inc. 1421 Edinger Avenue, Suite C Tustin, California 92780 Contact: Danish Mansoor Danish.Mansoor cr terracon.co_m 949-383-1976 _ We've received Q&A #1 dated May 22, 2018 and have incorporated the necessary changes into our proposal. We are looking forward to presenting our proposal to you. Please contact Danish Mansoor at 949-383-1976. Mansoor Carl A, Parten Manager Principal in Charge Terracon Consultants, Inc. 1421 Edinger Avenue, Suite C Tustin, California 92780 P (949) 261 0051 F (949) 261 6110 terracon.com Environmental a Facilities a Geotechnical ® Materials Terracon agrees with the terms and conditions, we do not have any concurrence or concerns with any provisions contained in the Agreement attached as Attachment 2 in the Appendix. * City of Santa Ana Regional Transportation Center 1rCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) 2 — A2 Hazardous Materials Surveys Environmental ® Facilities A Geotechnical a Materials FIRM PROFILE AND EXPERIENCE Terracon Consultants, Inc., is a 100% employee -owned corporation. Terracon has provided professional services to the A/E/C industry for 53 years. As a construction -oriented professional services firm, Terracon has proven our ability to provide all required services outlined in the RFP as well as meet mandatory. We achieve this by managing our projects as a portfolio and utilizing our cross -trained staff and in-house equipment from our Orange County office and all eight (8) of our regional offices to make committed personnel and resources available as they are needed, including non-traditional work schedules. We have no commitments or potential commitments that might impact our ability to provide you with great service. We are a fiscally conservative firm and, therefore, are able to thrive in the severest of economic downturns. Since 1965, Terracon has successful multi -discipline firm following service lines: • Environmental ® Facilities • Geotechnical • Materials evolved into a ENPiflankiags(Nll specializing in the Terracon has more than 4,000 employees providing environmental, facilities, geotechnical, and materials services from more than 140 offices nationwide. Our firm's success is evidenced by a current ranking of 30 in Engineering News -Record's 2017 listing of the Top 500 Design Firms, as compared to a ranking of 50 a decade ago and the #1 firm in the nation for Asbestos and Lead Abatement Design. Our growth is due to dedicated employees who are responsive to clients, provide quality services, and take advantage of opportunities in the marketplace. We are known for providing strong project leadership and professional environmental consulting services on public sector projects. Projects for the City will be managed out of our Orange County office located in the City of Tustin, approximately five (5) miles from your office. In addition, we can draw on additional resources from our 8 regional offices throughout California, Nevada and Arizona. Of the many services we offer, Terracon is best known for our hazardous materials surveys and asbestos and lead abatement design services. We are currently #1 in ENR's rankings. Our team has performed hundreds of asbestos and lead survey and abatement management projects for a variety of clients, such as municipal and state agencies, industrial and commercial clients, and transportation agencies. In addition to asbestos, lead, and mold services, our local team can provide additional environmental consulting services to the City. PROJECT TEAM Terracon proposes a team of professional and technical personnel to meet the City requirements and provide the environmental consulting services that could be assigned under the City's contract. Our team has a proven track record in delivering top-notch technical work with outstanding client service. This team was specifically selected because of their experience, regulatory knowledge and project management skills. 1fCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 15-043) A2 — Hazardous Materials Surveys Environmental m Facilities s Geotechnical a Materials The Organization Chart below presents our organizational structure for this contract. Mr. Danish Mansoor, CAC, will be the Project Manager for this contract. He possesses the broad experience in a variety of Hazardous Materials Survey projects and services that make him suited to coordinate work assignments, communicate with the City, and serve as a primary point of contact throughout the duration of the project. He will work with City representatives on developing the most effective and efficient lines of communication for our project teams. Mr. Mansoor will be supported by senior technical leaders and a deep bench of skilled field personnel, as outlined in following pages. ORGANIZATION CHART Danish Mansoor, CAC` ct Manager / Primary Contact Mike Benefield, CAC Manager/ Technical Advisor Charles Yoon, CAC`' Michael Jarboe, CSST Additional Staff to be be available depending upon workload. Carl Parten Principal in Charge Lori Cathcart QA/QC Principal In Charge: Mr. Carl Parten has over twenty-nine years of experience in environmental consulting in multiple regional regulatory districts throughout the United States. His professional experience includes comprehensive site investigations and remediation studies for Industrial and Hazardous Waste sites, municipal solid waste landfill sites and underground storage tank (UST) facilities. Mr. Parten will dedicate 20-30% of his available time to this contract and 100% of his time as needed on a project -by -project basis. He will be responsible to: • Ensure we are in compliance with all contract requirements • Attend meetings as necessary • Maintain direct contact with our qualified staff itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental r Facilities m Geotechnical a Materials • Be available 24/7 for any issues that may arise • Maintain Terracon safety standards at all times Project Manager/Primary Point of Contact: Mr. Danish Mansoor, CAC, has spent five years managing industrial hygiene and asbestos projects for many types of entities including, but not limited to, government, commercial, retail, and medical facilities. He will be the primary contact and representative to conduct interviews if necessary. Danish is a California Division of Occupational Safety and Health Certified Asbestos Consultant (CAC) as well as an Associate Safety Professional (ASP). Mr. Mansoor will dedicate 60% of his available time to this contract and 100% of his time as needed on a project -by -project basis. He will will be responsible to: • Ensure we are in compliance with all contract requirements • Attend meetings as necessary • Maintain direct contact with our qualified staff • Be available 24/7 for any issues that may arise • Maintain Terracon safety standards at all times Quality Assurance/Quality Control (QA/QC): Ms. Lori Cathcart has over twenty-nine years of experience in the environmental industry in program and project management for commercial, industrial, government and transportation clients. She works closely with project teams to ensure that Terracon, client and regulatory -driven quality surveys and reports are executed on during project activities. Ms. Cathcart will dedicate 30% of her available time to this contract and 100% of her time as needed on a project -by -project basis. She will be responsible to: • Expedite appropriate resources to perform each project • Act as independent technical reviewer as necessary • Mentor technical staff • Be available 24/7 for any issues that may arise • Maintain Terracon safety standards at all times Task Manager/Technical Advisor: Mr. Mike Benefield, PE, CAC, specializes in consulting for asbestos, lead, universal waste, and PCB bulk materials. Mike's 20+ years of experience have covered surveys, specification design, abatement cost estimation, and project monitoring. He supervises large-scale surveys and assessments and runs training for asbestos and lead work. Mr. Benefield will dedicate 30% of his available time to this contract and 100% of his time as needed on a project -by -project basis. Project Staff: Mr. Charles Yoon, CAC, has over twelve years of professional experience in the environmental consulting field. This experience includes providing consulting services to a variety of industrial, petroleum clients and private enterprises. Areas of specialization have included hazardous materials surveys, environmental site assessment, investigations and remediation. Mr. Yoon will dedicate 50% of his available time to this contract and 100% of his time as needed on a project -by -project basis. Project Staff: Mr. Michael Jarboe, CSST, CDPH Lead, specializes in conducting industrial hygiene field investigations and works directly with project managers to provide professional environmental services for public and private clients. Mr. Jarboe conducts visual surveys and bulk sampling of suspected hazardous materials, prepares detailed field reports, provides contractor oversight, and conducts air monitoring and clearance inspection sampling for hazardous materials during construction and renovation projects. Mr. Jarboe will dedicate 60% of his available time to this contract and 100% of his time as needed on a project -by -project basis. 1fCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) —A2 Hazardous Materials Surveys Environmental ® Facilities a Geotechnical • Materials RESUMES We have included resumes for our Project Team highlighted above and in the Appendix section of this proposal. We are also providing the below staff matrix to show our team's depth of capabilities and bench strength in the California market. STAFF MATRIX itCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Other OSHA CDPH Lead 0 dN C uJ V 'NCO N p L e a o �• C a C W y C o O N Name and Title 2. a w U a x v> Z A= Q U o. ,o w. E } O @. Carl Parton • ° Principal in Charge 29 Danish Mansoor, CAC 5 Project Manager Lori Cathcart, Quality Assurance/ Quality 29 Control Michael Benefield, PE Technical Advisor 18 Charles Yoon, CAC 10 Project Staff Michael Jarboe, CSST 15 0 • • • ° Project Staff . Steff Steiner, Principal / Office Manager/ 28 ° . ° • 0 Contract Negotiations / QA/QC William Frieszell, CIH, CSP, CAC 6 Project Manager • Ken Pilgrim 20 Project Manager Tedd Kattchee 16 Project Manager Remington Caldwell Industrial Hygienist 21 ° Matthew Chin 11 Industrial Hygienist Mike Reed, Industrial Hygienist 12 John Alexander Industrial Hygienist 13 Steve Rogers Industrial Hygienist 8 John Urban • e Industrial Hygienist 24 Mike Harrington Industrial Hygienist 12 itCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Environmental a Facilities e Geotechnical o Materials D. UNDERSTANDING OF NEED Terracon has completed hundreds of Public Agency projects with specific experience with Cities and their supporting agencies. We understand the City will be establishing On -Call Services contracts with 1-2 firms for Environmental Consulting services. We specialize in Capital Improvement Projects with specific emphasis on asbestos, lead, PCB's and other regulated hazardous materials. Under this contract, we will provide professional expertise in, but not limited to, the following services: Perform necessary hazardous materials survey and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. As a construction oriented professional services firm, Terracon has proven our ability to provide all required services outlined in the RFP as well as meet mandatory deadlines as we have done for more than thirty (30) years for public. As public works consultants, we work collaboratively with capital project teams, city and county agency departments, architects, maintenance personnel, facility engineers, bond management teams, administrators, contractors, regulators and state agencies to complete projects on time and within budget. We achieve this by managing our projects as a portfolio and utilizing our cross -trained staff and in-house equipment from all eight (8) of our regional offices to make committed personnel and resources available as they are needed, including non-traditional work schedules. Management Approach: Project Manager: Mr. Danish Mansoor will act as the City's primary contact and will coordinate any assigned tasks/projects with capable and experienced staff that are best suited to provide services required by the City and the project team. Mr. Mansoor will coordinate all appropriate staffing and equipment needed to perform the required services. He will work with City representatives on developing the most effective and efficient lines of communication for our project teams. Mr. Mansoor will oversee and manage all phases of the project approach outlined below. The responsibilities for the project manager are outlined below. Los Angeles Unified School District ® Los Angeles Community College District * County of Santa Clara San Francisco Dept. of Public Works * Sears Holdings * Xanterra Resorts Project Management — The Project Manager will attend necessary progress meetings and provide direction to the field staff. A general scope of services provided by the project manager include: ➢ Overall management of on-site field personnel ➢ Review all air sampling data and clearance County of San Bernardino sampling ➢ Attend weekly progress meetings ➢ Respond to RFI's as necessary ➢ Supervise production of final closeout documents ➢ Respond to any client requests and/or regulatory issues that may arise itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental m Facilities v Geotechnical at Materials Approach to Meeting Your Needs and Statement of Proposed Services (by Task) Terracon approaches each project, from minor asbestos, lead and mold surveys to indoor air quality and complex hazardous materials and industrial hygiene projects, with the four -phased methodology outlined below. 6 •Investigation M • Proposed Work Plan •Site Visit • Written Procedures • Clearance Sampling •Sampling Plan • Investigation Report • Abatement Specifications •Summary Letter • Meetingspaining • Training Certificate Our professionals are experts working through all phases of work including initial survey and design, pre-bid phase, construction phase and project close-out. We work as a team, collaboratively with architects, construction mangers, general contractors, abatement firms, public agency representatives and others. Careful collaboration ensures we select the appropriate project approach that will comply and ultimately be well received by project stake holders and comply with all requirements of the program while allowing flexibility in adapting to changing needs, design alterations and priorities of a public agency. Additionally, we have one of the largest staff of certified personnel in California which allows us to meet aggressive schedules and manage multiple projects concurrently. Below, we have outlined the tasks necessary for successful completion and deliverables for this contract. • Task 1 — Record Review • Task 2 — Asbestos Survey • Task 3 — Lead Survey • Task 4 — Mold Survey • Task 5 — PCB Survey • Task 6 — Other Hazardous Material Testing • Task 7 & S — Report Preparation and Distribution • Task 9 — Abatement Work Plan / Specifications and Cost Estimate • Task 10 — Consultation and Abatement Monitoring Assumptions and/or Constraints Terracon assumes our hazardous material/environmental services will typically be part of larger construction projects. However, we can also provide these services for the purposes of due diligence for project planning or property acquisition. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Environmental ® Facilities s geotechnical a Materials The following is a sample of projects including both public and private clients in California that Terracon has worked on in the last five years. Client Description Los Angeles Unified School District On -Call Hazardous Material Management Services County of Santa Clara On -Call Environmental/HazardousMaterials Consulting Services San Francisco Department of Public Works On -Call Environmental & Hazardous Materials Consulting Services Xanterra Resorts, Death Valley National Park Asbestos and Lead Based Paint Surveys/Abatement Oversight Los Angeles Community College District On -Call Environmental/Hazardous Materials Consulting Services Sears Holdings PHI and PHIIAsbestos and Lead Based Paint Surveys/Abatement Oversight City of San Diego On -Call Environmental & Hazardous Materials Consulting Services Kaiser Permanente Industrial Hygiene and Asbestos and Lead Based Paint Surveys County of Santa Clara On -Call Hazardous Materials and Industrial Hygiene Services San Francisco Department of Public Works On -Call Environmental & Hazardous Materials Consulting Services City of Cerritos Asbestos and Lead Based Paint Surveys/Abatement Oversight Xanterra Resorts, Death Valley National Park Asbestos and Lead Based Paint Surveys/Abatement Oversight Westfield Malls, Canoga Park and Carlsbad Asbestos and Lead Based Paint Surveys/Abatement Oversight Project Experience The project capsules presented on the following pages expand on four of our above projects, highlighting the type and quality of work our key team members perform every day. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 9 A2 — Hazardous Materials Surveys Environmental e Facilities m Geotechnical m Materials On -Call Environmental Services Contract Client: Los Angeles Unified School District Dates: On-call Environmental Services Contract 2014- 2017 Project Value: $272,000 References: Los Angeles Unified School District Kevin Kelly Project Manager (213) 745-1450 Kevin.Kelly@lausd.net Highlights Hazardous Materials Testing Abatement Specifications and Budgetary Cost Estimates Abatement Oversight & Clearance Sampling Los Angeles Unified School District Los Angeles, California Under our 3 -year on-call environmental services contract, our team worked directly for the Los Angeles Unified School District, providing hazardous materials consulting services for over 40 school sites. One of our projects included the modernization of the Friedman Occupational Center. The multiple -phase project consisted of two multiple -story buildings, replacement of pipe insulation, roofing system replacement, and mechanical equipment upgrades. Terracon thoroughly reviewed architectural drawings for planned renovations of multiple floors and two buildings at the Friedman Occupational Center site in Los Angeles, CA. Terracon conducted a comprehensive hazardous materials survey of specific areas and materials impacted by the planned modernization. The surveys required after-hours site visits. Terracon's Industrial Hygienists sampled hundreds of suspected asbestos- and lead -containing materials from interior and exterior areas including the roofing system. Terracon developed a comprehensive biddable abatement specification and provided contractor oversight, ensuring that abatement activities were conducted in compliance with the specification. * Friedman Occupational Center Terracon provided On -Call Environmental services lrCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 10 A2 — Hazardous Materials Surveys Environmental m Facilities a Geotechnical m Materials Hazardous Materials Consulting Services San Francisco Department of Public Works Client: City and County of San Francisco Department of Public Works Bureau of Construction Management Dates: 1994 — Present Project Value: Various Costs $500 - $50,000 References: Los Angeles Unified School District Kevin Kelly Project Manager (213) 745-1450 Kevin.Kelly@lausd.net Highlights: Hazardous Materials Surveys Asbestos, Lead, and PCBs Abatement Specifications Bid Support Services Abatement Monitoring Clearance Air Sampling San Francisco, California Terracon has performed industrial hygiene consulting services on over 500 projects for the San Francisco Department of Public Works (SFDPW), Bureau of Construction Management. These projects have included several large-scale construction, renovation, and restoration projects at the Laguna Honda Hospital, the War Memorial Veterans Building, the Old Main Library/New Asian Art Museum, the Moscone Center, and the Third and Fourth Street Bridges. Terracon has provided hazardous materials surveys, specification design, bid support services, and abatement monitoring. The following description highlights a key project under this contract. War Memorial Veterans Building Terracon conducted a pre -renovation hazardous materials survey and abatement monitoring at the historic War Memorial Veterans Building located in downtown San Francisco, California. The facility is a six -story building comprising approximately 250,000 square feet of space that was undergoing a seismic retrofit and renovation. During the survey, Terracon teams identified asbestos - containing materials, lead-based paint, PCB containing window putty, and various universal wastes. Terracon worked with the City's design team to develop an abatement scope of work and bidding documents. During the renovation of the building Terracon monitored the asbestos abatement and lead -hazard control work as well as the removal of PCB cnntaininn materials In addition to the normal monitoring activities Terracon tracked quantities of asbestos materials removed from the building and assisted with change order tracking. When the abatement was complete, Terracon prepared a final report of abatement monitoring that detailed over a year's worth of hazardous removal activities and sampling results. * War Memorial Veteran's Building Terracon provided Hazadous Materials Surveys 1rCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 11 A2 — Hazardous Materials Surveys Environmental e f=acilities m Geotechnical a Materials Hazardous Materials and Industrial Hygiene Client: County of Santa Clara Department of Occupational Safety and Environmental Compliance Dates: 1989 — Present Project Value: Various Costs $500 - $50,000 References: Dave Jones Operations and Maintenance Specialist County of Santa Clara 1555 Berger Drive, Bldg., 3 San Jose, CA 95112 (408) 309 3294 dave.jones@faf.sccgov.org Consulting Services County of Santa Clara Santa Clara County, California Terracon has conducted a broad range of industrial hygiene, occupational safety, and environmental consulting services supporting over 270 facilities and capital projects for the County of Santa Clara under multiple three to five year, competitively bid, on-call industrial hygiene contracts with the Department of Occupational Safety and Environmental Compliance (OSEC). Terracon has completed scores of pre -demolition and pre - renovation projects of various sized that included conducting surveys for asbestos and lead containing materials as well as universal wastes and other miscellaneous hazardous materials that would require special handing or disposal during renovation or demolition activities. Additionally, we have provided hazardous materials specification design, hazardous materials abatement monitoring, hazardous materials release emergency response, and naturally occurring asbestos consulting. The following description highlights a key project under this contract. Valley Health Center: In 2013 the County of Santa Clara contacted Terracon regarding Highlights: the Valley Health Center Downtown San Jose construction 270+ Projects project that had been stopped following the discovery of 27 -Year Relationship naturally occurring asbestos (NOA) during routine Wide Varietyof Industrial characterization of soil for disposal. Terracon developed an Hygiene &Safety Services Asbestos Dust Mitigation Plan (ADMP) over the weekend with the input of the general contractor. After review by the County Terracon submitted the plan to the Bay Area Air Quality Management District (BAAQMD) for approval. Terracon secured permission to restart the project with interim controls until the plan could be approved by the BAAQMD. Terracon also developed and provided dust control and asbestos training for Cal/OSHA compliance for key site personnel. In accordance with BAAQMD requirements Terracon provided daily asbestos air monitoring program and dust control monitoring during all soil disturbing activities for the remainder of the project. On an as -needed basis Terracon also provided soil waste characterization and guidance related to the discovery and removal of underground storage tanks. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 12 A2 — Hazardous Materials Surveys Environmental n Facilities e Geotechnical a Materials The Historic Inn at Furnace Creek Client: Xanterra Parks & Resorts Dates: 2017-2018 Project Value: $176,000 References: Heather Willis Project Manager (760)786-3369 hwillis@xanterra.com Highlights: Hazardous Materials Testing Abatement Design Abatement Oversight & Clearance Sampling Death Valley National Park Death Valley, California Terracon worked directly for Xanterra Parks & Resorts, providing asbestos and lead surveys of the property structures scheduled for renovation at The Historic Inn and The Ranch at Furnace Creek, in Death Valley, California. The multi -phased project was performed on 30+ occupied resort buildings and structures. Our team performed a comprehensive survey to evaluate interior, exterior, and/or the roof of the structures for suspect asbestos -containing materials (ACM), lead based paint (LBP) and/or lead - containing paint (LCP) that would be impacted during proposed renovations. The surveys required several months of staged and continuous site visits, requiring close coordination with resort management. Terracon's Industrial Hygienists sampled hundreds of suspect materials and prepared user-friendly reports and drawings for the design team. We then developed abatement specification documents and provided on-site project monitoring services, including review of the contractor's submittals, pre -abatement and post -abatement visual inspections of the regulated work areas, and air testing of perimeters during and post -abatement, including clearance air The Historic Inn at Furnace Creek Terracon provided hazardous materials testing and abatement services sampling. This project required special attention to the historic features of the site buildings. Terracon staff efficiently worked around ongoing operations accommodating unusual working hours and restrictive conditions. 1rCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 13 A2 — Hazardous Materials Surveys Environmental e Facilities • Geotechnical v Materials F. REFERENCES Please feel free to contact our references. They will attest to the quality, timeliness and cost- effectiveness of our services. itCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) 14 A2 — Hazardous Materials Surveys ENTITYDATES CONTACTPUBLIC •- • SERVICES PROVIDED PROVIDED Hazardous Materials Los Angeles Unified Testing School District Kevin Kelly Abatement 333 S Beaudry Avenue Project Manager (213) 745-1450 2014-2017 Specifications and Budgetary Cost Los Angeles, CA 90017 Kevin.kelly@lausd.net Estimates Abatement Oversight & Clearance Sampling Hazardous Materials Surveys Stanley DeSouza Asbestos, Lead, and Principal Environmental PCBs City and County of San Specialist Abatement Francisco Public Works (415) 558-4538 1994 —Present Specifications Stanley.desouza@sfdpw.org Bid Support Services Abatement Monitoring Clearance Air Sampling Hazardous Materials Dave Jones Surveys Operations and Maintenance Hazardous Materials Specialist Specification Design County of Santa Clara (408) 309-3294 1989 — Present Hazardous Materials Dave.jones@faf.sccgov.org Abatement Monitoring Hazardous Materials Release Emergency Response itCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) 14 A2 — Hazardous Materials Surveys 2. Scope of Services and Schedule City of Santa Ana Public Works Agency Proposal to Provide Various Environmental Service (RFP No. 18-043) Environmental a Facilities o Geotechnical a Materials The following pages provide an example of our proposal style used for hazardous materials surveys and has been tailored to meet the requirements of the requested Scope of Work detailed in Attachment 1 of the RFP. Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct a pre -demolition hazardous materials survey of two City -owned properties as identified below. An outline of the project understanding and Terracon's scope of services are provided in the following sections. The fees associated with this proposal have been prepared and is being submitted concurrently but in a separately sealed envelope. PROJECT INFORMATION The sites are located at 2245 South Main Street (Arco Gas Station) and 2246 Orange Avenue (Single Family Residence), Santa Ana, Orange County, California, 92707. The Arco gas station site is currently occupied by ARCO SMOGPROS, a commercial vehicle fueling and service station. The Arco Gas Station is an active gas station with two canopies (approximately eleven (11) feet high, a convenience store and a Smogpros Maintenance garage with two maintenance bays. The single-family residence is a single -story, wood frame construction with stucco exterior and composition shingle roofing. The single-family residence is approximately 1,000 square feet in size and is located approximately 0.2 miles from the Arco Gas Station. Due to the close proximity of these two properties, Terracon can complete hazardous materials surveys for both properties concurrently. Should either of the properties be occupied at the time of the survey, Terracon will perform a limited hazardous materials survey and will recommend a supplemental survey in which destructive sampling will be utilized to sample any materials previously assumed to be asbestos containing. Should any of the above information or assumptions be inconsistent with the planned construction, please let us know so that we may make any necessary modifications to this proposal. SCOPE OF SERVICES The following proposed scope of services was prepared in response to your request. HAZARDOUS MATERIALS SURVEY 1. ASBESTOS SURVEY Pursuant to the client's request, Terracon will perform an asbestos survey at the site as required by US Environmental Protection Agency (USEPA) regulation 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP) in general accordance with the protocols of USEPA regulation 40 CFR Part 763 and Asbestos Hazard Emergency Response Act (AH ERA). itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 15 A2 — Hazardous Materials Surveys Environmental e Facilities ■ Geotechnical w Materials Terracon will conduct a visual assessment of the interior, exterior and roofing of the buildings to identify homogeneous materials suspected of being asbestos -containing materials (suspect ACMs) such as thermal system insulation, surfacing materials, and miscellaneous materials (e.g., floor tiles). Suspect materials will be physically assessed for friability and evidence of damage or degradation. Samples of suspect ACM will be collected for laboratory analysis by an AHERA-accredited asbestos building inspector. A copy of the inspector's AHERA certification will be included in the report. Bulk sample collection will be conducted in general accordance with the sampling protocols outlined in USEPA 40 CFR 763.86. At least three samples of each homogeneous material will be collected, per AHERA protocols. Terracon estimates seventy (70) bulk samples for the Arco Gas Station and sixty (60) bulk samples for the single family residence will be collected for analysis (additional samples will be charged at the rate presented on the separate fee proposal). Sample collection will result in some isolated and minor damage to surveyed areas; however, attempts will be made to limit such damage to the extent necessary for sample collection. Terracon will not be responsible for repair or touch-up of sample locations. In addition, Terracon will not perform sampling which requires demolition or destructive activities such as knocking holes in walls, dismantling of equipment or removal of protective coverings. Terracon may perform sampling which requires demolition or destructive activities with prior written authorization from the client and/or building owner. Reasonable efforts to access suspect materials within known areas of restricted access (e.g., crawl spaces) will be made provided these areas are not determined to be permit -required confined spaces, or to pose a health or safety risk to Terracon personnel. Sampling will not include suspect materials which cannot be safely reached with ladders. A laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) will analyze bulk material samples by visual estimation using polarized light microscopy (PLM). Copies of the laboratory analysis report, the chain of custody, and the laboratory's accreditation certificates will be appended to the report. 2. LEAD PAINT SURVEY The lead paint survey will consist of bulk (paint chip) sampling of suspect painted surfaces of representative colors and homogeneous applications and analyzed by Flame Atomic Absorption Spectroscopy (AAS, US EPA Test Method SW846-30508-7420) or equivalent. A total of thirty (30) paint chip samples, approximately fifteen -twenty (15-20) paint chip samples per location, will be collected at the discretion of the lead inspector based upon field observations of the inspector. Collection of paint chip samples will require removal of small portions of paint suspected of containing lead. The paint will be removed until the base surface is encountered (i.e., wood, metal, concrete, etc.). Damage caused by this sampling will not be repaired by Terracon and costs for any repairs are not included in the fees for this work. Paint chip samples will be submitted to the analytical laboratory on a standard 5 -day turn -around basis 3. HAZARDOUS BUILDING MATERIAL SURVEY Visual Survey — Terracon will conduct visual surveys of the buildings to assess for the possible presence of equipment containing polychlorinated biphenyls (PCBs), mercury, and chlorofluorocarbon (CFCs). Sampling and analysis for PCBs, mercury or CFCs will not be conducted as part of the planned scope of work. PCBs — Potential PCB -containing equipment, such as fluorescent light ballasts, hydraulic elevators and lifts, and electrical transformers will be inspected for external labels, serial numbers and signs of leakage. Terracon will attempt to interview the owner of the equipment, to assess whether suspect equipment contains PCBs. Terracon will consult with the client, and itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 16 — A2 Hazardous Materials Surveys Environmental a Facilities a Geotechnical a Materials if such equipment will not be reused, proper removal and disposal will be recommended. Access restrictions may prevent Terracon's inspector from safely observing elevators and/or lifts. Terracon requests to have building maintenance staff escort our personnel during this task, if required. Mercury — The presence, location and condition of suspect mercury -containing equipment such as fluorescent, mercury vapor, high-intensity discharge (HID) and other lamps, and liquid mercury -containing equipment such as switches, thermostats, temperature controls and heating ventilation and air conditioning (HVAC) devices will be assessed. Terracon will consult with the client, and if such equipment will not be reused, proper removal and disposal will be recommended. CFCs — The presence, location and condition of suspect CFC -containing equipment, such as refrigerators, air conditioning units, and walk-in coolers and freezers will be assessed and external labels (indicating CFC content) and serial numbers will be recorded. Terracon will consult with the client, and if such equipment will not be reused, proper removal and disposal, and proper draining of