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OMEGA ENVIRONMENTAL SERVICES, INC.
INSURANCE NOT ON FILE WORK MAY NOT PROCEED N-2025-200 CITY CLERIC DATE: JUL 2 2 2025 o:LS (a?) CONSULTANT AGREEMENT BETWEEN OMEGA ENVIRONMENTAL SERVICES, oylan Dario 02) INC. AND THE CITY OF SANTA ANA FOR ASBESTOS ASSESSMENT, SAMPLING, AND REMOVAL MONITORING SERVICES THIS AGREEMENT is made and entered into on this 1"day of July,2 02 5,by and between Omega Environmental Services, Inc., a California corporation("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. The City desires to retain a consultant having special skill and knowledge in the field of asbestos assessment, sampling, and removal monitoring services on behalf of the City's Library Services Department. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 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 in Consultant's Proposal & Fee Schedule - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement, including any extension periods, shall not exceed $35,000.00. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Page 1 of 10 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 and terminate on December 31, 2026, with the option for the City to grant up to a one (1) year extension, 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 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. 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 agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Page 2 of 10 • 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 and$2,000,000 aggregate. • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000, • Workers' Compensation (WIC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. • Professional Liability Insurance (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts, equipment,and personnel furnished in connection with such work or operations. • All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City,its City Council,its officers,officials,employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. • All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained. by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to Page 3 of 10 City.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement,M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time, Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three (3)years after completion of work. • 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. 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. Page 4 of 10 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 Page 5of10 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 a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in Page 6 of 10 subsections (b) and(e) above. 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 Contractors 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. Page 7 of 10 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 a 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: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O, Box 1988 Santa Ana, California 92702 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Library Services City of Santa Ana Page 8of10 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Omega Environmental Services, Inc. 1133 Camelback St., Suite 7261 Newport Beach, California 92658 Attn: Steve Rosas, Principal 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on followingpage] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN OMEGA ENVIRONMENTAL SERVICES,INC. AND THE CITY OF SANTA ANA FOR ASBESTOS ASSESSMENT, SAMPLING,AND REMOVAL MONITORING SERVICES IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY F TA ANA 5 r ennifer Ha r Alvaro Nunez City C City Manager APPROVED AS TO FORM: CONSULTANT: SONIA R. CARVALHO City Attorney B • onathan T. Martinez By: Steve Rosas Assistant City Attorney Title: Principal RECOMMENDED FOR APPROVAL: �� Brian Sternberg Executive Director Library Services Page 10 of 10 EXHIBIT A CONSULTANT'S PROPOSAL &FEE SCHEDULE Omega Environmental Services,Inc. 4570 Campus Drive,Ste,30 Email:sieve@omegaenv.com 0 Newport Beach,CA 92660 Federal Tax ID#:45-4532910 OMEGA Phone:949-252-2145 www.omegaenv.com ENVIRONMENTAL Fax:949-252-2148 June 9,2025 Brian Steinberg Library Services Director Project#:2025-5852COSA City of Santa Ana Prepared By:Steve Rosas 1 Technology Drive,Ste.1829 Project Location:26 Civic Ctr.Plaza and 122 N.Newhope Street Santa Ana,California 92703 Santa Ana,California 92703 Omega Environmental Services,Inc.