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HomeMy WebLinkAboutItem 16 - Agreements for A -Tech Consulting, Inc., Dudek, and Leighton Consulting, Inc. for On -Call Various Environmental ServicesPublic Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Agreements for A -Tech Consulting, Inc., Dudek, and Leighton Consulting, Inc. for On -Call Various Environmental Services: Environmental Site Assessment and Hazardous Materials Surveys AGENDA TITLE Approve Agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. for On -Call Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for Three -Year Terms (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a three-year term beginning October 18, 2022 and expiring October 17, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency desires to enter into agreements with qualified consulting firms to lead efforts to perform various environmental services for site assessments and hazardous materials surveys on an as -needed or "on -call" basis. (Exhibits 1 through 6). On June 30, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-090 for various environmental services. The RFP was advertised on the City's online procurement management and publication system, with proposals due on August 1, 2022. Eight proposals were received and evaluated by a selection committee composed of City staff from the Public Works Agency. Based on criteria outlined in the RFP, the following summarizes the responding firms and their rankings: On -Call Various Environmental Services October 18, 2022 Page 2 Firm City Specialty Area A -Tech Consulting, Inc. Orange Environmental Site Assessment Dudek San Juan Capistrano Environmental Site Assessment Leighton Consulting, Inc. Irvine Environmental Site Assessment A -Tech Consulting, Inc. Orange Hazardous Materials Surveys Dudek San Juan Capistrano Hazardous Materials Surveys Leighton Consulting, Inc. Irvine Hazardous Materials Surveys Staff recommends awarding a set of contracts to both specialty areas to A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. to provide environmental site assessment and hazardous materials surveys services needed. Each proposal demonstrated that they have the necessary capacity and expertise to complete the required scope of work. The firm rates are reasonable and within industry standard, the team qualifications are appropriate, and the proposal was determined to provide the best value for the City following interview with the highest scoring proposer from the preliminary evaluation. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The following table summarizes the projects with funds budgeted and available for expenditure on the various environmental services to be provided by the agreements in Fiscal Years 2022-2023 and beyond. Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Measure M 2022-23 03217663-66220 Measure M Competitive, $20,000 (18-6901) Improvements Other Than Building Measure M Local 2022-23 03217662-66220 Measure M Fairshare, $10,000 (23-6900) Improvements Other Than Building Total $30,000 Any unused agreement amounts may be utilized by projects not listed above by following the established on -call services process during FY 2022-23 and for the remaining agreement term. CIP Engineering may also utilize operating funds in the Contracts Services — Professional Accounting Unit (08617613-62300) under these agreement. Prior to utilizing the on -call services for any future task orders without accounts identified On -Call Various Environmental Services October 18, 2022 Page 3 above, City staff must receive Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $135,000 aggregate total for each contract, both specialty areas. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. EXHIBIT(S) 1. Agreement with A -Tech Consulting, Inc. for Various Environmental Services — Environmental Site Assessment 2. Agreement with Dudek for Various Environmental Services —Environmental Site Assessment 3. Agreement with Leighton Consulting, Inc. for Various Environmental Services — Environmental Site Assessment 4. Agreement with A -Tech Consulting, Inc. for Various Environmental Services — Hazardous Materials Surveys 5. Agreement with Dudek for Various Environmental Services —Hazardous Materials Surveys 6. Agreement with Leighton Consulting, Inc. for Various Environmental Services — Hazardous Materials Surveys Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between A -Tech Consulting, 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"). RFfITAIN A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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 as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this 2 project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. K Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 10 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. E 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents 6 to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 7 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) :• s:: Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Roohi Toosi, Director of Engineering A -Tech Consulting, Inc. 1640 N. Batavia Street, Suite 112 Orange, CA 92867 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Jose Montoya Roohi Toosi Assistant City Attorney Director of Engineering RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency E EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 1�4paw A -Tech Consulting, Inc. Integrity I Accountability I Leadership Innovation Responsiveness it I Sti T 9 F- ��� - k- k 9P—, rw q-q r, %~ i- F bb.— Proposal for Various Environmental Services Table 1. A-Tech's Key Personnel at a Glance Personnel Role Licenses Percentage Years of Expertise Select Clients of Time Experience Education Page 15 August 1, 2022 Project Monitoring/Management Garden Grove Unified School District Casandra Williams, CAC, DPH, CAC #05-3892 Client Relationship Roman Catholic Bishop of Orange Business Administration & Management 2017, Goldman Sachs CIEC, CEICC Contract Administer ACAC #1404017 10 % 28+ OSHA Safety Training Irvine Unified School District 10K Small Business Al DPH #3671 Infection Control Risk Assessments Claremont Mckenna College Environmental Due Diligence LA Community College District Project Manager Phase I & II ESAs City of Alhambra MSc 2016, Civil and Environmental Engineering, UC Irvine Roohi Toosi, PE Technical Lead PE CA #91825 25 % 7+ Emerging Contaminants, PFAS Caltrans District 7 BSc 2009, Petroleum Engineering, Tehran University, Iran QAIQC Director Project Management Southern California Edison Industrial Hygiene Monitoring Searles Valley Minerals Roosevelt Ward, CIH, CSP, CIH 11208 CP Environmental Remediation Los Angeles Unified School District MSc 2009, Environmental Health , University of Nevada Health &Safety Director 25 % 17+ QISP CSP - 32397 Indoor Air Quality Assessments Nevada Power BS 2003, Occupational Safety &Health, Indiana University Certified Safety Expert Edward Clark Generating Station Environmental Due Diligence Department of Toxic Substances Control Industrial Hygiene US Army Corps of Engineers MSc 2010, Environmental Science, Cal -State Fullerton Jay Sandoval, CIH ESAs Lead CIH 12379 CP 50 % 16+ Phase I & II ESAs Southern California Edison BA 2022, Environmental Science, UC Irvine Remedial Design and Construction Southern California Gas Company HazMat Site Assessments LA Community College District CAC 914.5269 Public Client Management City of Burbank BSc 2008, Sociology, Minor in Business Administration, Joe Williams, CAC, DPH Hazardous Material Lead 50 % 15+ DPH 919524 Team Coordination and Supervision Inland Empire Utility Agency Michigan State University, Lansing, MI Pre -Demolition Surveys City of Santa Ana Environmental Toxicology Southern California International Airport PhD 1985, Animal Science and Toxicology, New Mexico State Health Risk Assessment City of Alameda, Santa Fe Springs, University, Las Cruces, NM Heriberto Robles, PhD, DABT Risk Assessment Expert DABT 25 % 39+ Air Quality Assessment Torrance MSc 1983, Animal Science And Toxicology, New Mexico State Industrial Health and Safety Empire mine (Grass Valley, CA) University, Las Cruces, NM Phase I & II ESAs California University of Riverside CIH #12604 Solid & HAZ Waste Management Netnix, Inc. Patrick Naffah, CIH, DPH Senior Scientist CDPH #LRC- 50 % 6+ BS 2017, Environmental Science, University of Washington 00008983 HazMat Site Assessments Port of Seattle At Chemical/Oil Spill Prevention Starbucks Corporation HazMat Site Assessments Prime Healthcare Management CDPH #LRC- Phase I & II ESAs Burbank Public Works Department Victoria Lopez, EIT, CAC, DPH Staff Engineer 000009214 50 % 4+ BS 2018, Environmental Engineering, San Diego University Indoor Air Quality Assessments Dignity Health CAC #22.7057 Pre -Demolition Surveys Superior Court of San Diego 0 A -Tech Consulting, Inc. 21� Proposal for Various Environmental Services Figure 1. A-Tech's Organizational Chart Page 16 August 1, 2022 0 A -Tech Consulting, Inc. d d UNDERSTANDING of NEED Proposal for Various Environmental Services Page 17 August 1, 2022 A -Tech understands that the City of Santa Ana is planning to award contract(s) to qualified firms for providing various environmental assessment services in support of its Capital Improvement Program and other projects. It is our understanding that the required services are divided into two separate categories: ■ Category I. Environmental Site Assessments (ESAs) ■ Category H. Hazardous Material Surveys Our approach for this as -needed contract is to designate a single point of contact to the City, who will be managing the daily tasks of awarded projects and ensuring delivery of high -quality products in a timely manner. A-Tech's project manager is available 24/7for responding to City's requests and will coordinate the project requirements with A -Tech Team and staff as soon as the task orders are available. A -Tech has utilized its 20 years of experience in conducting ESAs and Hazardous Material Surveys along with the RFP, Questions and Answers, and Amendments provided by the City to develop a general approach for successful completion of future projects. The scope of work and schedule for the example requested projects are provided in Section 2.0 of this proposal. The Phase I ESAs will be conducted in accordance with the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process " published by the American Society for Testing and Materials (ASTM 1527-21). A-Tech's general approach for completion of a successful Phase I ESA includes: ■ A review of relevant background information such as the site location relative to major man-made and natural landmarks, and surrounding land use. A general review of the geologic, hydrogeologic, hydrologic and topographic conditions as they relate to potential pathways or migration conduits to and from the property. Topography will be noted to the extent visually or physically observed or determined from interviews, as well as the general topography of the area surrounding the Property. The physical setting evaluation will be made utilizing physical observations and the available United States Geological Survey (USGS) 7.5 Minute Topographic Map. ■ A review of oil and gas fields in the vicinity of the site. ■ A compilation of site history and previous land use based on a review of historic aerial photographs dating back to the 1940s, available historic topographic maps, available historic fire insurance maps, and available city directories. ■ A review of chain -of -title records to identify possible recorded environmental cleanup liens. ■ An assessment of the potential for the site to have been impacted by contaminants and/or vapor migration originating from off -site sources based on a review of federal, state, tribal, and local government agency records. ■ A review of local municipal records including building permits, and zoning and land use records. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 18 August 1, 2022 ■ An inspection of the site to identify Recognized Environmental Conditions (RECs) that may include indications of the improper handling, storage, or use of potentially hazardous materials. This task also includes interviews with accessible property owners, tenants, and/or local agency personnel about hazardous materials handling and disposal procedures. ■ An evaluation of the possible presence of hazardous materials in structures at the site and/or in the subsurface environment beneath the site, with recommendations, if appropriate, for additional investigations or remediation. A cost estimate of additional activities will be prepared and submitted with the Phase I ESA report. Request Environmental Data Resources, LLC (EDR) to conduct a search of government records and document potential sources of contamination at or in the vicinity of the property. EDR's search includes federal, state, local, tribal, and EDR proprietary records for the property and for facilities within the distances per current ASTM practices. EDR will also search for any environmental liens associated with the Property. The list of research will include, but not be limited to, Environmental Protection Agency (EPA) National Priorities List (NPL) and Emergency Response Notification System List (ERNS); the RCRA generators, and treatment, storage and disposal (TSD) facilities list; Comprehensive Environmental Response Compensations, and Liability Information System (CERCLIS); and the State list of Leaking Underground Storage Tank (LUST) sites. Additionally, local governments will be contacted for a file search and review. An evaluation of potential PFAS sources on site based on available PFAS databases and historical operations at the site. Our experience with environmental projects for various government organizations informs us that Phase I ESAs may be needed because of acquisition of land or facilities, selling, or leasing facilities, terminating leases, or any other property transactions. The Phase I ESAs may conclude that there are no RECs, in which case the project will be completed, or may trigger additional investigations leading to Phase II ESAs. It is also possible that Phase I ESAs have been conducted by other entities and the City needs to initiate Phase II ESAs with the objective of collecting soil, soil vapor, and groundwater data to further assess the environmental conditions. The systematic approach for conducting Phase II ESAs is briefly described below: Meeting with the City Staff The initial review and identification of RECs will be completed during the Phase I ESAs. If a Phase I ESA recommends additional investigation to be conducted at a site, A -Tech will discuss the environmental requirements with the City staff and follow their instructions closely. The findings of the initial review will be discussed with the City to clarify the environmental concerns and to fill in any data gaps. Discussion will also include designation of a regulatory oversight agency, if that is the approach that is advocated for by the City. Potential regulatory oversight agencies include Cities and Counties' Health or Environmental Departments, the Fire Department, the South Coast Air Quality Management District (SCAQMD), Regional Water Quality Control Boards (RWQCB), Department of Toxic Substances Control (DTSC), EPA Region 9, or other local agencies. It is A-Tech's practice not to contact 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 19 August 1, 2022 the regulatory agencies unless directed by the client. The initial review and discussions with City may lead to Phase II ESAs. Preparation of Work Plan If the Phase II ESA is warranted, A -Tech will prepare a work plan by focusing on the City's specific requirements and in accordance with ASTME1903-19. The purpose of the work plan is to have a clear and concise scope of work and the corresponding protocols and methodologies for implementation in accordance with acceptable regulatory guidelines. After review of the work plan by the City, it is submitted to the oversight agency for approval before it can be implemented. Permitting Most of the environmental investigation and remediation activities require permitting from various agencies. Certain soil investigations that do not reach groundwater may not require permitting. Most permits are obtained over the counter but permits related to remediation take time depending on the scope. In Orange County a subsurface investigation requires Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency if 1) the boring is deeper than 50 feet (ft); 2) the boring encounters groundwater, and 3) the boring will be open for more than 24 hours. If requested by the City, A -Tech would prepare the application and proceed with securing the permits. Some regulatory agencies may require a work plan along with the application for permitting. Subcontractor Selection A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, etc.) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and RWQCBs. The findings determine which of the following course of action is required: ■ No further action needed; in which case the report will request site closure. ■ Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs). ■ Investigation is completed but remediation is required. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 20 August 1, 2022 A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. Site Characterizations/Remedial Investigations If the Phase II ESA confirms the presence of contamination in soil or groundwater, Remedial Investigation is required to determine the best available approach for site cleanup. Complete Phase I and II ESAs and additional investigations resulting from them will effectively characterize the physical, biological, and chemical systems existing at a contaminated site, and develop thorough understanding of the site conditions. Based on the findings of the Phase I and II ESAs and in accordance with ASTM E1689-95 (updated in 2014), A -Tech will develop a Site Conceptual Model (SCM). The SCM is a narrative and/or graphical representation of the current understanding of hydrogeologic conditions and contaminant distribution in the soil -water system beneath the Site. The SCM provides a description of migration pathways of the Chemical of Concerns (COC) and the processes and mechanisms that affect the distribution of COCs in soil vapor, soil, and groundwater. The SCM represents: A geologic cross- section of the Site that effectively identifies the soil profile and types of the soil layers (i.e., clay, silt, sand); Depth to groundwater and the hydraulic gradient within the aquifer; Established background concentrations; COCs concentrations and the extent of their plumes; Contaminant transport pathways and human exposure; and Remediation target zone. After the site is effectively characterized and the SCM is developed, A -Tech will conduct a risk assessment to evaluate the adverse effects of the Site's current conditions on human health and environment. If human health or the ecosystem is threatened by the contamination, Risk -Based Corrective Action must be selected and implemented in accordance with ASTME2081-00 (revised in 2015). A -Tech will conduct a Focused Feasibility Study to evaluate various applicable remedial technologies including no action and propose selection of the most appropriate remedial approach. The flowchart provided in Figure 2 demonstrates the processes and sequence of activities that are involved in successful completion of an environmental remediation project that is initiated by the City's request. A -Tech proposes to evaluate the potential for chemicals associated with the site to cause adverse effects on human health or environmental receptors in the absence of any remedial action. A-Tech's risk assessment approach is designed to fully utilize existing data and information generated during previous investigations at the site in order to minimize the costs and time required to produce a quality document. A-Tech's risk assessments are consistent with the requirements of both the California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency (USEPA). The risk assessment will include the selection of chemicals of potential concern (COPCs), use of critical toxicity factors (i.e., reference doses [RfDs] for non -carcinogens and slope factors for carcinogens) in estimating potential health risks and hazards. RfDs and cancer slope factors developed by the DTSC and USEPA will be used for estimating potential health risks. A report detailing the results of this risk assessment will be prepared in a straightforward format for the review and approval by the regulatory agency. The report will include the justification for the selection of exposure pathways and assumptions necessary to support the estimation of potential health risks and hazards. OW A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Figure 2. ESA Sequence from Project Initiation to Completion City of Santa Ana A -Tech Consulting Health & Safety Certified Industrial Project Manager - - - - - - - Regulatory Hygienist Agencies Page 21 August 1, 2022 Phase I ESA Soil Sampling Soil Vapor phase II ESA Survey Further Yes Groundwater Investigation Sampling NO Data Evaluation ESA Complete Rea ediatiou & Reporting I"eS _.., Feasibility I I I I Fate & Transport e*„a_ RiskAssessment Analvsec/Madelinu oauuy 1 1 1 I -- -✓ --- - ------a Remedial Action Plan l L Remedial Design i Remediation OW A -Tech Consulting, Inc. 0 Asbestos Project Management Proposal for Various Environmental Services Page 22 August 1, 2022 A-Tech's Hazardous Material Surveys Lead will assist the City's project manager in the management of any asbestos projects of any size, developing asbestos testing and sampling plans, providing consultation regarding asbestos regulations and requirements, and scheduling and executing asbestos -related projects. Asbestos Surveys Once all pre -field activities are completed, A-Tech's field personnel will drive to the job site to begin conducting the field activities. A -Tech utilizes trained Certified Site Surveillance Technicians (CSSTs) or Certified Asbestos Consultants (CACs) for all asbestos inspections, operation and maintenance preparation, project monitoring and clearance monitoring services. Each of A-Tech's field technicians is outfitted with all necessary equipment and supplies to conduct all types of assessments and clearances, including but not limited to microscopes, high and low -flow pumps, moisture meters, sampling media and tools. Additionally, each technician has a company -issued tablet computer to input all field data into our EnviroShare. Based on the project specifications and regulatory requirements and as requested by the City, we will conduct various types of asbestos surveys including, but not limited to, asbestos screening, limited asbestos surveys, path of construction/pre-renovation asbestos surveys, and pre -demolition surveys. Friable asbestos containing material (ACM), as defined by the U.S. Environmental Protection Agency (EPA) and South Coast Air Quality Management District (SCAQMD), Rule 1403, is a material that, when dry, can be easily pulverized, crushed, or reduced to powder by hand pressure. Non -friable ACM that can potentially be broken, crumbled, pulverized, or reduced to powder during demolition or renovation activities are classified as Class I or Class II, non -friable ACM. To identify suspect friable and non -friable ACM, as required under California law, a California Occupational Safety Health Administration (CAL -OSHA) CSST and/or CAC is required to conduct visual and/or bulk assessments of a structure. During an assessment, our experts will identify homogenous areas of suspected ACMs for purpose of sampling in accordance with current CAL -OSHA, EPA, and Asbestos Hazard Emergency Response Action (AITERA) requirements. The homogeneous areas will be defined with respect to similarities in appearance, age, use, type, color, and/or texture. The condition and estimated quantity of the suspected materials will also be assessed. Once the visual inspection identifies homogeneous areas, bulk samples will be collected from building materials and submitted under standard chain of custody to a laboratory that is fully accredited by National Institute of Standards and Technology (NIST) through participation in the National Voluntary Laboratory Accreditation Program (NVLAP), or a laboratory that participates in the AIHA Laboratory Accreditation Programs, LLC (AIHA), a third -party that is an internationally recognized accreditation body for testing proficiency. We have excellent working relationships with our laboratories and will recommend using them as our subcontractor for City's asbestos testing projects. ow A -Tech Consulting, Inc. d Asbestos Assessment Reports Proposal for Various Environmental Services Page 23 August 1, 2022 Upon receipt of analytical results from the laboratory, A -Tech will prepare an asbestos assessment report that summarizes pre -field activities, field visual inspections, field sampling activities, sampling results, and recommendations. Our asbestos assessment reports will include (but not be limited to) the name of the surveyor, CACs and project manager; methods and procedures that were utilized in sampling and analysis; the date of survey; drawings and photographs of sampling locations; the laboratory qualifications statement; the existing conditions of the facility; a description of any identified ACM; and recommendations regarding asbestos handling and disposal, if needed. If ACM was identified at the project site, an asbestos abatement work plan will also be prepared and submitted along with the asbestos assessment report that will clearly identify procedures and steps to be followed by the abatement contractors. After internal review and quality control, the draft reports will be reviewed by a professional editor and the editor's comments will be reviewed and incorporated, as appropriate. Asbestos Field Monitoring When a project requires abatement, per regulations the City is required to directly hire an abatement contractor to perform the abatement activities. Once the abatement work plan is finalized, A-Tech's Lead and CACs will assist the City's project manager with bid package development and review of the submitted bids. A -Tech is experienced in coordinating, monitoring, and clearing abatement projects to make sure our clients can gain access to work areas in a timely manner. A -Tech will coordinate with the City on each project to ensure all project documentation meets all regulatory requirements. We will make sure that all required oversight agencies' notifications and documents are submitted by the abatement contractor on time to avoid project delays. During abatement activities, our experienced field technicians will provide oversight of abatement contractors' activities and conduct personal and ambient air monitoring for the work area, as necessary. We will work with the City to maintain the project schedule and can coordinate either with the necessary personnel to schedule clearance tests that will streamline the finalization of the project without lag time. Our approach allows our client as much or as little involvement as they are comfortable with. Asbestos Clearance (Close -Out) Report When the asbestos abatement has been completed, a final visual clearance inspection is conducted followed by air sampling that is analyzed on -site by Phase Contrast Microscopy (PC* utilizing a laboratory grade microscope, or off -site by Transmission Electron Microscopy (TEM) analysis, as necessary. For asbestos projects, we collect background, ambient and general air samples for on -site PCM analysis. If there is an elevated fiber concentration, we want to know right away to immediately modify engineering controls. When the entire abatement and remediation process is complete, a final close-out document will be prepared upon receipt of analytical results. The report will be delivered via email and/or standard mail based upon the City's preference. The final close-out document contains, at a minimum, an executive summary indicating methods of work; areas and materials abated; regulatory compliance; sample analysis findings and conclusions. The close-out report would also include (but not be limited to) project diaries, project checklists, permits, air monitoring logs, contractors' certifications, submittals and/or notifications, digital photographs, final visual inspection forms and clearance letters. 0 A -Tech Consulting, Inc. 0 LBP Testing and Assessment Proposal for Various Environmental Services Page 24 August 1, 2022 A -Tech utilizes trained Certified California Department of Public Health (DPH) Inspector/Assessors and DPH Project Monitors for all lead inspections, hazard assessments, project monitoring and clearance monitoring services. For Lead Based Paint (LBP) inspections of pre -designated areas, our DPH Certified Inspectors/Assessors, will utilize an X-Ray Florescence (XRF) analyzer and screen all painted surfaces, ceramic, and porcelain components by utilizing Cal-OSHA's and the U. S. Department of Housing and Urban Development's (HUD) sampling protocols. If analysis of suspect components using the XRF is not conclusive of presence of LBP, chip samples will be collected and analyzed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS), in accordance with current regulatory requirements. We will summarize the results and procedures in an LBP Assessment Report that will include (but not limited to) name of the inspector, date of inspection, all the XRF readings and their location logs, paint chip sample collection procedures and locations, results of laboratory analyses and its accreditation statement, and recommendations for next steps. If LBP was identified in any of the materials, an abatement work plan will be prepared and submitted along with the assessment report for execution by the abatement contractor. LBP Abatement and Monitoring For lead abatement or paint stabilization activities, we inspect the integrity of the containment, review all applicable notification and/or submittal documentation, review all abatement worker certifications and ensure a copy of the survey and work plan are on site during the work period. The project is monitored continually to ensure no migration of LBP occurs and that proper engineering controls are implemented as well as proper protective equipment are being utilized by the lead abatement contractor throughout the project. Upon completion of the removal/stabilization project, our technicians conduct a final visual clearance inspection and clearance sampling. Upon approval of the visual inspection, clearance wipe or soil sampling is performed and sent to a certified laboratory that will analyze the samples using AAS. If requested, A -Tech will also obtain and submit samples which will be analyzed for Waste Stream Characterization (TCLP, TTLC and STLC) to determine disposal requirements for generated lead waste on a project. As it was described above, A-Tech's personnel will assist the City in overseeing abatement contractors' activities. We will provide air monitoring and consultation on as -needed basis to ensure compliance with all the applicable rules and regulations, such as SCAQMD Rules 1403, 1150, 1166, and 1466. We understand that the City may be required to provide air monitoring during abatement and remediation activities, including but not limited to monitoring for dust, asbestos fiber content, VOCs emission, and any COPCs that might be emitted to the air by site disturbance. We have all the necessary equipment and tools in-house to conduct all the air monitoring requirements of this contract, and our personnel have experience utilizing PMlo, using either direct -read or datalogging particle counters, and photoionization detectors (PID). Our qualified consultants will be available 24/7 to provide consultations to the City regarding air monitoring and any other pertinent environmental issues. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 25 August 1, 2022 We take pride in our immediate responsiveness, while delivering quality results. A-Tech's personnel are available 2417 to provide any environmental consultations regarding the City's projects and activities. Our team of professionals are trained and qualified to provide emergency response to the City's requests. We can mobilize to any site in Southern California within one to two hours of notification. For areas further away, we require a 24-hour notice prior to mobilization to the project site. If projects' conditions require off -hours' services, our personnel will work accordingly to get the job done within the required time frame. Our field technicians reside throughout San Diego, Los Angeles, Orange, San Bernardino, and Riverside counties and are available to mobilize to any project site quickly. A -Tech works with technicians on rotation for evenings, weekends and holidays, to be prepared in the event of an after-hours service requests. Our project managers are experienced in adjusting technician availability and turnaround time of deliverables to fit the urgency and magnitude of any project. A -Tech provides a wide variety of environmental consulting services, including but not limited to: Phase I & 11 Environmental Site Assessments, Remedial Investigations, Groundwater Studies, Groundwater Modeling, Feasibility Studies, Remedial Design and Operation, Asbestos and Lead Inspections and Surveys, Mold Inspections, HAZMAT/Universal Waste assessments, Project Monitoring/Management Services, Indoor Air Quality Investigations, Bioaerosol Monitoring, Air Quality Testing, Environmental Health & Safety Audits/Inspections/Trainings, Risk Assessments, Radon Testing, Silica Exposure Assessments, Industrial Hygiene Assessments and Monitoring, Stormwater Sampling, Emergency Spill Response & Clean-up, Environmental and Industrial Wastewater and Stormwater Testing. e. RELEVANT PROJECT EXPERIENCE A -Tech has more 20 years of experience in conducting hazardous materials assessments and providing environmental consultation to its clients. Table 2 presents a select list of related projects that has been conducted by our team in the past three years. Additionally, more projects have been selected to provide further details on the experience of our team. ow A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 26 August 1, 2022 Table 2. Select Projects of Past 3 Years Date Related Client Project Name and Type Location Completed Category Early Childhood Facility Baldwin Park Unified School Phase I & II ESAs / HazMat Commerce, CA Sep-22 I & II District Surveys HazMat Surveys for 80+City City of Burbank Burbank, CA Ongoing II Buildings Los Angeles County HazMat Surveys of Various Los Angeles, CA Ongoing II Superior Court Courts in the County Long Beach Airport Hangar Construction Long Beach, CA Aug-22 Methane Investigation Exxon Mobil/Pacific Oil Gas Station Renovation UST Pasadena, CA Jun-22 Group Removal Investigation City Yard UST Removal City of Burbank Burbank, CA May-22 I & II Investigation Caltrans D7 Site Investigation Various, CA Mar-22 HazMat Surveys of all City City of Pasadena Pasadena, CA Dec-21 II Buildings US Army Corps of Engineers Extensive Site Investigation Fort Wingate, NM Nov-21 and Remediation Bristol Substation PEA / Southern California Edison Santa Ana, CA Oct-21 Phase I & II ESAs LA City College HazMat Los Angeles Community Surveys and Site Los Angeles, CA Aug-21 I & II College District Investigation Malibu Mesa Water UST Removal Investigation / Malibu, CA Jul-21 I & II Reclamation Plant HazMat Surveys Maintenance Yard Site Palo Verde Irrigation District Investigation and Blythe, CA Feb-21 Remediation SLC-8 Launchpad Phase I Vandenberg Airforce Base Environmental Baseline Vandenberg, CA Jan-21 Survey City of Pomona Fire Stations Site Closure Pomona, CA May-20 City of Alhambra City Yard Phase 11 ESA Alhambra, CA ct-19 Divisadero Substation Phase r�Jan-19 Southern California Edison Visalia, CA I & II ESAs IA -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 27 August 1, 2022 Type: Category I Client: Southern California Edison (SCE) Disclaimer: Mr. Toosi was the senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Involvement: 2017-Nov 2021 Project Description: Land divestiture, even more than land acquisitions, exposes clients to long term potential environmental liabilities. For retirement of SCE's Bristol Substation, which is located within the City of Santa Ana's Bristol Street Corridor Specific Plan (BSCSP), Mr. Toosi's team was hired for conducting initial environmental site assessments (ESAs). The objective of our work was to identify any Chemicals of Potential Concern (COPCs) that may have originated from SCE's historical operations, delineate the extent of the impact, and remediate the Site consistent with the City of Santa Ana's future use standards and other pertinent regulatory protocols and guidance documents. Our Phase I ESA report identified potential Recognized Environmental Conditions (RECs) that were attributed to polychlorinated biphenyls (PCBs), fuel -related petroleum hydrocarbons and volatile organic compounds (VOCs), and loss of mercury from the switches. Therefore, we planned for conducting additional site assessment and soil and soil vapor sampling at the Site. The Department of Toxic Substances Control Board (DTSC) was the oversight agency for this project. In 2020, we completed the Site characterization and delineated the area that was impacted by arsenic, lead, and PCBs. Our team developed the grading plans and managed the soil remediation by excavation activities. Upon completion of the remediation, the DTSC requested a Preliminary Endangerment Assessment (PEA) report to be prepared and submitted to the agency for Site closure. Mr. Toosi was the professional engineer who reviewed and stamped the PEA, which was submitted to the DTSC for final review. During this project, our team communicated every step of the work with the City of Santa Ana to ensure the BSCSP is not impacted by the investigation and rampdiatinn uinrlr Key Personnel: Mr. Toosi was the senior engineer and Dr. Robles was the risk assessment expert of this project. Figure 3: Soil Excavation at SCE's Facility, Under Mr. Toosi's Supervision 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 28 August 1, 2022 Type: Category I & II 1 Client: Baldwin Park Unified School District I Project Period. Jun 2022-Sep 2022 Project Description: The Baldwin Park Unified zardous Material Surveys School District (BPUSD) is proposing a commercial Phase • property to be transformed to an early childhood erty Assessment care facility. In request of the Federal funding " rv, agent, the BPUSD retained services of A -Tech to Concentrated Industrial Area conduct a Phase I ESA for this facility. A -Tech identified several recognized environmental conditions (RECs) related to potential use of herbicides and pesticides from historical farming activities; potential release of petroleum hydrocarbon from oil & gas well fields in the Site vicinity; potential leakage of oil & grease from the Site's UST; active contaminated site upgradient of the Site with ongoing remediation activities; truck staging activities and cargo freights at the Site; and the historical oil equipment service shop across the alley and upgradient to the Site. Based on these findings and the sensitive nature of the proposed land use, A -Tech recommended a Phase 11 ESA for this property. The Federal Early Childhood Education officer concurred with A-Tech's recommendations and requested a Phase 11 ESA for the Site. A -Tech currently is developing the Phase II ESA work plan and planning on securing the required permits to conduct the field activities. Key Personnel: Mr. Toosi is the project manager, Mr. Sandoval is the senior scientist, Mr. Ward is the CIH, Mr. Williams is the HazMat Survey Lead, and Ms. Lopez is the staff engineer for this project. Type: Category I & II 1 Client: City of Burbank Project Period: January -May 2022 Project Description: A -Tech was retained by the City of Burbank, Public Works Department to conduct environmental monitoring during removal of a 3,000-gallon USTs. The site is a Maintenance and Park Storage located in the City of Burbank. A - Tech monitored for VOCs via direct -read instruments during the removal of the tank and provided immediate recommendations, based on the results of the readings. Additionally, we collected samples to evaluate any leakage from the UST and conducted waste characterization. A -Tech also performed testing for asbestos at this building. All suspect asbestos containing -materials were tested and submitted to a certified laboratory for analysis. The city is A-Tech's oldest client, and they rely on A - Tech for their environmental needs. Ow A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 29 August 1, 2022 Key Personnel: Mr. Williams was the HazMat Survey lead, Mr. Sandoval was the site investigation and assessment lead, and Mr. Ward was the CIH for this project. Type: Category I Client: City of Alhambra Project Involvement: 2018-2019 Disclaimer: Mr. Toosi was the deputy manager and senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Description: Five USTs containing gasoline and waste oil were removed from the City of Alhambra's Maintenance Yard in the 1990s. However, the soil in the area was not evaluated for the presence of residual contamination. The LA Water Board on April 20, 2018, sent a Corrective Order Letter to the City. That order requested additional assessments to be conducted and a work plan for these activities must have been submitted to the LA Water Board by May 20, 2018. Our team was contacted by the City's Utility Department's Deputy Director, Mr. David Dolphin, to initiate developing the work plan and submit to the agency by the requested deadline. The LA Water Board approved our work plan and requested the results of the investigation in a technical report format by October 13, 2018. We completed all pre -field activities and hired subcontractors that we felt were the most qualified while offering the best value and mobilized our field crew on October 1, 2019. For this project, our team: ■ Drilled a total of 12 borings using direct push technology (DPT) to a depth of 35 feet below ground surface and collected samples at every five-foot interval. ■ Analyzed the samples using a mobile laboratory subcontractor for total petroleum hydrocarbons (TPH) and volatile organic compounds; and Showed, based on the results of this investigation, that the removal of the USTs was conducted properly, and that no residual contamination was present at the site. On October 12, 2018, we Submitted the final Site Closure Report and requested closure for the site from the LA Water Board. On October 7, 2019, the Water Board issued a no further -action letter and approved our request for Site Closure. The city was delighted with our team's efforts to finish this project within the budget in a timely manner. We have established relationship with the LA Water Board's staff and have a reputation as a diligent consultant, whose mission is to protect the environment and ensure its clients are not environmentally liable. Key Personnel: Mr. Toosi was the deputy project manager and senior engineer for this project. 