suspect CFC -containing fluid will be recommended. Tritium — The presence, location and condition of suspect tritium -containing EXIT signs will be assessed and signs with external labels (with a warning label that indicates tritium [or H-3], displays the three -bladed radiation warning symbol, and/or states "Caution — Radioactive Materials") will be recorded. Terracon will consult with the client, and if such EXIT signs will not be reused, proper removal and disposal will be recommended. REPORTS The results of the asbestos, lead and hazmat survey services will be presented under separate report. The comprehensive report will include, but not limited to, sample summaries, regulatory overview, sample location diagram, photos of asbestos containing materials (ACM), and a peer review by a Certified Asbestos Consultant (CAC). Terracon will recommend conducting a thorough asbestos survey prior to disturbance of suspect ACM during the planned building demolition activities. Should the building be occupied at the time of the initial hazardous materials survey, Terracon will not conduct destructive sampling and "assume" materials to contain asbestos. A supplemental survey will be recommended once the propertied are unoccupied to complete the survey with more thorough destructive sampling strategies. Reliance — The reports will be prepared for the exclusive use and reliance of the City of Santa Ana. Reliance by any other party is prohibited without the written authorization of the client and Terracon. If the client is aware of additional parties that will require reliance on the reports, the names, addresses, and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon may grant reliance on the reports to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request) and receipt of information requested in the Reliance Agreement. If, in the future, the client and Terracon consent to reliance on the reports by a third party, Terracon may grant reliance upon receipt of a fully executed Reliance Agreement, requested information and receipt of an additional minimum fee per relying party. SCHEDULE We know how important establishing and meeting project schedules is to the success of City projects. Our team will work closely with the City Project Manager to understand schedule requirements and endeavor to meet or exceed these deadlines, working with you at all times to meet your goals. For this project, we have assumed a standard schedule will meet your needs. 1 f City of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 17 — A2 Hazardous Materials Surveys Environmental m Facilities ® Geotechnical ® Materials Record Review and Sampling Plan 1 — 4 days Initial meeting scheduled, existing records obtained and review performed. Task complete by August 5. Survey, Testing & The survey schedule will depend upon on the size and extent of the survey. Laboratory For example, a small-scale restroom renovation may require one (1) day, Analysis 10 days whereas a large building renovation where coordination with multiple departments and possibly architects are involved may require up to two (2) weeks. Task complete by August 19 Report Preparation 5 days A comprehensive survey report will be prepared and delivered to the City in and Distribution one 1 week. Task complete by August 26. Timely receipt of the following will greatly help us to meet your important deadlines. • A signed NTP evidencing acceptance of this scope of services ® Right of entry to conduct the assessment, including access to building interiors Lm Notification of any restrictions or special requirements (such as confidentiality, scheduling, or on-site safety requirements) regarding accessing the site im An accurate legal description and/or a diagram of the site such as a surveyor's plat map or scaled architect's drawing (if such diagrams exist) n Copies of environmental reports, permits and registrations, and geotechnical reports that were previously prepared for the site * We requeste that an on-site contact person and other key individuals who may have knowledge of the history of the property be identified and made available during our site visit. ® Access to all areas of the buildings, including the roof(s), attic(s) mechanical and electrical rooms, fire equipment and all tenant spaces. An exterior extension ladder will be utilized to access the roof of the single family residence and the gas station. The ladders will be compliant with OSHA standards. ASSUMPTIONS This proposal and separately provided fee proposal were prepared based on the following assumptions: • Client will provide to Terracon, prior to mobilization, legal right of entry to the site (and other areas if required) to conduct the scope of services. • Client will notify Terracon, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) • Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). • OSHA compliant extension ladders will be utilized for accessing the roof and canopies at the subject properties. • Traffic control services are not required. • The site is readily accessible by truck. If any of these assumptions or conditions are not accurate or change during the project, the stated fee may be subject to change. Please contact us immediately if you are aware of any inaccuracies in these assumptions and conditions, so we may revise the proposal or fee to meet your needs. lrCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) 18 — A2 Hazardous Materials Surveys 3. Fee Proposal 4. Certifications City of Santa Ana Public Works Agency Proposal to Provide Various Environmental Service (RFP No. 18-043) Environmental a Facilities a Geotechnical ® Materials • r As requested in the RFP, we have submitted our Fee Proposal concurrently with our proposal but in a separately sealed envelope labeled "Fee Proposal." itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) 19 A2 — Hazardous Materials Surveys Environmental w Facilities ■ Geotechnical s Materials 4. CERTIFICATIONS Located in the Appendix, we have signed and included the following forms as a part of the proposal submittal package: m Attachment 3-1: Non -Collusion Affidavit w Attachment 3-2: Non -Lobbying Certification a Attachment 3-3: Non -Discrimination Certification lrCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No, 18-043) 20 A2 — Hazardous Materials Surveys Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnershup, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Nan -collusion Affidavit is put of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification nAy subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of 20 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino Subscribed and swom to (or-affirwe* before me on this 31st day of MaY 24 18 , by Carl A. Parten proved to me on the basis of satisfactory evidence to be the person(W who appeared before me. 40fAft ioo r 2136676 on OWNF hlO co" (Seal) Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence air officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Terracon Consultants, Inc. _ Signed and Printed Name: ;� marl A. Parten Title Office Manager Date Mav 31, 2018 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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 setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph, (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter, Signed: Title: Office Manager Firm: Terracon Consultants Inc. Date: Mav 31. 2018 City of Santa Ana RFP Page A3-4 Environmental a Facilities a Geotechnical a Materials F�"IlkagAzM - Resumes - Certification Forms itCity of Santa Ana Public Works Agency—Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental e Facilities e Geotechnical w Materials CARL PARTEN, PG PRINCIPAL IN CHARGE Mr. Parten has thiry-one years of experience in environmental site investigations and remediation studies for Industrial and Hazardous Waste sites, municipal solid waste landfill sites and underground storage tank (UST) facilities. He has successfully managed and obtained regulatory closure of over 30 Voluntary Cleanup Program (VCP) sites and leaking underground storage tank (LUST) facilities, and coordinated UST removal and closure for numerous facilities in multiple states throughout the United States. Mr. Parten possesses extensive experience in the installation of monitor wells, aquifer characterization, sensitive receptor surveys, risk-based assessments, vapor intrusion (VI) evaluations, and soil -gas assessments. Additionally, he has extensive experience in comprehensive soil and groundwater investigations on industrial facilities and municipal solid waste (MSW) landfill facilities, including evaluation of landfill gas/methane impacts. He has prepared and implemented corrective action work plans for remediation of chlorinated hydrocarbons at dry cleaner facilities and petroleum hydrocarbons at LUST facilities, MSW landfill facilities, and managed and implemented groundwater pump and treat, non -aqueous phase liquid (NAPL) recovery, and duel -phase vapor extraction systems for the recovery of petroleum hydrocarbons. Additionally, Mr. Parten developed work EDUCATION • Bachelor of Science, Geology, Sul Ross State University, Alpine, Texas, 1994. • University of Houston TCEQ Texas Risk Reduction Program: Mod. I, ll, and III • Roadmap to Remediation • CAPM Refresher Course, Texas A&M University • TNRCC Hazardous Waste Seminar • TNRCC PST Risk Assessments Seminar • TNRCC Pollution Prevention Training Workshop • API Risk/Exposure Assessment • Contaminant Fate and Transport Modeling In Risk Assessment • Environmental Hydrology / Soil Science CERTIFICATIONS • Licensed Professional Geoscientist (P.G.), I.D. # 221, Texas Board of Professional Geoscientists 2003 (current) • Registered Professional Geologist (P.G.), I.D. # 004037; State of Tennessee, May 1996 (current) • TCEQ Corrective Action Project Manager, CAPM #01091 (current) • 40 Hour OSHA Hazardous Waste Site & Waste Management Training YEARS WITH TERRACON: 20 YEARS WITH OTHERS: 10 plans and implemented the remediation of heavy metals and poly -nuclear aromatic hydrocarbons (PAHs). IJ:1631X019 USARC FACILITY EVALUATION I MARE ISLAND, CA Environmental team leader for evaluation of an existing 32 -acre military facility, Mare Island in California. The teaming effort included the preparation of a Technical Assessment report on the facility to provide USAR a decision making and programming tool to establish future restoration and replacement upgrades to the facility. The report included an evaluation of existing conditions of the site and facilities with respect to current mission and identified construction costs required to comply with USAR facility standards, Anti-Terrorism/Force Protection requirements, handicapped accessibility regulations, and current building codes. Conceptual costs for related improvements and environmental mitigation were presented. UNDERGROUND STORAGE TANK AND SOIL REMEDIATION I REGIONAL WATER BOARD, SQUAW VALLEY, CA Terracon assisted a private developer with the regulatory closure of an underground storage tank (UST) site located in Squaw Valley, California. The abandoned 10,000 -gallon UST was responsible for a release of heavy waste oils to the ground surface and banks of a creek. Following disposal of the UST, approximately 70 cubic yards of petroleum -impacted soils were itCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental a Facilities n Geotechnical e Materials excavated and properly disposed. Interaction with the Regional Water Board and Public Notification resulted in the issuance of case closure. MUNICIPAL LANDFILL CLOSURE AND RESTORATION I VCP SITE Successfully oversaw and managed the engineering design and construction quality assurance for the closure and restoration of a high-profile MSW landfill in accordance with regulatory standards, subsequent to significant investigation activities. The remedy consisted of removal and consolidation of