(Omega)is pleased to submit this proposal to the City of Santa Ana(Tire Client)to conduct on an as needed basis a limited sampling assessment of suspect-asbestos containing materials during construction related activities and provide air monitoring and project oversight during asbestos removal activities at the above referenced locations. Scope of Work Task t Limited Asbestos Assessment Omega will provide an EPA AHERA and State of California Certified Asbestos Professional to conduct a limited asbestos assessment at the Main Library located at 26 Civic Center Plaza or 122 N.Newhope Street in Santa Ana.The assessment will be conducted on an as needed basis and will be limited to suspect asbestos-containing building materials uncovered during construction related activities at the subject sites.A representative number of bulk samples of each suspect material will be collected for analysis.Asbestos bulk samples will be analyzed using polarized light microscopy(PLM)in accordance with EPA's July 1993 method for the determination of asbestos in bulk building materials.Note that this method cannot conclusively confirm the absence of asbestos in some materials.Therefore,negative results should be verified by an independent analytical method such as transmission electron microscopy for floor tile or PLM 1000 Point Count for other materials.Samples will be submitted to an independent laboratory certified by the American Industrial Hygiene Association(AIHA),and the National Voluntary Laboratory Accreditation Program(NVLAP).Samples will be analyzed based on a 24-hour standard turnaround time(TAT).A report will be provided for each assessment conducted at the subject properties,as necessary. Task 2-Air Monitoring and Project Oversight Omega will provide a State of California Certified Professional to conduct air monitoring,and project oversight at the above referenced site 122 N. Newhope Street in Santa Ana. A senior project manager will coordinate the work with the Client representatives, remediation contractor and industrial hygiene staff.The scope of work is based on 8-hour working shifts.Specifically,Omega will perform the following: • Conduct perimeter air sampling during removal activities at locations immediately outside the work area to determine how well asbestos fibers are being contained in the worksite.Omega will analyze collected area air samples onsite using phase-contrast microscopy(PCM), National Institute for Occupational Safety and Health(NIOSH)Method 7400. • Observe the work practices and procedures of the abatement contractor during asbestos related activities and monitor conformance with the applicable regulatory guidelines. Complete daily checklists summarizing field observations and will include these in a final written report. • Visually inspect the work area for remaining asbestos debris prior to the contractor's dismantling of containment barriers. • Collect clearance air samples prior to the contractor's dismantling of work area enclosures.Clearance air samples will be collected within the work area and analyzed onsite-using phase-contrast microscopy(PCM), National Institute for Occupational Safety and Health(NIOSH) Method 7400:and provide clearance sheet;and • Advise Client when analysis of clearance air samples indicates airborne fiber concentrations are within specified limits, so the asbestos contractor can dismantle the work area enclosures at that time. • At the completion of air monitoring a report will be submitted with a project summary,methodologies, recommendations and analytical results, Cost Estimate Limited Asbestos Assessments/Air Monitoring and Project Oversi ht/Re ort Development $35,000 Total Not-to-Exceed Estimate $35,000 Note:Assumptions/Exclusions ►Client to provide access to work areas at agreed upon times. ►The number of Project Manager and Monitoring hours is an estimate.Additional hours will be billed on a time and material basis if more hours than estimated are required.A shift is defined as a regular eight-hour Monday through Friday.Any hours worked over eight hours in a day will be considered overtime and charged at 1.5 times the applicable rate.Project Manager Rate$150 per hour and Field Tech$85 per hour.(see attached fee schedule) ►Additional hours worked over eight hours in a regular workday or weekend will be charged at$127.50 per hour for field tech.(see attached fee schedule) ►This price excludes supplies and expenses.(see attached fee schedule) General Terms and Conditions(Attached) Please Sign Below for Approval Signature Title Date Los Angeles ' San Diego • San Francisco 0 Seattle 0 Denver 0 Las Vegas • Phoenix 0 Raleigh Omega Environmental Services,Inc. OMEGA 949-252-2145 Phone 1133 Camel hack Street,Suite 7261 ENVIRONMENTAL 949-252-2148 Fax Newport Beach,California 92658 Federal ID 9:45-4532910 Fee Schedule 2024/2025 Personnel Description Hourly Rate ($} Principal 275.00 Principal Scientist(Ph.D., MPH)/Toxicologist 325.00 Certified Industrial Hygienist(CIH) 185.00 Certified Safety Professional 175.00 Senior Project Manager 160.00 Project Manager 145.00 Senior Industrial Hygienist 105.00 Industrial Hygienist 95.00 Certified Asbestos Consultant(CAC) 130.00 Certified Lead Inspector Assessor(LRC/IA) 130.00 Certified