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 30 August 1, 2022 Type: Category I & II Client: Los Angeles Community College District Project Involvement: 2020-March 2022 Disclaimer: Mr. Toosi secured this contract and managed it at his previous role as the vice president of Rubicon Engineering Corporation. A -Tech still is Rubicon's subcontractor and provided services in collaboration with Mr. Toosi. Project Description: In 2019, A -Tech as part of the Rubicon Team was awarded an on -call environmental consulting services contract with the Los Angeles Community College District to provide various environmental services including asbestos and lead sampling and monitoring, limited environmental investigation, and waste characterization investigation. We have since received multiple task orders and established a working relationship with the Los Angeles City College project team. In 2020, we completed a comprehensive survey of hazardous materials for the Central Plant Phase II renovation project, which assisted the client to comply with requirements of the South Coast Air Quality Management District (SCAQMD) Rule 1403. As a testament to our ability to respond to emergency situations, we conducted and completed an emergency project with short notice and turnaround for the Cesar Chavez Street emergency project. We mobilized to the site with the same day delivery of results, conducted inspection and sampling of a suspected transite pipe, prepared a SCAQMD Procedure 5 Work Plan, oversaw abatement activities, conducted clearance inspection, and provided a close-out letter. Due to the fast -paced nature of this job we completed this project within 20 working days, 10 days of which were spent waiting for the SCAQMD and Cal -OSHA notifications. In another task order, Mr. Toosi managed and conducted a limited soil investigation project at the Los Angeles City College to evaluate any potential contamination at the proposed Cesar Chavez Admin Building construction site. Our team arranged for mobilization to the site and collected 40 soil samples at various depths and analyzed them for any potential hazardous contaminant groups. Due to the ongoing construction activities the project required faster turnaround time than usual. The College managers were delighted with Mr. Toosi's responsiveness and quick attention to this project. Key Personnel: Mr. Toosi was the project manager, Mr. Williams was the HazMat Survey lead, and Dr. Robles is the risk assessment expert for this contract. ow A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 31 August 1, 2022 Type: Category II Client: Veteran Affairs (VA) San Diego Healthcare System Project Period: Jul 2020-Nov 2020 Project Description: In July through November 2020, A -Tech performed asbestos and lead project monitoring at the VA San Diego Healthcare System. During all phases of the project, A -Tech coordinated all activities with the abatement contractor and the client. Weekly clearance documentation was sent to the client and relevant hospital personnel. Routine inspections were performed throughout each shift to ensure that the large containment was secure and free of breaches, and that all work completed by the abatement contractor was performed in accordance with all current regulations. In addition, A -Tech collected air samples outside of the containment to ensure that no asbestos fibers were migrating from the containment. As a result of the careful attention to this project, there were no unnecessary project stoppages. A close-out report was provided to the client after all abatement activities were completed. Key Personnel: Mr. Williams was the HazMat Survey Lead of this project. Type: Category II Client: Santa Ana Unified School District Project Period: Mar 2022 Project Description: On March 16, 2022, A -Tech provided consultation to the client during all phases of the asbestos and XRF-lead assessment. The scope of work was included testing all materials on the interior of the library for asbestos and lead. A - Tech provided verbal results to the client as soon as laboratory results were available. A full assessment report was delivered within three days of A -Tech receiving the laboratory results. This assessment report was immediately stored in Santa Ana USD's vendor portal, maintained by A -Tech. Figure 4: View of Abatement Activities 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 32 August 1, 2022 f. REFERENCES Type: Category I Client: Baldwin Park Unified School District Project Name: Phase I & 11 ESAs for Proposed Early Childhood Care Facility Contact Name: Ray Rankin, Director of Maintenance and Operations Contact Email: Rhrankin911(cr�,bpusd.net Contact Phone: (626) 705-9154 Type: Category I & II Client: City of Burbank, Public Works Department Project Name: UST Removal Investigation and Comprehensive Hazardous Material Surveys Contact Name: Dean Pearson, Construction Manager Contact Email: DPearson(kburbankca.gov Contact Phone: (818) 238-3817 Type: Category II Client: City of Pasadena Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Henry Frometa, Human Resources, Safety Coordinator Contact Email: hfrometakcityofpasadena.net Contact Phone: (626) 744-3818 Type: Category I & 11 Client: Los Angeles Community College District Project Name: Comprehensive Hazardous Material Survey and Limited Environmental Investigation Contact Name: Steve Campos Contact Email: steve.campos cgbuild-laccd.org Contact Phone: (626) 510-4393 Type: Category II Client: Santa Ana Unified School District Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Fentriss Winn Contact Email: fentress.winngsausd.us Contact Phone: (760) 717-3077 Type: Category II Client: Superior Court of California, County of Los Angeles Project Name: Comprehensive Hazardous Materials Surveys Contact Name: Michael Berry, Facilities Services Supervisor ContactEmail: MBerry(&lacourt.org Contact Phone: (213) 633-1052 ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services 2. SCOPE OF WORK AND SCHEDULE As part of the RFP, sample fee proposals have been requested for the following properties: ■ Project #1: Halladay Property: 2245 S. Halladay Street, Santa Ana, CA 92707 ■ Project #2: Former Arco Gas Station: 2245 S. Main Street, Santa Ana, CA 92707 Page 33 August 1, 2022 A -Tech has prepared the following scope of work and schedule of events specific to these two projects and has provided a separate fee proposal in a sealed envelope that corresponds to these activities. Please note that we refrained from repeating our general approach that was explained in Section Ld and here we focus on specific activities, project background, and schedule of events. It is our assumption that the City of Santa Ana has issued task orders and requested A -Tech two separate cost proposals for conducting ESAs along with Hazardous Material Surveys at above properties. a. PROJECT W : HALLADAYPROPERTY It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it as an office building for employees. The Site currently consists of a single -story building in a residential neighborhood. A -Tech is retained to conduct a Phase I ESA and a comprehensive hazardous material survey of the building materials. Below is A-Tech's systematic approach to this project: Upon receipt of notice to proceed, A -Tech will arrange for a kickoff meeting to discuss the Deliverables: project requirements and obtain project relevant ✓ Phase I ESA Report information. We visited the Orange County V EDR Reports as Appendices Assessor Office website to find the Assessor V Owner Questionnaire as Appendix Parcel Number (APN) of 016-105-19. A -Tech V Site Reconnaissance Checklist as Appendix will quickly review the readily available historical aerial photographs on htlps://www.historicaerials.com/ to develop a general understanding of the Site and its vicinity. After the meeting, A -Tech will start preparing the Phase I ESA as described in Section Ld. For this Phase I ESA we will conduct a site visit, perform an interview with the owner/tenant, subcontract EDR for database research, and generate the final tables and reports. A site visit checklist along with interview questionnaire will be completed and provided as an appendix to Phase I ESA report. EDR results will be presented as appendices to the report. The detailed cost estimate for the Phase I ESA of Halladay Property is provided in Table B of the sealed fee proposal envelope. A -Tech will compile all the findings in a Phase I ESA Report and provide all supporting documents as attachments. The report will provide recommendations for further assessments and environmental requirements of the project. For this project and due to the historical conditions of the Site, A -Tech assumes that the project is completed with a Phase I ESA and no further assessment is required. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 3. Schedule of Phase I ESA for Halladay Property # Activity Pre- Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Site Visit and Interview 1 1 Week 3 Database Review 1 1 Week 4 Report Preparation 1, 2, and 3 3 Weeks Total Duration 4 Weeks In case the City plans to conduct any renovation or construction at the subject property, a comprehensive hazardous material survey is needed according to regulatory requirements. Comprehensive Asbestos Assessment Page 34 August 1, 2022 Deliverables: ✓ Comprehensive Asbestos Report ✓ Comprehensive Lead Assessment Report This assessment will satisfy all the requirements of a pre -renovation assessment, in accordance with Cal - OSHA Rule Title 8 CCR 1529 and NESHAPISCAQMD Rule 1403, as it pertains to this project only. Our certified asbestos consultant or certified site surveillance technician (CAC or CSST) will conduct an inspection of all areas and bulk sampling of suspect asbestos -containing materials (ACM), utilizing AHERA sampling protocols. We will arrange for access to all locations. Our scope includes analysis of suspect ACM samples by a NVLAP accredited laboratory, utilizing Polarized Light Microscopy (PLM) with dispersion staining, in accordance with current regulatory requirements. Sample analysis is based on standard 5 Day Laboratory Analysis. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, friability evaluations and remedial recommendations. Comprehensive XRF-Lead Assessment A -Tech will also conduct an inspection of all locations and sampling of any suspect lead -containing materials (LCM) via XRF, chip sampling of painted surfaces or bulk sampling of ceramic/porcelain components by a CDPH Certified The detailed cost estimate for the Hazardous Material Inspector/Assessor or Sampling Technician, utilizing Cal- OSHA's and HUD sampling protocols. The analysis of suspect lead bulk samples will be performed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS) and/or Total Threshold Limit Concentration (TTLC), in accordance with current regulatory requirements. Review of proposed renovation plans, if available. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, condition evaluations and abatement/stabilization recommendations. The following are typical suspect lead - containing materials found at this type of structure: Ceramic Tile, Painted Surfaces, and Porcelain Sinks & Toilets. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 4. Schedule of Hazardous Material Survey for Halladay Property # Activity Pre -Requisite Activity Duration 1 Fieldwork -- 1 Day 2 Laboratory Analyses 1 5 Days 3 Final Report 2 7 Days otal Duration 13 Days b. PROJECT #2: FORMER ARCO GAS STATION Page 35 August 1, 2022 It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it for residential redevelopment. We researched the State Water Resources Control Board's Database of Environmental Records — GeoTracker, with the Site address to evaluate the Site and its surrounding conditions. A -Tech identified that the Site is a former Arco Gas Station #5147 with a closed cleanup case (GeoTracker Global ID of T0605900621). The Site obtained closure as of March 23, 2022, from the Santa Ana Regional Water Quality Control Board (Water Board). Since 2005 until closure in March 2022, numerous environmental investigations, remediations, and litigations were conducted related to release of petroleum products from historical gas station operations. A -Tech has reviewed these reports and provided a summary of the reports and regulatory activities in Table 5. For the purpose of this fee proposal and as it is described in the RFP, A -Tech assumes that the City of Santa Ana has retained services of A -Tech for 1) conducting a Phase I ESA of the property, 2) the Phase I ESA will lead to a Phase II ESA in connection with UST removal activities, and 3) a comprehensive hazardous material survey of gas station structures and the shops building. A Phase I ESA will be prepared in accordance with the updated ASTM 1527-21 and as described in Section Ld. The Phase I ESA for Deliverables: this project will be in accordance with the ✓ Phase I ESA Report Schedule of Halladay Property project as it is presented in Table 3. Because of the historical operations at the Site and the potential leakage from the USTs and gas station activities, it is more than likely that the Phase I ESA conclusion will warrant conducting a Phase II ESA for this property. The detailed cost estimate for the Phase I ESA of Former Arco Gas Station is provided in Table D of the sealed fee proposal envelope. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table S. Chronological List of Historical Events at the Former Arco Gas Station Page 36 August 1, 2022 Document Date Document Type Consultant/Agency Notes Dormancy status (redo... sampling f equ...y to semi-annual basis/ monitoring to only 3 wells) rejected due to: Elevated/Fluctuating Levels of Fuel Oxygenates present in perimeter, Wall BH-8 (adjaeent to western January 05 2005 Request for Dormancy Delta Environmental Consultants USTIOispe...r ). High concentrations of Benzene in Wall BH-2 (former UST.; Southeast boundary) not wall defined. Sampling frequency (reduced from quarterly to annually) of Wells BH 1,11,12,13,14, and 18. Sampling frequency (must remain quarterly) for wells BH-6, 10 and remainder of Wells Quarterly Update Report Report aubmittad January 27, 2005: January 27 2005 Submittal Delta Environmental Consultant. Verbiage for previous quarters update report was Incorrectly left in this repo:. Resubmitted February T, 2005 Work Plan for Additional Proposed Scope of We-: January 28 2005 Groundwater Delta Environmental Consultants Install anew monitoring well I ... tad ... [/southeast of the former UST., a 1v.... one soli boring BH-19 to a Assessment depth of 22 it bgs and place screen from 5 ft bgs to total depth Resubmittal correcting previous Quarterly Submittal (4th Quarter 20") Jan 30, 2005: February OT 2005 Quarterly Update Report Della Environmental Consultants Grou-i-st., monitoring ...ducted (no -purge sampling) D... mber 17, 20" Submittal Analyzed for THG-g, BTEX, MTBE. Groundwater was not collected for Wells ON. 1, 11 through 14, and 18 Workplan for Additional Water Board Approved: February 15 2005 Groundwater Santa Ana Water Board One additional groundwater monitoring will be installed (to delineate lateral extent of high benzene Assessment ,ntmtl... ) In well BH-2 (east-southeast of UST exeavatlon/adjaeent residential complex) Request to cancel additional work plan Implamant.U.. because the utility location and geophysical survey Request to Rescind ques ondu.t.d on April 21, 2005, concluded the proposed well could not be safely installed. It was requested that June 09 2005 AGroundwater Additional Della Environmental Consultants alternative site eharocterizallon melhotla to be consitlerea or requirement of additional assessment to be Assessment .gma.a Revised Work Plan for May 15 2006 Additional Ground Water Della Environmental Consultants Request to rescind from June 09, 2005 was denied through a phone call conversation on June 22, 2005 Assessment Location of BH-19 revised to avoid utility interference On July 3, 2006 the proposed location of BH-19 was adjusted because a 12-inch concrete piping was found in the proposed revised location, therefore the well location was moved 3 feet North August 17 2006 Off -Site Well Installation Delta Environmental Consultants No detectable concentrations of benzene, toluene, ethylb... e c, total xylenes, MTBE, TBA, DIPE, ETBE, TAME Status Report or ethanol were found for the soil collected from BH-19. Soil Sample BN-19-10 has no detectable concentrations of BTEX, MTBE or TBA but had TPH-g .....nation of 290 mg/kg Resolution No. 2009-0042 was ad.pt.d May 19, 2009 this resolution mandates that agencies reduce quarterly monitoring requirements to a semi-annual basis unless sit¢ specific needs warrant otherwise: July 28 2009 Staff Letter Santa Ana Water Board Based on evaluation Wall. BH 2 through 4, T through 9, and 15 through 17 may be reduced to semi-annual mpling schedule Proposed adv... ent and sampling of 3 boring samples (C3B-1 through 3) In the areas of former dispenser August 31 2011 Work Plan for Stratus Environmental, Inc. island, UST. and product lines. Co motion Soil Borings Samples will be analyzed for Gasoline Range Organics, BTEX, MTBE, DIPE, ETBE, TAME, TBA and ethanol Revised Workplan for Advancement. of proposed soil boring location of August 31, 2011 to a depth of 15 ft Bgs, approximately 5 it November 10 2011 Confirmation Soil Borings Stratus Environmental, Inc. into groundwater Approval of Revised Work Plan for Confirmation Soil Borings dated November 16 ,2011 where 3 soil borings be January 05 2012 Staff Letter Santa Ana Water Board advanced to approximately 15 feet bgs and samples eollaet,d from each borehole at 5-foot intervals Air monitoring conducted during exeavatlon activities during March 3, 2012 where the breaking and removal of April OB 2012 Rule 1166 Soil Monitoring Stratus Environmental, Inc. asphalt and excavation of pea gravel and soil was conducted. Report VOC concentrations were not detected during excavation activities First Quarter 2012 jApol 30, 2012): work performed this quarter. submitted in the Quarterly Monitoring Report, Fourth Quarter 2011 on January 30, April 30 2072 Quarterly Status Report Stratus Environmental, Inc. 2012. No groundwater.ample. ware collected. Implemented the Revised Work Plan for Confirmation Soil Borings, dated November 10, 2011, on March 15 and 16, 2012 Confirmation of four soil borings to 15 ft bgs (CSB 1 through 4) Elevated concentrations of petroleum hydrocarbons, including benzene, were detected in ne r surface soils in May 14 2012 Confirmation Soil Boring Stratus Environmental, Inc. areas corresponding to both the former tanks and western dispans¢r area. The highest concentrations of TPH-9, Report benzene, xylenes, TMBs and naphthalene were encountered in CB-1 (10 feet bgs; southeast corner of site). Residual hydrocarbons were detected to total depth at all four drill locations Be.etl on the results of the Confirmation Soil Boring Report, agency required air-sparge wells AS-1 and AS-2 to July 12 2012 Staff Letter Santa Ana Water Board be sampled during next groundwater event, and soil vapor survey and risk assessment to be completed to determine the potential vapor intrusion threat posed by shallow residual contamination Non-compliance, failing to respond to directive, which required that a soil vapor survey and risk assess m¢nt to February 28 2013 Staff Letter Santa Ana Water Board be performed to evaluate the potential threat to human health posed by the elevated residual petroleum hydrocarbons enc unt.red in soils during confirmation sampling. Response to Non -Compliance by Straus: The newly adopted [at the time] Low.Threat Closure policy stales evaluation of the potential petroleum vapor intrusion to indoor air is not required at active commercial March 29 2013 Workplan for Shallow Soil Stratus Environmental, Inc. petroleum fueling facilities, lithology of subject site indicated release characteristics do not pose a threat to Vapor Survey pen gency's request, prepare a human health. To res d to a t, however, Straus will Work Plan to conduct a risk ent and a shallow sell vapor survey In general accordance with the DTSC Advisory Work Plan Approved, but all hydrocarbon related compounds with established screening levels must be quantified to sufficiently low limits to allow for comparison against California Human Health Screening Levels May 23 2013 Staff Letter Santa Ana Water Board (CHHSL.). Due to the very close proximity of adjacent residential structures, the resulting site data must be valuated under both commercial and residential exposure scenario Responsibility of the Arco Site had transferred from Atlantic Richfield Company to Tesoro Refining and July 3 2013 Owner Letter Tesoro Refining & Marketing, LLC Marketing, LCC effective June 1, 2013 Workplan for Additional Two (2) hand -auger borings be advanced In the vicinity of the current and former waste ell lank, In order to April 30 2014 Site Assessment Stratus Environmental, Inc. collect more detailed information on subsurface conditions near this potential area of concern. Additional Site In order to assess the presence of petroleum hydrocarbons In the vicinity of the existing waste oil tank, two soil August 22 2014 Assessment Report Stratus Environmental, Inc. borings (HA-1 andHA-2) ware advanced and results were presented. Regional Board staff has determined this environmental cleanup case eligible for site closure. Groundwater October 30 2014 Determination of Santa Ana Water Board monitoring and sampling activities may be reduced to an annual frequency (performed 2nd Quarter) pending site Eligibility for Closure closure Work Plan to perform additional soil sampling associated with the removal of the underground storoge tanks Work Plan fo r Soil (USTs), waste oil tank, hydraulic hoist, fuel dispensers and product piping. May 7 2079 Borings and oil Stratus Environmental, Inc. Sampling of fourteen soil borings associated with USTs, waste oil tank, and hydraulic lifts and the collection of Piping Sampling oil samples along the product piping and fuel dispense - Destruction of eleven onsite groundwater monitoring wells (BN-1 through BN-4, BN-6, BN-8, and BN-13 through September 6 2019 Well Destruction Report Stratus Environmental, Inc. BH-11 antl two o site dual nested air-sparge wells (AS-1 and AS-2) The wells were removed to facilitate site tlemolition asset ated with the City of Santa Ana's street widening project Communications on October 8 and 21, 2019 and January T, 2020 between Regional Water Board staff and State Revised Review Water Boartl staff, the following scope was disco ... d and agreed upon: The Site meets LTCP criteria for current January 23 2020 Summary Report - State Water Resources Control relal land use, It Is reasonable to re-evaluate Site conditions against the Policy when the future property Concur with Closure Board us.has been determined, Responsible party should contact the Department of Water Resources to onfirm/verify the location of the supply well, supposedly located less than 500 feet east of the Site. Concurrence of Site Closure Recommendation Evaluated nearby water -supply walls and confirmed that the walls do not exist. No further groundwater sampling May 6 2020 8 Cancellation of Annual Stanlee Consulting Services Inc. of the six off -site street groundwater monitoring wells was needed Groundwater Sampling Notification of Case Based on available data, the gasoline contamination in soil and/or groundwater beneath the site appears to have May 4 2021 Closure Santa Ana Water Board been adequately d and mitigated and environmental ease closure may appropriate be a late at this time. qua y assess. ga Well Destruction Removal and/or abandonment of all walls and other site improvements related to the underground storage tank September 9 2021 Directive Santa Ana Water Board cleanup must be done before a final case closure summary The destruction of six off -Site groundwater monitoring well. (BH-T, BH-9 through BH-12, and BH-18) part ormea November 23 2021 Well Destruction Report Stantec Consulting Services Inc. November 8 through 10, 2022 Agency finds that the site investigation and corrective action carried out at the above-r.f.r.n..d UST site is in March 23 2022 Closure Letter and Final Santa Ana Water Board c mpliance with the requirements and with corrective action regulations set and that no further action related Gas¢ Summary to the petroleum releases(.) at the site is required. 40 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Background, Proposed Scope of Phase H ESA Page 37 August 1, 2022 From review of the Site documents available on Deliverables: GeoTracker, A -Tech assumes that the Site ✓ Work Plan for Field Activities features include three 12,000 gallon, double- V Health & Safety Plan (HASP) walled, fiberglass gasoline USTs, one 500-gallon double walled, fiberglass waste oil UST, and their V Orange County Boring Permit Application ✓ Geophysical Survey associated hydraulic hoists dispensers and ✓ Field Daily Report associated product lines, and vent lines. The Site V Phase II ESA Report is a rectangle with approximate dimensions of 80 V Cost Proposal for Remediation Activities by 120 feet. Based on this information, A -Tech ✓ Cost Allocation and Responsible Parties is planning for two borings per 12,000-gallon 14( UST area, one boring for the 500-gallon UST area, and three borings at each 20 linear feet of piping. Historically, groundwater is encountered at approximately 10 feet bgs at or near the Site vicinity. The chemicals of potential concern (COPCs) at the Site include Total Petroleum Hydrocarbon (TPH), and Volatile Organic Compounds (VOCs). Due to potential use and storage of lead -containing gasoline, A -Tech also recommends Title 22 metals to be included as the COPCs. A total of ten (10) borings will be advanced using a hydraulic direct -push technology (DPT) drilling rig. The soil will be logged using the Unified Soil Classification System (USCS). Borings will be advanced to a maximum of 20 feet bgs and soil samples will be collected starting at 1.0 feet bgs and repeated at 5.0, 10.0, 15.0, and 20.0 bgs. Because of the shallow groundwater, samples will be collected in borings where groundwater is encountered using hydropunch valves. In addition, we will install soil vapor probes at 5.0 and 15.0 ft bgs at three selected borings and collect six soil vapor samples with summa canisters. The soil samples will be collected in acetate -lined sleeves capped with Teflon' tape and airtight plastic caps. The samples will be packed in ice and transported to a State -Certified laboratory for analysis, with proper Chain -of -Custody documentation. All work will be performed under the oversight of a state of California certified Professional Engineer. Field Quality Assurance/Quality Control (QA/QC) measures include collecting field duplicate samples, equipment blank at the end of the day, and one trip blank for sample transports. All discrete samples collected at 1.0, 5.0, and 10.0 feet bgs will be initially analyzed for VOCs by EPA Method 8260B, Title 22 metals by EPA Method 6010B, and TPH by EPA Method 8015. The soil vapor samples will be analyzed for VOCs using EPA Method TO-15. Groundwater samples will also be analyzed for the same COPCs. Samples at 15.0, and 20.0 feet bgs will be placed on hold for further analyses if initial shallow samples return at an elevated level. Work Plan and Pre -Field Activities A -Tech will conduct this Phase II ESA in accordance with procedures set forth in Section Ld of this proposal. A -Tech will prepare a work plan for the scope described above and in accordance with ASTM E1903-19. After review of the work plan by the City, it is submitted to the Water Board for approval before implementation. Additionally, a project -specific Health and Safety Plan (HASP) will be developed outlining the various hazards associated with the proposed scope of work. Because the borings will potentially reach to the groundwater, A -Tech will obtain a Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency. The permit processing OR A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 38 August 1, 2022 usually takes up to 10 business days, but we can expedite the process by paying the expedited fees, if needed. We will notify the Underground Service Alert (USA Dig Alert) at least 48 hours prior to any field mobilization, so utilities may mark their subsurface conduits on and adjacent to the Site. A geophysical survey will be conducted at the subject property to determine the location, if any, of subsurface utility conduits where soil borings will be advanced. The locations of the soil borings will be placed away from any subsurface conduits marked by USA or located by the private subsurface location company hired by A -Tech. The boring will be marked by white paint, visible for USA and the geophysical crew. A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, and laboratories) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. The laboratory results will be on normal turnaround time, which is 5 days. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and Santa Ana RWQCBs. The findings determine which of the following course of action is required: "No further action needed; in which case the report will request site closure; Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs); or Investigation is completed but remediation is required. " A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. If further assessment is recommended or remediation is warranted, a cost proposal will be prepared and accompany the recommendations. Potential responsible parties (PRPs) for contamination will be determined and we will discuss viable options for incurring the cost from the PRPs. The detailed cost estimate for the Phase II ESA of Former Arco Gas Station is provided in Table E of the sealed fee proposal envelope. Ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 6. Schedule of Phase I & II ESAs for Former Arco Gas Station Page 39 August 1, 2022 # Activity Pre -Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Phase I ESA 1 4 Week 3 Phase II ESA Work Plan & HASP 2 2 Week 4 Phase 11 ESA Permitting 2 10 Days 5 Phase II ESA Pre -Field Activities 1 1 Week 6 Phase II ESA Work Plan Implementation 3, 4, and 5 1 Day 7 Phase II ESA Laboratory Turnaround 6 5 Days 8 Phase II ESA Data Evaluation and Reporting 7 3 Weeks Total Duration from Phase I to Phase II ESA Completion 12 Weeks A -Tech will conduct a comprehensive asbestos and lead assessment of the building materials at Deliverables: the subject property. For the purposes of this ✓ Comprehensive Asbestos Report proposal, A -Tech assumes that there is a gas ✓ Comprehensive Lead Assessment Report station shop and its associated structures at the subject property. A-Tech's scope of services is similar of what is discussed for the Halladay Property and follows the exact schedule of events as described in Table 4. The detailed cost estimate for the Hazardous Material Survey of Former Arco Gas Station is provided in Table F of the sealed fee proposal envelope. Ow A -Tech Consulting, Inc. EXHIBIT B 0 A -Tech Consulting, Inc. Mr. Kenny Nguyen Project Manager, City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 ORIGINAL Fee Proposal for RFP No. 22-090 Various Environmental Services Category I & II Dear Mr. Nguyen: August 1, 2022 As requested in the Request for Proposal (RFP) No 22-090, A -Tech provides this Fee proposal in accordance with the requirements of the RFP and the Sample Fee Proposal projects. Tables A through F summarizes our cost proposal for this project: ■ Table A.1: Schedule of Rates for Category I: Phase I & 11 ESAs ■ Table A.2: Schedule of Rates for Category II: Hazardous Material Surveys ■ Table B: Sample Cost Proposal for Phase I ESA of Halladay Property ■ Table C: Sample Cost Proposal for HazMat Survey of Halladay Property ■ Table D: Sample Cost Proposal for Phase I ESA of Former Arco Gas Station ■ Table E: Sample Cost Proposal for Phase 11 ESA of Former Arco Gas Station ■ Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station We believe that we provided the most competitive rates while delivering ultimate quality. The rates will be in effect for the duration of the contract. If you have any questions or require clarifications, please do not hesitate to contact us. Respectfully submitted, A -Tech Consulting, Inc. l psi Roohi Toosi, PE Director of Engineering Casandra Williams, CAC, DPH Chief Executive Officer HQ: 1640 N. Batavia Street, Orange, CA 92867, Phone: (714) 434-6360 Website: www.atechinc.net Tables 0 A -Tech Consulting, Inc. Table A.1: Schedule of Rates for Category I: Phase I & II ESAs Job Classifications Personnel Rate Project Manager $200.00 Health & Safety Director $215.00 Risk Assessment Expert $180.00 Senior Engineer/ Geologist/ Scientist $140.00 Project Engineer/ Geologist/ Scientist $125.00 Staff Engineer/ Geologist/ Scientist $110.00 Field Technicians $105.00 CAD & GIS Technicians $100.00 Admin Support & Editor $80.00 0 A -Tech Consulting, Inc. 0 -Tech Consulting, Inc. 2022 A -Tech Fee Schedule Disciplines Certified Industrial Hygienist (CIH) $215.00/Hour Professional Engineer $195.00/Hour Principal Hygienist $165.00/Hour Certified Environmental Infection Control Consultant (CEICC) $150.00/Hour Certified Indoor Environmental Consultant (CIEC) $150.00/Hour Environmental Project Manager $130.00/Hour Certified Asbestos Consultant (CAC) $130.00/Hour Certified Site Surveillance Technician $105.00/Hour CDPH Certified Project Monitor $105.00/Hour CDPH Certified Inspector/Assessor $105.00/Hour Trained Mold Inspector $105.00/Hour Trained Mold Project Monitor $105.00/Hour Report Preparation & Administrative $80.00/Hour Note: All the above rates are fully encumbered, unless otherwise specified. Shift Rates Clearances - (includes up to 4 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $625.00/visit Weeknight (6pm - 6am) $725.00/visit Saturday $725.00/visit Sunday $850.00/visit Emergency Response - Weeknight/Saturday $800.00/visit Emergency Response - Sunday $950.00/visit Project Monitoring - (includes up to 8 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $1,250.00/shift Saturday $1,400.00/shift Sunday $1,600.00/shift Note: All samples analyzed at a certified laboratory will be charged at the applicable per -sample rate. Report Rates: Procedure 5 Work Plan, Asbestos, Lead or Mold Scope of Work Asbestos or Lead Operation and Maintenance Plans Silica Exposure Control Plans Asbestos Samples Bulk - Polarized Light Microscopy Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (6 Hours) Rush Turn -Around (3 Hours) Bulk - Point Counting (PLM) 1,000 points Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Page 1 of 3 $950.00/report $850.00/report $850.00/report $15.00/sample $21.00/sample $25.00/sample $30.00/sample $35.00/sample $120.00/sample $13 5.00/sample $180.00/sample $270.00/sample 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Web Address: www.atechinc.net 0 A -T(? ch Consulting, Inc. 2021 General Fee Schedule Sample Analysis Air — Phase Contrast Microscopy (PCM)* Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $15.00/sample Accelerated Turn -Around (24 Hour) $15.00/sample Rush Turn -Around (3 Hours)* $20.00/sample * - Analysis available on site. Air — Transmission Electron Microscopy (TEM-AHERA) Standard Turn -Around (5 Days) $80.00/sample Expedited Turn -Around (3 Days) $100.00/sample Accelerated Turn -Around (24 Hour) $140.00/sample Surface — Wipe or Microvac — Quantitative (TEM-ASTM D5755) Standard Turn -Around (5 Days) $180.00/sample Expedited Turn -Around (3 Days) $200.00/sample Accelerated Turn -Around (24 Hour) $260.00/sample Rush Turn -Around (6 Hours) $320.00/sample Nuisance Dust Samples Air — Total Particulates (NIOSH 0500) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Air — Respirable Particulates (NIOSH 0600) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Lead Samples Chip, Wipe, Air, Soil — Atomic Absorption Spectrometry (AAS) Standard Turn -Around (5 Days) $17.00/sample Expedited Turn -Around (3 Days) $20.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (3 Hours) $70.00/sample Ceramic Tile Samples (TTLC) Standard Turn -Around (5 Days) $50.00/sample Expedited Turn -Around (3 Days) $58.00/sample Accelerated Turn -Around (24 Hour) $70.00/sample X-Ray Fluorescence (XRF) Analysis On -Site Analysis $475.00/day 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Page 2 of 3 Web Address: www.atechinc.net 0 -Tech Consulting, Inc. Mold and Bacteria Samples Non -Viable — Air — Spore & Pollen Identification (count/M3) Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Non -Viable — Surface (Tape -Lift, Swab/Bulk) — Qualitative Identification Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Bacteria — Sewage Screen Swab — Qualitative Identification Expedited Turn -Around (48 Hour) Rush Turn -Around (28 Hour) Bacteria — Adenosine Triphosphate (ATP) Luminometer On -Site Analysis Environmental Soil Sample Analysis 2021 General Fee Schedule Sample Analysis $68.00/sample $78.00/sample $95.00/sample $115.00/sample $68.00/sample $78.00/sample $95.00/sample $115.00/sample $190.00/sample $230.00/sample $60.00/sample Method(s) Compounds 5-day TAT 3-day TAT 2-day TAT 1-day TAT 6010B/7471A Title 22 Metals $150 $202.50 $225 $300 8015B/5035 TPH gas $60 $81 $90 $120 8015B TPH diesel/oil $90 $122 $120 $135 8260B/5035 VOCs + ox s $142.50 $195 $215 $285 5035 Kit For Soil Sampling VOCs) $30 $30 $30 $30 8270C SIM PAHs $187.50 $255 $282 $375 8151A Herbicides $195 $265 $295 $390 8081A Or anochlorine Pesticides $150 $155 $170 $225 8141A Organophosphorus Pesticides $165 $225 $250 $330 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Page 3 of 3 Web Address: www.atechinc.net Table B. Sample Cost Proposal for Phase I ESA of Holladay Property # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 12 $0.00 $2,280.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,200.00 $650.00 $3,810.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,200.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 20 1 26 8 Total Cost for Phase I ESA of Halladay Propertyl $3 810.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. A -Tech Consulting, Inc. Table C: Sample Cwt Proposal for HazMat Survey of Halladay Property Site Visit and Report with XRF Analysis Asbestos Bulk Samples (PLM) $2,255.00/Visit X 1 $2,255.00 $15.00/Sample X 60 $900.00 Total $3,155.00 OW A -Tech Consulting, Inc. Table D. Sample Cost Proposal for Phase 1 ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 16 $0.00 $2,720.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,640.00 $650.00 $4,250.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,640.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 24 1 30 8 Total Cost for Phase I ESA of Halladay Property $4 250.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. A -Tech Consulting. Inc. Table E: Sample Cost Proposal for Phase II ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CIH Senior Level Staff Project Level Staff Staff Level Field Technician CAD/GIS Tech Expenses(l) Cost per Task Rate (hr) $200.00 $215.00 $140.00 1 $125.00 $110.00 $105.00 $100.00 Unit Rate Quantity Cost Number of Hours/Subtotal 1 Task 1- Work Plan, HASP, and Agency Notifications 2 Work Plan and HASP Preparation 1.0 1.0 2.0 0 12 0 4 $2,415.00 3 Subtotal $200.00 $215.00 $280.00 $0.00 $1,320.00 $0.00 $400.00 $2,415.00 4 Task 2 - Field Oversight and Sampling 5 USTRemoval Oversight 2 0 0 0 0 10 0 $1,450.00 6 Lab Cost(2) (TPH, Metals, and VOCs assuming 30 samples) 1 $12,500.00 $12,500.00 7 Geophysics 1 $700.00 $700.00 8 Drillers Cost 1 $3,500.00 $3,500.00 9 Subtotal $400.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $18,150.00 10 Task 3 - Report Preparation 11 Report Preparation and Data Evaluation 1 1 8 0 24 0 0 $4,175.00 12 Subtotal $200.00 $215.00 $1,120.00 $0.00 $2,640.00 $0.00 $0.00 $4,175.00 13 Total Labor Cost $800.00 $430.00 $1,400.00 $0.00 $3,960.00 $1,050.00 $400.00 $8,040.00 14 Total Number of Hours 4 2 10 0 36 10 4 66 1s Total Expenses $16,700.00 16 Total Project Cost r$24,740.00 Notes: 1) Expenses refer to subcontractor costs, laboratory analysis, equipment, materials, and other project related direct costs. 2) For lab cost A -Tech assumed that initially total of 30 samples (1-, 5-, and 10-foot samples from 10 borings) will be analyzed for Metals, TPH, and VOCs as described in the proposal. The unit cost of these analyses is provided in Table A.2 0 A -Tech Consulting, Inc. Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station Item Price Qty Line Tota Site Visit & Report with XRF Analysis $2,255,00/Visit X 1 $2,255.00 Asbestos Bulk Samples (PLM) $15.00/Sample X 50 $750.00 Total $3,005.00 0 A -Tech Consulting, Inc. AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Dudek, ("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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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 as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 11 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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 7 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Joe Monaco, President Dudek 605 Third Street Encinitas, CA 92024 Fax: 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. 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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency 9 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: I D1oA1SCigBned by: bstfM... b 6cu25F28F42F Joe Monaco President DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 ,4coRo° CERTIFICATE OF LIABILITY INSURANCE �� 8/28/2023 DATE (MM/DD/YYYY) 8/17/2022 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 such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX Ext : A/C No E-MAIL ADDRESS: kctsu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK 1475107 605 THIRD STREET INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Compmy 20443 INSURER D : ENCINITAS CA 92024 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 16765248 REVISION NUMBER: XXXXXXX 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y GL00146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 A AGE To ENTEA PREM SES Ea occu ante $ 100 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X JECOT- �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP0146329 8/28/2022 8/28/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ XXXXXXX B X UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1000 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXxxXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y WC0146330 8/28/2022 8/28/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION See Attachments 16765248 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92702 AUTHORIZED REPRESENTATIV . , �,a I ACORD 25 (2016/03) © 1988�015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D88FAl02-MA54F89-131327-3941CF5F6548 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer I Add'1 Prem. Return Prem. GL00146311 8/28/2022 1 8/28/2023 8/28/2023 1 37385000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization 2 U RI C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574650 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 8/28/20228/28/2023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 �Ed. 4-84) 1983 National Council on Compensation Insurance. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 IP7 TECHNICAL PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Calle Arroyo/ San Juan Capistrano, California 92675 DUDE Cover Letter July 26, 2022 Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Subject: Various Environmental Services Dear Mr. Nguyen, The City of Santa Ana (City) requires a qualified environmental consulting firm to provide Environmental Site Assessments (ESAs) and Hazardous Material Surveys for a variety of Capital Improvement Projects. Dudek is well versed in the scope of services included in the Request for Proposal (RFP) and has extensive experience providing on -call consulting services to clients, including municipalities, that are acquiring, redeveloping, and/or responsible for contaminated and potentially contaminated properties. Firm Overview. Founded in Encinitas, California in 1980, Dudek is an employee -owned environmental and consulting firm. We assist public and private clients on a broad range of projects to improve California's communities, infrastructure, and natural environment. From evaluation, planning, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and varying stakeholder interests. Our trained professionals find practical, cost-effective approaches to help you achieve your specific goals. We work to build your trust and confidence in our team, which allows us to offer efficient and effective solutions for the long-term success of your projects. Susan Smith, PG Contract Manager ssmith@dudek.com 951.300.1085 Office: San Juan Capistrano 27372 Calle Arroyo San Juan Capistrano, California 92675 As a mid -sized firm with more than 700 employees, we combine the personal service of our project managers who stay with your project from start to finish, with a breadth and depth of capabilities to meet project requirements. Our project managers are empowered to be problem -solvers with the ability to make decisions in a timely fashion to keep the project moving forward. We are proud of our low employee turnover; our staff's long tenure means that the project manager you see at the bidding stage will likely be with you at project completion. Dudek has a reputation for consistently delivering high -quality projects on time and within budget. With more than 180 on -call contracts throughout the state that provide as -needed environmental engineering, planning, and permitting services, we understand the importance of organization and clear communication. From large water agencies to regional municipalities, we will draw upon decades of experience in managing multiple task orders to ensure all City requests are handled efficiently and cost Various Environmental Services DUDEK effectively. We rise to the challenges of meeting tight timelines, and in doing so, have developed an expertise in critical path management, fast -track scheduling, efficient staffing, and workload management. Dudek's Capabilities. The Dudek team has diverse expertise and experience to conduct the requested services for the City. We have conducted hundreds of ESAs, performed numerous site investigations, and have worked closely for many years with our subconsultant, Aurora Industrial Hygiene (Aurora), on projects involving Hazardous Material Surveys. We evaluate and manage hazardous materials and wastes from a variety of sites, including facilities contaminated with metals, chlorinated solvents, perchlorate, fuel hydrocarbons, perand poly-fluoroalkyl substances, and pesticides. Our scientists and planners evaluate potential risks for current and future land uses. We conduct various studies, including those used to obtain risk -based closure for hazardous waste sites, or to support change -of -use applications, including industrial, commercial, and residential projects. Dudek is characterized by the following strengths, which we will bring to this project: We are proactive. We stay ahead of the curve to avoid surprises from regulatory agencies and stakeholders, or from various issues that may arise during the environmental process. We provide strategic counsel. We draw upon our wealth of experience to advise on environmental issues that may impact cost, schedule, stakeholders and the public, or legal defensibility. We work for you. We make sure our clients are always the first to know information so we can discuss roll -out strategies in advance while respecting required legal notifications. We are strong client advocates who have maintained excellent relationships and reputations with regulatory agencies. Diverse Team of Technical Experts with Experience in Each Aspect of the Scope of Work. The Dudek team includes a deep bench of credentialed environmental engineers, geologists, and hydrogeologists , who have local knowledge and experience.The Aurora team includes experienced and skilled technical staff, including Certified Asbestos and Lead Consultants, California Department of Public Health inspector/risk assessors, Certified Safety Professionals, Certified Microbial Consultants, and professional engineers. Dudek is also proposing the use of trusted subcontractors, such as a geophysical surveyor, drillers, and analytical laboratories to fulfill the scope of work. Our proposal highlights the qualifications and experience of the Dudek team to successfully assist the City and provides client references who can attest to the quality of Dudek's work. We are excited by the opportunity to work with the City of Santa Ana. Our team is ready to serve. Sincerely, Jo onaco President Joseph Monaco is authorized to sign on behalf of Dudek. Contract Manager Various Environmental Services Table of Contents SECTIONS Cover Letter ..................................................... Contract Agreement Statement ...................... Firm and Team Experience ............................ Understanding of Need ................................... Relevant Project Experience and References Scope of Services and Schedule .................... TABLES 1 Key Staff Percentage of Time Devoted to Project................................................................................ 5 2 Project Specific Experience.................................................................................................................11 3 Project Timeline................................................................................................................................... 16 FIGURE 1 Dudek Team Organization.................................................................................................................... 2 APPENDICES A Resumes B Certifications Various Environmental Services Contract Agreement Statement 1. Regarding Section 3 of the agreement, Dudek respectfully requests the ability to request annual rate increases in line with applicable CPI. 2. Dudek respectfully requests the following be added to the end of Section 7 of the agreement: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of the City, provided, however, the Consultant shall be responsible for the City's defense costs to the extent such costs are incurred as a result of the Consultant's negligence, recklessness, or willful misconduct." Various Environmental Services iv Firm and Team Experience The Dudek Advantage At Dudek, we understand that successful reuse/redevelopment of contaminated property requires a team of engineering, geology, and hydrogeology professionals who understand local, state, and federal regulations and are skilled in navigating the nuances of regulatory agencies. We have extensive experience conducting environmental site assessments (ESAs) and investigations, as well as evaluating and implementing remedial alternatives that are appropriate, applicable, and cost-effective. DIVERSE CAPABILITIES AND QUALIFIED STAFF Environmental Site Assessments Dudek geologists, environmental engineers, and scientists have conducted hundreds of Phase I ESAs in accordance with the appropriate ASTM Standard and other applicable regulatory, lender, and client -specific requirements. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. Dudek engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development/redevelopment, land use risk assessments, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. We prepare site -specific risk assessments to evaluate potential Dudek ■ Phase I and Phase 11 ESAs ■ Air, soil, soil vapor, and groundwater sampling ■ Remediation feasibility/ cost analysis ■ Soil, soil vapor, and groundwater remediation ■ Hazardous materials and waste classification and disposal ■ Hazardous Waste Facility permitting ■ Hazardous Materials Business Plans ■ Regulatory agency coordination ■ Spill, Prevention, Control, and Countermeasures Plans Aurora Industrial Hygiene ■ Industrial hygiene ■ Lead and asbestos management ■ Safety and risk management ■ Indoor air quality risks for current and future land use. These studies may be used to obtain risk -based closure for contaminated sites or to support change -of -use applications, such as from industrial to commercial or residential Hazardous Materials Surveys Aurora Industrial Hygiene (Aurora) will perform services related to hazardous materials building surveys. Aurora is a small, woman -owned business enterprise that provides the highest quality industrial hygiene and safety services. Their small size ensures that a Certified Industrial Hygienist will manage all projects, and all field work will be conducted by experienced field -level industrial hygienists who are certified by the State of California as Asbestos Consultants or Site Surveillance Technicians and Lead Inspector/Risk Assessors and Project Monitors. Aurora's staff is specialized in the fields of industrial hygiene, environmental testing, safety, asbestos, lead -based paint, mold inspection and management, indoor air quality, construction safety, OSHA compliance auditing, and training. Various Environmental Services DUDEK Project Team The Dudek and Aurora team will provide the City of Santa Ana (City) with the appropriate skills and experience necessary for the services outlined in the Request for Proposal (RFP). We will be supported by subconsultants and subcontractors who are well -regarded and accomplished in their respective disciplines and bring local, relevant experience. Dudek will serve as prime consultant and be contractually responsible for overall management, quality, and delivery of final products. Figure 1 illustrates the project organization and responsibilities of the Dudek team. Brief biographies for key personnel follow. Focused resumes are provided in Appendix A. Figure 1. Dudek Team Organization CATEGORYI Phase I ESA Audrey Herschberger, PE CONTRACT MANAGEMENT Contract Manager Principal In Charge Susan Smith, PG Glenna McMahon, PE KEY LEADERS: CATEGORYI CATEGORY II Phase II ESA Nicole Peacock, PE, PG, CHG SUBCONTRACTORS Hazardous Materials Surveys Grace Rinck, CIH' Hazardous Waste Utility Clearance/ Drilling Laboratories Management/Disposal Geophysical Surveys BC2 Environmental Eurofins Calscience Belshire ULS Services Inc. Millennium Jones Environmental Land Surveyor Environmental Eurofins EMLab P&K2 Calvada LA Testing' 1 Aurora Industrial Hygiene 2 Category Il Laboratory Various Environmental Services 2 DUDEK KEY PERSONNEL Contract Manager Susan Smith has 20 years' experience in environmental consulting and project management. Her experience is diverse in nature and covers much of the environmental project spectrum, from Phase I ESAs to litigation support for Potentially Responsible Party designation rebuttal. Her project experience includes oil field remediation, gas station investigation and remediation, soil sampling, soil vapor sampling, groundwater sampling, asbestos surveys, lead -based paint surveys and abatement, litigation support investigations, quality assurance and quality control reviews, as well as a large-scale plume characterization study for a former refinery. Representative Project Experience DUDEK Education California State University, Fullerton BS, Geological Sciences Certifications PG, CA No. 9176 OSHA 40—Hour HAZWOPER OSHA Site Supervisor Health & Safety Training RCRA and DOT Hazardous Waste Handler Training First Aid + CPR ■ Project Manager: Commercial Property Phase II ESA, Banning, California ■ Project Manager: Veteran's Resource Center Phase II ESA, Norco, California ■ Project Geologist: Phase I and Limited Phase II ESA, Santa Monica, California Principal in Charge Glenna McMahon has 22 years' environmental consulting and project management experience. She focuses on environmental engineering and hydrogeology, specifically hazardous waste investigation, monitoring and remediation, as well as litigation support. Her project experience includes ESAs; soil, soil vapor, and groundwater sampling and data evaluation; health risk assessments; evaluation, design, and implementation of remedial alternatives; environmental compliance; and third -party evaluation of remediation expenditures. Ms. McMahon manages several projects that involve state or local regulatory oversight Representative Project Experience Education University of Vermont BS, Civil and Environmental Engineering Certifications PE, CA No. 79742 CEM, NV No. 1974 OSHA 40-Hour HAZWOPER OSHA Site Supervisor RCRA and DOT Hazardous Waste Manager Certification Project Manager: Former Manufacturing Facility, Groundwater Monitoring and Remediation, Stockton, California Project Manager: Sewer Force Main Replacement, Site Assessment, Investigation and Hazardous Materials Contingency Plan, City of Chula Vista, California Project Manager: San Diego State University West, Hazardous Materials Evaluation and Survey, San Diego, California Various Environmental Services 3 Phase I ESA Lead Audrey Herschberger is a professional environmental engineer with 14 years' experience in environmental consulting, specializing in regulatory compliance, including stormwater permitting in Oregon, Washington, and California, and federal Spill Prevention, Control, and Countermeasure Plans. Ms. Herschberger's experience includes Phase I ESAs under ASTM E1527-13 and -21; Phase II ESAs underASTM E1903-19; hazards and hazardous material analysis under the California Environmental Quality Act (CEQA); management of small to mid -size environmental sampling, stormwater treatment, and permit compliance projects; and hazardous material management and abatement projects. Representative Project Experience Project Engineer: California Department of Transportation Initial Site Assessments, City of La Canada Flintridge, California Project Engineer: Phase I ESA Peer Review, Phase I ESA and Phase 11 ESA, City of Oxnard, California DUDEK Education Oregon State University BS, Chemical Engineering Certifications PE, OR No. 80505PE 40-Hour HAZWOPER Certification 8-Hour HAZWOPER Refresher 10-Hour OSHA Construction Standards First Aid/CPR Certification Hazardous Waste Basics, Managing Common Wastes Oregon Department of Environmental Quality Professional Affiliations AWMA Pacific Northwest International Section Project Engineer: Hazards and Hazardous Materials Assessment, Orange County Sanitation District, Orange County, California Phase II ESA Lead Nicole Peacock is an environmental engineer and geologist with 23 years' experience. Ms. Peacock performs numerous tasks dealing with hazardous waste investigation and remediation projects, including soil, soil vapor, and groundwater investigation and remediation and litigation support and cost allocation among potentially responsible parties for hazardous waste sites. She also provides services for Phase I and II ESAs, school site assessments, landfill monitoring, environmental compliance, and community relations. Representative Project Experience Education University of California, Los Angeles BS, Civil and Environmental Engineering/Geology Certifications PE, CA No. 68775 PG, CA No. 8553 CHG, CA No. 940 ■ Project Manager: City of Monterey On -Call, Monterey, California ■ Project Manager: City of Orange Phase II ESA, Orange, California ■ Project Manager: City of Hermosa Beach Corrective Action Plan, Hermosa Beach, California Various Environmental Services 4 DUDEK Staff Availability Table 1. Key Staff Percentage of Time Devoted to Project Susan Smith -.Hours Contract Manager Hours Glenna McMahon Principal in Charge Audrey Herschberger Phase I ESA Lead Nicole Peacock Phase II ESA Lead 71 ii Grace Rink' Hazardous Materials Surveys Lead Aurora Industrial Hygiene Various Environmental Services Understanding of Need Category I: Environmental Site Assessments and Investigation Successful reuse/redevelopment of contaminated property requires a team of engineering, geology, hydrogeology, and chemistry professionals; an understanding of local, state, and federal regulations; and familiarity with the nuances of regulatory agencies. Our experts evaluate and manage all aspects of environmental due diligence, cost —benefit analysis, data collection, risk assessment, remediation, and environmental program management. We evaluate and implement remedial alternatives that are cost- effective, time -sensitive, and consider all aspects of risk. We have successfully performed investigation and remediation on commercial and industrial properties, including manufacturing facilities, dry cleaners, automotive shops, oil fields, schools, universities, agricultural sites, hotels, casinos, and renewable energy facilities, as well as residential project sites. Our professionals have conducted hundreds of Phase I ESAs in accordance with the appropriate and applicable ASTM standard. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. We are often asked to evaluate items beyond the ASTM scope for Phase I ESAs, including existing conditions related to hazardous building materials and mold as well as providing information regarding radon, oil and gas wells, and methane zones. Dudek environmental engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. Dudek scientists prepare site -specific risk assessments to evaluate potential risks for current and future land use. These studies may be used to obtain risk -based closure for open hazardous waste sites or to support change -of -use applications, such as from industrial to commercial or residential. While not a part of the requested services for this RFP, Dudek also prepares and performs groundwater modeling, remedial investigation/feasibility studies, remediation, soil management plans, hazardous materials contingency plans, as well as hazardous waste facility permits. This additional experience gives us the foundation to better understand and evaluate data and anticipate future project needs. Dudek understands the importance of quality assurance/quality control (QA/QC). Our QA/QC program consists of senior staff oversight and administrative management. All project deliverables will be independently checked and cross-checked to ensure that the data are accurately represented in each report. We will ensure that all project -related correspondence and project files are maintained and named in accordance with City requirements. Category II: Hazardous Materials Surveys Aurora provides comprehensive asbestos and lead management services that take projects from initial inspection through abatement and clearance testing. Aurora's team consists of Certified Industrial Hygienists, Department of Public Health -Certified Lead Inspectors, Asbestos Consultants, risk assessors, project monitors and designers, and Asbestos Hazard Emergency Response Act asbestos specialists who provide asbestos and lead risk management services as well as other hazardous materials building surveys. Various Environmental Services 6 Relevant Project Experience and References Category I Project Experience Client: City of Anaheim Project Location: Anaheim, California Project Dates: 2021 Client Reference: Jonathan Sanks, jsanks@anaheim.net, 714.765.4117 Key Personnel: Susan Smith Dudek performed an oil spill assessment at a commercial property in Anaheim. A pad -mounted transformer was vandalized, which resulted in the release of transformer oil to asphalt and earthen surfaces. The release was not considered to be an Environmental Protection Agency -regulated Polychlorinated biphenyl (PCB) spill cleanup given that the concentration of PCBs in the transformer oil was below Toxic Substances Control Act criteria. The investigation consisted of sampling asphalt and soil samples within the spill area to determine the extent of the spill and identify additional areas of impact. Concentrations of PCBs detected were well below regulatory screening levels; no additional investigation was recommended. Client: City of Monterey Project Location: Monterey, California Project Dates: 2016-2022 Client Reference: Antonio Hernandez, ahernandez@monterey.org, 831.646.3923 Key Personnel: Nicole Peacock, Susan Smith Dudek has two on -call contracts with the City of Monterey; one for planning (since 2016) and one for hazardous materials (since 2019). Our environmental and planning services contract has completed 25 work orders for the Planning and Engineering offices. Our hazardous materials contract has included hazardous materials consulting for a utilities project and waste management consulting for several projects. For the utilities project, Dudek assisted the City with preparation of a Soil and Groundwater Management Plan (Plan). The City submitted the Plan to potential construction bidders on the Franklin Street Utilities Project to ensure that the construction work and environmental work were aligned. Dudek reviewed the construction plans to identify potential environmental concerns based on the depth and location of the proposed trenching. Dudek collected soil samples from potholes along the proposed trench alignment, coordinated with disposal facilities, and provided the City with a map identifying the planned disposal facility by station. Dudek also collected groundwater samples to assist with waste management during dewatering. Various Environmental Services 7 DUDEK Client: City of Santa Monica Project Location: Santa Monica, California Project Dates: 2017-2019 Client Reference: Rachel Kwok, rachel.kwok@santamonica.gov, 310.458.8341 Key Personnel: Glenna McMahon, Susan Smith Dudek prepared a Phase I ESA for the 15.5-acre Santa Monica City Yard property as part of the due diligence process for the Environmental Impact Report (EIR). The project involved proposed reconstruction of the Santa Monica City Yards, which included demolition of existing buildings, excavation activities, and construction of new buildings. The Phase I ESA identified RECs associated with groundwater impacts from an adjacent gas station and potential presence of tetrachloroethylene in deep groundwater from a regional plume. The Phase I ESA also identified a controlled REC (i.e., the presence of a former landfill on the subject property) and a historical REC (i.e., former underground storage tank [UST] releases). The report was prepared in accordance with ASTM Standard and the All Appropriate Inquiries Rule. Dudek conducted a Phase II ESA for the project to evaluate the RECs identified in a Phase I ESA. The Phase 11 ESA investigation was focused on the former aircraft/missile manufacturing and leaking UST areas; additional sample points were advanced near the perimeter of the property to evaluate potential impacts from the regional groundwater plume. The Phase II ESA investigation consisted of a geophysical survey, and soil and soil vapor sample collection and analysis. Soil samples were analyzed for metals and soil vapor samples were analyzed for gasoline range organics and volatile organic compounds (VOCs). Client: City of Chula Vista Project Location: Chula Vista, California Project Dates: 2017-2020 Client Reference: Alan Reyes, areyes@chulavistaca.gov 619.407.3588 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek evaluated a Public Works project for Conditional Exemption for the CEQA process. Dudek conducted an ESA and subsequent Phase I I ESA (groundwater and soil investigation) to determine the extent of impacts to the project area from adjacent contaminated sites. Following the evaluation of the data collected during the Phase II ESA, Dudek prepared a Hazardous Materials Contingency Plan (HMCP) detailing known impacts and outlining plans for management of contaminated materials during construction process. Dudek also assisted the City with determining a process for obtaining a dewatering permit. Dudek recently conducted a new Phase I ESA and revised the HMCP for the expanded project area. Dudek is scheduled to conduct monitoring for the City during the construction process. Various Environmental Services 8 DUDEK Category I and II Joint Relevant Project Experience Client: San Diego State University Project Location: City of San Diego Project Dates: 2018-2020 Client Reference- Michael P. Masterson, Gatzke Dillon Balance, mmasterson@gdandb.com 760.431.9501 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek completed work for the San Diego State University (SDSU) Mission Valley Campus Master Plan, which included preparation of the CEQA hazards and hazardous materials evaluation and demolition of Qualcomm Stadium for future construction of a new stadium, student housing, campus/office buildings, a park, and trolley transit center. The hazards and hazardous materials impact analysis was multifaceted and included the following: ■ Evaluation of regulatory records for on -site and surrounding hazardous material releases ■ Review of the use of explosives for demolition of the existing stadium ■ Review and analysis of a release and cleanup action occurring on the project site due to the adjoining Kinder Morgan Mission Valley Terminal (MVT) ■ Analysis of potential impacts associated with MVT petroleum pipelines transecting the project site. Mitigation required safety measures and cooperation with Kinder Morgan ■ Review and analysis of the active Cleanup and Abatement Order issued to MVT which required monitoring wells to remain on the project site in active working order. Mitigation required a well decommissioning/protection plan ■ Analysis of potential vapor intrusion due to on -site contamination and mitigation for future residential site use ■ Coordination and management of a hazardous materials survey, which was conducted by Dudek's subcontractor Aurora. ■ The survey was conducted based on Dudek's findings in the EIR and recommended mitigation. Dudek served as project manager and provided a direct line of communication between Aurora and SDSU and its contractor, reviewed the hazardous material surveys and work products, coordinated on -site activities, and ensured the work completed would meet the requirements set forth in the EIR mitigation. Aurora also prepared specifications for abatement of the hazardous materials Various Environmental Services E DUDEK Category II Relevant Project Experience Client: Housing Authority City of Los Angeles Project Location: Public Housing Residential Properties Project Dates: 2002—Ongoing Client Reference: Eric Tellez, eric.tellez@hacla.org, 213.252.4290 Key Personnel: Grace Rinck, Matthew Froehlich, Robert Rinck Since 2002, Aurora has been under contract with the Housing Authority City of Los Angeles. In the time, they have written specifications and work plans; conducted industrial hygiene investigations from noise, metals, and silica monitoring to indoor air quality and asbestos and lead; and provided training to over 600 employees at the different residential campuses. They have conducted full residential interior and exterior inspections with subsequent air monitoring and clearance sampling. In 2017, Aurora personnel conducted an exterior inspection of 62 multi -residential buildings located at the Pueblo Del Rio campus. Aurora personnel then wrote the specification and produced the work plan for the one-year asbestos and lead window remediation project. The project (September 2016—November 2017) required asbestos and lead air monitoring, visual and surface clearances, and delivery of samples to the laboratory. Lead surface results were rushed and reported to the client on a daily basis so that residents could return to their units within one workday. In 2021-2022, Aurora conducted asbestos/lead testing at 1066 Units at the Nickerson Gardens campus. Client: Los Angeles County Department of Public Works/Internal Services Department Project Location: 900 South Fremont Avenue, Alhambra, California Project Dates: 2002—Ongoing Client Reference: Luana Enriquez, lnriquez@dpw.lacounty.gov1626.458.5943 Key Personnel: Grace Rinck, Gloria Chan, Matthew Froehlich, Robert Rinck Since 2002, Aurora has provided as -needed environmental testing and consulting services, documentation and training, and abatement oversight. The contract is through Los Angeles County Internal Services Department but can be and is utilized by other departments, including the Department of Public Works and the Department of Health Services. In December 2021, Aurora conducted an asbestos inspection, wrote the South Coast Air Quality Management District Procedure 5 asbestos removal plan, and provided inspection/monitoring and clearance services for a project at the County's headquarter building. All work was completed during holiday weekends in November and December. Various Environmental Services 10 DUDEK PROJECT -SPECIFIC EXPERIENCE Table 2: Project Specific Experience. Below are some municipal clients that Dudek has worked with and some of the services the Dudek Team has provided. City of Anaheim is CL . � : X X X 0 cEc City of Calexico X X City of Carmel X City of Carson X X X City of Chula Vista X X X X City of Compton X X X X City of Encinitas X X City of Fontana X X X City of Gonzales X City of Hermosa Beach X X City of Lake Forest X City of Monterey X X X City of Napa X City of Ontario X X City of Orange X X X City of Palm Springs City of Pomona X X X X City of Redondo Beach X City of San Diego X X X X City of San Marcos X City of Santa Barbara X X City of Santa Cruz X X City of Santa Monica X X X City of Seal Beach X X City of Vallejo X City of Vista X X X X X Various Environmental Services 11 Scope of Services and Schedule Category Phase I ESAs identify concerns on a property related to hazardous or potentially hazardous substances. Our Phase I ESAs are prepared in accordance with the ASTM Standard Practice for ESAs: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage, and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: • Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the sites or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review records maintained by local regulatory agencies, including the fire department, health department (Certified Unified Program Agency), building department, Regional Water Quality Control Board, and Department of Toxic Substances Control (DTSC) • Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directories • Review previous environmental investigations, soil sampling reports, or remediation plans as provided by the City • Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Conduct a search of environmental liens and activity use limitations for the project assessor's parcel number (if applicable) ■ Interview the owner(s) and/or site representative(s) regarding the environmental history and background of the site The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM Standard, the report will list RECs identified for the site, as well as historical RECs, controlled RECs, and significant data gaps. If the findings of the Phase I ESA indicate a potential impact of hazardous wastes or materials on the site, Dudek will include recommendations for further assessment and/or investigation (e.g., Phase II ESA). 1 ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various Environmental Services 12 DUDEK If requested by the City, the following non-ASTM items can be evaluated as part of the Phase I ESA: ■ Asbestos -Containing Materials. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if asbestos containing materials are present. ■ Lead -Based Paint. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if lead -based paint is present. ■ Mold. Dudek can conduct a cursory visual assessment of accessible areas to determine if mold is present. ■ Radon. Dudek will evaluate existing local/regional data from the Environmental Protection Agency (EPA). ■ Methane Zone. Dudek will determined if the site is within a methane zone based on publicly available data. While the scope of work for a Phase II ESA can vary from site to site, the main components are described as follows. All work plans, work, and reports will be prepared/performed in general accordance with ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process E1903-19 under the direct supervision of a professional engineer or professional geologist. Work Plans Site -specific work plans or field sampling plans will be prepared for each investigation. Each work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. The draft work plan will be submitted to the City for review. Work will not commence until the work plan is approved by the City. Health and Safety Plan Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the California Code of Regulation (CCR) Title 8 Section 5192 (Hazardous Waste Operations and Emergency Response), CCR Title 8 Section 3202 (Injury and Illness Prevention Plan, and OSHA regulation 29 Code of Federal Regulations 1910.120. Surface Geophysical Investigations Dudek will partner with ULS CA, Inc (ULS) for geophysical investigations and utility surveys. ULS will utilize various non-invasive tools and techniques (ground penetrating radar, electromagnetic, metal detectors, seismic refraction, and magnetometers) to identify potential subsurface utility conflicts, buried tanks, drums, sumps, and other anomalies that may help guide a Phase II investigation. The results of geophysical investigations will be presented in a standalone report or incorporated into a Phase II ESA report. Various Environmental Services 13 DUDEK Soil Gas Survey Soil gas surveys are a useful tool to identify and evaluate potential impacts at a site. A direct push drill rig is typically used to advance boreholes to the targeted subsurface depth. Dudek will partner with Millennium Environmental, Inc. for direct push and sub -slab drilling services. Following borehole advancement, temporary soil vapor probes will be constructed in accordance with the DTSC Advisory — Active Soil Gas Investigations. Probe inlets will be placed in sand, topped with dry granular bentonite, then sealed with hydrated bentonite chips. Each probe will be allowed to equilibrate for a minimum of two hours prior to sampling. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the DTSC Advisory. Dudek will partner with Jones Environmental Laboratories, Inc. (Jones), to provide mobile and stationary analytical services for soil gas samples. Dudek will ensure that the laboratory reporting limits will meet the project objectives. At the end of the sampling event, all soil boring locations will be resurfaced matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. The findings of the soil gas survey will be presented in a standalone report or incorporated into a Phase II report. Drilling Dudek will provide support for the permitting, drilling, installation, development, and sampling of deep borings and groundwater monitoring wells. Dudek will partner with BC2 Environmental for hollow -stem auger, mud rotary, air rotary, and sonic drilling services. The drilling methods previously described provide capabilities to drill through various media, including consolidated and unconsolidated sediments, rocks, asphalt, concrete cement, and waste materials. Each boring will be logged using ASTM Standard D2488-09a—Standard Practice for Description and Identification of Soils (Visual — Manual Procedure). Boring logs will also include descriptions of the lithologies and grain sizes, color, moisture content, cohesive characteristics, odors, and any other pertinent information (e.g., blow counts, photoionization detector readings, anthropogenic materials, etc.). The subsurface lithologies will be used to determine the well screen slot size and filter pack materials best suited for the site. Wells will be constructed in accordance with the Department of Water Resources (DWR) California Well Standards Bulletins. Groundwater monitoring wells will be developed at least 24 hours following the completion of construction. The drilling activities, including permits and DWR documentation, will be presented in a standalone report or incorporated into a Phase II ESA report. Sampling The media to be sampled at a site (air, soil, soil vapor, and/or groundwater) is dependent on the type of contamination present or suspected. The work plan/field sampling plan will outline the suspected concerns and include proposed sample locations, media, sample depth(s), and targeted analytes. All sampling will be performed in accordance with applicable regulatory protocols and/or standard industry practices. For example, soil samples to be analyzed for volatile components (e.g., gasoline -range hydrocarbons and VOCs) will be collected in accordance with EPA Method 5035. Dudek will ensure that the samples for all media (soil, soil vapor, or groundwater) are placed in proper containers and that the laboratory reporting Various Environmental Services 14 DUDEK limits will meet the project objectives. The findings of the sampling will be presented in a standalone report or incorporated into a Phase II report. Laboratory Analysis Dudek will partner with Jones and Eurofins Calscience to provide laboratory analytical services. Both labs are certified by the California Environmental Laboratory Accreditation Program. Eurofins Calscience is also certified by the National Environmental Laboratory Accreditation Program and American Industrial Hygiene Association Laboratory Accreditation Program. All laboratory analyses will be performed in accordance with applicable EPA Methods and Contract Laboratory Program protocols. Any deviations from the EPA Methods will be documented. All samples will be collected in laboratory -supplied containers with proper preservative, properly labeled (unique sample number, date, time, site name, sampler name, and requested analysis), logged on a chain -of -custody, placed in an ice -chilled cooler, and transferred to the laboratory by field personnel or via laboratory courier. Aurora will partner with LA Testing/EMSL and Eurofins EMLab P&K for asbestos, lead, and mold laboratory analytical services. Reports Reports will include a statement of the objective, site background information, description and rationale for the investigation, deviations, methods used, data evaluation and comparison to regulatory screening levels, data interpretation, figures, tables, laboratory analytical reports, and any additional supporting information. Reports will be prepared under the direct supervision of a professional engineer or professional geologist. Agency Coordination Dudek will coordinate with local and state officials, as necessary, to facilitate project objectives. Coordination with agencies may include obtaining permits for subsurface investigation work, coordinating field work schedules on public properties, and entering into a voluntary oversight agreement to ultimately obtain certified regulatory closure. Dudek will not contact any property owners, regulatory agencies, or other entities without expressed permission from the City. Category II Hazardous Building Materials Surveys Aurora will survey and test buildings, storage vessels (tanks, containers, drums, etc.), and stored materials for the presence of hazardous waste or materials. The survey and testing may include visual inspection for the presence of suspected lead -based paint (LBP) and asbestos -containing materials (ACM), identification of potential PCB -containing equipment and materials, identification of universal waste, contents of materials stored in vessels, and assessment of buildings where hazardous materials or wastes are stored. Surveys typically consist of the collection and submittal of samples from homogeneous areas for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence technology; paint chips of damaged areas may be collected for laboratory confirmation. Depending on the constituents of concern, additional sampling may be performed to categorize other waste materials at a site (universal waste, PCBs, etc.) Various Environmental Services 15 DUDEK California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, Aurora will submit the Form 8552 to the state, with a copy submitted to the City. The findings of the survey, whether it be visual or include laboratory analysis, will be presented in a standalone report or incorporated into a Phase I or II ESA report. Aurora has also supported Dudek projects with the preparation of abatement specifications for construction bids and monitoring during demolition/renovation Table 3. Project Timeline Phase I ESA Database Search, Site Reconnaissance, 2 weeks Agency Interviews, Historic Records Review Report Preparation and Submittal 2 weeks Phase 11 ESA Work Plan Preparation, Commission 2 weeks Review, Health and Safety Plan Preparation Field Activities and Data Evaluation 2-4 weeks Commission Review 1 week Report Submittal 1 week Hazardous Materials Building Survey and Sampling 1 week Surveys Report Preparation and Submittal 3 weeks Various Environmental Services 16 DUDEK Site Investigation and Remediation/Removal Action Groundwater Monitoring and Reporting, Former Battery Recycling Facility, Los Angeles, California. Performed quarterly groundwater monitoring and reporting under Department of Toxic Substances Control (DTSC) oversight at the former battery recycling facility. Additional tasks included oversight of well redevelopment and evaluation of pressure transducer data and groundwater elevation trends. Newport Beach Aerospace Facility Studies, Raytheon Systems Co., Newport Beach, California. Performed two pilot studies at a Newport Beach facility contaminated with chlorinated solvents. Implemented in situ chemical oxidation using potassium permanganate, and enhanced in situ bioremediation by injecting ethanol as an electron donor for existing bacteria. Solvent Release Source Evaluation and Investigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, San Diego, California. Conducted a subsurface investigation at a solvent release site in Sorrento Valley. Prepared work plans and sampling reports for submittal to the County of San Diego Department of Environmental Health under the County's Voluntary Assistance Program. Oversaw the installation and sampling of groundwater monitoring wells and soil vapor probes. Requested case closure based on human health risk assessment and groundwater monitoring data. Former Aerospace Facility Investigation, San Diego, California. Conducted soil, soil vapor, and indoor air sampling at a former aerospace facility that had been redeveloped for commerical use. Currently overseeing modifications to the indoor air flow as a first attempt to lower indoor air VOC concentrations. Pump and Treat Facility, Kearney — KPF, Stockton, California. Performed quarterly groundwater monitoring at a chlorinated solvent and 1,4-dioxane-contaminated site in Stockton. Installed groundwater monitoring wells. Prepared groundwater monitoring reports and a Feasibility Study for site remediation. Rush Truck Centers Site Investigation, TerraGraphics Environmental Engineering, Escondido, California. Conducted a site investigation at a former truck maintenance facility. Removed a clarifier and surrounding petroleum -impacted soil for off -site disposal. Closed an outdoor sump. Conducted a soil vapor survey and human health risk evaluation. Obtained case closure from the County. Pacific Honda Groundwater Monitoring, San Diego, California. Conducted groundwater monitoring and soil vapor sampling at the gasoline -impacted service site. Conducted free product removal. Prepared a Corrective Action Plan and received case closure from the County of San Diego. Former Petroleum Refinery Environmental Consulting, Confidential Client, Ventura County, California. Managed waste removal during petroleum refinery decommissioning under EPA oversight. Conducted soil sampling and removal of petroleum hydrocarbon -impacted soil and polychlorinated biphenyl (PCB) -impacted soil. Removed a former oil UST under County oversight. Soil Sampling and Ecological Risk Assessment for Wetlands Mitigation Site Planning Project, San Diego County Water Authority (SDCWA), California. Conducted soil sampling and an ecological risk evaluation for a former agricultural field for the SDCWA wetland mitigation banking project. Prepared reports for submittal to the RWQCB and attended meetings with the RWQCB to discuss the results of the investigation. Marley Monitoring Reports, SPX Cooling Technologies, Stockton, California. Prepared a groundwater monitoring report and a Five Year Review for a metals -impacted site in Stockton. DUDEK Carlsbad Municipal Golf Course Lead Sampling, City of Carlsbad, California. Conducted lead sampling at a former police shooting range using x-ray fluorescence (XRF) and laboratory confirmation. Oversaw remediation of the lead -contaminated soil. NAS North Island SWMU 87 SI, San Diego, California. Served as project