wastes and construction of LFG recovery trenches to prevent migration of landfill gas. The remedy utilized engineering controls and removal of impacted media. Project management responsibilities included coordination with Local, State and Federal officials, public/neighborhood communications, and interaction with attorneys, and management of project budgets that exceeded $4.5 million over seven years. Terracon continues to provide post closure care monitoring and O&M for the site. CLOSURE INVESTIGATION I CITY -OPERATED LUST FACILITIES Provided senior project management of 14 City operated LUST facilities through coordination of investigation, regulatory reporting and response actions in the pursuit of closure. Mr. Parten was responsible for managing all site activities, evaluation of data, reporting, communicating with local and state officials, and management of budget and schedule requirements. BROWNFIELD AND VOLUNTARY CLEANUP I MUNICIPAL PROPERTY Provided senior project management and technical review of several properties, including the remediation of metals and PAH -impacted soils, using a combination of excavation and removal and in-place stabilization. Work was performed under the EPA Brownfields Program and the Voluntary Cleanup Program. The $1.2 million -dollar remediation project was part of a high- profile downtown parks and recreation redevelopment project that successfully established LEED Certified public parks in areas once occupied by commercial and industrial property. Mr. Parten was responsible for managing all site activities, evaluation of data, reporting, communicating with local and state officials, and management of budget and schedule requirements. SITE INVESTIGATION I RETAIL SHOPPING CENTER, VCP SITE Conducted extensive site investigation activities to evaluate the magnitude and extent of chlorinated solvents identified near a former dry cleaning facility. The chlorinated solvent plume was defined to drinking water standards and was delineated to a creek channel nearly 1,200 feet from the source property. Based on site investigation results, assisted the property owner in entering the site into the VCP, and managed and implemented response actions and treatment of affected media utilizing a combination of source-removal/excavation (750 cubic yards) within the building interiors, hydrogen -releasing compound (HRCO) treatment of backfill, and HRC injection into the underlying soil and groundwater across the site. Treatment technology effectively remediated affected soils and significantly reduced contaminant levels within the on- site source areas. Additional response actions were conducted to reduce on-site groundwater contamination levels through HRC injection at over 250 locations. Monitored natural attenuation and groundwater monitoring was performed for a period of approximately four years. Mr. Parten assisted the client in the establishment of a deed restriction (Municipal Setting Designation) that restricted the use of groundwater on the site. Mr. Parten interacted with City and State officials and prepared and submitted multiple reports documenting site activities, and managed a project budget totaling $1,200,000. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Environmental rs Facilities a Geotechnical a Materials LORI CATHCART QUALITY ASSURANCE / QUALITY CONTROL Lori is a Principal and Assistant Director of Environmental Services at Terracon and will be the Project Manager and single point -of contact for this contract. She is associated with the Terracon Colton and Orange County, California, offices. Ms. Cathcart has more than 29 years of expertise in the environmental industry in program and project management for commercial, industrial, government and transportation clients. She is versed in project and quality management of hazardous building materials remedial investigations (building decommissions), NPDES monitoring/permitting and storm water management and compliance, specification writing, indoor air quality assessments, health and safety assessments, hazardous materials investigations, regulatory compliance, Phase I environmental site assessments and historical reviews, NEPA/CEQA hazardous materials technical studies, strategic and interactive planning, environmental training, and environmental auditing. She works closely with project teams to ensure that Terracon, client and regulatory -driven quality surveys and reports are executed on during project activities. PROJECT EXPERIENCE EDUCATION • Bachelor of Science, Social Ecology, University of California, Irvine 1989 CERTIFICATIONS • GRI -Sustainability Reporting • OSHA 40 -Hour Hazwoper AFFILIATIONS • CMAA, APWA, WTS, Industrial Environmental Association (IEA), America Industrial Hygiene Association YEARS WITH TERRACON: 1 YEARS WITH OTHERS: 28 ENVIRONMENTAL CONSULTING SERVICES I COUNTY OF SAN BERNARDINO, CA Program Manager, Technical Advisor for $200K 3 -year, on-call contract. Perform environmental consulting services in support of the efforts of the County of San Bernardino Architect and Engineering Department. Prepared task order cost proposals, provided technical direction and performed final document review of all deliverables for the contract including: Hazardous Waste/Materials Surveys of County Buildings and land acquisitions. Services included performance of asbestos and lead-based paint surveys and preparation of subsequent abatement specifications, review of bid documents, and construction oversight during demolition/abatement activities. Several Phase I and II ESAs were also conducted on County land and buildings, in support of due diligence efforts. HAZARDOUS MATERIALS INVESTIGATIONS I NAVFAC SOUTHWEST, VARIOUS BASES, CA Managed and performed asbestos, lead, and hazardous materials investigations for building renovation and design purposes of facilities at various Navy bases in California, including Camp Pendleton, NAB Palmdale and NB Ventura, Port Hueneme. Surveys were conducted under the direction of Navy personnel and the partnered A&E firms. Scope of services included review of previous surveys performed by others, investigations/sampling of suspect materials in occupied buildings; cost estimates for removal of identified hazardous building materials, and preparation of plans and specification for removal. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental m Facilities m Geotechnical n Materials ACM AND LBP SURVEYS I CALTRANS DISTRICT 11, SAN DIEGO/IMPERIAL COUNTIES, CA As QA/QC Manager, ensured quality surveys and reporting was performed on asbestos containing material (ACM) and lead-based paint (LBP) surveys at Caltrans sites throughout San Diego County. ACM surveys conducted by a Certified Asbestos Consultant (CAC) were performed for future construction/renovation purposes on bridges, maintenance and rest stop facilities, and included collection of bulk samples of suspected ACM, sample analysis by polarized light microscopy (PLM), and point count methods, when applicable. Surveys were completed in accordance with Asbestos Hazard Emergency Response Act (AHERA) and National Emission Standards for Hazardous Air Pollutant (NES HAP) methods. LBP surveys conducted by a CDPH-certified lead inspector included collection of samples of suspected LBP material (20+ samples) and analysis of paint samples by flame atomic absorption spectrophotometry, in accordance with USEPA, CDPH, and Cal/OSHA requirements. Reports detailed the location and area estimates of materials that contained ACM and LBP, recommendations for handling and disposal during demolition/refurbishment, and preparation of abatement specifications. Timely and high-quality deliverables helped to keep construction projects on schedule. FIXED -BASED OPERATOR CAMPUS DEVELOPMENT I LANDMARK AVIATION SAN DIEGO INTERNATIONAL AIRPORT, CA Managed and provided environmental oversight for of the redevelopment of this 12.4 -acre property at the San Diego International Airport, which included demolition of existing campus and building of five airplane hangars (116,000 ft2), a terminal building and administration building. The site is located at the former General Dynamics industrial facility which had low levels of soil and groundwater contamination which were subsequently partially remediated after site demolition. Services included performing a Phase I Environmental Site Assessment, hazardous building materials surveys and abatement oversight, environmental monitoring and testing, and vapor intrusion mitigation system design and installation services. By providing experienced and qualified personnel, focused implementation of the project scope on time and within budget, construction activities were maintained on schedule with minimum delays. HAZARDOUS MATERIALS TECHNICAL STUDIES I VARIOUS CLIENTS, USA Lori served as Project and Program Manager. Extensive experience in managing, preparing and reviewing hazardous materials technical studies of large, multi -use properties for planning and engineering firms as part of EIR/EIS projects in accordance with CEQA and NEPA. Industries represented have included aerospace firms, airport and harbor authorities, public utilities, governmental agencies, including redevelopment agencies, manufacturing firms, and real estate developers. Clients have included the San Diego Unified Port District, San Diego County Regional Airport Authority, Centre City Development Corporation, San Diego City Schools, City of San Diego, National City and Chula Vista, Southwest Division Naval Facilities Engineering Command, CALTRANS, and several planning firms, lending institutions, and real estate developers. DUE DILIGENCE REPORTS I CONFIDENTIAL CLIENT, NAPA CALIFORNIA PROJECT As Project Manager/Technical Reviewer, Lori prepared due diligence reports including a Phase I ESA, Hazardous Building Materials Survey and a Regulatory Compliance Audit of this steel fabrication facility. Work was completed on a compressed schedule and results were presented to client and legal team on time and within budget. Subsequent follow on work included preparation of a Hazardous Materials Business Plan, an Industrial Storm Water Pollution Prevention Plan (2015 IGP) and an SPCC. itCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Environmental a Facilities a Geotechnical a Materials DANISH MANSOOR PROJECT MANAGER Danish is an Environmental Project Manager in Terracon's Orange County, CA office. Danish manages industrial hygiene and asbestos projects in the Southern California region. Danish has spent five years managing industrial hygiene and asbestos projects for many types of entities including, but not limited to, government, commercial, retail, and medical facilities. Danish is well versed in all asbestos and lead regulations and also has several years of experience with various types of industrial hygiene sampling. Danish also has experience working as an Environmental, Health and Safety professional, performing safety trainings, managing hazardous waste, and providing safety support to staff of an industrial facility. Danish is a California Division of Occupational Safety and Health Certified Asbestos Consultant (CAC) as well as an Associate Safety Professional (ASP). Additional certifications are listed in the certifications section. EDUCATION Bachelor of Science, Environmental Systems, University of California San Diego, 2014 CERTIFICATIONS - Certified Asbestos Consultant (CAC) • Associate Safety Professional (ASP) Lead Sampling Technician (LST) a EPA AHERA Asbestos Building Inspector, Asbestos Supervisor, Asbestos Management Planner, Asbestos Project Designer NIOSH 582 Certified • OSHA 30 Hour Construction Certification OSHA 3115, OSHA 521, OSHA 2255, OSHA 2264, OSHA 510 Hazardous Waste Management Program and DOT Hazardous Waste Transportation cediflcations. !, • High Voltage Electrical Safety, Confined Space Awareness, Lockout Tag -Out, Fire Safety, Hazardous Materials