Asbestos Site Surveillance Technician (CSST) 85.00 Certified Lead Project Monitor(LRC/PM) 85.00 Field Environmental Technician 75.00 Drafting(CADD) 65.00 Administrative Assistant 67.00 Legal Expert Princi al/Ph.D./MPH/CIH 425.00 Sub Consultants—Based on expertise by Project Cost plus 10% Minimum Daily Rate 8-hour shift Field Personnel Will differ with location) 985/8-Hour Shift Notes: Overtime is based on 1.5 times the Hourly Rate Other Expenses Description Price $ Equipment rental Cost plus 10% Travel-Automobile Mileage 0.83/mile Travel-Project related, within 20 miles round trip from Omega Office No Charge Travel-Airline Cost plus 10% Travel-Hotel Cost plus 10% Travel-Per Diem—Minimum (Other-US GSA by City/ZIPpublications) 66.00/da Parking &tolls Cost plus 10% Supplies/Other miscellaneous expenses Cost plus 10% Reports—Hard copies 1.00/ a e Los Angeles 0 San Diego 0 San Francisco 0 Seattle 0 Denver 0 Las Vegas • Phoenix 0 Raleigh Laboratory Analysis Description 3-Hour 6-Hour 8-Hour 24-Hour 7-day14-da Asbestos: _ Bulk-PLM $45.00 $35.00 - $20.00 $15.00 Bulk-PLM 1000 Point Count $266.00 $221.00 $112.00 $98.00 $72.00 - Bulk-TEM NOB - - - $125.00 $100.00 $65.00 Air-TEM $544.00 $133.00 - $100.00 $150.00 - Air-PCM On site $10.00 - - - - Air-PCM $31.00 $21.00 - $12.00 $11.00 - Micro Vacutun -TEM - - $225 - $155 $145 Paint Chip, Air&Wipe $62.00 $42.00 - $21.00 $15.00 $14.00 Bulk(TTLC) $60.00 $40.00 $35.00 Drinking Water(One - - - $260.00 $90.00 $80.00 constituent 114crgbial on>Viable z , Mold (Air, Bulk& Surface) $175.00* - $135.00 $120.00 $65.00 Sewage screen PIA - - - $85.00 - - *Holida /Weekend Rate- Weekend analysis require a 48-hour lab notification to book analyst YVltcxoblal ble, F o u S Mold Com lete Spectrum) - - - - - $125.00 5 - Genus - - - - - $175.00 3 - Genus - - - - - $125.00 J , V TO 15 Library Search $350.00 $250.00 $225.00 TO 15 SIM CHHSLS $400.00 $325.00 $250.00 Note: The listed lab analysis costs are based on routine/typical sampling undertaken by Omega. Pricing for other Project specific analysis may be obtained as and when required. Laboratory Analytical cost are subject to change. Consultant Agreement - Omega Environmental APPVD AS TO FORM Final Audit Report 2025-07-10 Created: 2025-07-03 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAjCo7gphmmskPOHZvrG8ICFfcJ01-tAMh "Consultant Agreement - Omega Environmental APPVD AS TO FORM" History `n Document created by Dylan Dario (ddario@santa-ana.org) 2025-07-03-8:11:40 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2025-07-03-8:11:45 PM GMT °"I Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2025-07-03-8:11:56 PM GMT l Email viewed by Brian Sternberg (bsternberg a.santa-ana.org) 2025-07-07-5:42:44 PM GMT 6a Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2025-07-07-5:52:46 PM GMT-Time Source:server Document emailed to Steve Rosas (steve@omegaenv.com)for signature 2025-07-07-5:52:48 PM GMT Email viewed by Steve Rosas (steve@omegaenv.com) 2025-07-07-9:03:00 PM GMT 6o Document e-signed by Steve Rosas (steve@omegaenv.com) Signature Date:2025-07-10-5:41:05 AM GMT-Time Source:server Agreement completed. 2025-07-10-5:41:05 AM GMT Q Adobe Acrobat Sign Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 DATE(MM/DD/YYYY) ACC" CERTIFICATE OF LIABILITY INSURANCE 07/16/2025 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 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 CONTACT Ben Vandertuin NAME: Bennett Insurance Agency, LLC PHONE 626-578-5777 FAX A/C No Ext: A/C No): 1055 E.Colorado Blvd.,5th Floor E-MAIL ben@bennettinsure.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Pasadena CA 91106 INSURERA: Capitol Specialty Insurance Corp 10328 INSURED INSURERB: Progressive Insurance 24260 Omega Environmental Services, Inc INSURERC: State Compensation Insurance Fund 35078 1133 Camelback St.,Ste 7261 INSURER D INSURER E Newport Beach CA 92658 INSURERF: COVERAGES CERTIFICATE NUMBER: 23 REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 TED CLAIMS-MADE � OCCUR PREM SES(DAMAGE ToEa occurrence) lcc rrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X X EV20240265-02 04/26/2025 04/26/2026 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER:El $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED X X 01654539 06/08/2024 06/08/2025 BODILY INJURY(Per accident) $ AUTOS X AUTOS NON-OWNED PROPERTYDAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY C OF ICERMEMBEREXCLUDED?ECUTIVE Y❑ NIA X 9088276-2025 04/26/2025 04/26/2026 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability 4 Contractors Pollution Liability EV20240265 02 04/26/2025 04/26/2026 Per Claim $2,000,000 Per Occurrence $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana its City Council, its officers,officials,employees,agents and volunteers all as additional insured.