manager for the environmental investigation of a suspected former wash area at NAS North Island believed to be contaminated with pesticides. Coordinated the site investigation, including historical research and soil and groundwater sampling; coordinated and prepared the analytical data set for risk assessment; reviewed the risk assessment results and the comparison of data to water quality objectives with DTSC, RWQCB, and the client; and completed the SI report. Inglewood Former Oil Field, Irell & Manella, LLP, Inglewood, California. Investigated total petroleum hydrocarbon contamination at a site in Inglewood by conducting soil sampling and research. Based on the site investigations, excavated and treated (off site) approximately 1,000 tons of contaminated soil in order to prepare the site for a transfer of ownership. The excavation was conducted under Air Quality Management District oversight. NAS North Island Solid Waste Management Unit (SWMU) 132 Site Investigation (SI), San Diego, California. Served as project manager for the environmental investigation of a NAS North Island site contaminated with metals including arsenic and lead. Coordinated the site investigation, conducted soil and groundwater sampling, coordinated and prepared the analytical data set for risk assessment, and completed the SI. Helped plan an interim remedial action involving removing a layer of metals debris and soil. Coordinated meetings with DTSC and the RWQCB and received regulatory concurrance with no further action following the interim remedial action. Groundwater Management Plan, Rainbow Municipal Water District, Rainbow and Fallbrook, California. Prepared a Groundwater Management Plan for Rainbow Municipal Water District. Litigation Support Groundwater Contamination Litigation Support, Torrance, California. Prepared a Declaration regarding trichloroethylene (TCE) contaminated groundwater originating from an adjacent site in Torrance, California. Evaluated groundwater flow directions, concentration trends, and historical uses at the site and the adjacent former industrial site. Litigation Support for Omega PRP Evaluation, Whittier, California. Presented historical site use information, soil, soil vapor, and groundwater data, as well as groundwater flow direction information to the EPA for an Omega Operable Unit 2 PRP. Site contamination included tetrachloroethylene (PCE). Whittaker Bermite Site, Santa Clarita, California. Participated in settlement mediations allocating remediation costs associated with perchlorate and volatile organic compound (VOC) contamination at the Whittaker Bermite site. Litigation Support for Water Discharge Investigation, San Diego, California. Provided litigation support, oversaw installation and monitoring of groundwater wells, and oversaw slug tests and pump tests for a site in San Diego with increasing groundwater elevations and seepage. Superfund Site Litigation Support, Rialto, California. Provided litigation support for a Goodrich Superfund Site PRP. Site contamination included perchlorate. DUDEK Solvent Plume Litigation Support, Placentia, California. Provided litigation support for a multiparty solvent plume in Placentia. Activities included evaluation of existing data, installation of monitoring wells, aquifer tests, and a search for additional PRPs. Baldwin Park Operable Unit Litigation Support, Azusa, California. Conducted soil vapor and groundwater sampling. Provided litigation support for a PRP in the Baldwin Park Operable Unit of the San Gabriel Valley Superfund Sites. Site contamination included VOCs. Plating Shop Removal Action and Litigation Support, Fullerton, California. Removed plating shop waste liquids and solids under EPA oversight. Conducted soil and concrete sampling following the waste removal. Prepared a Waste Removal Completion Report for submittal to EPA and local agencies. Participated in a settlement mediation among PRPs for VOC-contaminated groundwater remediation costs. Environmental Compliance Spill Prevention, Control, and Countermeasure (SPCC) Plan, Helix Water District, El Cajon, California. Prepared an SPCC Plan for the Helix Water District Operations Center. SPCC Plans, First Solar Electric Inc., Imperial County, California. Prepared Hazardous Material Business Plans (HMBPs) and SPCC Plans for 3 solar facilities. Risk Management Plan (RMP), Rancho Pauma Mutual Water Company, Pauma Valley, California. Prepared a RMP and a subsequent RMP Update for the Water Company's chlorination facilities. Oceanside Sprinter and Escondido Rail HMBP, North County Transit District, San Diego County, California. Prepared HMBPs and SPCC Plans for bus and train maintenance facilities. Audits for Groundwater Monitoring Sites, Stockton, California. Performed an internal audit of groundwater monitoring activities at two sites based on compliance with the RCRA permit, RWQCB Waste Discharge Requirements, and sampling guidance. Landfill Studies BKK Class I Landfill Evaluation and Cost Allocation, Waste Management Recycling and Disposal Services, West Covina, California. Evaluated leachate, landfill gas, and groundwater data, as well as disposal records for the BKK Landfill to assist in remedy selection and cost allocation. Participated in cost allocation discussions and prepared a cost allocation model for the PRPs at the BKK Landfill. Palm Springs Landfill Remediation Oversight Project, City of Palm Springs, California. Conducted inspections of the former Palm Springs City Landfill. Observed the landfill remediation to identify any deviations from the Remedial Action Plan approved by DTSC. Corona Property Inert Landfill Investigation, Private Developer, Corona, California. Conducted soil, fill material, and surface water sampling to characterize landfill material prior to excavation and relocation of the material for redevelopment. Coachella Landfill Closure, City of Coachella, California. Produced a closure and maintenance report for a former landfill in Coachella, California, which included a plan for landfill inspections, monitoring, and maintenance. DUDEK Landfill Post -Closure Maintenance, San Diego and Warner Springs, California. Served as project manager on landfill monitoring and post -closure maintenance sites on Naval Air Station (NAS) North Island and Survival, Evasion, Resistance and Escape Camp in Warner Springs, California. Performed groundwater sampling and water quality evaluation. Updated the post -closure maintenance plan and wrote an annual post -closure maintenance report for each site. NAS North Island Landfill Methane Monitoring, San Diego, California. Performed methane monitoring at a landfill monitoring site on NAS North Island. Coordinated installation of a methane detection system and calibrated it. Community Relations Fact Sheet, San Diego, California. Prepared a fact sheet regarding soil excavation on NAS North Island and transportation through the City of Coronado, California. Public Meetings, San Diego, California. Participated in several Restoration Advisory Board meetings in Coronado city. Presented status updates on several NAS North Island remediation and investigation activities to the community. Information Repository, San Diego, California. Provided oversight for maintenance of the NAS North Island information repository. E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT ONE SECTION EFOR EACH KEYPERSON.) (COMPLETE 12. NAME 13. ROLE IN THIS CONTRACT 14. Years' Experience a. Total b. With Current Firm 24 Grace M. Rinck, CIH Certified Industrial Hygienist 31 15. FIRM NAME AND LOCATION CITY AND STATE Aurora Industrial Hygiene, South Pasadena and San Diego, California 16. EDUCATION DEGREE AND SPECIALIZATION 17. CURRENT PROFESSIONAL REGISTRATION STATE AND DISCIPLINE B.S. Physical Chemistry, UCLA, 1986 Certified Industrial Hygienist (CIH), 1994 M.A. Science Education, California State University Northridge, 1988 California Certified Asbestos Consultant, 1993 ® Accredited College or University California Certified Lead Inspector/Risk Assessor/Monitor 1997 18.OTHER PROFESSIONAL QUALIFICATIONS PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC. Professional Affiliations American Industrial Hygiene Association (AIHA) Diplomat, American Academy of Industrial Hygiene (AAIH) Governmental Affairs Officer, South California Local AIHA Board Member, California Industrial Hygiene Council Ms. Rinck has been practicing industrial hygiene for 28 years. Her experience includes developing compliance programs, writing health and safety programs and specifications, and inspecting and evaluating construction and hazardous material projects. She specializes in training and education, having conducted employee health and safety training on the full spectrum of topics, including but not limited to respiratory protection, proper use of personal protective equipment, substance specific hazard communication, bacterial and fungal contamination, confined space, lead, and asbestos. As a former teacher, she has a reputation of providing in depth training classes that are specific to the client's needs and has been praised often regarding her outstanding abilities in the classroom. Public clients include the County of Los Angeles Departments of Public Works and Internal Services, Southern California Metropolitan Water District, the Housing Authority of the City of Los Angeles, The Cities of Pasadena, and Los Angeles, and Los Alamitos School District. She was on the advisory board for the Los Angeles Section of the American Indoor Air Quality Council (AmIAQ), a professional corporation devoted to the collection and dissemination of indoor air quality (IAQ) information to its members and promoting awareness and education on IAQ issues, for eight years and is currently serving as a board member on the California Industrial Hygiene Council. Her experience in risk communication has been very helpful in adversarial situations where a client needs someone to disseminate information to employees in both large and small group settings. 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (CITYAND STATE (2) YEAR COMPLETED VETERAN'S ADMINISTRATION, WEST Los ANGELES, CALIFORNIA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Aurora is most recently providing a wide range of industrial hygiene services for the VA greater Los Angeles Healthcare system a. (VA GLAHS). Responsibilities include safety training, risk assessments, indoor air quality assessments, environmental sampling, ergonomic evaluations, laser, and other electromagnetic radiation safety, confined space entry reviews, lockout/tagout, CEOSH 3E database management, safety data sheet maintenance, asbestos, lead, mold surveillance and survey work, air monitoring and any other as needed services. Cost of services is approximately 10K/month. Role: Certified Industrial Hygienist. Cost: Approximate) $ 10,000 per month. Dates: 01/2017 — 07/2019 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED b. Departments of Public Works, Internal Services, Department of Health Services and Department of Public Health, County of Los Angeles PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 3/2013) PAGE 1 Provides both scheduled and on -call emergency industrial hygiene services to the County of Los Angeles, since 2000 at County owned and managed facilities throughout the 400 square miles that comprise the County of Los Angeles. Has and continues to provide training in confined space, hearing conservation, respiratory protection, fall protection, construction safety, HAZWOPER and first responder, lead, asbestos, mold, and industrial hygiene. Reviews health and safety procedures and assists the county in developing safe work procedures at both routine — traffic painting, guardrail removal, sewer and water line maintenance to the unusual — well maintenance, downstream dam control painting, flood control bacteria safety protocols, and even drug investigations. Facility inspections have ranged in size from entire dams to sheds. Provides indoor air quality inspections in office buildings, measured a diverse number of environmental hazards, including bacteria, mold, asbestos, lead, heavy metals, pesticides, organic compounds, noise, and non -ionizing radiation. Over the last ten years, Ms. Rinck has reviewed contractor HASPs for construction projects at Big Tujunga, San Gabriel, and San Dimas dams as well as smaller projects like the Blanchard Slope reformation project and construction projects at county maintenance, water works, sewer, flood maintenance and office buildings. Every year, she conducts asbestos training, which includes respiratory fit testing, for the 300+ Internal Services Department tradespersons who maintain the county owned buildings, as well as Department of Public Works Flood, Road, and Maintenance personnel. Role: Project manage . Cost: Varies. Dates: 01/2013 — ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Housing Authority City of Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION (IF APPLICABLE) ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Ms. Rinck has been an industrial hygiene consultant under contract with HACLA since 2005. During that time she has assisted C. the agency by providing a full range of asbestos and lead services, as well as general industrial hygiene. Tasks have included asbestos and lead specification writing, managing asbestos and lead inspections — office buildings, and multi -unit residential, project management for asbestos and lead abatement and lead stabilization oversight and monitoring, personnel exposure assessments as well as writing operations and maintenance plans and providing Housing Authority personnel with training. In 2013, Ms. Rinck provided initial Asbestos Operations and Maintenance Training and respiratory fit testing for over 150 employees. Role: Project manager. Cost: Varies. Dates: 01/2012 - ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, AMEC Geomatrix, Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION(IFAPPLICABLE) 2010 x (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Provides industrial hygiene support services for large scale industrial site remediation and demolition projects. Projects have included personnel and environmental air monitoring for pesticides, solvents, particulates and heavy metals, and facility hazardous materials inspections In December of 2010, Aurora Industrial Hygiene conducted a hazardous materials inspection (asbestos, lead, PCBs, and other hazardous materials (OHM) for over 20 buildings and structures at the Port Authority of Guam located at Apra Harbor as part of the development of a container terminal port. Role: Project manager. 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Waterstone Environmental, Anaheim, CA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2012 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm e. Responsible for providing as -needed industrial hygiene services and consultation. Services have included both environmental and personnel monitoring during abatement of contaminated soil for projects for LAUSD school expansion and construction projects. Conducted work site, perimeter, hazard zone and personnel monitoring for pesticides, heavy metals, volatile organic compounds and particulates as well as recording environmental conditions for worker safety. Role: Project manager. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 3/2013) PAGE 1 DUDEK Proposal Title A-2 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, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part 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 may 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 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: 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 an 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 Dudek Signed and Printed Title President/CEO Date July 25, 2022 f� City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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: V President/CEO Firm: Dudek Date: July 25, 2022 City of Santa Ana RFP Page A3-4 f BUDGET PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Ca Ile Arroyo/ San Juan Capistrano, California 92675 DUDE K Sample Project Budgets In an addendum to the RFP, the City requested sample budgets as well as the following information for two specific property addresses: ■ Brief description of methods of inspection ■ Sample collection and lab analysis ■ Report sections ■ Any other necessary tasks Presented below by property address is Dudek's assumed scope of work, approach to the project, and estimated costs. Sample Project: 2245 S. Halladay Street 'PROJECT SCOPE The property located at 2245 S. Halladay Street consists of one approximately 0.1-acre parcel of land on Assessor's Parcel Number (APN) 016-105-19. According to information reviewed during the preparation of this scope, the earliest available historical source shows that the property was undeveloped land in 1946. By 1952, a house was constructed on the property, which privately owned. If the City plans to acquire the property, Dudek recommends that a Phase I ESA be conducted during the due diligence period of the transaction. In addition, based on the age of the structure, it is anticipated that a hazardous materials building survey will be necessary prior to demolition or redevelopment; this can be completed during the due diligence period or after the property transfer has been completed. Phase I ESA The Phase I ESA will be prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: ■ Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review relevant records maintained by local regulatory agencies, including the Regional Water Quality Control Board, Department of Toxic Substances Control, Orange County Health ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various Environmental Services Sample Project Budgets DUDEK Care Agency, Fire Department, California Geologic Energy Management Division, and the building department ■ Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directory listings ■ Conduct a search of environmental liens and activity use limitations for APN 016-105-19 ■ Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Interview the owner(s) and/or site representative/manager regarding the environmental history and background of the site ■ Non-ASTM scope items, including visual observations of conditions related to lead -based paint and asbestos -containing building materials, evaluation of local radon data, and review of methane hazard zones The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM standard, the report will list RECs identified for the site, as well as historical RECs and controlled RECs. Based on the project assumptions previously presented, the Phase I ESA will identify potential impacts of hazardous wastes and materials on the site and include recommendations for further assessment and/or investigation. The Phase I ESA will be prepared under the direct supervision of an environmental professional, as defined in the ASTM Standard. Hazardous Materials Building Survey Based on the age of the structure, lead -based paint and (LBP), asbestos -containing materials (ACM), and other hazardous building materials may be present. Aurora Industrial Hygiene (Aurora) will perform a survey to identify LBP, ACM, and any other hazardous building materials. The survey assumes that samples of homogeneous areas will be collected and submitted to a laboratory for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence (XRF) technology; paint chips of damaged areas may be collected for laboratory confirmation. Aurora assumes that the survey and sampling will take place over one day. Aurora assumes that there will be no more than 30 ACM samples and no more than 5 LBP samples collected for this project. This estimate is based on assessment of one approximately 1,500-square-foot building. The assessment will include indoor and outdoor components of the building. Aurora assumes that all areas are readily accessible, that a 12-foot ladder will be sufficient to access the structure, and that the roof is safely accessible. Aurora will make every effort to minimize damage to building materials; however, asbestos sampling by nature is destructive. Neither Aurora nor Dudek are responsible for repairs or damage to substrates sampled. Inspectors carry roofing mastic and interior caulking for limited repairs to sampled surfaces. California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, the industrial hygiene contractor will submit the Form 8552 to the state, with a copy submitted to the City, as required. Estimated costs for the aforementioned scopes of work is presented in Table 1. Various Environmental Services Sample Project Budgets 2 DUDEK Table 1. Scope of Work Estimated Costs 2245 S. Halladay Street Phase I ESA Dudek Labor $6,120 Other Direct Costs (records searches, environmental lien and activity use limitation search, mileage for site visit) $810 Subtotal Hazardous Labor $6, 930 $2,240 Vendor $525 Other Direct Costs (XRF meter) $350 Subtotal $3,115 PROJECT TOTAL $10,045 Sample Project: 2245 S. Main Street PROJEt, i- SCOPL The property located at 2245 S. Main Street consists of one approximately 0.27-acre parcel of land on APN 403-141-08. According to information reviewed during the preparation of this scope of work, a gas station formerly operated on the site and a release of gasoline was reported in 1988. Impacts to soil and groundwater were reported at the site; monitoring and remediation efforts were performed for several years. By 2019, the underground storage tanks had been removed from the property and the gas station was demolished. The site was granted regulatory closure under the State Water Resource Control Board's Low -Threat Closure Policy in March 2022 with the caveat that if the land use changes, a review of the corrective action is required. The City of Santa Ana currently owns the property. For the purpose of this project scope, Dudek assumes that a land use change to Residential is proposed, which would trigger a corrective action review by the regulatory agency. Although regulatory closure (for commercial use of the property) was granted in March 2022, residual impacts remain at the site, which may exceed regulatory screening levels for residential use. Dudek recommends that a limited Phase II ESA with a human health risk evaluation be performed for the site. Phase II ESA Initial Project Review Dudek will review the existing data for the site to determine an appropriate project approach. According to information reviewed on GeoTracker, concentrations of several volatile organic compounds in soil vapor exceeded regulatory thresholds for residential and commercial land use scenarios. Based on Various Environmental Services Sample Project Budgets 3 DUDEK this, it is likely that the regulatory agency would require additional investigation to evaluate appropriate mitigation methods for the proposed land use change. Work Plan Dudek will prepare a site -specific work plan for the investigation in general accordance with ASTM Standard E1903-19 under the supervision of a Professional Engineer or Professional Geologist licensed in California. The work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. Dudek will submit the draft work plan to the City for review. Following the City's approval, Dudek will submit the work plan to the appropriate regulatory agency. Work will not commence until the regulatory agency approves the work plan. Pre -field Activities Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the Occupational Safety and Health Administration regulation 29 CFR 1910.120. Dudek will contact an Underground Service Alert prior to the commencement of field work to mark underground utility locations (in the public right-of-way). Dudek field staff will clearly mark each proposed boring location in white paint prior to contacting the Underground Service Alert. Dudek will contact a private utility locator to clear the potential boring locations of subsurface utility conflicts within the site boundary. Dudek will obtain a permit from the Orange County Health Care Agency for a boring/probe survey. Subsurface Investigation The scope of the subsurface investigation includes the advancement of soil borings, which will be converted into temporary soil vapor probes. Dudek will collect soil vapor samples to evaluate remaining impacts from the former gas station. Up to eight borings will be advanced to a total depth of 10 feet below ground surface using direct push technology. The soil will be logged and screened using a photoionization detector. Temporary soil vapor probes will be installed at each boring location. Soil vapor samples will be collected at 5 feet and 10 feet below ground surface at each of the probe locations; if saturated soils are encountered, probe sample depths may be adjusted. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the Department of Toxic Substances Control (DTSC) guidance and analyzed by a State of California Certified analytical laboratory for volatile organic compounds by U.S. Environmental Protection Agency (EPA) Method 8260B using a mobile analytical laboratory. At the end of the sampling event, the soil boring locations will be resurfaced and matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. Dudek assumes that no waste will be generated during the sampling. Dudek also assumes that the field work will be completed in one day, refusal will not be met in the borings, and that the site and proposed sample locations are accessible. Various Environmental Services Sample Project Budgets 4 DUDEK Evaluation of Soil and Soil Vapor Data Dudek will evaluate the results of the soil vapor sampling data and conduct a screening level risk assessment using California Regional Water Quality Control Board Environmental Screening Levels, EPA Regional Screening Levels, and DTSC HERO Note 3 Screening Levels. If risks exceed those allowable for the target land use criteria, additional sampling may be necessary and/or a formal human health risk assessment (HHRA) may be recommended. The findings of the limited Phase II ESA will be presented in a letter report that will include a summary of the work performed, any variances from the work plan, tabulated data, figures depicting the sample locations and areas of concern, soil boring logs, and laboratory analytical results. If the findings of the limited Phase II ESA report indicate a potential impact of vapor migration or other potential impacts on the site, the report will also contain recommendations for further work. Recommendations may include remediation, vapor mitigation design, or other investigations to appropriately determine the nature and extent of any contamination. Project Cost Table 2 presents the cost for the aforementioned scope of work. Table 2. Phase II ESA Project Cost Dudek Labor $8,300 Subcontractor Costs $7,900 Other Direct Costs (permit fee, mileage for site visit, air $652 monitoring equipment) Total 1 $16,852 Various Environmental Services Sample Project Budgets 5 Rate Sheets DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $310.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$275.00/hr Principal Engineer I................................................................$265.00/hr Program Manager..................................................................$255.00/hr Senior Project Manager.........................................................$255.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$240.00/hr Senior Engineer II..................................................................$230.00/hr Senior Engineer I...................................................................$220.00/hr Project Engineer IV/Technician IV.........................................$210.00/hr Project Engineer III/Technician III..........................................$200.00/hr Project Engineer II/Technician II ............................................ $185.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer II...................................................................$190.00/hr Senior Designer I....................................................................$185.00/hr Designer.................................................................................$175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I..................................................................... $140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician....................................................................$115.00/hr Project Coordinator................................................................ $145.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $210.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $140.00/hr AnalystV........................................................................................... $130.00/hr AnalystIV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector.....................................................$139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager.............................................................$160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator..................................................................$110.00/hr Grade III Operator..................................................................$100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III..................................................................$150.00/hr Technical Editorll...................................................................$135.00/hr Technical Editor ....................................................................$120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. DUDEK EFFECTIVE JANUARY 1, 2022 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Leighton Consulting, 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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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: SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. "INNEWITT This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one M-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 4 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 51 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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 7 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Brynn McCulloch, PG Project Manager Leighton Consulting, Inc. 17781 Cowan, Irivne , CA 92614 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. 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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency L6 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: �� j�4 EXHIBIT A REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 +L� i de F I Ip 4 Proposz Proposal August 1, 2022 Celebrating 60+ Vanrc of cniutionc Vnu Can Build On www.leightongroup.com rll,00 Leighton SCOPE OF WORK Phase I Environmental Site Assessments (ESA) Leighton will complete Phase I ESAs in conformance with the American Society for Testing and Materials (ASTM) International standard E 1527-21, All Appropriate Inquiries (AAI) 40 CFR Part 312, November 1, 2005, and, if required, Caltrans Project Development Procedures Manual, Chapter 18. Phase I ESAs completed by Leighton will include at a minimum: Records Review, Site Reconnaissance, Interviews, Report Preparation. All Phase I ESAs will include conclusions specific to the particular project as well as recommendations for additional investigation (Phase II ESA) as applicable. Phase I ESAs will be completed under the direction of registered professionals, including Environmental Professionals as required by AAI. Leighton will adhere to pertinent new regulatory requirements as applicable during the course of the contract, including those of E2600-10 for Tier 1 Vapor Encroachment Screening and as directed by the City. Interviews of tenants and or property owners will be completed with the City's authorization. Upon receipt of your authorization, we will make initial contact with property owners to conduct interviews of present and/or past owners, lessees, and employees (if they are available and cooperative). Our goal is to move your project forward —not introduce impediments. We will do everything possible to work within the unique sensitivities of each specific project. Phase ll ESA Leighton understands that remedial investigations/ site characterizations may be required for properties identified as having potential contamination in the performance of a Phase I ESA, properties involved in acquisitions, construction improvements or development. The primary goals of an environmental site investigation are to assess the nature and extent of any impacts, quantify the approximate mass of contamination, evaluate potential risk to human health or the environment, and provide recommendations for further investigation or remedial action, if required. Based upon our experience in California, the typical contaminants in soil and/or groundwater include petroleum hydrocarbons, volatile organic compounds (VOCs), semi -volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs), Organochlorine Pesticides (OCPs) and heavy metals, but the potential for additional contaminants does exist. Leighton will employ a variety of technical approaches to expedite site assessment activities. The selection of the most appropriate assessment approach will be based upon City goals, site access and schedule. Each project is different and Leighton will make it a top priority to work with the City to find the most technically feasible, sustainable, and cost-effective approach to each project, with site closure and/or construction completion as the final goal. Tools and investigation techniques that Leighton typically employ include the following: • The use of geo-located current and historical aerial photographs combined with hand-held GPS units allow for more accurately targeted investigations in the field. • Soil vapor surveys, which provide excellent real time data that can pinpoint potential sources warranting further soil or groundwater sampling. • The use of direct -push borings for investigation of soils and groundwater which nearly eliminates the costs associated with the characterization and disposal of investigation -derived wastes. • Determination of site specific cleanup levels by establishing background levels prior to or during the investigation using screening methods such as XRF. This can help limit additional delineation requirements and reduce the overall investigative cost. • The use of Rapid Optical Cone Penetrometer (CPT) or Rapid Optical Screening Tool (ROST) technologies to screen soils for the presence of petroleum hydrocarbons. • Employing forensic chemical studies using chromatographic finger printing, chemical ratio comparisons, degradation by-product and isotope age dating, off -site source reviews and area -wide groundwater gradient interpretation to assess sources of historical chemical releases. • The use of mobile laboratories to expedite field decisions. • The use of closed circuit television (CCTV) to investigate and map (using subsurface sounding and surface survey) subsurface utilities as potential conduits or release points allowing for forensic engineering analysis of these structures and pinpointing of release locations. Leighton 9 Leighton recommends a kick-off meeting prior to initiating any Site Investigations to establish project priorities and identify restrictions. Prior to the meeting, we will review any available background information so we are prepared to discuss investigative methodologies applicable to the particular project. Based on the results of this meeting, we will develop a Work Plan for the field investigation. All investigations will be completed under the direction of a Professional Geologist (PG), Professional Engineer (PE), Certified Hydrogeologist (CHG), or Certified Engineering Geologist (CEG), in accordance with the requirements and applicable governing oversight agency such as LARWQCB, DTSC or local CUPAs. The Work Plan will be based upon our review of site conditions and meetings/discussions with the City. Each Work Plan will include a specific technical scope of work developed to best suit the needs of the project. A draft of the Work Plan will be submitted to the City's Project Manager for review. Once approved by the City, the final Work Plan will be submitted to the appropriate agencies for review and approval, if required. All Work Plans will be reviewed and signed by an appropriate licensed professional (PG or PE) before field implementation. Investigative methods described in the Work Plan may include one or more of the following: Waste Profiling: Containers of unknown contents are often discovered on industrial facilities associated with properties. Leighton's team is well trained and equipped to perform inspection, profile sampling, and characterization of chemical storage containers, such as tanks, drums, and other vessels. We realize that these assessments are often required on an expedited basis and our staff is prepared to respond immediately to your needs. When appropriate, Leighton will work with approved subcontractors to complete geophysical surveys. Subsurface geophysical techniques can also be applied to screen locations prior to other invasive work, such as drilling and trenching. Direct Push Soil Sampling/Soil Gas Surveys: Leighton has completed hundreds of soil, groundwater, and soil gas investigations using direct push field equipment to evaluate the presence, concentrations, and extent of petroleum hydrocarbons, heavy metals, VOCs, methane and other contaminants that may be encountered on properties. This technology has been increasingly important in recent years due to concerns of potential vapor intrusion into above -ground structures and is often a critical component of evaluating potential health risks. Our personnel are well versed in the implementation of this technology as well as the evaluation of the data generated and will oversee direct push drilling subcontractors in the completion of soil gas investigations, when required. Soil gas investigations will be completed in accordance with RWQCB/DTSC guidelines and requirements. When necessary, Leighton will work closely with Dr. Heriberto Robles of Enviro-Tox Services to assess the potential for vapor intrusion into buildings/ structures and the associated health risks of identified contaminants. Trenching is a cost-effective alternative often used for shallow soil characterization and to assess presence of or levels of contamination. Trenching activities will be supervised by Leighton personnel, under our current Cal/OSHA trenching permit. If potentially contaminated soils are encountered during excavation, Leighton will first notify the City, and then once approved accordingly notify the South Coast Air Quality Management District (AQMD) under our various locations Rule 1166 permit for soil excavation, or other applicable agencies, depending on the project location. Drilling: We understand that drilling soil borings or installing groundwater monitoring wells may be required under this contract. Having significant experience in California spanning more than 57 years, we understand the regional subsurface geologic and hydrogeologic conditions and can select the most appropriate drilling methods for each project based upon this knowledge. On most properties, we would utilize a direct push rig to collect soil and initial grab groundwater samples. This field methodology is less intrusive and considerably more cost-effective than drilling with hollow -stem auger drill rigs, and generates relatively little investigation derived waste (IDW) for disposal. Where permanent groundwater monitoring wells are required, Leighton will primarily use hollow - stem auger drilling equipment to advance soil borings for well installation. We have overseen the installation of thousands of groundwater monitoring wells from single completions in shallow water bearing units to multi -nested completions in confined and multilayered aquifers. We have designed and installed monitoring wells intended for the recovery of various contaminants including petroleum hydrocarbons, VOCs, various light non - aqueous phase liquids (LNAPLs — floating product), dense non -aqueous phase liquids (DNAPLs), and other dissolved compounds. Prior to any monitoring well installation, Leighton will obtain necessary permits from the appropriate regulatory agencies and register wells with the Department of Water Resources (DWR) as required. Drilling will be performed under the oversight of a PE or PG registered in the State of California. llLei ghton 10 Sampling: Soil and or groundwater sampling will be conducted in accordance with federal, state, and local guidelines with the objective of obtaining representative samples of the subsurface materials. No two projects are alike, each requiring a thorough review of background information to establish an appropriate sampling plan. Some projects will allow for standard 3-volume well purging, while others call for low -flow purging. Leighton will include a site -specific sampling plan as part of the work plan. This sampling plan will identify the media to be sampled (e.g., soil, water, soil gas, etc.), the sampling procedures (e.g., drilling, trenching, push probe, monitoring well, etc.), the sample container (e.g., glass jars, brass sleeves, EncoresTM, VOA vials, etc.), preservatives, sample handling, QA/QC objectives and chain -of -custody procedures. Decontamination/Disposal and Manifesting: Field equipment including drilling equipment, sampling materials and anything that may be introduced into the soil or groundwater will be decontaminated before use and between sampling points by washing in a mixture of liquinox (or similar) and water, rinsing in potable water, final rinsing with deionized water and be allowed to air dry. Investigation derived waste (IDW) and soil/groundwater generated during field investigations will be contained in 55-gallon DOT approved drums, appropriately labeled and transported under manifest to a permitted waste handling facility. Waste manifests will be signed by the City prior to transportation of the waste. Leighton will not store any hazardous substances for more than ninety (90) days, will not permit any accumulations in excess of the small quantity generator exclusion of 40 CFR Part 261, and will report to the appropriate regulatory agency any discharges or releases identified, but only upon approval from the City. Quality Assurance/Quality Control Quality Assurance/Quality Control is a vital part of any site investigation. Field activities will be conducted in accordance with the Leighton corporate QA/QC Plan. In addition, we will perform our services in accordance with project specific QA/QC requirements as addressed during the initial kick-off meeting for the project. Laboratory QA/QC will be performed for each method of analysis as required for the test method. The QA/QC data will be reported in summary form and include a description of the constituent, the specific test method, the date, the detection limit of the specific test method, the percent accuracy, the percent precision, and the signature of the laboratory manager or director. These forms will be included in the laboratory reports included as appendices to the final site investigation reports. Technical reports will be signed and stamped by a PG or PE. As an additional QA/QC measure, it is Leighton's' policy that all technical reports be reviewed by an independent (in-house) senior registered professional (PG or PE) not actively engaged in the project prior to final submittal. Site Investigation Reports Leighton will analyze field and laboratory data, and prepare a detailed site investigation report describing the various tasks of the investigation, including field and laboratory data, findings, conclusions, and recommendations. As projects vary in size and complexity, report format and appropriate illustrations will be discussed with the City before and during report preparation to ensure the reports will present the information accurately and effectively, based upon City needs. All appropriately illustrated reports (site maps, cross -sections, iso-concentration maps, groundwater gradient maps, etc.) will be organized in accordance with the requirements of the RFP and other project specific requirements. The reports will be signed by those who prepared it, and signed and stamped by the California -registered professional (PG or PE) overseeing the project. All technical reports will be issued draft reports to review and provide comments, prior to finalization. Leighton 11 EXHIBIT B %/o Lei hton FEE SCHEDULE TERMS AND CONDITIONS • Expiration: This fee schedule is effective through December 31, 2022, after which a 3% escalation will be applied annually. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable within 30 days of receipt in United States dollars. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) • determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double- time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours perday. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eighthours. Project time accrued includes portal to portal travel time. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project - specific permits and/or licenses, project -specific hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical- laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting. Fee/2022- X www.leightongroup.com Page 4 of 4 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between A -Tech Consulting, 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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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 as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this 2 project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. K Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 10 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. E 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents 6 to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 7 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) :• s:: Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Roohi Toosi, Director of Engineering A -Tech Consulting, Inc. 1640 N. Batavia Street, Suite 112 Orange, CA 92867 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Jose Montoya Roohi Toosi Assistant City Attorney Director of Engineering RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency E EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 1�4paw A -Tech Consulting, Inc. Integrity I Accountability I Leadership Innovation Responsiveness it I Sti T 9 F- ��� - k- k 9P—, rw q-q r, %~ i- F bb.— Proposal for Various Environmental Services Table 1. A-Tech's Key Personnel at a Glance Personnel Role Licenses Percentage Years of Expertise Select Clients of Time Experience Education Page 15 August 1, 2022 Project Monitoring/Management Garden Grove Unified School District Casandra Williams, CAC, DPH, CAC #05-3892 Client Relationship Roman Catholic Bishop of Orange Business Administration & Management 2017, Goldman Sachs CIEC, CEICC Contract Administer ACAC #1404017 10 % 28+ OSHA Safety Training Irvine Unified School District 10K Small Business Al DPH #3671 Infection Control Risk Assessments Claremont Mckenna College Environmental Due Diligence LA Community College District Project Manager Phase I & II ESAs City of Alhambra MSc 2016, Civil and Environmental Engineering, UC Irvine Roohi Toosi, PE Technical Lead PE CA #91825 25 % 7+ Emerging Contaminants, PFAS Caltrans District 7 BSc 2009, Petroleum Engineering, Tehran University, Iran QAIQC Director Project Management Southern California Edison Industrial Hygiene Monitoring Searles Valley Minerals Roosevelt Ward, CIH, CSP, CIH 11208 CP Environmental Remediation Los Angeles Unified School District MSc 2009, Environmental Health , University of Nevada Health &Safety Director 25 % 17+ QISP CSP - 32397 Indoor Air Quality Assessments Nevada Power BS 2003, Occupational Safety &Health, Indiana University Certified Safety Expert Edward Clark Generating Station Environmental Due Diligence Department of Toxic Substances Control Industrial Hygiene US Army Corps of Engineers MSc 2010, Environmental Science, Cal -State Fullerton Jay Sandoval, CIH ESAs Lead CIH 12379 CP 50 % 16+ Phase I & II ESAs Southern California Edison BA 2022, Environmental Science, UC Irvine Remedial Design and Construction Southern California Gas Company HazMat Site Assessments LA Community College District CAC 914.5269 Public Client Management City of Burbank BSc 2008, Sociology, Minor in Business Administration, Joe Williams, CAC, DPH Hazardous Material Lead 50 % 15+ DPH 919524 Team Coordination and Supervision Inland Empire Utility Agency Michigan State University, Lansing, MI Pre -Demolition Surveys City of Santa Ana Environmental Toxicology Southern California International Airport PhD 1985, Animal Science and Toxicology, New Mexico State Health Risk Assessment City of Alameda, Santa Fe Springs, University, Las Cruces, NM Heriberto Robles, PhD, DABT Risk Assessment Expert DABT 25 % 39+ Air Quality Assessment Torrance MSc 1983, Animal Science And Toxicology, New Mexico State Industrial Health and Safety Empire mine (Grass Valley, CA) University, Las Cruces, NM Phase I & II ESAs California University of Riverside CIH #12604 Solid & HAZ Waste Management Netnix, Inc. Patrick Naffah, CIH, DPH Senior Scientist CDPH #LRC- 50 % 6+ BS 2017, Environmental Science, University of Washington 00008983 HazMat Site Assessments Port of Seattle At Chemical/Oil Spill Prevention Starbucks Corporation HazMat Site Assessments Prime Healthcare Management CDPH #LRC- Phase I & II ESAs Burbank Public Works Department Victoria Lopez, EIT, CAC, DPH Staff Engineer 000009214 50 % 4+ BS 2018, Environmental Engineering, San Diego University Indoor Air Quality Assessments Dignity Health CAC #22.7057 Pre -Demolition Surveys Superior Court of San Diego 0 A -Tech Consulting, Inc. 21� Proposal for Various Environmental Services Figure 1. A-Tech's Organizational Chart Page 16 August 1, 2022 0 A -Tech Consulting, Inc. d d UNDERSTANDING of NEED Proposal for Various Environmental Services Page 17 August 1, 2022 A -Tech understands that the City of Santa Ana is planning to award contract(s) to qualified firms for providing various environmental assessment services in support of its Capital Improvement Program and other projects. It is our understanding that the required services are divided into two separate categories: ■ Category I. Environmental Site Assessments (ESAs) ■ Category H. Hazardous Material Surveys Our approach for this as -needed contract is to designate a single point of contact to the City, who will be managing the daily tasks of awarded projects and ensuring delivery of high -quality products in a timely manner. A-Tech's project manager is available 24/7for responding to City's requests and will coordinate the project requirements with A -Tech Team and staff as soon as the task orders are available. A -Tech has utilized its 20 years of experience in conducting ESAs and Hazardous Material Surveys along with the RFP, Questions and Answers, and Amendments provided by the City to develop a general approach for successful completion of future projects. The scope of work and schedule for the example requested projects are provided in Section 2.0 of this proposal. The Phase I ESAs will be conducted in accordance with the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process " published by the American Society for Testing and Materials (ASTM 1527-21). A-Tech's general approach for completion of a successful Phase I ESA includes: ■ A review of relevant background information such as the site location relative to major man-made and natural landmarks, and surrounding land use. A general review of the geologic, hydrogeologic, hydrologic and topographic conditions as they relate to potential pathways or migration conduits to and from the property. Topography will be noted to the extent visually or physically observed or determined from interviews, as well as the general topography of the area surrounding the Property. The physical setting evaluation will be made utilizing physical observations and the available United States Geological Survey (USGS) 7.5 Minute Topographic Map. ■ A review of oil and gas fields in the vicinity of the site. ■ A compilation of site history and previous land use based on a review of historic aerial photographs dating back to the 1940s, available historic topographic maps, available historic fire insurance maps, and available city directories. ■ A review of chain -of -title records to identify possible recorded environmental cleanup liens. ■ An assessment of the potential for the site to have been impacted by contaminants and/or vapor migration originating from off -site sources based on a review of federal, state, tribal, and local government agency records. ■ A review of local municipal records including building permits, and zoning and land use records. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 18 August 1, 2022 ■ An inspection of the site to identify Recognized Environmental Conditions (RECs) that may include indications of the improper handling, storage, or use of potentially hazardous materials. This task also includes interviews with accessible property owners, tenants, and/or local agency personnel about hazardous materials handling and disposal procedures. ■ An evaluation of the possible presence of hazardous materials in structures at the site and/or in the subsurface environment beneath the site, with recommendations, if appropriate, for additional investigations or remediation. A cost estimate of additional activities will be prepared and submitted with the Phase I ESA report. Request Environmental Data Resources, LLC (EDR) to conduct a search of government records and document potential sources of contamination at or in the vicinity of the property. EDR's search includes federal, state, local, tribal, and EDR proprietary records for the property and for facilities within the distances per current ASTM practices. EDR will also search for any environmental liens associated with the Property. The list of research will include, but not be limited to, Environmental Protection Agency (EPA) National Priorities List (NPL) and Emergency Response Notification System List (ERNS); the RCRA generators, and treatment, storage and disposal (TSD) facilities list; Comprehensive Environmental Response Compensations, and Liability Information System (CERCLIS); and the State list of Leaking Underground Storage Tank (LUST) sites. Additionally, local governments will be contacted for a file search and review. An evaluation of potential PFAS sources on site based on available PFAS databases and historical operations at the site. Our experience with environmental projects for various government organizations informs us that Phase I ESAs may be needed because of acquisition of land or facilities, selling, or leasing facilities, terminating leases, or any other property transactions. The Phase I ESAs may conclude that there are no RECs, in which case the project will be completed, or may trigger additional investigations leading to Phase II ESAs. It is also possible that Phase I ESAs have been conducted by other entities and the City needs to initiate Phase II ESAs with the objective of collecting soil, soil vapor, and groundwater data to further assess the environmental conditions. The systematic approach for conducting Phase II ESAs is briefly described below: Meeting with the City Staff The initial review and identification of RECs will be completed during the Phase I ESAs. If a Phase I ESA recommends additional investigation to be conducted at a site, A -Tech will discuss the environmental requirements with the City staff and follow their instructions closely. The findings of the initial review will be discussed with the City to clarify the environmental concerns and to fill in any data gaps. Discussion will also include designation of a regulatory oversight agency, if that is the approach that is advocated for by the City. Potential regulatory oversight agencies include Cities and Counties' Health or Environmental Departments, the Fire Department, the South Coast Air Quality Management District (SCAQMD), Regional Water Quality Control Boards (RWQCB), Department of Toxic Substances Control (DTSC), EPA Region 9, or other local agencies. It is A-Tech's practice not to contact 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 19 August 1, 2022 the regulatory agencies unless directed by the client. The initial review and discussions with City may lead to Phase II ESAs. Preparation of Work Plan If the Phase II ESA is warranted, A -Tech will prepare a work plan by focusing on the City's specific requirements and in accordance with ASTME1903-19. The purpose of the work plan is to have a clear and concise scope of work and the corresponding protocols and methodologies for implementation in accordance with acceptable regulatory guidelines. After review of the work plan by the City, it is submitted to the oversight agency for approval before it can be implemented. Permitting Most of the environmental investigation and remediation activities require permitting from various agencies. Certain soil investigations that do not reach groundwater may not require permitting. Most permits are obtained over the counter but permits related to remediation take time depending on the scope. In Orange County a subsurface investigation requires Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency if 1) the boring is deeper than 50 feet (ft); 2) the boring encounters groundwater, and 3) the boring will be open for more than 24 hours. If requested by the City, A -Tech would prepare the application and proceed with securing the permits. Some regulatory agencies may require a work plan along with the application for permitting. Subcontractor Selection A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, etc.) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and RWQCBs. The findings determine which of the following course of action is required: ■ No further action needed; in which case the report will request site closure. ■ Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs). ■ Investigation is completed but remediation is required. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 20 August 1, 2022 A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. Site Characterizations/Remedial Investigations If the Phase II ESA confirms the presence of contamination in soil or groundwater, Remedial Investigation is required to determine the best available approach for site cleanup. Complete Phase I and II ESAs and additional investigations resulting from them will effectively characterize the physical, biological, and chemical systems existing at a contaminated site, and develop thorough understanding of the site conditions. Based on the findings of the Phase I and II ESAs and in accordance with ASTM E1689-95 (updated in 2014), A -Tech will develop a Site Conceptual Model (SCM). The SCM is a narrative and/or graphical representation of the current understanding of hydrogeologic conditions and contaminant distribution in the soil -water system beneath the Site. The SCM provides a description of migration pathways of the Chemical of Concerns (COC) and the processes and mechanisms that affect the distribution of COCs in soil vapor, soil, and groundwater. The SCM represents: A geologic cross- section of the Site that effectively identifies the soil profile and types of the soil layers (i.e., clay, silt, sand); Depth to groundwater and the hydraulic gradient within the aquifer; Established background concentrations; COCs concentrations and the extent of their plumes; Contaminant transport pathways and human exposure; and Remediation target zone. After the site is effectively characterized and the SCM is developed, A -Tech will conduct a risk assessment to evaluate the adverse effects of the Site's current conditions on human health and environment. If human health or the ecosystem is threatened by the contamination, Risk -Based Corrective Action must be selected and implemented in accordance with ASTME2081-00 (revised in 2015). A -Tech will conduct a Focused Feasibility Study to evaluate various applicable remedial technologies including no action and propose selection of the most appropriate remedial approach. The flowchart provided in Figure 2 demonstrates the processes and sequence of activities that are involved in successful completion of an environmental remediation project that is initiated by the City's request. A -Tech proposes to evaluate the potential for chemicals associated with the site to cause adverse effects on human health or environmental receptors in the absence of any remedial action. A-Tech's risk assessment approach is designed to fully utilize existing data and information generated during previous investigations at the site in order to minimize the costs and time required to produce a quality document. A-Tech's risk assessments are consistent with the requirements of both the California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency (USEPA). The risk assessment will include the selection of chemicals of potential concern (COPCs), use of critical toxicity factors (i.e., reference doses [RfDs] for non -carcinogens and slope factors for carcinogens) in estimating potential health risks and hazards. RfDs and cancer slope factors developed by the DTSC and USEPA will be used for estimating potential health risks. A report detailing the results of this risk assessment will be prepared in a straightforward format for the review and approval by the regulatory agency. The report will include the justification for the selection of exposure pathways and assumptions necessary to support the estimation of potential health risks and hazards. OW A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Figure 2. ESA Sequence from Project Initiation to Completion City of Santa Ana A -Tech Consulting Health & Safety Certified Industrial Project Manager - - - - - - - Regulatory Hygienist Agencies Page 21 August 1, 2022 Phase I ESA Soil Sampling Soil Vapor phase II ESA Survey Further Yes Groundwater Investigation Sampling NO Data Evaluation ESA Complete Rea ediatiou & Reporting I"eS _.., Feasibility I I I I Fate & Transport e*„a_ RiskAssessment Analvsec/Madelinu oauuy 1 1 1 I -- -✓ --- - ------a Remedial Action Plan l L Remedial Design i Remediation OW A -Tech Consulting, Inc. 0 Asbestos Project Management Proposal for Various Environmental Services Page 22 August 1, 2022 A-Tech's Hazardous Material Surveys Lead will assist the City's project manager in the management of any asbestos projects of any size, developing asbestos testing and sampling plans, providing consultation regarding asbestos regulations and requirements, and scheduling and executing asbestos -related projects. Asbestos Surveys Once all pre -field activities are completed, A-Tech's field personnel will drive to the job site to begin conducting the field activities. A -Tech utilizes trained Certified Site Surveillance Technicians (CSSTs) or Certified Asbestos Consultants (CACs) for all asbestos inspections, operation and maintenance preparation, project monitoring and clearance monitoring services. Each of A-Tech's field technicians is outfitted with all necessary equipment and supplies to conduct all types of assessments and clearances, including but not limited to microscopes, high and low -flow pumps, moisture meters, sampling media and tools. Additionally, each technician has a company -issued tablet computer to input all field data into our EnviroShare. Based on the project specifications and regulatory requirements and as requested by the City, we will conduct various types of asbestos surveys including, but not limited to, asbestos screening, limited asbestos surveys, path of construction/pre-renovation asbestos surveys, and pre -demolition surveys. Friable asbestos containing material (ACM), as defined by the U.S. Environmental Protection Agency (EPA) and South Coast Air Quality Management District (SCAQMD), Rule 1403, is a material that, when dry, can be easily pulverized, crushed, or reduced to powder by hand pressure. Non -friable ACM that can potentially be broken, crumbled, pulverized, or reduced to powder during demolition or renovation activities are classified as Class I or Class II, non -friable ACM. To identify suspect friable and non -friable ACM, as required under California law, a California Occupational Safety Health Administration (CAL -OSHA) CSST and/or CAC is required to conduct visual and/or bulk assessments of a structure. During an assessment, our experts will identify homogenous areas of suspected ACMs for purpose of sampling in accordance with current CAL -OSHA, EPA, and Asbestos Hazard Emergency Response Action (AITERA) requirements. The homogeneous areas will be defined with respect to similarities in appearance, age, use, type, color, and/or texture. The condition and estimated quantity of the suspected materials will also be assessed. Once the visual inspection identifies homogeneous areas, bulk samples will be collected from building materials and submitted under standard chain of custody to a laboratory that is fully accredited by National Institute of Standards and Technology (NIST) through participation in the National Voluntary Laboratory Accreditation Program (NVLAP), or a laboratory that participates in the AIHA Laboratory Accreditation Programs, LLC (AIHA), a third -party that is an internationally recognized accreditation body for testing proficiency. We have excellent working relationships with our laboratories and will recommend using them as our subcontractor for City's asbestos testing projects. ow A -Tech Consulting, Inc. d Asbestos Assessment Reports Proposal for Various Environmental Services Page 23 August 1, 2022 Upon receipt of analytical results from the laboratory, A -Tech will prepare an asbestos assessment report that summarizes pre -field activities, field visual inspections, field sampling activities, sampling results, and recommendations. Our asbestos assessment reports will include (but not be limited to) the name of the surveyor, CACs and project manager; methods and procedures that were utilized in sampling and analysis; the date of survey; drawings and photographs of sampling locations; the laboratory qualifications statement; the existing conditions of the facility; a description of any identified ACM; and recommendations regarding asbestos handling and disposal, if needed. If ACM was identified at the project site, an asbestos abatement work plan will also be prepared and submitted along with the asbestos assessment report that will clearly identify procedures and steps to be followed by the abatement contractors. After internal review and quality control, the draft reports will be reviewed by a professional editor and the editor's comments will be reviewed and incorporated, as appropriate. Asbestos Field Monitoring When a project requires abatement, per regulations the City is required to directly hire an abatement contractor to perform the abatement activities. Once the abatement work plan is finalized, A-Tech's Lead and CACs will assist the City's project manager with bid package development and review of the submitted bids. A -Tech is experienced in coordinating, monitoring, and clearing abatement projects to make sure our clients can gain access to work areas in a timely manner. A -Tech will coordinate with the City on each project to ensure all project documentation meets all regulatory requirements. We will make sure that all required oversight agencies' notifications and documents are submitted by the abatement contractor on time to avoid project delays. During abatement activities, our experienced field technicians will provide oversight of abatement contractors' activities and conduct personal and ambient air monitoring for the work area, as necessary. We will work with the City to maintain the project schedule and can coordinate either with the necessary personnel to schedule clearance tests that will streamline the finalization of the project without lag time. Our approach allows our client as much or as little involvement as they are comfortable with. Asbestos Clearance (Close -Out) Report When the asbestos abatement has been completed, a final visual clearance inspection is conducted followed by air sampling that is analyzed on -site by Phase Contrast Microscopy (PC* utilizing a laboratory grade microscope, or off -site by Transmission Electron Microscopy (TEM) analysis, as necessary. For asbestos projects, we collect background, ambient and general air samples for on -site PCM analysis. If there is an elevated fiber concentration, we want to know right away to immediately modify engineering controls. When the entire abatement and remediation process is complete, a final close-out document will be prepared upon receipt of analytical results. The report will be delivered via email and/or standard mail based upon the City's preference. The final close-out document contains, at a minimum, an executive summary indicating methods of work; areas and materials abated; regulatory compliance; sample analysis findings and conclusions. The close-out report would also include (but not be limited to) project diaries, project checklists, permits, air monitoring logs, contractors' certifications, submittals and/or notifications, digital photographs, final visual inspection forms and clearance letters. 0 A -Tech Consulting, Inc. 0 LBP Testing and Assessment Proposal for Various Environmental Services Page 24 August 1, 2022 A -Tech utilizes trained Certified California Department of Public Health (DPH) Inspector/Assessors and DPH Project Monitors for all lead inspections, hazard assessments, project monitoring and clearance monitoring services. For Lead Based Paint (LBP) inspections of pre -designated areas, our DPH Certified Inspectors/Assessors, will utilize an X-Ray Florescence (XRF) analyzer and screen all painted surfaces, ceramic, and porcelain components by utilizing Cal-OSHA's and the U. S. Department of Housing and Urban Development's (HUD) sampling protocols. If analysis of suspect components using the XRF is not conclusive of presence of LBP, chip samples will be collected and analyzed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS), in accordance with current regulatory requirements. We will summarize the results and procedures in an LBP Assessment Report that will include (but not limited to) name of the inspector, date of inspection, all the XRF readings and their location logs, paint chip sample collection procedures and locations, results of laboratory analyses and its accreditation statement, and recommendations for next steps. If LBP was identified in any of the materials, an abatement work plan will be prepared and submitted along with the assessment report for execution by the abatement contractor. LBP Abatement and Monitoring For lead abatement or paint stabilization activities, we inspect the integrity of the containment, review all applicable notification and/or submittal documentation, review all abatement worker certifications and ensure a copy of the survey and work plan are on site during the work period. The project is monitored continually to ensure no migration of LBP occurs and that proper engineering controls are implemented as well as proper protective equipment are being utilized by the lead abatement contractor throughout the project. Upon completion of the removal/stabilization project, our technicians conduct a final visual clearance inspection and clearance sampling. Upon approval of the visual inspection, clearance wipe or soil sampling is performed and sent to a certified laboratory that will analyze the samples using AAS. If requested, A -Tech will also obtain and submit samples which will be analyzed for Waste Stream Characterization (TCLP, TTLC and STLC) to determine disposal requirements for generated lead waste on a project. As it was described above, A-Tech's personnel will assist the City in overseeing abatement contractors' activities. We will provide air monitoring and consultation on as -needed basis to ensure compliance with all the applicable rules and regulations, such as SCAQMD Rules 1403, 1150, 1166, and 1466. We understand that the City may be required to provide air monitoring during abatement and remediation activities, including but not limited to monitoring for dust, asbestos fiber content, VOCs emission, and any COPCs that might be emitted to the air by site disturbance. We have all the necessary equipment and tools in-house to conduct all the air monitoring requirements of this contract, and our personnel have experience utilizing PMlo, using either direct -read or datalogging particle counters, and photoionization detectors (PID). Our qualified consultants will be available 24/7 to provide consultations to the City regarding air monitoring and any other pertinent environmental issues. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 25 August 1, 2022 We take pride in our immediate responsiveness, while delivering quality results. A-Tech's personnel are available 2417 to provide any environmental consultations regarding the City's projects and activities. Our team of professionals are trained and qualified to provide emergency response to the City's requests. We can mobilize to any site in Southern California within one to two hours of notification. For areas further away, we require a 24-hour notice prior to mobilization to the project site. If projects' conditions require off -hours' services, our personnel will work accordingly to get the job done within the required time frame. Our field technicians reside throughout San Diego, Los Angeles, Orange, San Bernardino, and Riverside counties and are available to mobilize to any project site quickly. A -Tech works with technicians on rotation for evenings, weekends and holidays, to be prepared in the event of an after-hours service requests. Our project managers are experienced in adjusting technician availability and turnaround time of deliverables to fit the urgency and magnitude of any project. A -Tech provides a wide variety of environmental consulting services, including but not limited to: Phase I & 11 Environmental Site Assessments, Remedial Investigations, Groundwater Studies, Groundwater Modeling, Feasibility Studies, Remedial Design and Operation, Asbestos and Lead Inspections and Surveys, Mold Inspections, HAZMAT/Universal Waste assessments, Project Monitoring/Management Services, Indoor Air Quality Investigations, Bioaerosol Monitoring, Air Quality Testing, Environmental Health & Safety Audits/Inspections/Trainings, Risk Assessments, Radon Testing, Silica Exposure Assessments, Industrial Hygiene Assessments and Monitoring, Stormwater Sampling, Emergency Spill Response & Clean-up, Environmental and Industrial Wastewater and Stormwater Testing. e. RELEVANT PROJECT EXPERIENCE A -Tech has more 20 years of experience in conducting hazardous materials assessments and providing environmental consultation to its clients. Table 2 presents a select list of related projects that has been conducted by our team in the past three years. Additionally, more projects have been selected to provide further details on the experience of our team. ow A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 26 August 1, 2022 Table 2. Select Projects of Past 3 Years Date Related Client Project Name and Type Location Completed Category Early Childhood Facility Baldwin Park Unified School Phase I & II ESAs / HazMat Commerce, CA Sep-22 I & II District Surveys HazMat Surveys for 80+City City of Burbank Burbank, CA Ongoing II Buildings Los Angeles County HazMat Surveys of Various Los Angeles, CA Ongoing II Superior Court Courts in the County Long Beach Airport Hangar Construction Long Beach, CA Aug-22 Methane Investigation Exxon Mobil/Pacific Oil Gas Station Renovation UST Pasadena, CA Jun-22 Group Removal Investigation City Yard UST Removal City of Burbank Burbank, CA May-22 I & II Investigation Caltrans D7 Site Investigation Various, CA Mar-22 HazMat Surveys of all City City of Pasadena Pasadena, CA Dec-21 II Buildings US Army Corps of Engineers Extensive Site Investigation Fort Wingate, NM Nov-21 and Remediation Bristol Substation PEA / Southern California Edison Santa Ana, CA Oct-21 Phase I & II ESAs LA City College HazMat Los Angeles Community Surveys and Site Los Angeles, CA Aug-21 I & II College District Investigation Malibu Mesa Water UST Removal Investigation / Malibu, CA Jul-21 I & II Reclamation Plant HazMat Surveys Maintenance Yard Site Palo Verde Irrigation District Investigation and Blythe, CA Feb-21 Remediation SLC-8 Launchpad Phase I Vandenberg Airforce Base Environmental Baseline Vandenberg, CA Jan-21 Survey City of Pomona Fire Stations Site Closure Pomona, CA May-20 City of Alhambra City Yard Phase 11 ESA Alhambra, CA ct-19 Divisadero Substation Phase r�Jan-19 Southern California Edison Visalia, CA I & II ESAs IA -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 27 August 1, 2022 Type: Category I Client: Southern California Edison (SCE) Disclaimer: Mr. Toosi was the senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Involvement: 2017-Nov 2021 Project Description: Land divestiture, even more than land acquisitions, exposes clients to long term potential environmental liabilities. For retirement of SCE's Bristol Substation, which is located within the City of Santa Ana's Bristol Street Corridor Specific Plan (BSCSP), Mr. Toosi's team was hired for conducting initial environmental site assessments (ESAs). The objective of our work was to identify any Chemicals of Potential Concern (COPCs) that may have originated from SCE's historical operations, delineate the extent of the impact, and remediate the Site consistent with the City of Santa Ana's future use standards and other pertinent regulatory protocols and guidance documents. Our Phase I ESA report identified potential Recognized Environmental Conditions (RECs) that were attributed to polychlorinated biphenyls (PCBs), fuel -related petroleum hydrocarbons and volatile organic compounds (VOCs), and loss of mercury from the switches. Therefore, we planned for conducting additional site assessment and soil and soil vapor sampling at the Site. The Department of Toxic Substances Control Board (DTSC) was the oversight agency for this project. In 2020, we completed the Site characterization and delineated the area that was impacted by arsenic, lead, and PCBs. Our team developed the grading plans and managed the soil remediation by excavation activities. Upon completion of the remediation, the DTSC requested a Preliminary Endangerment Assessment (PEA) report to be prepared and submitted to the agency for Site closure. Mr. Toosi was the professional engineer who reviewed and stamped the PEA, which was submitted to the DTSC for final review. During this project, our team communicated every step of the work with the City of Santa Ana to ensure the BSCSP is not impacted by the investigation and rampdiatinn uinrlr Key Personnel: Mr. Toosi was the senior engineer and Dr. Robles was the risk assessment expert of this project. Figure 3: Soil Excavation at SCE's Facility, Under Mr. Toosi's Supervision 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 28 August 1, 2022 Type: Category I & II 1 Client: Baldwin Park Unified School District I Project Period. Jun 2022-Sep 2022 Project Description: The Baldwin Park Unified zardous Material Surveys School District (BPUSD) is proposing a commercial Phase • property to be transformed to an early childhood erty Assessment care facility. In request of the Federal funding " rv, agent, the BPUSD retained services of A -Tech to Concentrated Industrial Area conduct a Phase I ESA for this facility. A -Tech identified several recognized environmental conditions (RECs) related to potential use of herbicides and pesticides from historical farming activities; potential release of petroleum hydrocarbon from oil & gas well fields in the Site vicinity; potential leakage of oil & grease from the Site's UST; active contaminated site upgradient of the Site with ongoing remediation activities; truck staging activities and cargo freights at the Site; and the historical oil equipment service shop across the alley and upgradient to the Site. Based on these findings and the sensitive nature of the proposed land use, A -Tech recommended a Phase 11 ESA for this property. The Federal Early Childhood Education officer concurred with A-Tech's recommendations and requested a Phase 11 ESA for the Site. A -Tech currently is developing the Phase II ESA work plan and planning on securing the required permits to conduct the field activities. Key Personnel: Mr. Toosi is the project manager, Mr. Sandoval is the senior scientist, Mr. Ward is the CIH, Mr. Williams is the HazMat Survey Lead, and Ms. Lopez is the staff engineer for this project. Type: Category I & II 1 Client: City of Burbank Project Period: January -May 2022 Project Description: A -Tech was retained by the City of Burbank, Public Works Department to conduct environmental monitoring during removal of a 3,000-gallon USTs. The site is a Maintenance and Park Storage located in the City of Burbank. A - Tech monitored for VOCs via direct -read instruments during the removal of the tank and provided immediate recommendations, based on the results of the readings. Additionally, we collected samples to evaluate any leakage from the UST and conducted waste characterization. A -Tech also performed testing for asbestos at this building. All suspect asbestos containing -materials were tested and submitted to a certified laboratory for analysis. The city is A-Tech's oldest client, and they rely on A - Tech for their environmental needs. Ow A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 29 August 1, 2022 Key Personnel: Mr. Williams was the HazMat Survey lead, Mr. Sandoval was the site investigation and assessment lead, and Mr. Ward was the CIH for this project. Type: Category I Client: City of Alhambra Project Involvement: 2018-2019 Disclaimer: Mr. Toosi was the deputy manager and senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Description: Five USTs containing gasoline and waste oil were removed from the City of Alhambra's Maintenance Yard in the 1990s. However, the soil in the area was not evaluated for the presence of residual contamination. The LA Water Board on April 20, 2018, sent a Corrective Order Letter to the City. That order requested additional assessments to be conducted and a work plan for these activities must have been submitted to the LA Water Board by May 20, 2018. Our team was contacted by the City's Utility Department's Deputy Director, Mr. David Dolphin, to initiate developing the work plan and submit to the agency by the requested deadline. The LA Water Board approved our work plan and requested the results of the investigation in a technical report format by October 13, 2018. We completed all pre -field activities and hired subcontractors that we felt were the most qualified while offering the best value and mobilized our field crew on October 1, 2019. For this project, our team: ■ Drilled a total of 12 borings using direct push technology (DPT) to a depth of 35 feet below ground surface and collected samples at every five-foot interval. ■ Analyzed the samples using a mobile laboratory subcontractor for total petroleum hydrocarbons (TPH) and volatile organic compounds; and Showed, based on the results of this investigation, that the removal of the USTs was conducted properly, and that no residual contamination was present at the site. On October 12, 2018, we Submitted the final Site Closure Report and requested closure for the site from the LA Water Board. On October 7, 2019, the Water Board issued a no further -action letter and approved our request for Site Closure. The city was delighted with our team's efforts to finish this project within the budget in a timely manner. We have established relationship with the LA Water Board's staff and have a reputation as a diligent consultant, whose mission is to protect the environment and ensure its clients are not environmentally liable. Key Personnel: Mr. Toosi was the deputy project manager and senior engineer for this project. 