Management, and Emergency Preparedness YEARS WITH TERRACON: 1 YEARS WITH OTHERS: 4 HAZARDOUS MATERIALS CONSULTING SERVICES j ORANGE COUNTY SANITATION DISTRICT, FOUNTAIN VALLEY, CA Managed the industrial hygiene, asbestos, lead and mold program for the district. Managed the hazardous materials program for all construction projects, in which total construction cost went up to $200 million. Conducted onsite monitoring for all operations and maintenance abatement tasks. Developed policies and SOPS for all hazardous material and waste handeling. Professional Services Completed: 2017-2018 IAQ INVESTIGATION I WEST BASIN MUNICIPAL WATER DISTRICT, CARSON, CA Project Manager for an indoor air quality (IAQ) investigation of a 3 story office building for the Water District. AQ sampling was conducted to determine ventilation efficiency, thermal comfort, total volatile organic compounds, and fungal spores. Elevated levels of carbon dioxide and fungal spores were discovered throughout the property and proper mold remediation recommendations were provided. Professional Services Completed: 2016 Project Completed: 2016 Project Fee: $5,700 HAZARDOUS MATERIALS CONSULTING SERVICES j LAKEWOOD REGIONAL MEDICAL CENTER, LAKEWOOD, CA Project Manager for an indoor air quality (AQ) and asbestos investigation in the operating room (OR) floor following concerns of mold and asbestos exposure. The OR floor consisted of 10 operating rooms, 6 nurse's stations and 8 corridors. Visible mold was discovered behind vinyl wall paneling in 8 of the 10 operating rooms, 3 of the 6 nurse's stations and all corridors. lrCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental v Facilities c Geotechnical a Materials Asbestos was also discovered in all flooring and drywall materials. Supervised all of the asbestos abatement, mold remediation and all subsequent onsite asbestos air clearances. All work was conducted four separate phases and after 10 PM to ensure minimal disturbance of hospital activities. Professional Services Completed: 2016 Project Completed: 2017 Project Fee: $13,000 HAZARDOUS MATERIALS CONSULTING SERVICES I URBAN DECAY, COSTA MESA, CA Project Manager for industrial hygiene and asbestos services. The Urban Decay headquarters includes a manufacturing facility, sorting and shipping facility, two separate office spaces and a retail space. The project was initiated to respond to employee concerns following a large commercial fire in a nearby industrial heavy metals facility. Employees were concerned with nuisance dust, metal particulate, volatile organic compounds (VOCs) and airborne asbestos exposure. Professional Services Completed: 2017 Project Completed: N/A IAQ INVESTIGATION I MIRACLE MILE PROPERTIES, CASA SERRANA APARTMENTS, LOS ANGELES, CA Project Manager for an indoor air quality investigation of over 300 studio and 1 bedroom units after a mold exposure complaint was filed by several tenants to the County of Los Angeles. Conducted IAQ sampling for fungal spores in all units and recommended remediation for all units where mold exposure discovered (approximately 180 units). Supervised the project team and remediation contractor on best remediation practices and conducted post remediation verification testing to ensure all tenants can reoccupy their unit. Professioral Services Completed: 2016 - 2017 Project Completed: 2017 Project Fee: $27,000 1rCity of Santa Ana Public Works Agency —Various Environmental Services (RFP No. 18-043) — A2 Hazardous Materials Surveys Environmental ® Facilities a Geotechnical a Materials MIKE BENEFIELD, PE, CAC TASK MANAGER, TECHNICAL ADVISOR Mike provides hazardous materials management services from Terracon's southern California and Oakland, CA offices. He specializes in consulting for asbestos, lead, universal waste, and PCB bulk materials. Mike's 20+ years of experience have covered surveys, specification design, abatement cost estimation, and project monitoring. He supervises large-scale surveys and assessments and runs training for asbestos and lead work. Mike coordinated a specialty training course for worker safety in asbestos cement pipe projects and took it through the Cal/OSHA approval process, earning California's first approval for this type of training. Mike developed NOA consulting into a cornerstone of the Oakland office's revenue, covering dust control plans, OSHA compliance, training, and perimeter monitoring. PROJECT EXPERIENCE BUILDING REPAIRS + CONTAMINATION REMOVAL I FEDERAL BUREAU OF INVESTIGATION, LOS ANGELES, CA Mike conducted work observations and consulted for the FBI during fireproofing repairs and the removal of asbestos contamination on the 12th and 1311 floors of the building on 11000 Wilshire Boulevard, owned by the General Services Administration. He managed this project and conducted on- site fieldwork to ensure that cleaning, inspections, monitoring, and air sampling met industry standards. EDUCATION • BS, Mechanical Engineering, University of Utah, 1994 CERTIFICATIONS • Professional Engineer (Mechanical Engineering) CA #M31102 • AHERA Inspector, Contractor, Supervisor, Management Planner, Project Designer • California Asbestos Consultant #06-3938 • Certified Lead -Related Construction Inspector/Assessor #10445 • Certified Lead -Related Construction Project Monitor #10445 NITON and RMD XRF Spectrum Analyzer Training and Radiation Safety PRESENTATIONS "Naturally Occurring Asbestos in Non - Ultramafic Rock Units in the SF Bay Area" - presented at the Association of Engineering and Environmental Geologists Naturally Occurring Asbestos Symposium 2014 YEARS WITH TERRACON: 17 FEDERAL BUILDING SURVEY I GENERAL SERVICES '' ADMINISTRATION, CA YEARS WITH OTHERS: 5 Mike managed a large and complex survey of asbestos and lead-based paint for the GSA. The survey covered 73 floors in six federal buildings, totaling 4.1 million square feet. Mike used a portable database system to supervise industrial hygiene technicians as they performed the survey. Mike produced operations and maintenance plans after the survey, and his final reports included room -by -room survey data. AIR MONITORING + HAZARDOUS MATERIALS MANAGEMENT I SANTA CLARA COUNTY, CA Mike has managed over 20 hazardous materials projects for the Santa Clara Valley Health and Hospital System since 2010 to support ongoing upgrades and renovation. His work has covered sensitive areas including women's and children's facilities, operating rooms, and burn units, and he has maintained tight communication with hospital staff and site technicians. Mike developed dust mitigation and air sampling plans to comply with regulations when naturally -occurring asbestos was found during construction in a heavily -populated area. 1rCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental a Facilities ® Geotechnical a Materials CHARLES H. YOON, CAC PROJECT STAFF Mr. Yoon has over twelve years of professional experience in the environmental consulting field. This experience includes providing consulting services to a variety of industrial, petroleum clients and private enterprises. Areas of specialization have included hazardous materials surveys, environmental site assessment, investigations and remediation. PROJECT EXPERIENCE SEARS HOLDING MANAGEMENT CORPORATION PORTFOLIO LSIs I SOUTHERN CA Managed and performed hazardous materials surveys, Limited Site Investigations (LSI) and Supplemental Site Investigations (SSI) for numerous Sears sites in Southern California. Performed LSIs required when a Recognized Environmental Condition (REC) is found during the Phase I ESA process. Perform numerous soil/vapor/groundwater sampling at the site including elevator pits to screen for contaminations. The field work activities included: soil, groundwater and soil vapor sampling utilizing geoprobe and hollow stem drill rigs. Performed soil gas investigation in general accordance with California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). EDUCATION • Bachelor of Science, Management Information Systems, 2003, California State University, Long Beach CERTIFICATIONS • Practical Guide to Vapor Intrusion (Hartman Environmental) • Active Soil Gas Investigations (Test America) • CA Certified Asbestos Consultant (CAC) • Certifled Lead Sampling Technician (CDPH ST) • AHERA Asbestos Abatement Building Inspector and Contractor Supervisor • 40 -Hour OSHA HAZWOPER Certification (29 CFR, 1910.120), • 8 -Hour OSHA HAZWOPER Supervisor's Certification • First Aid CPR Certification • Arco API 1646 Work Safe Training Safety Key • Refinery Safety Overview Certification (RSO Training), Paramount Refinery, ConocoPhlllips Los Angeles Terminal and Colton Terminal) • PG&E (Compressor Station) Safety Training YEARS WITH TERRACON: 7 YEARS WITH OTHERS: 6 MIXED-USE HIGH-RISE BUILDING INVESTIGATION I WEST HOLLYWOOD, CALIFORNIA Conducted comprehensive hazardous materials survey and site investigation and assisted the client through enrolling and interacting with the DTSC regarding chlorinated solvent and heavy metal -impacted soil and groundwater. Provided construction management oversight to manage impacted soils and assisted the client in waste disposition, permitting and regulatory compliance interaction. SITE INVESTIGATION I FORMER DRY CLEANER FACILITY, DTSC, FREMONT, CA Conducted extensive site investigation activities to evaluate the magnitude and extent of chlorinated solvents identified in the vicinity of a former dry cleaner facility, including an evaluation of groundwater, soil, soil -gas and indoor vapors as a result of a chlorinated solvent plume. Provided interaction with client and DTSC representatives to manage the closure process, including the preparation of work plans and environmental investigation reports. 1rCity of Santa Ana Public Works Agency— Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys Environmental a Facilities a Geotechnical a Materials MICHAEL JARBOE, CSST, CDPH LEAD DSUckCommunityCollege, Mission Viejo, California, !, PROJECT STAFF Environmental Studies Mr. Mike Jarboe is an Industrial Hygienist in Terracon's Colton and Orange County offices. He specializes in conducting industrial hygiene field investigations. and works directly with project managers to provide professional environmental services for public and private clients. CERTIFICATIONS Certified Site Surveillance Technician, # 10-4639 CDPH Lead Inspector/Assessor and Project Monitor, #19934 • HAZWOPER • NIOSH Course 582E Mr. Jarboe Conducts visual surveys and bulk sampling of ! YEARS WITH TERRACON: 15 i suspected hazardous materials, prepares detailed field reports, provides contractor oversight, and conducts air monitoring and clearance inspection sampling for hazardous materials during construction and renovation projects. Combined with his educational training and work related experiences, Mr. Jarboe has extensive knowledge of federal, state and local regulations. PROJECT EXPERIENCE BASSET UNIFIED SCHOOL DISTRICT I LA PUENTE, CA Certified Site Surveillance Technician and Lead Inspector/Assessor responsible for pre - renovation hazardous materials survey, including asbestos and lead sampling, at Basset High School. TORRANCE UNIFIED SCHOOL DISTRICT I TORRANCE, CA Industrial Hygienist responsible for conducting AHERA 3 year re -inspections for Torrance Unified School District campuses and facilities in 2006. HILLWOOD INVESTMENTS I ONTARIO, CA Industrial Hygienist responsible for comprehensive asbestos, lead-based paint and universal waste (PCB's, mercury switches, plus any other hazardous material) at the former Jacobs concrete casting facility on Ontario Mills Pkwy. in Ontario. The facility is scheduled for demolition and development into a 500,000 -square -foot warehouse facility. JC PENNEY I VARIOUS LOCATIONS, CA Industrial Hygienist responsible for limited asbestos survey to support a HVAC replacement project in Palm Desert, CA. He also provides asbestos abatement monitoring for multiple waves of remodeling for sites in Orange, CA and West Covina, CA. SEARS HOLDING COMPANY I ORANGE, CA Mr. Jarboe performed contractor surveillance during asbestos removal at the Sears Orange location continuously for 4 months during night shifts starting at 9:00 pm and running until 6:00 am. The store is being completely remodel in preparation for the addition of a 24,000 24 Hour Fitness complex. The abatement included floor tile and mastic, drywall and joint compound and ceiling tile plus mirror mastic throughout the store. Mr. Jarboe also performed PCM air sample analysis on samples collected during the removal and for clearance at the end of each shift. UNIVERSAL NBC I BURBANK, CA Industrial Hygienist responsible for comprehensive asbestos, lead-based paint and universal waste (PCB's, mercury switches, plus any other hazardous material) at the Universal -NBC facility as well as contractor surveillance during asbestos, lead-based paint and hazardous materials remediation for the current renovation of the entire facility. 