(Per attached endorsements) APPROVED All operations By Tu Tran Nguyen at 1:32 pm,Jul 21,2025 Tu Tran n,glta11yslgnedby Tu Tran Nguyen Date:2121.01.21 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Library Services, Dylan Dario -DocuSioned by, 20 Civic Center Plaza, M-45 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 LtID81H251ED420 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 POLICYHOLDER COPY SP STATE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-14-2025 GROUP: POLICY NUMBER: 9088276-2025 CERTIFICATE ID: 290 CERTIFICATE EXPIRES:08-04-2025 04-26-2025/08-04-2025 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 268 DATED 04-26-2025 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ # M-21 SANTA ANA CA 92701-4058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period that will expire or did expire as indicated above. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-26-2024 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2025-04-26 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT #1651 - DONALD THORNE, CEO - EXCLUDED. EMPLOYER OMEGA ENVIRONMENTAL SERVICES, INC. SP 1133 CAMELBACK ST UNIT 7261 NEWPORT BEACH CA 92658 [P13,H0] (REV.7-2014) PRINTED : 07-14-2025 Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 PROGREWYE° COWW-RC/AL Policy number: 01654539 Underwritten by: United Financial Casualty Co. Insured: OMEGA ENVIRONMENTAL SERVICES INC June 8,2026 Policy Period: Jun 8,2025 — Jun 8, 2026 Mailing Address United Financial Casualty Co. PO Box 94739 Additional insured endorsement Cleveland,OH 44101 1-800-4444487 Name of Person or Organization For customer service,24 hours a day, City of Santa Ana 7 days a week 20 Civic Center Plv #M21 Santa Ana, CA 92701 This endorsement modifies insurance provided under the commercial auto policy and any endorsements thereto affording liability coverage. The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. we also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page and showing liability coverage. Limitof Liability Bodily Injury each pmW each accident Property Damage each accident Combined Liability $ 2,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 01654539 Issued to(Name of Insured): OMEGA ENVIRONMENTAL SERVICES INC Effective date of endorsement: July 16, 2025 Policy expiration date: June 8, 2026 Form 1198(07/16) MCL Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 PflaaMr.r-ME COMMERCIAL Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 El l58 POR a�sspp ppL74 I�i�J C rr W., C11MMER014L PROGRESSIVE PO BOX 94739 Policy number: 01654539 CLEVELAND,OH 44101-8971 Underwritten by: United Financial Casualty Company Insured: OMEGA ENVIRONMENTAL SERVICES Policy Period: Jun 08, 2025 - Jun 08, 2026 Mailing Address United Financial Casualty Compa_ OMEGA ENVIRONMENTAL PO BOX 94739 CLEVELAND,OH 44101-8971 SERVICES INC 1-800-444-4487 For customer service,24 hours a day, 7 days week WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Auto Policy Motor Truck Cargo Legal Liability Coverage Endorsement Commercial General Liability Coverage Endorsement We agree to waive any and all subrogation claims against the person or organization designated below. Name of Person or Organization: City of Santa Ana 20 Civic Center Plv#M21 Santa Ana, CA 92701 This endorsement applies to Policy Number: 01654539 Issued to: OMEGA ENVIRONMENTAL SERVICES INC Endorsement Effective: July 16, 2025 Expiration: June 08, 2026 All other terms, limits and provisions of this policy remain unchanged. Form 8610(02/19)M_CL Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 Policy Number: EV20240265-02 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization for whom you are performing All locations where "your work" is performed as "your work" when you and such person or organization specified in the contract or written agreement have agreed in writing in a contract or agreement that between you and the Additional Insured(s). such person or organization be added as an Additional Insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 Policy Number: EV20240265-02 COMMERCIAL GENERAL LIABILITY CG24041219 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization with whom the Named Insured enters into a written contract that requires that the Named Insured waive their right of recovery against the person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 1864F19A-F7D4-458B-8446-6741 BF1 E1158 Policy Number: EV20240265-02 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are All locations where "your work" is performed as performing "your work" when you and such person or specified in the contract or written agreement between organization have agreed in writing in a contract or you and the Additional Insured(s). agreement that such person or organization be added as an Additional Insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard''. 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1