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 30 August 1, 2022 Type: Category I & II Client: Los Angeles Community College District Project Involvement: 2020-March 2022 Disclaimer: Mr. Toosi secured this contract and managed it at his previous role as the vice president of Rubicon Engineering Corporation. A -Tech still is Rubicon's subcontractor and provided services in collaboration with Mr. Toosi. Project Description: In 2019, A -Tech as part of the Rubicon Team was awarded an on -call environmental consulting services contract with the Los Angeles Community College District to provide various environmental services including asbestos and lead sampling and monitoring, limited environmental investigation, and waste characterization investigation. We have since received multiple task orders and established a working relationship with the Los Angeles City College project team. In 2020, we completed a comprehensive survey of hazardous materials for the Central Plant Phase II renovation project, which assisted the client to comply with requirements of the South Coast Air Quality Management District (SCAQMD) Rule 1403. As a testament to our ability to respond to emergency situations, we conducted and completed an emergency project with short notice and turnaround for the Cesar Chavez Street emergency project. We mobilized to the site with the same day delivery of results, conducted inspection and sampling of a suspected transite pipe, prepared a SCAQMD Procedure 5 Work Plan, oversaw abatement activities, conducted clearance inspection, and provided a close-out letter. Due to the fast -paced nature of this job we completed this project within 20 working days, 10 days of which were spent waiting for the SCAQMD and Cal -OSHA notifications. In another task order, Mr. Toosi managed and conducted a limited soil investigation project at the Los Angeles City College to evaluate any potential contamination at the proposed Cesar Chavez Admin Building construction site. Our team arranged for mobilization to the site and collected 40 soil samples at various depths and analyzed them for any potential hazardous contaminant groups. Due to the ongoing construction activities the project required faster turnaround time than usual. The College managers were delighted with Mr. Toosi's responsiveness and quick attention to this project. Key Personnel: Mr. Toosi was the project manager, Mr. Williams was the HazMat Survey lead, and Dr. Robles is the risk assessment expert for this contract. ow A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 31 August 1, 2022 Type: Category II Client: Veteran Affairs (VA) San Diego Healthcare System Project Period: Jul 2020-Nov 2020 Project Description: In July through November 2020, A -Tech performed asbestos and lead project monitoring at the VA San Diego Healthcare System. During all phases of the project, A -Tech coordinated all activities with the abatement contractor and the client. Weekly clearance documentation was sent to the client and relevant hospital personnel. Routine inspections were performed throughout each shift to ensure that the large containment was secure and free of breaches, and that all work completed by the abatement contractor was performed in accordance with all current regulations. In addition, A -Tech collected air samples outside of the containment to ensure that no asbestos fibers were migrating from the containment. As a result of the careful attention to this project, there were no unnecessary project stoppages. A close-out report was provided to the client after all abatement activities were completed. Key Personnel: Mr. Williams was the HazMat Survey Lead of this project. Type: Category II Client: Santa Ana Unified School District Project Period: Mar 2022 Project Description: On March 16, 2022, A -Tech provided consultation to the client during all phases of the asbestos and XRF-lead assessment. The scope of work was included testing all materials on the interior of the library for asbestos and lead. A - Tech provided verbal results to the client as soon as laboratory results were available. A full assessment report was delivered within three days of A -Tech receiving the laboratory results. This assessment report was immediately stored in Santa Ana USD's vendor portal, maintained by A -Tech. Figure 4: View of Abatement Activities 0 A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 32 August 1, 2022 f. REFERENCES Type: Category I Client: Baldwin Park Unified School District Project Name: Phase I & 11 ESAs for Proposed Early Childhood Care Facility Contact Name: Ray Rankin, Director of Maintenance and Operations Contact Email: Rhrankin911(cr�,bpusd.net Contact Phone: (626) 705-9154 Type: Category I & II Client: City of Burbank, Public Works Department Project Name: UST Removal Investigation and Comprehensive Hazardous Material Surveys Contact Name: Dean Pearson, Construction Manager Contact Email: DPearson(kburbankca.gov Contact Phone: (818) 238-3817 Type: Category II Client: City of Pasadena Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Henry Frometa, Human Resources, Safety Coordinator Contact Email: hfrometakcityofpasadena.net Contact Phone: (626) 744-3818 Type: Category I & 11 Client: Los Angeles Community College District Project Name: Comprehensive Hazardous Material Survey and Limited Environmental Investigation Contact Name: Steve Campos Contact Email: steve.campos cgbuild-laccd.org Contact Phone: (626) 510-4393 Type: Category II Client: Santa Ana Unified School District Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Fentriss Winn Contact Email: fentress.winngsausd.us Contact Phone: (760) 717-3077 Type: Category II Client: Superior Court of California, County of Los Angeles Project Name: Comprehensive Hazardous Materials Surveys Contact Name: Michael Berry, Facilities Services Supervisor ContactEmail: MBerry(&lacourt.org Contact Phone: (213) 633-1052 ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services 2. SCOPE OF WORK AND SCHEDULE As part of the RFP, sample fee proposals have been requested for the following properties: ■ Project #1: Halladay Property: 2245 S. Halladay Street, Santa Ana, CA 92707 ■ Project #2: Former Arco Gas Station: 2245 S. Main Street, Santa Ana, CA 92707 Page 33 August 1, 2022 A -Tech has prepared the following scope of work and schedule of events specific to these two projects and has provided a separate fee proposal in a sealed envelope that corresponds to these activities. Please note that we refrained from repeating our general approach that was explained in Section Ld and here we focus on specific activities, project background, and schedule of events. It is our assumption that the City of Santa Ana has issued task orders and requested A -Tech two separate cost proposals for conducting ESAs along with Hazardous Material Surveys at above properties. a. PROJECT W : HALLADAYPROPERTY It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it as an office building for employees. The Site currently consists of a single -story building in a residential neighborhood. A -Tech is retained to conduct a Phase I ESA and a comprehensive hazardous material survey of the building materials. Below is A-Tech's systematic approach to this project: Upon receipt of notice to proceed, A -Tech will arrange for a kickoff meeting to discuss the Deliverables: project requirements and obtain project relevant ✓ Phase I ESA Report information. We visited the Orange County V EDR Reports as Appendices Assessor Office website to find the Assessor V Owner Questionnaire as Appendix Parcel Number (APN) of 016-105-19. A -Tech V Site Reconnaissance Checklist as Appendix will quickly review the readily available historical aerial photographs on htlps://www.historicaerials.com/ to develop a general understanding of the Site and its vicinity. After the meeting, A -Tech will start preparing the Phase I ESA as described in Section Ld. For this Phase I ESA we will conduct a site visit, perform an interview with the owner/tenant, subcontract EDR for database research, and generate the final tables and reports. A site visit checklist along with interview questionnaire will be completed and provided as an appendix to Phase I ESA report. EDR results will be presented as appendices to the report. The detailed cost estimate for the Phase I ESA of Halladay Property is provided in Table B of the sealed fee proposal envelope. A -Tech will compile all the findings in a Phase I ESA Report and provide all supporting documents as attachments. The report will provide recommendations for further assessments and environmental requirements of the project. For this project and due to the historical conditions of the Site, A -Tech assumes that the project is completed with a Phase I ESA and no further assessment is required. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 3. Schedule of Phase I ESA for Halladay Property # Activity Pre- Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Site Visit and Interview 1 1 Week 3 Database Review 1 1 Week 4 Report Preparation 1, 2, and 3 3 Weeks Total Duration 4 Weeks In case the City plans to conduct any renovation or construction at the subject property, a comprehensive hazardous material survey is needed according to regulatory requirements. Comprehensive Asbestos Assessment Page 34 August 1, 2022 Deliverables: ✓ Comprehensive Asbestos Report ✓ Comprehensive Lead Assessment Report This assessment will satisfy all the requirements of a pre -renovation assessment, in accordance with Cal - OSHA Rule Title 8 CCR 1529 and NESHAPISCAQMD Rule 1403, as it pertains to this project only. Our certified asbestos consultant or certified site surveillance technician (CAC or CSST) will conduct an inspection of all areas and bulk sampling of suspect asbestos -containing materials (ACM), utilizing AHERA sampling protocols. We will arrange for access to all locations. Our scope includes analysis of suspect ACM samples by a NVLAP accredited laboratory, utilizing Polarized Light Microscopy (PLM) with dispersion staining, in accordance with current regulatory requirements. Sample analysis is based on standard 5 Day Laboratory Analysis. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, friability evaluations and remedial recommendations. Comprehensive XRF-Lead Assessment A -Tech will also conduct an inspection of all locations and sampling of any suspect lead -containing materials (LCM) via XRF, chip sampling of painted surfaces or bulk sampling of ceramic/porcelain components by a CDPH Certified The detailed cost estimate for the Hazardous Material Inspector/Assessor or Sampling Technician, utilizing Cal- OSHA's and HUD sampling protocols. The analysis of suspect lead bulk samples will be performed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS) and/or Total Threshold Limit Concentration (TTLC), in accordance with current regulatory requirements. Review of proposed renovation plans, if available. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, condition evaluations and abatement/stabilization recommendations. The following are typical suspect lead - containing materials found at this type of structure: Ceramic Tile, Painted Surfaces, and Porcelain Sinks & Toilets. 0 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 4. Schedule of Hazardous Material Survey for Halladay Property # Activity Pre -Requisite Activity Duration 1 Fieldwork -- 1 Day 2 Laboratory Analyses 1 5 Days 3 Final Report 2 7 Days otal Duration 13 Days b. PROJECT #2: FORMER ARCO GAS STATION Page 35 August 1, 2022 It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it for residential redevelopment. We researched the State Water Resources Control Board's Database of Environmental Records — GeoTracker, with the Site address to evaluate the Site and its surrounding conditions. A -Tech identified that the Site is a former Arco Gas Station #5147 with a closed cleanup case (GeoTracker Global ID of T0605900621). The Site obtained closure as of March 23, 2022, from the Santa Ana Regional Water Quality Control Board (Water Board). Since 2005 until closure in March 2022, numerous environmental investigations, remediations, and litigations were conducted related to release of petroleum products from historical gas station operations. A -Tech has reviewed these reports and provided a summary of the reports and regulatory activities in Table 5. For the purpose of this fee proposal and as it is described in the RFP, A -Tech assumes that the City of Santa Ana has retained services of A -Tech for 1) conducting a Phase I ESA of the property, 2) the Phase I ESA will lead to a Phase II ESA in connection with UST removal activities, and 3) a comprehensive hazardous material survey of gas station structures and the shops building. A Phase I ESA will be prepared in accordance with the updated ASTM 1527-21 and as described in Section Ld. The Phase I ESA for Deliverables: this project will be in accordance with the ✓ Phase I ESA Report Schedule of Halladay Property project as it is presented in Table 3. Because of the historical operations at the Site and the potential leakage from the USTs and gas station activities, it is more than likely that the Phase I ESA conclusion will warrant conducting a Phase II ESA for this property. The detailed cost estimate for the Phase I ESA of Former Arco Gas Station is provided in Table D of the sealed fee proposal envelope. ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table S. Chronological List of Historical Events at the Former Arco Gas Station Page 36 August 1, 2022 Document Date Document Type Consultant/Agency Notes Dormancy status (redo... sampling f equ...y to semi-annual basis/ monitoring to only 3 wells) rejected due to: Elevated/Fluctuating Levels of Fuel Oxygenates present in perimeter, Wall BH-8 (adjaeent to western January 05 2005 Request for Dormancy Delta Environmental Consultants USTIOispe...r ). High concentrations of Benzene in Wall BH-2 (former UST.; Southeast boundary) not wall defined. Sampling frequency (reduced from quarterly to annually) of Wells BH 1,11,12,13,14, and 18. Sampling frequency (must remain quarterly) for wells BH-6, 10 and remainder of Wells Quarterly Update Report Report aubmittad January 27, 2005: January 27 2005 Submittal Delta Environmental Consultant. Verbiage for previous quarters update report was Incorrectly left in this repo:. Resubmitted February T, 2005 Work Plan for Additional Proposed Scope of We-: January 28 2005 Groundwater Delta Environmental Consultants Install anew monitoring well I ... tad ... [/southeast of the former UST., a 1v.... one soli boring BH-19 to a Assessment depth of 22 it bgs and place screen from 5 ft bgs to total depth Resubmittal correcting previous Quarterly Submittal (4th Quarter 20") Jan 30, 2005: February OT 2005 Quarterly Update Report Della Environmental Consultants Grou-i-st., monitoring ...ducted (no -purge sampling) D... mber 17, 20" Submittal Analyzed for THG-g, BTEX, MTBE. Groundwater was not collected for Wells ON. 1, 11 through 14, and 18 Workplan for Additional Water Board Approved: February 15 2005 Groundwater Santa Ana Water Board One additional groundwater monitoring will be installed (to delineate lateral extent of high benzene Assessment ,ntmtl... ) In well BH-2 (east-southeast of UST exeavatlon/adjaeent residential complex) Request to cancel additional work plan Implamant.U.. because the utility location and geophysical survey Request to Rescind ques ondu.t.d on April 21, 2005, concluded the proposed well could not be safely installed. It was requested that June 09 2005 AGroundwater Additional Della Environmental Consultants alternative site eharocterizallon melhotla to be consitlerea or requirement of additional assessment to be Assessment .gma.a Revised Work Plan for May 15 2006 Additional Ground Water Della Environmental Consultants Request to rescind from June 09, 2005 was denied through a phone call conversation on June 22, 2005 Assessment Location of BH-19 revised to avoid utility interference On July 3, 2006 the proposed location of BH-19 was adjusted because a 12-inch concrete piping was found in the proposed revised location, therefore the well location was moved 3 feet North August 17 2006 Off -Site Well Installation Delta Environmental Consultants No detectable concentrations of benzene, toluene, ethylb... e c, total xylenes, MTBE, TBA, DIPE, ETBE, TAME Status Report or ethanol were found for the soil collected from BH-19. Soil Sample BN-19-10 has no detectable concentrations of BTEX, MTBE or TBA but had TPH-g .....nation of 290 mg/kg Resolution No. 2009-0042 was ad.pt.d May 19, 2009 this resolution mandates that agencies reduce quarterly monitoring requirements to a semi-annual basis unless sit¢ specific needs warrant otherwise: July 28 2009 Staff Letter Santa Ana Water Board Based on evaluation Wall. BH 2 through 4, T through 9, and 15 through 17 may be reduced to semi-annual mpling schedule Proposed adv... ent and sampling of 3 boring samples (C3B-1 through 3) In the areas of former dispenser August 31 2011 Work Plan for Stratus Environmental, Inc. island, UST. and product lines. Co motion Soil Borings Samples will be analyzed for Gasoline Range Organics, BTEX, MTBE, DIPE, ETBE, TAME, TBA and ethanol Revised Workplan for Advancement. of proposed soil boring location of August 31, 2011 to a depth of 15 ft Bgs, approximately 5 it November 10 2011 Confirmation Soil Borings Stratus Environmental, Inc. into groundwater Approval of Revised Work Plan for Confirmation Soil Borings dated November 16 ,2011 where 3 soil borings be January 05 2012 Staff Letter Santa Ana Water Board advanced to approximately 15 feet bgs and samples eollaet,d from each borehole at 5-foot intervals Air monitoring conducted during exeavatlon activities during March 3, 2012 where the breaking and removal of April OB 2012 Rule 1166 Soil Monitoring Stratus Environmental, Inc. asphalt and excavation of pea gravel and soil was conducted. Report VOC concentrations were not detected during excavation activities First Quarter 2012 jApol 30, 2012): work performed this quarter. submitted in the Quarterly Monitoring Report, Fourth Quarter 2011 on January 30, April 30 2072 Quarterly Status Report Stratus Environmental, Inc. 2012. No groundwater.ample. ware collected. Implemented the Revised Work Plan for Confirmation Soil Borings, dated November 10, 2011, on March 15 and 16, 2012 Confirmation of four soil borings to 15 ft bgs (CSB 1 through 4) Elevated concentrations of petroleum hydrocarbons, including benzene, were detected in ne r surface soils in May 14 2012 Confirmation Soil Boring Stratus Environmental, Inc. areas corresponding to both the former tanks and western dispans¢r area. The highest concentrations of TPH-9, Report benzene, xylenes, TMBs and naphthalene were encountered in CB-1 (10 feet bgs; southeast corner of site). Residual hydrocarbons were detected to total depth at all four drill locations Be.etl on the results of the Confirmation Soil Boring Report, agency required air-sparge wells AS-1 and AS-2 to July 12 2012 Staff Letter Santa Ana Water Board be sampled during next groundwater event, and soil vapor survey and risk assessment to be completed to determine the potential vapor intrusion threat posed by shallow residual contamination Non-compliance, failing to respond to directive, which required that a soil vapor survey and risk assess m¢nt to February 28 2013 Staff Letter Santa Ana Water Board be performed to evaluate the potential threat to human health posed by the elevated residual petroleum hydrocarbons enc unt.red in soils during confirmation sampling. Response to Non -Compliance by Straus: The newly adopted [at the time] Low.Threat Closure policy stales evaluation of the potential petroleum vapor intrusion to indoor air is not required at active commercial March 29 2013 Workplan for Shallow Soil Stratus Environmental, Inc. petroleum fueling facilities, lithology of subject site indicated release characteristics do not pose a threat to Vapor Survey pen gency's request, prepare a human health. To res d to a t, however, Straus will Work Plan to conduct a risk ent and a shallow sell vapor survey In general accordance with the DTSC Advisory Work Plan Approved, but all hydrocarbon related compounds with established screening levels must be quantified to sufficiently low limits to allow for comparison against California Human Health Screening Levels May 23 2013 Staff Letter Santa Ana Water Board (CHHSL.). Due to the very close proximity of adjacent residential structures, the resulting site data must be valuated under both commercial and residential exposure scenario Responsibility of the Arco Site had transferred from Atlantic Richfield Company to Tesoro Refining and July 3 2013 Owner Letter Tesoro Refining & Marketing, LLC Marketing, LCC effective June 1, 2013 Workplan for Additional Two (2) hand -auger borings be advanced In the vicinity of the current and former waste ell lank, In order to April 30 2014 Site Assessment Stratus Environmental, Inc. collect more detailed information on subsurface conditions near this potential area of concern. Additional Site In order to assess the presence of petroleum hydrocarbons In the vicinity of the existing waste oil tank, two soil August 22 2014 Assessment Report Stratus Environmental, Inc. borings (HA-1 andHA-2) ware advanced and results were presented. Regional Board staff has determined this environmental cleanup case eligible for site closure. Groundwater October 30 2014 Determination of Santa Ana Water Board monitoring and sampling activities may be reduced to an annual frequency (performed 2nd Quarter) pending site Eligibility for Closure closure Work Plan to perform additional soil sampling associated with the removal of the underground storoge tanks Work Plan fo r Soil (USTs), waste oil tank, hydraulic hoist, fuel dispensers and product piping. May 7 2079 Borings and oil Stratus Environmental, Inc. Sampling of fourteen soil borings associated with USTs, waste oil tank, and hydraulic lifts and the collection of Piping Sampling oil samples along the product piping and fuel dispense - Destruction of eleven onsite groundwater monitoring wells (BN-1 through BN-4, BN-6, BN-8, and BN-13 through September 6 2019 Well Destruction Report Stratus Environmental, Inc. BH-11 antl two o site dual nested air-sparge wells (AS-1 and AS-2) The wells were removed to facilitate site tlemolition asset ated with the City of Santa Ana's street widening project Communications on October 8 and 21, 2019 and January T, 2020 between Regional Water Board staff and State Revised Review Water Boartl staff, the following scope was disco ... d and agreed upon: The Site meets LTCP criteria for current January 23 2020 Summary Report - State Water Resources Control relal land use, It Is reasonable to re-evaluate Site conditions against the Policy when the future property Concur with Closure Board us.has been determined, Responsible party should contact the Department of Water Resources to onfirm/verify the location of the supply well, supposedly located less than 500 feet east of the Site. Concurrence of Site Closure Recommendation Evaluated nearby water -supply walls and confirmed that the walls do not exist. No further groundwater sampling May 6 2020 8 Cancellation of Annual Stanlee Consulting Services Inc. of the six off -site street groundwater monitoring wells was needed Groundwater Sampling Notification of Case Based on available data, the gasoline contamination in soil and/or groundwater beneath the site appears to have May 4 2021 Closure Santa Ana Water Board been adequately d and mitigated and environmental ease closure may appropriate be a late at this time. qua y assess. ga Well Destruction Removal and/or abandonment of all walls and other site improvements related to the underground storage tank September 9 2021 Directive Santa Ana Water Board cleanup must be done before a final case closure summary The destruction of six off -Site groundwater monitoring well. (BH-T, BH-9 through BH-12, and BH-18) part ormea November 23 2021 Well Destruction Report Stantec Consulting Services Inc. November 8 through 10, 2022 Agency finds that the site investigation and corrective action carried out at the above-r.f.r.n..d UST site is in March 23 2022 Closure Letter and Final Santa Ana Water Board c mpliance with the requirements and with corrective action regulations set and that no further action related Gas¢ Summary to the petroleum releases(.) at the site is required. 40 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Background, Proposed Scope of Phase H ESA Page 37 August 1, 2022 From review of the Site documents available on Deliverables: GeoTracker, A -Tech assumes that the Site ✓ Work Plan for Field Activities features include three 12,000 gallon, double- V Health & Safety Plan (HASP) walled, fiberglass gasoline USTs, one 500-gallon double walled, fiberglass waste oil UST, and their V Orange County Boring Permit Application ✓ Geophysical Survey associated hydraulic hoists dispensers and ✓ Field Daily Report associated product lines, and vent lines. The Site V Phase II ESA Report is a rectangle with approximate dimensions of 80 V Cost Proposal for Remediation Activities by 120 feet. Based on this information, A -Tech ✓ Cost Allocation and Responsible Parties is planning for two borings per 12,000-gallon 14( UST area, one boring for the 500-gallon UST area, and three borings at each 20 linear feet of piping. Historically, groundwater is encountered at approximately 10 feet bgs at or near the Site vicinity. The chemicals of potential concern (COPCs) at the Site include Total Petroleum Hydrocarbon (TPH), and Volatile Organic Compounds (VOCs). Due to potential use and storage of lead -containing gasoline, A -Tech also recommends Title 22 metals to be included as the COPCs. A total of ten (10) borings will be advanced using a hydraulic direct -push technology (DPT) drilling rig. The soil will be logged using the Unified Soil Classification System (USCS). Borings will be advanced to a maximum of 20 feet bgs and soil samples will be collected starting at 1.0 feet bgs and repeated at 5.0, 10.0, 15.0, and 20.0 bgs. Because of the shallow groundwater, samples will be collected in borings where groundwater is encountered using hydropunch valves. In addition, we will install soil vapor probes at 5.0 and 15.0 ft bgs at three selected borings and collect six soil vapor samples with summa canisters. The soil samples will be collected in acetate -lined sleeves capped with Teflon' tape and airtight plastic caps. The samples will be packed in ice and transported to a State -Certified laboratory for analysis, with proper Chain -of -Custody documentation. All work will be performed under the oversight of a state of California certified Professional Engineer. Field Quality Assurance/Quality Control (QA/QC) measures include collecting field duplicate samples, equipment blank at the end of the day, and one trip blank for sample transports. All discrete samples collected at 1.0, 5.0, and 10.0 feet bgs will be initially analyzed for VOCs by EPA Method 8260B, Title 22 metals by EPA Method 6010B, and TPH by EPA Method 8015. The soil vapor samples will be analyzed for VOCs using EPA Method TO-15. Groundwater samples will also be analyzed for the same COPCs. Samples at 15.0, and 20.0 feet bgs will be placed on hold for further analyses if initial shallow samples return at an elevated level. Work Plan and Pre -Field Activities A -Tech will conduct this Phase II ESA in accordance with procedures set forth in Section Ld of this proposal. A -Tech will prepare a work plan for the scope described above and in accordance with ASTM E1903-19. After review of the work plan by the City, it is submitted to the Water Board for approval before implementation. Additionally, a project -specific Health and Safety Plan (HASP) will be developed outlining the various hazards associated with the proposed scope of work. Because the borings will potentially reach to the groundwater, A -Tech will obtain a Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency. The permit processing OR A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 38 August 1, 2022 usually takes up to 10 business days, but we can expedite the process by paying the expedited fees, if needed. We will notify the Underground Service Alert (USA Dig Alert) at least 48 hours prior to any field mobilization, so utilities may mark their subsurface conduits on and adjacent to the Site. A geophysical survey will be conducted at the subject property to determine the location, if any, of subsurface utility conduits where soil borings will be advanced. The locations of the soil borings will be placed away from any subsurface conduits marked by USA or located by the private subsurface location company hired by A -Tech. The boring will be marked by white paint, visible for USA and the geophysical crew. A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, and laboratories) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. The laboratory results will be on normal turnaround time, which is 5 days. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and Santa Ana RWQCBs. The findings determine which of the following course of action is required: "No further action needed; in which case the report will request site closure; Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs); or Investigation is completed but remediation is required. " A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. If further assessment is recommended or remediation is warranted, a cost proposal will be prepared and accompany the recommendations. Potential responsible parties (PRPs) for contamination will be determined and we will discuss viable options for incurring the cost from the PRPs. The detailed cost estimate for the Phase II ESA of Former Arco Gas Station is provided in Table E of the sealed fee proposal envelope. Ow A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 6. Schedule of Phase I & II ESAs for Former Arco Gas Station Page 39 August 1, 2022 # Activity Pre -Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Phase I ESA 1 4 Week 3 Phase II ESA Work Plan & HASP 2 2 Week 4 Phase 11 ESA Permitting 2 10 Days 5 Phase II ESA Pre -Field Activities 1 1 Week 6 Phase II ESA Work Plan Implementation 3, 4, and 5 1 Day 7 Phase II ESA Laboratory Turnaround 6 5 Days 8 Phase II ESA Data Evaluation and Reporting 7 3 Weeks Total Duration from Phase I to Phase II ESA Completion 12 Weeks A -Tech will conduct a comprehensive asbestos and lead assessment of the building materials at Deliverables: the subject property. For the purposes of this ✓ Comprehensive Asbestos Report proposal, A -Tech assumes that there is a gas ✓ Comprehensive Lead Assessment Report station shop and its associated structures at the subject property. A-Tech's scope of services is similar of what is discussed for the Halladay Property and follows the exact schedule of events as described in Table 4. The detailed cost estimate for the Hazardous Material Survey of Former Arco Gas Station is provided in Table F of the sealed fee proposal envelope. Ow A -Tech Consulting, Inc. EXHIBIT B 0 A -Tech Consulting, Inc. Mr. Kenny Nguyen Project Manager, City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 ORIGINAL Fee Proposal for RFP No. 22-090 Various Environmental Services Category I & II Dear Mr. Nguyen: August 1, 2022 As requested in the Request for Proposal (RFP) No 22-090, A -Tech provides this Fee proposal in accordance with the requirements of the RFP and the Sample Fee Proposal projects. Tables A through F summarizes our cost proposal for this project: ■ Table A.1: Schedule of Rates for Category I: Phase I & 11 ESAs ■ Table A.2: Schedule of Rates for Category II: Hazardous Material Surveys ■ Table B: Sample Cost Proposal for Phase I ESA of Halladay Property ■ Table C: Sample Cost Proposal for HazMat Survey of Halladay Property ■ Table D: Sample Cost Proposal for Phase I ESA of Former Arco Gas Station ■ Table E: Sample Cost Proposal for Phase 11 ESA of Former Arco Gas Station ■ Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station We believe that we provided the most competitive rates while delivering ultimate quality. The rates will be in effect for the duration of the contract. If you have any questions or require clarifications, please do not hesitate to contact us. Respectfully submitted, A -Tech Consulting, Inc. l psi Roohi Toosi, PE Director of Engineering Casandra Williams, CAC, DPH Chief Executive Officer HQ: 1640 N. Batavia Street, Orange, CA 92867, Phone: (714) 434-6360 Website: www.atechinc.net Tables 0 A -Tech Consulting, Inc. Table A.1: Schedule of Rates for Category I: Phase I & II ESAs Job Classifications Personnel Rate Project Manager $200.00 Health & Safety Director $215.00 Risk Assessment Expert $180.00 Senior Engineer/ Geologist/ Scientist $140.00 Project Engineer/ Geologist/ Scientist $125.00 Staff Engineer/ Geologist/ Scientist $110.00 Field Technicians $105.00 CAD & GIS Technicians $100.00 Admin Support & Editor $80.00 0 A -Tech Consulting, Inc. 0 -Tech Consulting, Inc. 2022 A -Tech Fee Schedule Disciplines Certified Industrial Hygienist (CIH) $215.00/Hour Professional Engineer $195.00/Hour Principal Hygienist $165.00/Hour Certified Environmental Infection Control Consultant (CEICC) $150.00/Hour Certified Indoor Environmental Consultant (CIEC) $150.00/Hour Environmental Project Manager $130.00/Hour Certified Asbestos Consultant (CAC) $130.00/Hour Certified Site Surveillance Technician $105.00/Hour CDPH Certified Project Monitor $105.00/Hour CDPH Certified Inspector/Assessor $105.00/Hour Trained Mold Inspector $105.00/Hour Trained Mold Project Monitor $105.00/Hour Report Preparation & Administrative $80.00/Hour Note: All the above rates are fully encumbered, unless otherwise specified. Shift Rates Clearances - (includes up to 4 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $625.00/visit Weeknight (6pm - 6am) $725.00/visit Saturday $725.00/visit Sunday $850.00/visit Emergency Response - Weeknight/Saturday $800.00/visit Emergency Response - Sunday $950.00/visit Project Monitoring - (includes up to 8 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $1,250.00/shift Saturday $1,400.00/shift Sunday $1,600.00/shift Note: All samples analyzed at a certified laboratory will be charged at the applicable per -sample rate. Report Rates: Procedure 5 Work Plan, Asbestos, Lead or Mold Scope of Work Asbestos or Lead Operation and Maintenance Plans Silica Exposure Control Plans Asbestos Samples Bulk - Polarized Light Microscopy Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (6 Hours) Rush Turn -Around (3 Hours) Bulk - Point Counting (PLM) 1,000 points Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Page 1 of 3 $950.00/report $850.00/report $850.00/report $15.00/sample $21.00/sample $25.00/sample $30.00/sample $35.00/sample $120.00/sample $13 5.00/sample $180.00/sample $270.00/sample 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Web Address: www.atechinc.net 0 A -T(? ch Consulting, Inc. 2021 General Fee Schedule Sample Analysis Air — Phase Contrast Microscopy (PCM)* Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $15.00/sample Accelerated Turn -Around (24 Hour) $15.00/sample Rush Turn -Around (3 Hours)* $20.00/sample * - Analysis available on site. Air — Transmission Electron Microscopy (TEM-AHERA) Standard Turn -Around (5 Days) $80.00/sample Expedited Turn -Around (3 Days) $100.00/sample Accelerated Turn -Around (24 Hour) $140.00/sample Surface — Wipe or Microvac — Quantitative (TEM-ASTM D5755) Standard Turn -Around (5 Days) $180.00/sample Expedited Turn -Around (3 Days) $200.00/sample Accelerated Turn -Around (24 Hour) $260.00/sample Rush Turn -Around (6 Hours) $320.00/sample Nuisance Dust Samples Air — Total Particulates (NIOSH 0500) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Air — Respirable Particulates (NIOSH 0600) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Lead Samples Chip, Wipe, Air, Soil — Atomic Absorption Spectrometry (AAS) Standard Turn -Around (5 Days) $17.00/sample Expedited Turn -Around (3 Days) $20.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (3 Hours) $70.00/sample Ceramic Tile Samples (TTLC) Standard Turn -Around (5 Days) $50.00/sample Expedited Turn -Around (3 Days) $58.00/sample Accelerated Turn -Around (24 Hour) $70.00/sample X-Ray Fluorescence (XRF) Analysis On -Site Analysis $475.00/day 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Page 2 of 3 Web Address: www.atechinc.net 0 -Tech Consulting, Inc. Mold and Bacteria Samples Non -Viable — Air — Spore & Pollen Identification (count/M3) Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Non -Viable — Surface (Tape -Lift, Swab/Bulk) — Qualitative Identification Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Bacteria — Sewage Screen Swab — Qualitative Identification Expedited Turn -Around (48 Hour) Rush Turn -Around (28 Hour) Bacteria — Adenosine Triphosphate (ATP) Luminometer On -Site Analysis Environmental Soil Sample Analysis 2021 General Fee Schedule Sample Analysis $68.00/sample $78.00/sample $95.00/sample $115.00/sample $68.00/sample $78.00/sample $95.00/sample $115.00/sample $190.00/sample $230.00/sample $60.00/sample Method(s) Compounds 5-day TAT 3-day TAT 2-day TAT 1-day TAT 6010B/7471A Title 22 Metals $150 $202.50 $225 $300 8015B/5035 TPH gas $60 $81 $90 $120 8015B TPH diesel/oil $90 $122 $120 $135 8260B/5035 VOCs + ox s $142.50 $195 $215 $285 5035 Kit For Soil Sampling VOCs) $30 $30 $30 $30 8270C SIM PAHs $187.50 $255 $282 $375 8151A Herbicides $195 $265 $295 $390 8081A Or anochlorine Pesticides $150 $155 $170 $225 8141A Organophosphorus Pesticides $165 $225 $250 $330 1640 N. Batavia Street, Orange, CA 92867 Phone (714) 434-6360 Fax (714) 221-6360 Page 3 of 3 Web Address: www.atechinc.net Table B. Sample Cost Proposal for Phase I ESA of Holladay Property # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 12 $0.00 $2,280.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,200.00 $650.00 $3,810.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,200.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 20 1 26 8 Total Cost for Phase I ESA of Halladay Propertyl $3 810.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. A -Tech Consulting, Inc. Table C: Sample Cwt Proposal for HazMat Survey of Halladay Property Site Visit and Report with XRF Analysis Asbestos Bulk Samples (PLM) $2,255.00/Visit X 1 $2,255.00 $15.00/Sample X 60 $900.00 Total $3,155.00 OW A -Tech Consulting, Inc. Table D. Sample Cost Proposal for Phase 1 ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 16 $0.00 $2,720.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,640.00 $650.00 $4,250.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,640.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 24 1 30 8 Total Cost for Phase I ESA of Halladay Property $4 250.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. A -Tech Consulting. Inc. Table E: Sample Cost Proposal for Phase II ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CIH Senior Level Staff Project Level Staff Staff Level Field Technician CAD/GIS Tech Expenses(l) Cost per Task Rate (hr) $200.00 $215.00 $140.00 1 $125.00 $110.00 $105.00 $100.00 Unit Rate Quantity Cost Number of Hours/Subtotal 1 Task 1- Work Plan, HASP, and Agency Notifications 2 Work Plan and HASP Preparation 1.0 1.0 2.0 0 12 0 4 $2,415.00 3 Subtotal $200.00 $215.00 $280.00 $0.00 $1,320.00 $0.00 $400.00 $2,415.00 4 Task 2 - Field Oversight and Sampling 5 USTRemoval Oversight 2 0 0 0 0 10 0 $1,450.00 6 Lab Cost(2) (TPH, Metals, and VOCs assuming 30 samples) 1 $12,500.00 $12,500.00 7 Geophysics 1 $700.00 $700.00 8 Drillers Cost 1 $3,500.00 $3,500.00 9 Subtotal $400.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $18,150.00 10 Task 3 - Report Preparation 11 Report Preparation and Data Evaluation 1 1 8 0 24 0 0 $4,175.00 12 Subtotal $200.00 $215.00 $1,120.00 $0.00 $2,640.00 $0.00 $0.00 $4,175.00 13 Total Labor Cost $800.00 $430.00 $1,400.00 $0.00 $3,960.00 $1,050.00 $400.00 $8,040.00 14 Total Number of Hours 4 2 10 0 36 10 4 66 1s Total Expenses $16,700.00 16 Total Project Cost r$24,740.00 Notes: 1) Expenses refer to subcontractor costs, laboratory analysis, equipment, materials, and other project related direct costs. 2) For lab cost A -Tech assumed that initially total of 30 samples (1-, 5-, and 10-foot samples from 10 borings) will be analyzed for Metals, TPH, and VOCs as described in the proposal. The unit cost of these analyses is provided in Table A.2 0 A -Tech Consulting, Inc. Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station Item Price Qty Line Tota Site Visit & Report with XRF Analysis $2,255,00/Visit X 1 $2,255.00 Asbestos Bulk Samples (PLM) $15.00/Sample X 50 $750.00 Total $3,005.00 0 A -Tech Consulting, Inc. AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Dudek, ("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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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 as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 11 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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 7 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Joe Monaco, President Dudek 605 Third Street Encinitas, CA 92024 Fax: 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. 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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency 9 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: FDocu Signed by: ,bSt L 4tiLbin aCO Joe Monaco President DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 ,4coRo° CERTIFICATE OF LIABILITY INSURANCE �� 8/28/2023 DATE (MM/DD/YYYY) 8/17/2022 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 such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX Ext : A/C No E-MAIL ADDRESS: kctsu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK 1475107 605 THIRD STREET INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Compmy 20443 INSURER D : ENCINITAS CA 92024 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 16765248 REVISION NUMBER: XXXXXXX 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y GL00146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 A AGE To ENTEA PREM SES Ea occu ante $ 100 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X JECOT- �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP0146329 8/28/2022 8/28/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ XXXXXXX B X UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1000 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXxxXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y WC0146330 8/28/2022 8/28/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION See Attachments 16765248 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92702 AUTHORIZED REPRESENTATIV . , �,a I ACORD 25 (2016/03) © 1988�015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D88FAl02-MA54F89-131327-3941CF5F6548 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer I Add'1 Prem. Return Prem. GL00146311 8/28/2022 1 8/28/2023 8/28/2023 1 37385000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization 2 U RI C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574650 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 8/28/20228/28/2023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 �Ed. 4-84) 1983 National Council on Compensation Insurance. DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 IP7 TECHNICAL PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Calle Arroyo/ San Juan Capistrano, California 92675 DUDE Cover Letter July 26, 2022 Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Subject: Various Environmental Services Dear Mr. Nguyen, The City of Santa Ana (City) requires a qualified environmental consulting firm to provide Environmental Site Assessments (ESAs) and Hazardous Material Surveys for a variety of Capital Improvement Projects. Dudek is well versed in the scope of services included in the Request for Proposal (RFP) and has extensive experience providing on -call consulting services to clients, including municipalities, that are acquiring, redeveloping, and/or responsible for contaminated and potentially contaminated properties. Firm Overview. Founded in Encinitas, California in 1980, Dudek is an employee -owned environmental and consulting firm. We assist public and private clients on a broad range of projects to improve California's communities, infrastructure, and natural environment. From evaluation, planning, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and varying stakeholder interests. Our trained professionals find practical, cost-effective approaches to help you achieve your specific goals. We work to build your trust and confidence in our team, which allows us to offer efficient and effective solutions for the long-term success of your projects. Susan Smith, PG Contract Manager ssmith@dudek.com 951.300.1085 Office: San Juan Capistrano 27372 Calle Arroyo San Juan Capistrano, California 92675 As a mid -sized firm with more than 700 employees, we combine the personal service of our project managers who stay with your project from start to finish, with a breadth and depth of capabilities to meet project requirements. Our project managers are empowered to be problem -solvers with the ability to make decisions in a timely fashion to keep the project moving forward. We are proud of our low employee turnover; our staff's long tenure means that the project manager you see at the bidding stage will likely be with you at project completion. Dudek has a reputation for consistently delivering high -quality projects on time and within budget. With more than 180 on -call contracts throughout the state that provide as -needed environmental engineering, planning, and permitting services, we understand the importance of organization and clear communication. From large water agencies to regional municipalities, we will draw upon decades of experience in managing multiple task orders to ensure all City requests are handled efficiently and cost Various Environmental Services DUDEK effectively. We rise to the challenges of meeting tight timelines, and in doing so, have developed an expertise in critical path management, fast -track scheduling, efficient staffing, and workload management. Dudek's Capabilities. The Dudek team has diverse expertise and experience to conduct the requested services for the City. We have conducted hundreds of ESAs, performed numerous site investigations, and have worked closely for many years with our subconsultant, Aurora Industrial Hygiene (Aurora), on projects involving Hazardous Material Surveys. We evaluate and manage hazardous materials and wastes from a variety of sites, including facilities contaminated with metals, chlorinated solvents, perchlorate, fuel hydrocarbons, perand poly-fluoroalkyl substances, and pesticides. Our scientists and planners evaluate potential risks for current and future land uses. We conduct various studies, including those used to obtain risk -based closure for hazardous waste sites, or to support change -of -use applications, including industrial, commercial, and residential projects. Dudek is characterized by the following strengths, which we will bring to this project: We are proactive. We stay ahead of the curve to avoid surprises from regulatory agencies and stakeholders, or from various issues that may arise during the environmental process. We provide strategic counsel. We draw upon our wealth of experience to advise on environmental issues that may impact cost, schedule, stakeholders and the public, or legal defensibility. We work for you. We make sure our clients are always the first to know information so we can discuss roll -out strategies in advance while respecting required legal notifications. We are strong client advocates who have maintained excellent relationships and reputations with regulatory agencies. Diverse Team of Technical Experts with Experience in Each Aspect of the Scope of Work. The Dudek team includes a deep bench of credentialed environmental engineers, geologists, and hydrogeologists , who have local knowledge and experience.The Aurora team includes experienced and skilled technical staff, including Certified Asbestos and Lead Consultants, California Department of Public Health inspector/risk assessors, Certified Safety Professionals, Certified Microbial Consultants, and professional engineers. Dudek is also proposing the use of trusted subcontractors, such as a geophysical surveyor, drillers, and analytical laboratories to fulfill the scope of work. Our proposal highlights the qualifications and experience of the Dudek team to successfully assist the City and provides client references who can attest to the quality of Dudek's work. We are excited by the opportunity to work with the City of Santa Ana. Our team is ready to serve. Sincerely, Jo onaco President Joseph Monaco is authorized to sign on behalf of Dudek. Contract Manager Various Environmental Services Table of Contents SECTIONS Cover Letter ..................................................... Contract Agreement Statement ...................... Firm and Team Experience ............................ Understanding of Need ................................... Relevant Project Experience and References Scope of Services and Schedule .................... TABLES 1 Key Staff Percentage of Time Devoted to Project................................................................................ 5 2 Project Specific Experience.................................................................................................................11 3 Project Timeline................................................................................................................................... 16 FIGURE 1 Dudek Team Organization.................................................................................................................... 2 APPENDICES A Resumes B Certifications Various Environmental Services Contract Agreement Statement 1. Regarding Section 3 of the agreement, Dudek respectfully requests the ability to request annual rate increases in line with applicable CPI. 2. Dudek respectfully requests the following be added to the end of Section 7 of the agreement: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of the City, provided, however, the Consultant shall be responsible for the City's defense costs to the extent such costs are incurred as a result of the Consultant's negligence, recklessness, or willful misconduct." Various Environmental Services iv Firm and Team Experience The Dudek Advantage At Dudek, we understand that successful reuse/redevelopment of contaminated property requires a team of engineering, geology, and hydrogeology professionals who understand local, state, and federal regulations and are skilled in navigating the nuances of regulatory agencies. We have extensive experience conducting environmental site assessments (ESAs) and investigations, as well as evaluating and implementing remedial alternatives that are appropriate, applicable, and cost-effective. DIVERSE CAPABILITIES AND QUALIFIED STAFF Environmental Site Assessments Dudek geologists, environmental engineers, and scientists have conducted hundreds of Phase I ESAs in accordance with the appropriate ASTM Standard and other applicable regulatory, lender, and client -specific requirements. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. Dudek engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development/redevelopment, land use risk assessments, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. We prepare site -specific risk assessments to evaluate potential Dudek ■ Phase I and Phase 11 ESAs ■ Air, soil, soil vapor, and groundwater sampling ■ Remediation feasibility/ cost analysis ■ Soil, soil vapor, and groundwater remediation ■ Hazardous materials and waste classification and disposal ■ Hazardous Waste Facility permitting ■ Hazardous Materials Business Plans ■ Regulatory agency coordination ■ Spill, Prevention, Control, and Countermeasures Plans Aurora Industrial Hygiene ■ Industrial hygiene ■ Lead and asbestos management ■ Safety and risk management ■ Indoor air quality risks for current and future land use. These studies may be used to obtain risk -based closure for contaminated sites or to support change -of -use applications, such as from industrial to commercial or residential Hazardous Materials Surveys Aurora Industrial Hygiene (Aurora) will perform services related to hazardous materials building surveys. Aurora is a small, woman -owned business enterprise that provides the highest quality industrial hygiene and safety services. Their small size ensures that a Certified Industrial Hygienist will manage all projects, and all field work will be conducted by experienced field -level industrial hygienists who are certified by the State of California as Asbestos Consultants or Site Surveillance Technicians and Lead Inspector/Risk Assessors and Project Monitors. Aurora's staff is specialized in the fields of industrial hygiene, environmental testing, safety, asbestos, lead -based paint, mold inspection and management, indoor air quality, construction safety, OSHA compliance auditing, and training. Various Environmental Services DUDEK Project Team The Dudek and Aurora team will provide the City of Santa Ana (City) with the appropriate skills and experience necessary for the services outlined in the Request for Proposal (RFP). We will be supported by subconsultants and subcontractors who are well -regarded and accomplished in their respective disciplines and bring local, relevant experience. Dudek will serve as prime consultant and be contractually responsible for overall management, quality, and delivery of final products. Figure 1 illustrates the project organization and responsibilities of the Dudek team. Brief biographies for key personnel follow. Focused resumes are provided in Appendix A. Figure 1. Dudek Team Organization CATEGORYI Phase I ESA Audrey Herschberger, PE CONTRACT MANAGEMENT Contract Manager Principal In Charge Susan Smith, PG Glenna McMahon, PE KEY LEADERS: CATEGORYI CATEGORY II Phase II ESA Nicole Peacock, PE, PG, CHG SUBCONTRACTORS Hazardous Materials Surveys Grace Rinck, CIH' Hazardous Waste Utility Clearance/ Drilling Laboratories Management/Disposal Geophysical Surveys BC2 Environmental Eurofins Calscience Belshire ULS Services Inc. Millennium Jones Environmental Land Surveyor Environmental Eurofins EMLab P&K2 Calvada LA Testing' 1 Aurora Industrial Hygiene 2 Category Il Laboratory Various Environmental Services 2 DUDEK KEY PERSONNEL Contract Manager Susan Smith has 20 years' experience in environmental consulting and project management. Her experience is diverse in nature and covers much of the environmental project spectrum, from Phase I ESAs to litigation support for Potentially Responsible Party designation rebuttal. Her project experience includes oil field remediation, gas station investigation and remediation, soil sampling, soil vapor sampling, groundwater sampling, asbestos surveys, lead -based paint surveys and abatement, litigation support investigations, quality assurance and quality control reviews, as well as a large-scale plume characterization study for a former refinery. Representative Project Experience DUDEK Education California State University, Fullerton BS, Geological Sciences Certifications PG, CA No. 9176 OSHA 40—Hour HAZWOPER OSHA Site Supervisor Health & Safety Training RCRA and DOT Hazardous Waste Handler Training First Aid + CPR ■ Project Manager: Commercial Property Phase II ESA, Banning, California ■ Project Manager: Veteran's Resource Center Phase II ESA, Norco, California ■ Project Geologist: Phase I and Limited Phase II ESA, Santa Monica, California Principal in Charge Glenna McMahon has 22 years' environmental consulting and project management experience. She focuses on environmental engineering and hydrogeology, specifically hazardous waste investigation, monitoring and remediation, as well as litigation support. Her project experience includes ESAs; soil, soil vapor, and groundwater sampling and data evaluation; health risk assessments; evaluation, design, and implementation of remedial alternatives; environmental compliance; and third -party evaluation of remediation expenditures. Ms. McMahon manages several projects that involve state or local regulatory oversight Representative Project Experience Education University of Vermont BS, Civil and Environmental Engineering Certifications PE, CA No. 79742 CEM, NV No. 1974 OSHA 40-Hour HAZWOPER OSHA Site Supervisor RCRA and DOT Hazardous Waste Manager Certification Project Manager: Former Manufacturing Facility, Groundwater Monitoring and Remediation, Stockton, California Project Manager: Sewer Force Main Replacement, Site Assessment, Investigation and Hazardous Materials Contingency Plan, City of Chula Vista, California Project Manager: San Diego State University West, Hazardous Materials Evaluation and Survey, San Diego, California Various Environmental Services 3 Phase I ESA Lead Audrey Herschberger is a professional environmental engineer with 14 years' experience in environmental consulting, specializing in regulatory compliance, including stormwater permitting in Oregon, Washington, and California, and federal Spill Prevention, Control, and Countermeasure Plans. Ms. Herschberger's experience includes Phase I ESAs under ASTM E1527-13 and -21; Phase II ESAs underASTM E1903-19; hazards and hazardous material analysis under the California Environmental Quality Act (CEQA); management of small to mid -size environmental sampling, stormwater treatment, and permit compliance projects; and hazardous material management and abatement projects. Representative Project Experience Project Engineer: California Department of Transportation Initial Site Assessments, City of La Canada Flintridge, California Project Engineer: Phase I ESA Peer Review, Phase I ESA and Phase 11 ESA, City of Oxnard, California DUDEK Education Oregon State University BS, Chemical Engineering Certifications PE, OR No. 80505PE 40-Hour HAZWOPER Certification 8-Hour HAZWOPER Refresher 10-Hour OSHA Construction Standards First Aid/CPR Certification Hazardous Waste Basics, Managing Common Wastes Oregon Department of Environmental Quality Professional Affiliations AWMA Pacific Northwest International Section Project Engineer: Hazards and Hazardous Materials Assessment, Orange County Sanitation District, Orange County, California Phase II ESA Lead Nicole Peacock is an environmental engineer and geologist with 23 years' experience. Ms. Peacock performs numerous tasks dealing with hazardous waste investigation and remediation projects, including soil, soil vapor, and groundwater investigation and remediation and litigation support and cost allocation among potentially responsible parties for hazardous waste sites. She also provides services for Phase I and II ESAs, school site assessments, landfill monitoring, environmental compliance, and community relations. Representative Project Experience Education University of California, Los Angeles BS, Civil and Environmental Engineering/Geology Certifications PE, CA No. 68775 PG, CA No. 8553 CHG, CA No. 940 ■ Project Manager: City of Monterey On -Call, Monterey, California ■ Project Manager: City of Orange Phase II ESA, Orange, California ■ Project Manager: City of Hermosa Beach Corrective Action Plan, Hermosa Beach, California Various Environmental Services 4 DUDEK Staff Availability Table 1. Key Staff Percentage of Time Devoted to Project Susan Smith -.Hours Contract Manager Hours Glenna McMahon Principal in Charge Audrey Herschberger Phase I ESA Lead Nicole Peacock Phase II ESA Lead 71 ii Grace Rink' Hazardous Materials Surveys Lead Aurora Industrial Hygiene Various Environmental Services Understanding of Need Category I: Environmental Site Assessments and Investigation Successful reuse/redevelopment of contaminated property requires a team of engineering, geology, hydrogeology, and chemistry professionals; an understanding of local, state, and federal regulations; and familiarity with the nuances of regulatory agencies. Our experts evaluate and manage all aspects of environmental due diligence, cost —benefit analysis, data collection, risk assessment, remediation, and environmental program management. We evaluate and implement remedial alternatives that are cost- effective, time -sensitive, and consider all aspects of risk. We have successfully performed investigation and remediation on commercial and industrial properties, including manufacturing facilities, dry cleaners, automotive shops, oil fields, schools, universities, agricultural sites, hotels, casinos, and renewable energy facilities, as well as residential project sites. Our professionals have conducted hundreds of Phase I ESAs in accordance with the appropriate and applicable ASTM standard. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. We are often asked to evaluate items beyond the ASTM scope for Phase I ESAs, including existing conditions related to hazardous building materials and mold as well as providing information regarding radon, oil and gas wells, and methane zones. Dudek environmental engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. Dudek scientists prepare site -specific risk assessments to evaluate potential risks for current and future land use. These studies may be used to obtain risk -based closure for open hazardous waste sites or to support change -of -use applications, such as from industrial to commercial or residential. While not a part of the requested services for this RFP, Dudek also prepares and performs groundwater modeling, remedial investigation/feasibility studies, remediation, soil management plans, hazardous materials contingency plans, as well as hazardous waste facility permits. This additional experience gives us the foundation to better understand and evaluate data and anticipate future project needs. Dudek understands the importance of quality assurance/quality control (QA/QC). Our QA/QC program consists of senior staff oversight and administrative management. All project deliverables will be independently checked and cross-checked to ensure that the data are accurately represented in each report. We will ensure that all project -related correspondence and project files are maintained and named in accordance with City requirements. Category II: Hazardous Materials Surveys Aurora provides comprehensive asbestos and lead management services that take projects from initial inspection through abatement and clearance testing. Aurora's team consists of Certified Industrial Hygienists, Department of Public Health -Certified Lead Inspectors, Asbestos Consultants, risk assessors, project monitors and designers, and Asbestos Hazard Emergency Response Act asbestos specialists who provide asbestos and lead risk management services as well as other hazardous materials building surveys. Various Environmental Services 6 Relevant Project Experience and References Category I Project Experience Client: City of Anaheim Project Location: Anaheim, California Project Dates: 2021 Client Reference: Jonathan Sanks, jsanks@anaheim.net, 714.765.4117 Key Personnel: Susan Smith Dudek performed an oil spill assessment at a commercial property in Anaheim. A pad -mounted transformer was vandalized, which resulted in the release of transformer oil to asphalt and earthen surfaces. The release was not considered to be an Environmental Protection Agency -regulated Polychlorinated biphenyl (PCB) spill cleanup given that the concentration of PCBs in the transformer oil was below Toxic Substances Control Act criteria. The investigation consisted of sampling asphalt and soil samples within the spill area to determine the extent of the spill and identify additional areas of impact. Concentrations of PCBs detected were well below regulatory screening levels; no additional investigation was recommended. Client: City of Monterey Project Location: Monterey, California Project Dates: 2016-2022 Client Reference: Antonio Hernandez, ahernandez@monterey.org, 831.646.3923 Key Personnel: Nicole Peacock, Susan Smith Dudek has two on -call contracts with the City of Monterey; one for planning (since 2016) and one for hazardous materials (since 2019). Our environmental and planning services contract has completed 25 work orders for the Planning and Engineering offices. Our hazardous materials contract has included hazardous materials consulting for a utilities project and waste management consulting for several projects. For the utilities project, Dudek assisted the City with preparation of a Soil and Groundwater Management Plan (Plan). The City submitted the Plan to potential construction bidders on the Franklin Street Utilities Project to ensure that the construction work and environmental work were aligned. Dudek reviewed the construction plans to identify potential environmental concerns based on the depth and location of the proposed trenching. Dudek collected soil samples from potholes along the proposed trench alignment, coordinated with disposal facilities, and provided the City with a map identifying the planned disposal facility by station. Dudek also collected groundwater samples to assist with waste management during dewatering. Various Environmental Services 7 DUDEK Client: City of Santa Monica Project Location: Santa Monica, California Project Dates: 2017-2019 Client Reference: Rachel Kwok, rachel.kwok@santamonica.gov, 310.458.8341 Key Personnel: Glenna McMahon, Susan Smith Dudek prepared a Phase I ESA for the 15.5-acre Santa Monica City Yard property as part of the due diligence process for the Environmental Impact Report (EIR). The project involved proposed reconstruction of the Santa Monica City Yards, which included demolition of existing buildings, excavation activities, and construction of new buildings. The Phase I ESA identified RECs associated with groundwater impacts from an adjacent gas station and potential presence of tetrachloroethylene in deep groundwater from a regional plume. The Phase I ESA also identified a controlled REC (i.e., the presence of a former landfill on the subject property) and a historical REC (i.e., former underground storage tank [UST] releases). The report was prepared in accordance with ASTM Standard and the All Appropriate Inquiries Rule. Dudek conducted a Phase II ESA for the project to evaluate the RECs identified in a Phase I ESA. The Phase 11 ESA investigation was focused on the former aircraft/missile manufacturing and leaking UST areas; additional sample points were advanced near the perimeter of the property to evaluate potential impacts from the regional groundwater plume. The Phase II ESA investigation consisted of a geophysical survey, and soil and soil vapor sample collection and analysis. Soil samples were analyzed for metals and soil vapor samples were analyzed for gasoline range organics and volatile organic compounds (VOCs). Client: City of Chula Vista Project Location: Chula Vista, California Project Dates: 2017-2020 Client Reference: Alan Reyes, areyes@chulavistaca.gov 619.407.3588 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek evaluated a Public Works project for Conditional Exemption for the CEQA process. Dudek conducted an ESA and subsequent Phase I I ESA (groundwater and soil investigation) to determine the extent of impacts to the project area from adjacent contaminated sites. Following the evaluation of the data collected during the Phase II ESA, Dudek prepared a Hazardous Materials Contingency Plan (HMCP) detailing known impacts and outlining plans for management of contaminated materials during construction process. Dudek also assisted the City with determining a process for obtaining a dewatering permit. Dudek recently conducted a new Phase I ESA and revised the HMCP for the expanded project area. Dudek is scheduled to conduct monitoring for the City during the construction process. Various Environmental Services 8 DUDEK Category I and II Joint Relevant Project Experience Client: San Diego State University Project Location: City of San Diego Project Dates: 2018-2020 Client Reference- Michael P. Masterson, Gatzke Dillon Balance, mmasterson@gdandb.com 760.431.9501 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek completed work for the San Diego State University (SDSU) Mission Valley Campus Master Plan, which included preparation of the CEQA hazards and hazardous materials evaluation and demolition of Qualcomm Stadium for future construction of a new stadium, student housing, campus/office buildings, a park, and trolley transit center. The hazards and hazardous materials impact analysis was multifaceted and included the following: ■ Evaluation of regulatory records for on -site and surrounding hazardous material releases ■ Review of the use of explosives for demolition of the existing stadium ■ Review and analysis of a release and cleanup action occurring on the project site due to the adjoining Kinder Morgan Mission Valley Terminal (MVT) ■ Analysis of potential impacts associated with MVT petroleum pipelines transecting the project site. Mitigation required safety measures and cooperation with Kinder Morgan ■ Review and analysis of the active Cleanup and Abatement Order issued to MVT which required monitoring wells to remain on the project site in active working order. Mitigation required a well decommissioning/protection plan ■ Analysis of potential vapor intrusion due to on -site contamination and mitigation for future residential site use ■ Coordination and management of a hazardous materials survey, which was conducted by Dudek's subcontractor Aurora. ■ The survey was conducted based on Dudek's findings in the EIR and recommended mitigation. Dudek served as project manager and provided a direct line of communication between Aurora and SDSU and its contractor, reviewed the hazardous material surveys and work products, coordinated on -site activities, and ensured the work completed would meet the requirements set forth in the EIR mitigation. Aurora also prepared specifications for abatement of the hazardous materials Various Environmental Services E DUDEK Category II Relevant Project Experience Client: Housing Authority City of Los Angeles Project Location: Public Housing Residential Properties Project Dates: 2002—Ongoing Client Reference: Eric Tellez, eric.tellez@hacla.org, 213.252.4290 Key Personnel: Grace Rinck, Matthew Froehlich, Robert Rinck Since 2002, Aurora has been under contract with the Housing Authority City of Los Angeles. In the time, they have written specifications and work plans; conducted industrial hygiene investigations from noise, metals, and silica monitoring to indoor air quality and asbestos and lead; and provided training to over 600 employees at the different residential campuses. They have conducted full residential interior and exterior inspections with subsequent air monitoring and clearance sampling. In 2017, Aurora personnel conducted an exterior inspection of 62 multi -residential buildings located at the Pueblo Del Rio campus. Aurora personnel then wrote the specification and produced the work plan for the one-year asbestos and lead window remediation project. The project (September 2016—November 2017) required asbestos and lead air monitoring, visual and surface clearances, and delivery of samples to the laboratory. Lead surface results were rushed and reported to the client on a daily basis so that residents could return to their units within one workday. In 2021-2022, Aurora conducted asbestos/lead testing at 1066 Units at the Nickerson Gardens campus. Client: Los Angeles County Department of Public Works/Internal Services Department Project Location: 900 South Fremont Avenue, Alhambra, California Project Dates: 2002—Ongoing Client Reference: Luana Enriquez, lnriquez@dpw.lacounty.gov1626.458.5943 Key Personnel: Grace Rinck, Gloria Chan, Matthew Froehlich, Robert Rinck Since 2002, Aurora has provided as -needed environmental testing and consulting services, documentation and training, and abatement oversight. The contract is through Los Angeles County Internal Services Department but can be and is utilized by other departments, including the Department of Public Works and the Department of Health Services. In December 2021, Aurora conducted an asbestos inspection, wrote the South Coast Air Quality Management District Procedure 5 asbestos removal plan, and provided inspection/monitoring and clearance services for a project at the County's headquarter building. All work was completed during holiday weekends in November and December. Various Environmental Services 10 DUDEK PROJECT -SPECIFIC EXPERIENCE Table 2: Project Specific Experience. Below are some municipal clients that Dudek has worked with and some of the services the Dudek Team has provided. City of Anaheim is CL . � : X X X 0 cEc City of Calexico X X City of Carmel X City of Carson X X X City of Chula Vista X X X X City of Compton X X X X City of Encinitas X X City of Fontana X X X City of Gonzales X City of Hermosa Beach X X City of Lake Forest X City of Monterey X X X City of Napa X City of Ontario X X City of Orange X X X City of Palm Springs City of Pomona X X X X City of Redondo Beach X City of San Diego X X X X City of San Marcos X City of Santa Barbara X X City of Santa Cruz X X City of Santa Monica X X X City of Seal Beach X X City of Vallejo X City of Vista X X X X X Various Environmental Services 11 Scope of Services and Schedule Category Phase I ESAs identify concerns on a property related to hazardous or potentially hazardous substances. Our Phase I ESAs are prepared in accordance with the ASTM Standard Practice for ESAs: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage, and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: • Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the sites or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review records maintained by local regulatory agencies, including the fire department, health department (Certified Unified Program Agency), building department, Regional Water Quality Control Board, and Department of Toxic Substances Control (DTSC) • Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directories • Review previous environmental investigations, soil sampling reports, or remediation plans as provided by the City • Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Conduct a search of environmental liens and activity use limitations for the project assessor's parcel number (if applicable) ■ Interview the owner(s) and/or site representative(s) regarding the environmental history and background of the site The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM Standard, the report will list RECs identified for the site, as well as historical RECs, controlled RECs, and significant data gaps. If the findings of the Phase I ESA indicate a potential impact of hazardous wastes or materials on the site, Dudek will include recommendations for further assessment and/or investigation (e.g., Phase II ESA). 1 ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various Environmental Services 12 DUDEK If requested by the City, the following non-ASTM items can be evaluated as part of the Phase I ESA: ■ Asbestos -Containing Materials. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if asbestos containing materials are present. ■ Lead -Based Paint. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if lead -based paint is present. ■ Mold. Dudek can conduct a cursory visual assessment of accessible areas to determine if mold is present. ■ Radon. Dudek will evaluate existing local/regional data from the Environmental Protection Agency (EPA). ■ Methane Zone. Dudek will determined if the site is within a methane zone based on publicly available data. While the scope of work for a Phase II ESA can vary from site to site, the main components are described as follows. All work plans, work, and reports will be prepared/performed in general accordance with ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process E1903-19 under the direct supervision of a professional engineer or professional geologist. Work Plans Site -specific work plans or field sampling plans will be prepared for each investigation. Each work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. The draft work plan will be submitted to the City for review. Work will not commence until the work plan is approved by the City. Health and Safety Plan Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the California Code of Regulation (CCR) Title 8 Section 5192 (Hazardous Waste Operations and Emergency Response), CCR Title 8 Section 3202 (Injury and Illness Prevention Plan, and OSHA regulation 29 Code of Federal Regulations 1910.120. Surface Geophysical Investigations Dudek will partner with ULS CA, Inc (ULS) for geophysical investigations and utility surveys. ULS will utilize various non-invasive tools and techniques (ground penetrating radar, electromagnetic, metal detectors, seismic refraction, and magnetometers) to identify potential subsurface utility conflicts, buried tanks, drums, sumps, and other anomalies that may help guide a Phase II investigation. The results of geophysical investigations will be presented in a standalone report or incorporated into a Phase II ESA report. Various Environmental Services 13 DUDEK Soil Gas Survey Soil gas surveys are a useful tool to identify and evaluate potential impacts at a site. A direct push drill rig is typically used to advance boreholes to the targeted subsurface depth. Dudek will partner with Millennium Environmental, Inc. for direct push and sub -slab drilling services. Following borehole advancement, temporary soil vapor probes will be constructed in accordance with the DTSC Advisory — Active Soil Gas Investigations. Probe inlets will be placed in sand, topped with dry granular bentonite, then sealed with hydrated bentonite chips. Each probe will be allowed to equilibrate for a minimum of two hours prior to sampling. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the DTSC Advisory. Dudek will partner with Jones Environmental Laboratories, Inc. (Jones), to provide mobile and stationary analytical services for soil gas samples. Dudek will ensure that the laboratory reporting limits will meet the project objectives. At the end of the sampling event, all soil boring locations will be resurfaced matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. The findings of the soil gas survey will be presented in a standalone report or incorporated into a Phase II report. Drilling Dudek will provide support for the permitting, drilling, installation, development, and sampling of deep borings and groundwater monitoring wells. Dudek will partner with BC2 Environmental for hollow -stem auger, mud rotary, air rotary, and sonic drilling services. The drilling methods previously described provide capabilities to drill through various media, including consolidated and unconsolidated sediments, rocks, asphalt, concrete cement, and waste materials. Each boring will be logged using ASTM Standard D2488-09a—Standard Practice for Description and Identification of Soils (Visual — Manual Procedure). Boring logs will also include descriptions of the lithologies and grain sizes, color, moisture content, cohesive characteristics, odors, and any other pertinent information (e.g., blow counts, photoionization detector readings, anthropogenic materials, etc.). The subsurface lithologies will be used to determine the well screen slot size and filter pack materials best suited for the site. Wells will be constructed in accordance with the Department of Water Resources (DWR) California Well Standards Bulletins. Groundwater monitoring wells will be developed at least 24 hours following the completion of construction. The drilling activities, including permits and DWR documentation, will be presented in a standalone report or incorporated into a Phase II ESA report. Sampling The media to be sampled at a site (air, soil, soil vapor, and/or groundwater) is dependent on the type of contamination present or suspected. The work plan/field sampling plan will outline the suspected concerns and include proposed sample locations, media, sample depth(s), and targeted analytes. All sampling will be performed in accordance with applicable regulatory protocols and/or standard industry practices. For example, soil samples to be analyzed for volatile components (e.g., gasoline -range hydrocarbons and VOCs) will be collected in accordance with EPA Method 5035. Dudek will ensure that the samples for all media (soil, soil vapor, or groundwater) are placed in proper containers and that the laboratory reporting Various Environmental Services 14 DUDEK limits will meet the project objectives. The findings of the sampling will be presented in a standalone report or incorporated into a Phase II report. Laboratory Analysis Dudek will partner with Jones and Eurofins Calscience to provide laboratory analytical services. Both labs are certified by the California Environmental Laboratory Accreditation Program. Eurofins Calscience is also certified by the National Environmental Laboratory Accreditation Program and American Industrial Hygiene Association Laboratory Accreditation Program. All laboratory analyses will be performed in accordance with applicable EPA Methods and Contract Laboratory Program protocols. Any deviations from the EPA Methods will be documented. All samples will be collected in laboratory -supplied containers with proper preservative, properly labeled (unique sample number, date, time, site name, sampler name, and requested analysis), logged on a chain -of -custody, placed in an ice -chilled cooler, and transferred to the laboratory by field personnel or via laboratory courier. Aurora will partner with LA Testing/EMSL and Eurofins EMLab P&K for asbestos, lead, and mold laboratory analytical services. Reports Reports will include a statement of the objective, site background information, description and rationale for the investigation, deviations, methods used, data evaluation and comparison to regulatory screening levels, data interpretation, figures, tables, laboratory analytical reports, and any additional supporting information. Reports will be prepared under the direct supervision of a professional engineer or professional geologist. Agency Coordination Dudek will coordinate with local and state officials, as necessary, to facilitate project objectives. Coordination with agencies may include obtaining permits for subsurface investigation work, coordinating field work schedules on public properties, and entering into a voluntary oversight agreement to ultimately obtain certified regulatory closure. Dudek will not contact any property owners, regulatory agencies, or other entities without expressed permission from the City. Category II Hazardous Building Materials Surveys Aurora will survey and test buildings, storage vessels (tanks, containers, drums, etc.), and stored materials for the presence of hazardous waste or materials. The survey and testing may include visual inspection for the presence of suspected lead -based paint (LBP) and asbestos -containing materials (ACM), identification of potential PCB -containing equipment and materials, identification of universal waste, contents of materials stored in vessels, and assessment of buildings where hazardous materials or wastes are stored. Surveys typically consist of the collection and submittal of samples from homogeneous areas for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence technology; paint chips of damaged areas may be collected for laboratory confirmation. Depending on the constituents of concern, additional sampling may be performed to categorize other waste materials at a site (universal waste, PCBs, etc.) Various Environmental Services 15 DUDEK California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, Aurora will submit the Form 8552 to the state, with a copy submitted to the City. The findings of the survey, whether it be visual or include laboratory analysis, will be presented in a standalone report or incorporated into a Phase I or II ESA report. Aurora has also supported Dudek projects with the preparation of abatement specifications for construction bids and monitoring during demolition/renovation Table 3. Project Timeline Phase I ESA Database Search, Site Reconnaissance, 2 weeks Agency Interviews, Historic Records Review Report Preparation and Submittal 2 weeks Phase 11 ESA Work Plan Preparation, Commission 2 weeks Review, Health and Safety Plan Preparation Field Activities and Data Evaluation 2-4 weeks Commission Review 1 week Report Submittal 1 week Hazardous Materials Building Survey and Sampling 1 week Surveys Report Preparation and Submittal 3 weeks Various Environmental Services 16 DUDEK Site Investigation and Remediation/Removal Action Groundwater Monitoring and Reporting, Former Battery Recycling Facility, Los Angeles, California. Performed quarterly groundwater monitoring and reporting under Department of Toxic Substances Control (DTSC) oversight at the former battery recycling facility. Additional tasks included oversight of well redevelopment and evaluation of pressure transducer data and groundwater elevation trends. Newport Beach Aerospace Facility Studies, Raytheon Systems Co., Newport Beach, California. Performed two pilot studies at a Newport Beach facility contaminated with chlorinated solvents. Implemented in situ chemical oxidation using potassium permanganate, and enhanced in situ bioremediation by injecting ethanol as an electron donor for existing bacteria. Solvent Release Source Evaluation and Investigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, San Diego, California. Conducted a subsurface investigation at a solvent release site in Sorrento Valley. Prepared work plans and sampling reports for submittal to the County of San Diego Department of Environmental Health under the County's Voluntary Assistance Program. Oversaw the installation and sampling of groundwater monitoring wells and soil vapor probes. Requested case closure based on human health risk assessment and groundwater monitoring data. Former Aerospace Facility Investigation, San Diego, California. Conducted soil, soil vapor, and indoor air sampling at a former aerospace facility that had been redeveloped for commerical use. Currently overseeing modifications to the indoor air flow as a first attempt to lower indoor air VOC concentrations. Pump and Treat Facility, Kearney — KPF, Stockton, California. Performed quarterly groundwater monitoring at a chlorinated solvent and 1,4-dioxane-contaminated site in Stockton. Installed groundwater monitoring wells. Prepared groundwater monitoring reports and a Feasibility Study for site remediation. Rush Truck Centers Site Investigation, TerraGraphics Environmental Engineering, Escondido, California. Conducted a site investigation at a former truck maintenance facility. Removed a clarifier and surrounding petroleum -impacted soil for off -site disposal. Closed an outdoor sump. Conducted a soil vapor survey and human health risk evaluation. Obtained case closure from the County. Pacific Honda Groundwater Monitoring, San Diego, California. Conducted groundwater monitoring and soil vapor sampling at the gasoline -impacted service site. Conducted free product removal. Prepared a Corrective Action Plan and received case closure from the County of San Diego. Former Petroleum Refinery Environmental Consulting, Confidential Client, Ventura County, California. Managed waste removal during petroleum refinery decommissioning under EPA oversight. Conducted soil sampling and removal of petroleum hydrocarbon -impacted soil and polychlorinated biphenyl (PCB) -impacted soil. Removed a former oil UST under County oversight. Soil Sampling and Ecological Risk Assessment for Wetlands Mitigation Site Planning Project, San Diego County Water Authority (SDCWA), California. Conducted soil sampling and an ecological risk evaluation for a former agricultural field for the SDCWA wetland mitigation banking project. Prepared reports for submittal to the RWQCB and attended meetings with the RWQCB to discuss the results of the investigation. Marley Monitoring Reports, SPX Cooling Technologies, Stockton, California. Prepared a groundwater monitoring report and a Five Year Review for a metals -impacted site in Stockton. DUDEK Carlsbad Municipal Golf Course Lead Sampling, City of Carlsbad, California. Conducted lead sampling at a former police shooting range using x-ray fluorescence (XRF) and laboratory confirmation. Oversaw remediation of the lead -contaminated soil. NAS North Island SWMU 87 SI, San Diego, California. Served as project manager for the environmental investigation of a suspected former wash area at NAS North Island believed to be contaminated with pesticides. Coordinated the site investigation, including historical research and soil and groundwater sampling; coordinated and prepared the analytical data set for risk assessment; reviewed the risk assessment results and the comparison of data to water quality objectives with DTSC, RWQCB, and the client; and completed the SI report. Inglewood Former Oil Field, Irell & Manella, LLP, Inglewood, California. Investigated total petroleum hydrocarbon contamination at a site in Inglewood by conducting soil sampling and research. Based on the site investigations, excavated and treated (off site) approximately 1,000 tons of contaminated soil in order to prepare the site for a transfer of ownership. The excavation was conducted under Air Quality Management District oversight. NAS North Island Solid Waste Management Unit (SWMU) 132 Site Investigation (SI), San Diego, California. Served as project manager for the environmental investigation of a NAS North Island site contaminated with metals including arsenic and lead. Coordinated the site investigation, conducted soil and groundwater sampling, coordinated and prepared the analytical data set for risk assessment, and completed the SI. Helped plan an interim remedial action involving removing a layer of metals debris and soil. Coordinated meetings with DTSC and the RWQCB and received regulatory concurrance with no further action following the interim remedial action. Groundwater Management Plan, Rainbow Municipal Water District, Rainbow and Fallbrook, California. Prepared a Groundwater Management Plan for Rainbow Municipal Water District. Litigation Support Groundwater Contamination Litigation Support, Torrance, California. Prepared a Declaration regarding trichloroethylene (TCE) contaminated groundwater originating from an adjacent site in Torrance, California. Evaluated groundwater flow directions, concentration trends, and historical uses at the site and the adjacent former industrial site. Litigation Support for Omega PRP Evaluation, Whittier, California. Presented historical site use information, soil, soil vapor, and groundwater data, as well as groundwater flow direction information to the EPA for an Omega Operable Unit 2 PRP. Site contamination included tetrachloroethylene (PCE). Whittaker Bermite Site, Santa Clarita, California. Participated in settlement mediations allocating remediation costs associated with perchlorate and volatile organic compound (VOC) contamination at the Whittaker Bermite site. Litigation Support for Water Discharge Investigation, San Diego, California. Provided litigation support, oversaw installation and monitoring of groundwater wells, and oversaw slug