1rCity of Santa Ana Public Works Agency — Various Environmental Services (RFP No. 18-043) A2 — Hazardous Materials Surveys i I IC4 i tmi @( 017 www.terracon.com EXHIBIT B Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-11I COST PROPOSAL Page t of 3 ACTUAL COST' -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed R Prime Consultant ❑ Subconsultant [12' Tier Sdbconsultant Consultant Terracon Consultants, Inc. Proj ect No. _ Contract No. DIRECT LABOR RFP 18-043 Date 07/25/2018 Classification/Title Name Hours Actual Hourly Rate Total (ProiecIManager)* Sami Noaman $ $50.82 $_ (Sr Civilfinaineerl Ken Pilgrim Permit Fees _ $ 65.37 i $ (Envir. Scientist) Danish Mansoor $ 41.83 $ Ins eclo —" I Charles Yoon/Mike Jarboe $ @cost $ 39.28 / 30.50 1 $ LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (seepage 2 for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ INDIRECT COSTS d) Fringe Benefits (Rate: 56-57%) e) Total Fringe Benefits [(c) x (d)] $ Overhead (Rate: 127-23%) g) Overhead [(c) x (f)] $ Id General and Administrative (Rate: %) i) Gen & Admin [(c) x (h)] $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] S FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee __M2/o] $ 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional pates if necessary) Description of Item Ouantitv Unit Unit Cost 'Total Mileage Costs mile $ 0.85 $ Equipment Rental and Supplies $ @cost $ Permit Fees $ @cost $ Plan Sheets $ @cost _ $ Test $ @cost $ 1) TOTAL OTHER DIRECT COSTS in) SUBCONSULTANTS' COST'S (Add additional pages if necessary) $ @ cost $ @ cost $ @ cast $ @ cost TANTS' COSTS $ @ cost a) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ TOTAL COST [(c) + 0) + (k) (n}] $ NOTES: 1. Key personnel mast be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page I of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-111 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Year 2 $51.00 Hourly Rate 2, Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Proposed Escalation Year 1 $50.00 * 1000 Year 1 $50.00 + 2% _ $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% _ $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 2% = $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per ,year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Total flours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost per Year $50,000.00 _ $102,000.00 $39,015.00 _ $39,795.30 _ $27,060.80 _ $257,871.10 $250,000.00 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 $7,871.10 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the#' of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs =.$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 Avg Hourly Rate Estimated hours (calculated above) (calculated above) Year 1 $50.00 * 1000 Year $51.00 * 2000 Year 3 $52.02 * 750 Year 4 $53.06 * 750 Year $54.12 * 500 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $50,000.00 _ $102,000.00 $39,015.00 _ $39,795.30 _ $27,060.80 _ $257,871.10 $250,000.00 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 $7,871.10 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the#' of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs =.$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-111 COST PROPOSAL Page 3 of 3 Certification of'Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federaleuulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certlfvina: Name: Fred 6uhamdan Title *: Principal Signature : r Date of Certification (mm/dd/yyyy): 07/25/2018 Email: Frod.Suhamdan@terracon.com Phone Number: 949-261-0051 Address: 1421 Edinger Avenue, Suite C, Tustin, CA 92780 *An individual executive or financial officer of the consultant's or subeonsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. under the or000sed contract: Page 3 of 9 January 2018 Local Assistance Procedures Manual Note: Mark-ups are Not Allowed Consultant Terracon Canso Project No. EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Inc. 0 Prime Consultant ❑ Subconsultant Contract No. 18-045 Participation Amount EXHIBIT 10-112 Cost Pr000sal ❑ 2" Tier Subconsultant Date July 25, 2018 For Combined Rate Fringe Benefit e/ + General &Administrafive % - Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % = Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % - Field Office ICR% Fee = Y. RITT INC. INFORMATION rA T rT rT e TYCIV Th1RnR ne e Trnwr Name/Job Title/Classification' Hourly Billing Ratesc Effective Date of Hourly Rate Actual or Avg. %or $ Hourly Range - Straight' OT(1,5x) OT(2x) From To Hourly Rate4 Increase for Classification Only John Doe -Project Manager * $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Civil Engineer II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Sue Jones - Construction $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer/Inspector $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% Engineer 1 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Buddy Black -Claims Engineer $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer 111 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0,0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Land Surveyor** $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00-$00 $0.00 $0.00 $0.00 01101/2017 12/31/2017 $0.00 0.0% $00-$00 $0.00 1 $0.00 $0.00 01/01/2018 1 12/31/2018 $0.00 0.0% $00-$00 Technician $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00-$00 $0.00 $0.00 $0.00 01A) /2017 12/31/2017 $0.00 0.0% $00-$00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00-$00 lauu pager as aeccavngl Page 4 of 9 January 2018 Local Assistance Procedures Manual Hourly Bill Rate ' Effective Date_Nf Hourly Rate EXHIBIT 10-H2 ek W $0 Inbmes Hourly range for claea BVaIghV Cost Proposal OT (2.0X) From To EXHIBIT 10-1-12 COST PROPOSAL Rose f of3 SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS) Name (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) $ 249.74 $ 249.74 Note: Markups ere Net Alla-d 12/3112018 $ 8010 0.0% Sub -Consultant- Terracon Consultants, Inc. ■ Prime Consultant ❑Subconsultant ❑ 2nd Tier Subconsullant $ 258.49 Project No. Contract No. Participation Amount$ Date_ 7/25/2018 3.6% Dart. aeneflfe% Overhead% OaA% ICR% $ 276.90 $ 276.90 $ 276.90 11112021 6130/2021 $ 88.70 3.5% For Combined Rete 60.67% + 12733% + 0.00% 188,80% $ 130.58 For Home Onme Rate 0,00% + 0,00% + 0.00% = 0.00% 0.0% For Flela orcma Rata 0.00% + O'D% + 0.00% = 0.00% $ 135.16 $ 135.16 Fee % = 10.000% $ 43.29 BILLING INFORMATION CAI CHI AMID haRnRMnnnN $ 139.89 $ 139.89 $ 139.89 1/1/2020 12/31/2020 $ 44.81 3.5% $ 144.78 $ 144.78 $ 144.78 1/1/2021 6/30/2021 $ 46.38 3.6% Nam./Job Zile/Classl0ca0on Hourly Bill Rate ' Effective Date_Nf Hourly Rate ACWaI/ average' howdy rate ek W $0 Inbmes Hourly range for claea BVaIghV T O5X) (1:" OT (2.0X) From To Name $ 249.74 $ 249.74 $ 249.74 7/112018 12/3112018 $ 8010 0.0% Carl Harlan) Principal In Charge l Exempt $ 258.49 $ 258.49 $ 258.49 111/2019 12/3112019 $ 82.80 3.6% Nat Applloeble $ 267.53 $ 267.53 $ 267.53 111/2020 12/31/2020 $ 85.]0 3.5% $ 276.90 $ 276.90 $ 276.90 11112021 6130/2021 $ 88.70 3.5% Nam. $ 130.58 $ 130.58 $ 130.58 711/2018 12/31/2018 $ 41,831 0.0% beach Mansoor/Project Manager Exempt : $ 135.16 $ 135.16 $ 135.16 111/2019 12/3112019 $ 43.29 3.5% Not Applicable $ 139.89 $ 139.89 $ 139.89 1/1/2020 12/31/2020 $ 44.81 3.5% $ 144.78 $ 144.78 $ 144.78 1/1/2021 6/30/2021 $ 46.38 3.6% Name $ 239.69 $ 239.69 $ 239.69 7/1/2018 12/31/2018 $ 76.78 0.0% Lon Cathcart/IDA/AC r Exempt $ 248.08 $ 248.08 $ 248.08 1/1/2019 12/31/2019 $ 79.47 3.5% Not Applicable $256.]6 $ 256]6 $ 256.76 1/1/2020 12/31/2020 $ 82.25 3.6% $ 265.]5 $ 265.]5 $ 265.75 1/1/2021 1 6/30/2021 $ 85.13 3.5% Name $ 156.84 $ 158.84 $ 756.647/1/2018 12131/2018 $ 50.24 0.0% Mike Benefield/Task Manager '. Exempt -.< $ 162.33 $ 762.33 $ 162.33 1/1/2019 12/31/2019 $ 52.00 3.5% Not Appllcable $ 168.01 $ 168.01 $ 168.01 1/1/2020 12/31/2020 $ 53.82 3.5% $ 173.89 $ 173.89 $ 173.89 1/1/2021 6130/2021 $ 55.70 3.5% Name $ 122.62 $ 122.62 $ 122.62 7/1/2018 12131/2018 $ 39.28 0.0% Charles Yoon/Project Staff Exempt $ 726.92 $ 126.92 $ 126.92 1/1/2079 12131/2019 $ 40.65 3.5% Not Applicable $ 131.36 $ 131.36 $ 131.36 1/1/2020 12/31/2020 $ 42.08 3.6% $ 135.96 $ 135.96 $ 135.96 1/1/2021 6130/2021 $ 43.55 3.5% m Nae "' $ 95.21 $ 95.21 $ 95.21 7/1/2018 12/31/2018 $ 30.50 0.0% Michael Jarboe/ Project Technidan Icon -Exempt $ 98.55 $ 98.55 $ 98.55 1/1/2019 12/31/2019 $ 31.57 3.5% Not Applicable $ 702.00 $ 102.00 $ 102.00 1/1/2020 12/31/2020 $ 32.6] 3.5% $ 106.6] $ 10F.E $ 105.57 1 1/1/2021 6/30/2021 $ 33.82 1 3.6% January 2018 Local Assistance Procedures Manual EXHIBIT 10-112 NOTES: L Keypersonnellaayt be marked with anasterisk (*) andemployees that are subject to prevailing wage acquirements must be marked with two asterisks(**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICA) * (l+ Fee). Indirect cast utas slash be updated on an annual basis in accordance wilt the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter Ore Average Hourly Rate for that classification. EXHIBIT 10-H2 COST PROPOSAL Page 2 o£3 SPEcaic RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) consultant Terracon Consultants, Inc. O Prime Consultant El Subconaultant Project No. Contract No. RFP 18-043 Date 07/25/2018 Note: Aatl i n rtionai pages rI necessary. NOTES: 1. List otter direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless ofclimt and contract type. 3. Items when incurred for die same purpose, ht like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the uade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rales. Page 5 of 9 January 2018 SCHEDULE OF OTHER DHLECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs mile $0.65 $ Equipment Rental and Supplies LS $ @ Cost $ @ Cost Permit Fees $ @ Cost $ @ Cost Plan Sheets $ @ Cost $ @ Cost Test $ @ Cost $ @ Cost Vehicle n/a n/a $n/a $n/a Subconsultant 1: Mold Lab $ @ Cost Subconsultant 2: LA Testing / EMSL (backup lab) $ @ Cost Subconsultant 3: Emlab (backup lab) $ @ Cost Subconsultant 4: TestAmerica (backup lab) $ @ Cost Subconsultant 5: SGS Galson (backup lab) $ @ Cost Note: Aatl i n rtionai pages rI necessary. NOTES: 1. List otter direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless ofclimt and contract type. 3. Items when incurred for die same purpose, ht like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the uade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rales. Page 5 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-132 7. If mileage is claimed, fire rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, fire miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, die company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. t0. Add additional pages if necessary. It, Subcomultants must provide their own cost proposals. Page 6 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10 -Ill Cost Proposal EXniBrr 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: T Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. ".itle 23 United States Code Sect9gt,1 112 - Letting of Contracts t0. d8 Code of Federal Regula , I,, t 3 ] - Contract Cost Principles and Procedures 11, 23 Code of Federal Regulations 'Part 17 - Procurement, Management, and Administration of Engineering and Design Related Service 12, 48 Code of Federal RegulationsEgEL2904 - Cost Accounting S ards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement, Prime Consultant or Subconsultant Certifvina: Name:Fr ,„.edBuhsrri��,.�.�.... Signature: Email: Fred. Bu hamdan@terracon.com Title *: Principal Date of Certification (mm/dd/yyyy): 07/25/2018 Phone Number: 949-261-0051 Address: 1421 Edinger Ave, Suite C, Tustin, CA 92780 * An individual executive or financial officer of the consultant's or subeonsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Hazardous Materials Survey, including Asbestos, Lead, Mold, and other industrial hygiene services Page 7 of 9 January 2018 Local Assistance Procedures Manual EXHBIT 10-113 Cost Proposal EXHIBIT 10-H3 COST PROPOSAL Page t oft COST PER UNIT OF WORK CONTRACTS (GEOTECIINICAL AND MATERIAL TESTING) Note: Mark-ups are Not Allowed El Prime Consultant ❑ Subconsultant 1121 Tier Subconsultant Consultant Project No. Contract No. Date Unit/Item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Professional (Classification)* Sub -proles sional/Tech mcal EQUIPMENT I (with Operator) EQUIPMENT 2 (with Operator) Hours Billing Hourly Rate ($) Total ($) Consultant's Other Direct Costs (ODC) — Itemize: Description of Item Ouantitv I Unit Unit Cost Total ODC Example: Travel/Mileage Costs $ $ ODC Example: Mobilization/De-mobilization $ $ ODC Example: Supplies/Consumables $ $ CDC Example: Report $ $ CDC List more ODCs as a livable $ $ Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Attach additional pages if necessary. TOTAL COST PER UNIT OF WORK NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. 2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). 3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items. 4. ODC items shall be based on actual costs and supported by historical data and other documentation. 5. ODC items that would be considered "tools of the trade" are not reimbursable. 6. Billing Hourly Rates must be actual, allowable, and reasonable. Page 8 of 9 January 2018 Local Assistance Procedures Manual ELXHBIT 10-113 Cost Proposal EXHIBIT 10-H3 COST PROPOSAL Pap I of t Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 13. Generally Accepted Accounting Principles (GAAP) 14, Terms and conditions of the contract 15. Title 23 United States Code Section 112 - Letting of Contracts 16, ALCQdg—ofFedeml 2ggulatio3ls fart 31 - Contract Cost Principles and Procedures 17. 23 Code of Federal aenlatiop� Fart 172 - Procurement, Management, and Administration of Engineering and Design Related Service 18. 48 Code of Federal Regulation Part 9904 - Cast Accounting Stagdards Board (when applicable) All costs must be applied consistently and fairly to all contracts, All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certiffvina: Name: Signature: Title*: Date of Certification (mm/dd/yyyy): Email: Phone Number: Address: * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Page 9 of 9 January 2018 ACOORar CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) L� 1/1/2019 1 9/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT PHONE I FAX 'E to F A MAIL ADDRESS, INSURERS AFFORDING COVERAGE NAIC 0 LIMITS INSURER A: in Company 19437 X COMMERCIAL GENERAL LIABILITY INSURED TERRACON CONSULTANTS, INC. 1312892 INSURER B: Travelers Property Casual Co of America 25674 INSURER C: The Travelers Indemni Company 25658 1421 EDINGER AVE., STE C TUSTIN CA 92780 INSURER D : INSURER E' DAMAGE SETO RENMe occur e c $ 1,000,000 INSURER F: CLAIMS -MADE a OCCUR a7.J .n 0waww3u—wQau 9'�CYA -------------_.--.-. AAAAAAA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE LTRPOLICY OF INSURANCE ADDL SUBR NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y N TC2J-GLSA-1118L293 1/1/2018 1/1/2019 EACH OCCURRENCE $ 1 000000 DAMAGE SETO RENMe occur e c $ 1,000,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 25,000 X CONTRACTUAL LIAB X XCU COVERAGE PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE F GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 LOC $ OTHER: B AUTOMOBILE LIABILITY N N TC2J-CAP-13 IJ3858 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT $ aaccident)2,000,000 ANY AUTO BODILY INJURY (Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident $ ) XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per a idem $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ X'X]{X 'xx —.HEXCESS LIAB CLAIMS -MADE AGGREGATE $ xxO{}(xxx DED RETENTION $ $ XXX XX CWORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN N TC2JUB131J374218(AOS) 1/1/2018 1/1/2019 X PTAT EORH r C ANY PROPRIETOR/PARTNER/EXECUTIVE r­1 TRKUB131J384618(AZ,MA,WI) 1/1/2018 I/l/2019 E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBEREXCLUDED? NIA TC2JUB131J374218(CA) 1/l/2018 1/l/2019 E.L DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) R es, describe under E.L.DISEASE -POLICY LIMIT 1 $ 1-000,0()o DESCRIPTION OF OPERATIONS below A PROFESSIONAL N N 26030216 l/l/2018 1/1/2019 $2,000,000 EACH CLAIM & LIABILITY $2,000,000 IN THE ANNUAL AGGREGATE. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: ON-CALL ENVIRONMENTAL SERVICE AGREEMENT. THE CITY OF SANTA ANA, IT'S OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. Am REVIEWED BY: EUNICE HEREDIA (PG of 15618107 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA 5 ACORD CORPORATION_ All rinhfc roonnrnri ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TC2J-GLSA-11181-293 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that: a. You agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury' and b. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "Written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured - Owners, Lessees or Contractors - (Form B) endorsement CG 20 10 1185; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance Miscellaneous Attachment: M482524 Certificate ID: 15618107 REVIEWED BY: EUNICE HEREDIA (PGI -05) of "your work" to which the "written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an additional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies; and (b) The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written contract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written contract requiring insurance". This endorsement will not increase the limits of insurance described in Section III - Limits Of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the 'occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or Miscellaneous Attachment: M482524 Certificate ID: 15618107 REVIEWED BY: EUNICE HEREDIA offense. b. If a claim is made or "suit' is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in -jury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG D6 04 08 13 Miscellaneous Attachment: M482524 Certificate ID: 15618107 REVIEWED BY: EUNICE HEREDIA (P of J5) Miscellaneous Attachment: M467648 Certificate ID: 15603400 POLICY NUMBER: TC2J-CAP-1 31 J3858 COMMERCIAL AUTO ISSUE DATE: 01/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance , this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 REVIEWED BY: EUNICE HEREDIA (PG OF DATE (MMIDDIYYYY) A`COR ® CERTIFICATE OF LIABILITY INSURANCE 1/1/2020 12/19/2 188 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of sucho endorsement S). PRODUCER Lockton Companies NAME: 444 W. 47th Street, Suite 900 PHONE ac No : Kansas City MO 64112-1906 pAIL .DRESS: (816) 960-9000 INSURERS AFFORDING COVERAGE NAIC # - . . ,__ r 1 19437 INSURED TERRACON CONSULTANTS, INC. 1312893 1421 EDINGER AVE., STE C TUSTIN CA 92780 Travelers Property Casualty Co of America �25 OVERAGES TERCO01 CERTIF'IGA l t numucrc. IJUw'+Uv EEN ISSUED TO THE INSURED NAMED WDICATED.CERTIFY TWITHSTAND NG ANYPOLICIES REQUI EMENT TERM OR CONDCE LISTED ITION OF FBANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOLWHICH BIOS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.._.. I POLICY EFF POLICY EXP„ LIMITS TR TYPE OF INSURANCE �""" """""' 1/1/2019 1/1/2020 EACH OCCURRENCE $ 1 X. COMMERCIAL GENERAL LIABILITY Y N TC2J-GLSA-1118L293 DAMA E TO RENTED $ 1 B PREMISES Ea oecurreneel CLAIMS -MADE OCCUR MED EXP An one person) $ L X CONTRACTUAL LIAB PERSONAL & ADV INJURY $ GENERAL AGGREGATE S PRODUCTS -COMP/OP AGG $ • XCU COVERAGE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT El LOC $ OTHER:COMBINED SINGLE LIMIT $ i TC2J-CAP-131J3858 1/1/2019 1/1/2020 Ea accident N B AUTOMOBILE LIABILITY Y BODILY INJURY (Per person) $ ' X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS PR6PERTY DAMAGE $ _ HIREDNON-OWNED Par accident AUTOS ONLY AUTOS ONLY $ NOT APPLICABLE EACH OCCURRENCE $ UMBRELLA LIABOCCUR EXCESS LtAB CLAIMS -MADE AGGREGATE $ WORKERSCOMPENSATION j�j S7AIUIt cn B ANDEMPLOYERS'LIABILrrY UB -2L010337 -19-51-K (AOS) 1/1/2019 1/1/20..0 C YIN UBIL5546071951R(AZ,MA,WI) 1/1/2019 1/1/2020 EL. EACH ACCIDENT $ 1,000. ANY PROPRIETOR/PARTNER/EXECUTIVE N / A OFFICERIMEMBER EXCLUDED? ❑N E.L. DISEASE - EA EMPLOYEE $ I OOO, (Mandatory In NH) It yes, describe under E.L. DISEASE - POLICY LIMIT $ 1 000 'DESCRIPTION OFOPERATiONSbelow 1/1/2019 i 1/1/2020 $1,000,000EACHCLAIM& A PROFESSIONAL N N 26030216 $1,000,000 ANNUAL AGGREGATE LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: PROJECT # P60187197; PROJECT NAME: CITY OF SANTA ANA: HAZARDOUS MATERIALS SURVEYS AND REPORTS. CITY OF SANTA ANA, ITOFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVE ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AND UMBRELLA/EXCESS LIABILITY, THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY AS REQU[REU BY WRITTEN CONTRACT. , IFICATE HOLDER 15603400 CITY OF SANTA ANA 200 CIVIC CENTER PLAZA SANTA ANA CA 92701 ACORD 25 (2016103) REVIEWED BY: EUNICE HEREDIA (PG (OF �) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED @ 198eZJOIFACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TC2J-GLSA-11181-293 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION 11- WHO IS AN INSURED: Any person or organization that: a. You agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "Written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional insured- Owners, Lessees or Contractors - (Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance Miscellaneous Attachment: M482524 Certificate ID: 15603400 REVIEWED BY: EUNICE HEREDIA (PGI -OF of "your work" to which the "written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an additional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies; and (b) The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the written contract requiring insurance", the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written contract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written contract requiring insurance". This endorsement will not increase the limits of insurance described in Section III - Limits Of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, incl shop drawings, (1) The preparing, approving, or failing to prepare or approve, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or Miscellaneous Attachment: M482524 Certificate ID: 15603400 REVIEWED BY: EUNICE HEREDIA (PG OF offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Section: "Written contract requiring insurance means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG D6 04 0813 Miscellaneous Attachment: M482524 Certificate ID: 15603400 REVIEWED BY: EUNICE HEREDIA (PG OF J ) Miscellaneous Attachment: M467648 Certificate ID: 15603400 POLICY NUMBER: TC2J-CAP-131J3858 COMMERCIAL AUTO ISSUE DATE: 01/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance , this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 REVIEWED BY: EUNICE HEREDIA {PGAOF �)