tests and pump tests for a site in San Diego with increasing groundwater elevations and seepage. Superfund Site Litigation Support, Rialto, California. Provided litigation support for a Goodrich Superfund Site PRP. Site contamination included perchlorate. DUDEK Solvent Plume Litigation Support, Placentia, California. Provided litigation support for a multiparty solvent plume in Placentia. Activities included evaluation of existing data, installation of monitoring wells, aquifer tests, and a search for additional PRPs. Baldwin Park Operable Unit Litigation Support, Azusa, California. Conducted soil vapor and groundwater sampling. Provided litigation support for a PRP in the Baldwin Park Operable Unit of the San Gabriel Valley Superfund Sites. Site contamination included VOCs. Plating Shop Removal Action and Litigation Support, Fullerton, California. Removed plating shop waste liquids and solids under EPA oversight. Conducted soil and concrete sampling following the waste removal. Prepared a Waste Removal Completion Report for submittal to EPA and local agencies. Participated in a settlement mediation among PRPs for VOC-contaminated groundwater remediation costs. Environmental Compliance Spill Prevention, Control, and Countermeasure (SPCC) Plan, Helix Water District, El Cajon, California. Prepared an SPCC Plan for the Helix Water District Operations Center. SPCC Plans, First Solar Electric Inc., Imperial County, California. Prepared Hazardous Material Business Plans (HMBPs) and SPCC Plans for 3 solar facilities. Risk Management Plan (RMP), Rancho Pauma Mutual Water Company, Pauma Valley, California. Prepared a RMP and a subsequent RMP Update for the Water Company's chlorination facilities. Oceanside Sprinter and Escondido Rail HMBP, North County Transit District, San Diego County, California. Prepared HMBPs and SPCC Plans for bus and train maintenance facilities. Audits for Groundwater Monitoring Sites, Stockton, California. Performed an internal audit of groundwater monitoring activities at two sites based on compliance with the RCRA permit, RWQCB Waste Discharge Requirements, and sampling guidance. Landfill Studies BKK Class I Landfill Evaluation and Cost Allocation, Waste Management Recycling and Disposal Services, West Covina, California. Evaluated leachate, landfill gas, and groundwater data, as well as disposal records for the BKK Landfill to assist in remedy selection and cost allocation. Participated in cost allocation discussions and prepared a cost allocation model for the PRPs at the BKK Landfill. Palm Springs Landfill Remediation Oversight Project, City of Palm Springs, California. Conducted inspections of the former Palm Springs City Landfill. Observed the landfill remediation to identify any deviations from the Remedial Action Plan approved by DTSC. Corona Property Inert Landfill Investigation, Private Developer, Corona, California. Conducted soil, fill material, and surface water sampling to characterize landfill material prior to excavation and relocation of the material for redevelopment. Coachella Landfill Closure, City of Coachella, California. Produced a closure and maintenance report for a former landfill in Coachella, California, which included a plan for landfill inspections, monitoring, and maintenance. DUDEK Landfill Post -Closure Maintenance, San Diego and Warner Springs, California. Served as project manager on landfill monitoring and post -closure maintenance sites on Naval Air Station (NAS) North Island and Survival, Evasion, Resistance and Escape Camp in Warner Springs, California. Performed groundwater sampling and water quality evaluation. Updated the post -closure maintenance plan and wrote an annual post -closure maintenance report for each site. NAS North Island Landfill Methane Monitoring, San Diego, California. Performed methane monitoring at a landfill monitoring site on NAS North Island. Coordinated installation of a methane detection system and calibrated it. Community Relations Fact Sheet, San Diego, California. Prepared a fact sheet regarding soil excavation on NAS North Island and transportation through the City of Coronado, California. Public Meetings, San Diego, California. Participated in several Restoration Advisory Board meetings in Coronado city. Presented status updates on several NAS North Island remediation and investigation activities to the community. Information Repository, San Diego, California. Provided oversight for maintenance of the NAS North Island information repository. E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT ONE SECTION EFOR EACH KEYPERSON.) (COMPLETE 12. NAME 13. ROLE IN THIS CONTRACT 14. Years' Experience a. Total b. With Current Firm 24 Grace M. Rinck, CIH Certified Industrial Hygienist 31 15. FIRM NAME AND LOCATION CITY AND STATE Aurora Industrial Hygiene, South Pasadena and San Diego, California 16. EDUCATION DEGREE AND SPECIALIZATION 17. CURRENT PROFESSIONAL REGISTRATION STATE AND DISCIPLINE B.S. Physical Chemistry, UCLA, 1986 Certified Industrial Hygienist (CIH), 1994 M.A. Science Education, California State University Northridge, 1988 California Certified Asbestos Consultant, 1993 ® Accredited College or University California Certified Lead Inspector/Risk Assessor/Monitor 1997 18.OTHER PROFESSIONAL QUALIFICATIONS PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC. Professional Affiliations American Industrial Hygiene Association (AIHA) Diplomat, American Academy of Industrial Hygiene (AAIH) Governmental Affairs Officer, South California Local AIHA Board Member, California Industrial Hygiene Council Ms. Rinck has been practicing industrial hygiene for 28 years. Her experience includes developing compliance programs, writing health and safety programs and specifications, and inspecting and evaluating construction and hazardous material projects. She specializes in training and education, having conducted employee health and safety training on the full spectrum of topics, including but not limited to respiratory protection, proper use of personal protective equipment, substance specific hazard communication, bacterial and fungal contamination, confined space, lead, and asbestos. As a former teacher, she has a reputation of providing in depth training classes that are specific to the client's needs and has been praised often regarding her outstanding abilities in the classroom. Public clients include the County of Los Angeles Departments of Public Works and Internal Services, Southern California Metropolitan Water District, the Housing Authority of the City of Los Angeles, The Cities of Pasadena, and Los Angeles, and Los Alamitos School District. She was on the advisory board for the Los Angeles Section of the American Indoor Air Quality Council (AmIAQ), a professional corporation devoted to the collection and dissemination of indoor air quality (IAQ) information to its members and promoting awareness and education on IAQ issues, for eight years and is currently serving as a board member on the California Industrial Hygiene Council. Her experience in risk communication has been very helpful in adversarial situations where a client needs someone to disseminate information to employees in both large and small group settings. 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (CITYAND STATE (2) YEAR COMPLETED VETERAN'S ADMINISTRATION, WEST Los ANGELES, CALIFORNIA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Aurora is most recently providing a wide range of industrial hygiene services for the VA greater Los Angeles Healthcare system a. (VA GLAHS). Responsibilities include safety training, risk assessments, indoor air quality assessments, environmental sampling, ergonomic evaluations, laser, and other electromagnetic radiation safety, confined space entry reviews, lockout/tagout, CEOSH 3E database management, safety data sheet maintenance, asbestos, lead, mold surveillance and survey work, air monitoring and any other as needed services. Cost of services is approximately 10K/month. Role: Certified Industrial Hygienist. Cost: Approximate) $ 10,000 per month. Dates: 01/2017 — 07/2019 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED b. Departments of Public Works, Internal Services, Department of Health Services and Department of Public Health, County of Los Angeles PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 3/2013) PAGE 1 Provides both scheduled and on -call emergency industrial hygiene services to the County of Los Angeles, since 2000 at County owned and managed facilities throughout the 400 square miles that comprise the County of Los Angeles. Has and continues to provide training in confined space, hearing conservation, respiratory protection, fall protection, construction safety, HAZWOPER and first responder, lead, asbestos, mold, and industrial hygiene. Reviews health and safety procedures and assists the county in developing safe work procedures at both routine — traffic painting, guardrail removal, sewer and water line maintenance to the unusual — well maintenance, downstream dam control painting, flood control bacteria safety protocols, and even drug investigations. Facility inspections have ranged in size from entire dams to sheds. Provides indoor air quality inspections in office buildings, measured a diverse number of environmental hazards, including bacteria, mold, asbestos, lead, heavy metals, pesticides, organic compounds, noise, and non -ionizing radiation. Over the last ten years, Ms. Rinck has reviewed contractor HASPs for construction projects at Big Tujunga, San Gabriel, and San Dimas dams as well as smaller projects like the Blanchard Slope reformation project and construction projects at county maintenance, water works, sewer, flood maintenance and office buildings. Every year, she conducts asbestos training, which includes respiratory fit testing, for the 300+ Internal Services Department tradespersons who maintain the county owned buildings, as well as Department of Public Works Flood, Road, and Maintenance personnel. Role: Project manage . Cost: Varies. Dates: 01/2013 — ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Housing Authority City of Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION (IF APPLICABLE) ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Ms. Rinck has been an industrial hygiene consultant under contract with HACLA since 2005. During that time she has assisted C. the agency by providing a full range of asbestos and lead services, as well as general industrial hygiene. Tasks have included asbestos and lead specification writing, managing asbestos and lead inspections — office buildings, and multi -unit residential, project management for asbestos and lead abatement and lead stabilization oversight and monitoring, personnel exposure assessments as well as writing operations and maintenance plans and providing Housing Authority personnel with training. In 2013, Ms. Rinck provided initial Asbestos Operations and Maintenance Training and respiratory fit testing for over 150 employees. Role: Project manager. Cost: Varies. Dates: 01/2012 - ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, AMEC Geomatrix, Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION(IFAPPLICABLE) 2010 x (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Provides industrial hygiene support services for large scale industrial site remediation and demolition projects. Projects have included personnel and environmental air monitoring for pesticides, solvents, particulates and heavy metals, and facility hazardous materials inspections In December of 2010, Aurora Industrial Hygiene conducted a hazardous materials inspection (asbestos, lead, PCBs, and other hazardous materials (OHM) for over 20 buildings and structures at the Port Authority of Guam located at Apra Harbor as part of the development of a container terminal port. Role: Project manager. 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Waterstone Environmental, Anaheim, CA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2012 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm e. Responsible for providing as -needed industrial hygiene services and consultation. Services have included both environmental and personnel monitoring during abatement of contaminated soil for projects for LAUSD school expansion and construction projects. Conducted work site, perimeter, hazard zone and personnel monitoring for pesticides, heavy metals, volatile organic compounds and particulates as well as recording environmental conditions for worker safety. Role: Project manager. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 3/2013) PAGE 1 DUDEK Proposal Title A-2 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, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part 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 may 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 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: 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 an 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 Dudek Signed and Printed Title President/CEO Date July 25, 2022 f� City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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: V President/CEO Firm: Dudek Date: July 25, 2022 City of Santa Ana RFP Page A3-4 f BUDGET PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Ca Ile Arroyo/ San Juan Capistrano, California 92675 DUDE K Sample Project Budgets In an addendum to the RFP, the City requested sample budgets as well as the following information for two specific property addresses: ■ Brief description of methods of inspection ■ Sample collection and lab analysis ■ Report sections ■ Any other necessary tasks Presented below by property address is Dudek's assumed scope of work, approach to the project, and estimated costs. Sample Project: 2245 S. Halladay Street 'PROJECT SCOPE The property located at 2245 S. Halladay Street consists of one approximately 0.1-acre parcel of land on Assessor's Parcel Number (APN) 016-105-19. According to information reviewed during the preparation of this scope, the earliest available historical source shows that the property was undeveloped land in 1946. By 1952, a house was constructed on the property, which privately owned. If the City plans to acquire the property, Dudek recommends that a Phase I ESA be conducted during the due diligence period of the transaction. In addition, based on the age of the structure, it is anticipated that a hazardous materials building survey will be necessary prior to demolition or redevelopment; this can be completed during the due diligence period or after the property transfer has been completed. Phase I ESA The Phase I ESA will be prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: ■ Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review relevant records maintained by local regulatory agencies, including the Regional Water Quality Control Board, Department of Toxic Substances Control, Orange County Health ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various Environmental Services Sample Project Budgets DUDEK Care Agency, Fire Department, California Geologic Energy Management Division, and the building department ■ Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directory listings ■ Conduct a search of environmental liens and activity use limitations for APN 016-105-19 ■ Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Interview the owner(s) and/or site representative/manager regarding the environmental history and background of the site ■ Non-ASTM scope items, including visual observations of conditions related to lead -based paint and asbestos -containing building materials, evaluation of local radon data, and review of methane hazard zones The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM standard, the report will list RECs identified for the site, as well as historical RECs and controlled RECs. Based on the project assumptions previously presented, the Phase I ESA will identify potential impacts of hazardous wastes and materials on the site and include recommendations for further assessment and/or investigation. The Phase I ESA will be prepared under the direct supervision of an environmental professional, as defined in the ASTM Standard. Hazardous Materials Building Survey Based on the age of the structure, lead -based paint and (LBP), asbestos -containing materials (ACM), and other hazardous building materials may be present. Aurora Industrial Hygiene (Aurora) will perform a survey to identify LBP, ACM, and any other hazardous building materials. The survey assumes that samples of homogeneous areas will be collected and submitted to a laboratory for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence (XRF) technology; paint chips of damaged areas may be collected for laboratory confirmation. Aurora assumes that the survey and sampling will take place over one day. Aurora assumes that there will be no more than 30 ACM samples and no more than 5 LBP samples collected for this project. This estimate is based on assessment of one approximately 1,500-square-foot building. The assessment will include indoor and outdoor components of the building. Aurora assumes that all areas are readily accessible, that a 12-foot ladder will be sufficient to access the structure, and that the roof is safely accessible. Aurora will make every effort to minimize damage to building materials; however, asbestos sampling by nature is destructive. Neither Aurora nor Dudek are responsible for repairs or damage to substrates sampled. Inspectors carry roofing mastic and interior caulking for limited repairs to sampled surfaces. California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, the industrial hygiene contractor will submit the Form 8552 to the state, with a copy submitted to the City, as required. Estimated costs for the aforementioned scopes of work is presented in Table 1. Various Environmental Services Sample Project Budgets 2 DUDEK Table 1. Scope of Work Estimated Costs 2245 S. Halladay Street Phase I ESA Dudek Labor $6,120 Other Direct Costs (records searches, environmental lien and activity use limitation search, mileage for site visit) $810 Subtotal Hazardous Labor $6, 930 $2,240 Vendor $525 Other Direct Costs (XRF meter) $350 Subtotal $3,115 PROJECT TOTAL $10,045 Sample Project: 2245 S. Main Street PROJEt, i- SCOPL The property located at 2245 S. Main Street consists of one approximately 0.27-acre parcel of land on APN 403-141-08. According to information reviewed during the preparation of this scope of work, a gas station formerly operated on the site and a release of gasoline was reported in 1988. Impacts to soil and groundwater were reported at the site; monitoring and remediation efforts were performed for several years. By 2019, the underground storage tanks had been removed from the property and the gas station was demolished. The site was granted regulatory closure under the State Water Resource Control Board's Low -Threat Closure Policy in March 2022 with the caveat that if the land use changes, a review of the corrective action is required. The City of Santa Ana currently owns the property. For the purpose of this project scope, Dudek assumes that a land use change to Residential is proposed, which would trigger a corrective action review by the regulatory agency. Although regulatory closure (for commercial use of the property) was granted in March 2022, residual impacts remain at the site, which may exceed regulatory screening levels for residential use. Dudek recommends that a limited Phase II ESA with a human health risk evaluation be performed for the site. Phase II ESA Initial Project Review Dudek will review the existing data for the site to determine an appropriate project approach. According to information reviewed on GeoTracker, concentrations of several volatile organic compounds in soil vapor exceeded regulatory thresholds for residential and commercial land use scenarios. Based on Various Environmental Services Sample Project Budgets 3 DUDEK this, it is likely that the regulatory agency would require additional investigation to evaluate appropriate mitigation methods for the proposed land use change. Work Plan Dudek will prepare a site -specific work plan for the investigation in general accordance with ASTM Standard E1903-19 under the supervision of a Professional Engineer or Professional Geologist licensed in California. The work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. Dudek will submit the draft work plan to the City for review. Following the City's approval, Dudek will submit the work plan to the appropriate regulatory agency. Work will not commence until the regulatory agency approves the work plan. Pre -field Activities Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the Occupational Safety and Health Administration regulation 29 CFR 1910.120. Dudek will contact an Underground Service Alert prior to the commencement of field work to mark underground utility locations (in the public right-of-way). Dudek field staff will clearly mark each proposed boring location in white paint prior to contacting the Underground Service Alert. Dudek will contact a private utility locator to clear the potential boring locations of subsurface utility conflicts within the site boundary. Dudek will obtain a permit from the Orange County Health Care Agency for a boring/probe survey. Subsurface Investigation The scope of the subsurface investigation includes the advancement of soil borings, which will be converted into temporary soil vapor probes. Dudek will collect soil vapor samples to evaluate remaining impacts from the former gas station. Up to eight borings will be advanced to a total depth of 10 feet below ground surface using direct push technology. The soil will be logged and screened using a photoionization detector. Temporary soil vapor probes will be installed at each boring location. Soil vapor samples will be collected at 5 feet and 10 feet below ground surface at each of the probe locations; if saturated soils are encountered, probe sample depths may be adjusted. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the Department of Toxic Substances Control (DTSC) guidance and analyzed by a State of California Certified analytical laboratory for volatile organic compounds by U.S. Environmental Protection Agency (EPA) Method 8260B using a mobile analytical laboratory. At the end of the sampling event, the soil boring locations will be resurfaced and matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. Dudek assumes that no waste will be generated during the sampling. Dudek also assumes that the field work will be completed in one day, refusal will not be met in the borings, and that the site and proposed sample locations are accessible. Various Environmental Services Sample Project Budgets 4 DUDEK Evaluation of Soil and Soil Vapor Data Dudek will evaluate the results of the soil vapor sampling data and conduct a screening level risk assessment using California Regional Water Quality Control Board Environmental Screening Levels, EPA Regional Screening Levels, and DTSC HERO Note 3 Screening Levels. If risks exceed those allowable for the target land use criteria, additional sampling may be necessary and/or a formal human health risk assessment (HHRA) may be recommended. The findings of the limited Phase II ESA will be presented in a letter report that will include a summary of the work performed, any variances from the work plan, tabulated data, figures depicting the sample locations and areas of concern, soil boring logs, and laboratory analytical results. If the findings of the limited Phase II ESA report indicate a potential impact of vapor migration or other potential impacts on the site, the report will also contain recommendations for further work. Recommendations may include remediation, vapor mitigation design, or other investigations to appropriately determine the nature and extent of any contamination. Project Cost Table 2 presents the cost for the aforementioned scope of work. Table 2. Phase II ESA Project Cost Dudek Labor $8,300 Subcontractor Costs $7,900 Other Direct Costs (permit fee, mileage for site visit, air $652 monitoring equipment) Total 1 $16,852 Various Environmental Services Sample Project Budgets 5 Rate Sheets DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $310.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$275.00/hr Principal Engineer I................................................................$265.00/hr Program Manager..................................................................$255.00/hr Senior Project Manager.........................................................$255.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$240.00/hr Senior Engineer II..................................................................$230.00/hr Senior Engineer I...................................................................$220.00/hr Project Engineer IV/Technician IV.........................................$210.00/hr Project Engineer III/Technician III..........................................$200.00/hr Project Engineer II/Technician II ............................................ $185.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer II...................................................................$190.00/hr Senior Designer I....................................................................$185.00/hr Designer.................................................................................$175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I..................................................................... $140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician....................................................................$115.00/hr Project Coordinator................................................................ $145.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $210.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $140.00/hr AnalystV........................................................................................... $130.00/hr AnalystIV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector.....................................................$139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager.............................................................$160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator..................................................................$110.00/hr Grade III Operator..................................................................$100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III..................................................................$150.00/hr Technical Editorll...................................................................$135.00/hr Technical Editor ....................................................................$120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. DUDEK EFFECTIVE JANUARY 1, 2022 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Leighton Consulting, 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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. 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. 22-090. 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 consulting 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 as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) -year term with the option for the City to grant up to a two (2) one (I) -yea r renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 3 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 2 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 5 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such 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 further agrees to exercise the same 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of 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 is not embodied herein. 71 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. 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. 18. 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 7 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. 19. 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Brynn McCulloch, PG Project Manager Leighton Consulting, Inc. 17781 Cowan, Irivne , CA 92614 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 mail, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. N. 20. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. 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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency L6 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: �� j�4 EXHIBIT A REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City of Santa Ana RFP 22-090 Page Al-1 Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City of Santa Ana RFP 22-090 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City of Santa Ana RFP 22-090 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or 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. CITY RESPONSIBILITIES: City of Santa Ana RFP 22-090 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City of Santa Ana RFP 22-090 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 22-090 Page Al-6 +L� i de F I Ip 4 Proposz Proposal August 1, 2022 Celebrating 60+ Vanrc of cniutionc Vnu Can Build On www.leightongroup.com rll,00 Leighton SCOPE OF WORK Phase I Environmental Site Assessments (ESA) Leighton will complete Phase I ESAs in conformance with the American Society for Testing and Materials (ASTM) International standard E 1527-21, All Appropriate Inquiries (AAI) 40 CFR Part 312, November 1, 2005, and, if required, Caltrans Project Development Procedures Manual, Chapter 18. Phase I ESAs completed by Leighton will include at a minimum: Records Review, Site Reconnaissance, Interviews, Report Preparation. All Phase I ESAs will include conclusions specific to the particular project as well as recommendations for additional investigation (Phase II ESA) as applicable. Phase I ESAs will be completed under the direction of registered professionals, including Environmental Professionals as required by AAI. Leighton will adhere to pertinent new regulatory requirements as applicable during the course of the contract, including those of E2600-10 for Tier 1 Vapor Encroachment Screening and as directed by the City. Interviews of tenants and or property owners will be completed with the City's authorization. Upon receipt of your authorization, we will make initial contact with property owners to conduct interviews of present and/or past owners, lessees, and employees (if they are available and cooperative). Our goal is to move your project forward —not introduce impediments. We will do everything possible to work within the unique sensitivities of each specific project. Phase ll ESA Leighton understands that remedial investigations/ site characterizations may be required for properties identified as having potential contamination in the performance of a Phase I ESA, properties involved in acquisitions, construction improvements or development. The primary goals of an environmental site investigation are to assess the nature and extent of any impacts, quantify the approximate mass of contamination, evaluate potential risk to human health or the environment, and provide recommendations for further investigation or remedial action, if required. Based upon our experience in California, the typical contaminants in soil and/or groundwater include petroleum hydrocarbons, volatile organic compounds (VOCs), semi -volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs), Organochlorine Pesticides (OCPs) and heavy metals, but the potential for additional contaminants does exist. Leighton will employ a variety of technical approaches to expedite site assessment activities. The selection of the most appropriate assessment approach will be based upon City goals, site access and schedule. Each project is different and Leighton will make it a top priority to work with the City to find the most technically feasible, sustainable, and cost-effective approach to each project, with site closure and/or construction completion as the final goal. Tools and investigation techniques that Leighton typically employ include the following: • The use of geo-located current and historical aerial photographs combined with hand-held GPS units allow for more accurately targeted investigations in the field. • Soil vapor surveys, which provide excellent real time data that can pinpoint potential sources warranting further soil or groundwater sampling. • The use of direct -push borings for investigation of soils and groundwater which nearly eliminates the costs associated with the characterization and disposal of investigation -derived wastes. • Determination of site specific cleanup levels by establishing background levels prior to or during the investigation using screening methods such as XRF. This can help limit additional delineation requirements and reduce the overall investigative cost. • The use of Rapid Optical Cone Penetrometer (CPT) or Rapid Optical Screening Tool (ROST) technologies to screen soils for the presence of petroleum hydrocarbons. • Employing forensic chemical studies using chromatographic finger printing, chemical ratio comparisons, degradation by-product and isotope age dating, off -site source reviews and area -wide groundwater gradient interpretation to assess sources of historical chemical releases. • The use of mobile laboratories to expedite field decisions. • The use of closed circuit television (CCTV) to investigate and map (using subsurface sounding and surface survey) subsurface utilities as potential conduits or release points allowing for forensic engineering analysis of these structures and pinpointing of release locations. Leighton 9 Leighton recommends a kick-off meeting prior to initiating any Site Investigations to establish project priorities and identify restrictions. Prior to the meeting, we will review any available background information so we are prepared to discuss investigative methodologies applicable to the particular project. Based on the results of this meeting, we will develop a Work Plan for the field investigation. All investigations will be completed under the direction of a Professional Geologist (PG), Professional Engineer (PE), Certified Hydrogeologist (CHG), or Certified Engineering Geologist (CEG), in accordance with the requirements and applicable governing oversight agency such as LARWQCB, DTSC or local CUPAs. The Work Plan will be based upon our review of site conditions and meetings/discussions with the City. Each Work Plan will include a specific technical scope of work developed to best suit the needs of the project. A draft of the Work Plan will be submitted to the City's Project Manager for review. Once approved by the City, the final Work Plan will be submitted to the appropriate agencies for review and approval, if required. All Work Plans will be reviewed and signed by an appropriate licensed professional (PG or PE) before field implementation. Investigative methods described in the Work Plan may include one or more of the following: Waste Profiling: Containers of unknown contents are often discovered on industrial facilities associated with properties. Leighton's team is well trained and equipped to perform inspection, profile sampling, and characterization of chemical storage containers, such as tanks, drums, and other vessels. We realize that these assessments are often required on an expedited basis and our staff is prepared to respond immediately to your needs. When appropriate, Leighton will work with approved subcontractors to complete geophysical surveys. Subsurface geophysical techniques can also be applied to screen locations prior to other invasive work, such as drilling and trenching. Direct Push Soil Sampling/Soil Gas Surveys: Leighton has completed hundreds of soil, groundwater, and soil gas investigations using direct push field equipment to evaluate the presence, concentrations, and extent of petroleum hydrocarbons, heavy metals, VOCs, methane and other contaminants that may be encountered on properties. This technology has been increasingly important in recent years due to concerns of potential vapor intrusion into above -ground structures and is often a critical component of evaluating potential health risks. Our personnel are well versed in the implementation of this technology as well as the evaluation of the data generated and will oversee direct push drilling subcontractors in the completion of soil gas investigations, when required. Soil gas investigations will be completed in accordance with RWQCB/DTSC guidelines and requirements. When necessary, Leighton will work closely with Dr. Heriberto Robles of Enviro-Tox Services to assess the potential for vapor intrusion into buildings/ structures and the associated health risks of identified contaminants. Trenching is a cost-effective alternative often used for shallow soil characterization and to assess presence of or levels of contamination. Trenching activities will be supervised by Leighton personnel, under our current Cal/OSHA trenching permit. If potentially contaminated soils are encountered during excavation, Leighton will first notify the City, and then once approved accordingly notify the South Coast Air Quality Management District (AQMD) under our various locations Rule 1166 permit for soil excavation, or other applicable agencies, depending on the project location. Drilling: We understand that drilling soil borings or installing groundwater monitoring wells may be required under this contract. Having significant experience in California spanning more than 57 years, we understand the regional subsurface geologic and hydrogeologic conditions and can select the most appropriate drilling methods for each project based upon this knowledge. On most properties, we would utilize a direct push rig to collect soil and initial grab groundwater samples. This field methodology is less intrusive and considerably more cost-effective than drilling with hollow -stem auger drill rigs, and generates relatively little investigation derived waste (IDW) for disposal. Where permanent groundwater monitoring wells are required, Leighton will primarily use hollow - stem auger drilling equipment to advance soil borings for well installation. We have overseen the installation of thousands of groundwater monitoring wells from single completions in shallow water bearing units to multi -nested completions in confined and multilayered aquifers. We have designed and installed monitoring wells intended for the recovery of various contaminants including petroleum hydrocarbons, VOCs, various light non - aqueous phase liquids (LNAPLs — floating product), dense non -aqueous phase liquids (DNAPLs), and other dissolved compounds. Prior to any monitoring well installation, Leighton will obtain necessary permits from the appropriate regulatory agencies and register wells with the Department of Water Resources (DWR) as required. Drilling will be performed under the oversight of a PE or PG registered in the State of California. llLei ghton 10 Sampling: Soil and or groundwater sampling will be conducted in accordance with federal, state, and local guidelines with the objective of obtaining representative samples of the subsurface materials. No two projects are alike, each requiring a thorough review of background information to establish an appropriate sampling plan. Some projects will allow for standard 3-volume well purging, while others call for low -flow purging. Leighton will include a site -specific sampling plan as part of the work plan. This sampling plan will identify the media to be sampled (e.g., soil, water, soil gas, etc.), the sampling procedures (e.g., drilling, trenching, push probe, monitoring well, etc.), the sample container (e.g., glass jars, brass sleeves, EncoresTM, VOA vials, etc.), preservatives, sample handling, QA/QC objectives and chain -of -custody procedures. Decontamination/Disposal and Manifesting: Field equipment including drilling equipment, sampling materials and anything that may be introduced into the soil or groundwater will be decontaminated before use and between sampling points by washing in a mixture of liquinox (or similar) and water, rinsing in potable water, final rinsing with deionized water and be allowed to air dry. Investigation derived waste (IDW) and soil/groundwater generated during field investigations will be contained in 55-gallon DOT approved drums, appropriately labeled and transported under manifest to a permitted waste handling facility. Waste manifests will be signed by the City prior to transportation of the waste. Leighton will not store any hazardous substances for more than ninety (90) days, will not permit any accumulations in excess of the small quantity generator exclusion of 40 CFR Part 261, and will report to the appropriate regulatory agency any discharges or releases identified, but only upon approval from the City. Quality Assurance/Quality Control Quality Assurance/Quality Control is a vital part of any site investigation. Field activities will be conducted in accordance with the Leighton corporate QA/QC Plan. In addition, we will perform our services in accordance with project specific QA/QC requirements as addressed during the initial kick-off meeting for the project. Laboratory QA/QC will be performed for each method of analysis as required for the test method. The QA/QC data will be reported in summary form and include a description of the constituent, the specific test method, the date, the detection limit of the specific test method, the percent accuracy, the percent precision, and the signature of the laboratory manager or director. These forms will be included in the laboratory reports included as appendices to the final site investigation reports. Technical reports will be signed and stamped by a PG or PE. As an additional QA/QC measure, it is Leighton's' policy that all technical reports be reviewed by an independent (in-house) senior registered professional (PG or PE) not actively engaged in the project prior to final submittal. Site Investigation Reports Leighton will analyze field and laboratory data, and prepare a detailed site investigation report describing the various tasks of the investigation, including field and laboratory data, findings, conclusions, and recommendations. As projects vary in size and complexity, report format and appropriate illustrations will be discussed with the City before and during report preparation to ensure the reports will present the information accurately and effectively, based upon City needs. All appropriately illustrated reports (site maps, cross -sections, iso-concentration maps, groundwater gradient maps, etc.) will be organized in accordance with the requirements of the RFP and other project specific requirements. The reports will be signed by those who prepared it, and signed and stamped by the California -registered professional (PG or PE) overseeing the project. All technical reports will be issued draft reports to review and provide comments, prior to finalization. Leighton 11 EXHIBIT B %/o Lei hton FEE SCHEDULE TERMS AND CONDITIONS • Expiration: This fee schedule is effective through December 31, 2022, after which a 3% escalation will be applied annually. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable within 30 days of receipt in United States dollars. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) • determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double- time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours perday. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eighthours. Project time accrued includes portal to portal travel time. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project - specific permits and/or licenses, project -specific hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical- laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting. Fee/2022- X www.leightongroup.com Page 4 of 4