Agree No 2025-39 Terracon Consultants Inc-Lomita Little Leage (002)

23041 Avenida De La Carlota, Suite 350
Laguna Hills, CA 92653-1590
P 949-261-0051
F 949-261-6110
Terracon.com
Facilities | Environmental | Geotechnical | Materials
August 25, 2025
City of Lomita CA
24300 Narbonne Avenue
Lomita, CA 90717
Attn: Mr. Andrew Vialpando
P: (310) 325-7110
E: [email protected]
RE: Proposal for a Phase I Environmental Site Assessment Lomita Little League
26800 South Western Avenue
Lomita, Los Angeles County, California 90717
Terracon Proposal No. PLA257518
Dear Mr. Vialpando:

Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to City of Lomita CA (client) to conduct a Phase I Environmental Site Assessment (ESA) of the above-referenced subject property (hereinafter known as the “site”). We understand the site is located at 26800 South Western Avenue Lomita, Los Angeles County, California (a part of Los Angeles County Assessor Identification Number (AIN) 7442001907) and consist of approximately 6.2 acres of land improved with three baseball fields, batting cages, and a snack bar building. The site is further improved with limited landscaping and utilities.

Scope of Services
(see Section 2.0 of attached
proposal detail)
Phase I ESA consistent with ASTM E1527-21
◼ Chain of Title/Environmental Lien/AUL Search is not included in this fee.
◼ Additional non-scope items: None
Schedule
(see Section 2.4 of attached
proposal detail)
15 business days from written notice to proceed
Compensation Lump sum of $4,100
If this proposal meets with your approval, work may be initiated by returning a fully executed copy of the attached Agreement for Services and ASTM E1527-21 User Questionnaire attached to this proposal to our Orange County office. Please provide Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials ii site contact information with the signed agreement. The terms, conditions, and limitations stated in the Agreement for Services and sections of this proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project.

We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you have any questions or comments regarding this proposal or require additional services, please give us a call.

Sincerely,
Terracon Consultants, Inc.

Baylie R. Zemke Sami Noaman
Staff Scientist Manager Regional Services
Attachments: ASTM E1527-21 User Questionnaire
Detailed Scope of Services
Agreement for Services
Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 ASTM E1527-21 User Questionnaire
Date Completed
Person Completing Questionnaire Name:

Company:

Phone:

Email:

Site Name Lomita Little League
Site Address 26800 S. Western Avenue, Lomita, CA 90717
Point of Contact for Access Name:

Company:

Phone:

Email:

Access Restrictions or Special Site
Requirements?
___No ___Yes (If yes, please explain)
Confidentiality Requirements? ___No ___Yes (If yes, please explain) Current Site Owner Name:

Company:

Phone:

Email:

Current Site Operator Name:

Company:

Phone:

Email:

Reasons for ESA (e.g., financing,
acquisition, lease, etc.)
Anticipated Future Site Use
Relevant Documents? Please provide Terracon copies of prior Phase I or II ESAs, Asbestos Surveys, Environmental Permits or Audit documents, Underground Storage Tank documents, Geotechnical Investigations, Site Surveys, Diagrams or Maps, or other relevant reports or documents.

ASTM User Questionnaire
To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the user must respond to the following inquiries required by 40 C.F.R. §§ 312.25, 312.28, 312.29, 312.30, and 312.31. These inquiries must also be conducted by EPA Brownfield Assessment and Character ization grantees. The user should provide the following information to the environmental professional. Failure to conduct these inquiries could result in a determination that “all appropriate inquiries” is not complete. 1) Did a search of land title records (or judicial records where appropriate) identify any environmental liens filed or recor ded against the site under federal, tribal, state, or local law (40 CFR 312.25)? ___No ___Yes (If yes, explain below and send Terracon a copy of the title records or judicial records reviewed.) 2) Did a search of land title records (or judicial records where appropriate) identify any activity and use limitations (AULs ), such as engineering controls, land use restrictions, or institutional controls that are in place at the site and/or have been filed or recorded against the site under federal, tribal, state, or local law (40 CFR 312.26)? ___No ___Yes (If yes, explain below and send Terracon a copy of the title records or judicial records reviewed.) 3) Do you have any specialized knowledge or experience related to the site or nearby properties? For example, are you involv ed in the same line of business as the current or former occupants of the site or an adjoining property so that you would have speciali zed knowledge of the chemicals and processes used by this type of business (40 CFR 312-28)? ___No ___Yes (If yes, explain below)
4) Do you have actual knowledge of a lower purchase price because contamination is known or believed to be present at the sit e (40 CFR 312.29)?
___No ___Yes ___Not applicable (If yes or Not applicable, explain below) 5) Are you aware of commonly known or reasonably ascertainable information about the site that would help the environmental professional to identify conditions indicative of releases or threatened releases (40 CFR 312.30)? For example, (a.) Do you k now the past uses of the site? (b.) Do you know of specific chemicals that are present or once were present at the site? (c.) Do you know o f spills or other chemical releases that have taken place at the site? (d.) Do you know of any environmental cleanups that have taken place at the site?
___No ___Yes (If yes, explain below)
6) Based on your knowledge and experience related to the site, are there any obvious indicators that point to the presence or li kely presence of releases at the site (40 CFR 312.31)?
___No ___Yes (If yes, explain below)
Comments or explanations:

Please return this form with the signed authorization to proceed. Proposal No. PLA257518 Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials 1

DETAILED SCOPE OF SERVICES

1.0 PROJECT INFORMATION
We understand the site is located at 26800 South Western Avenue Lomita, Los Angeles County, California (a part of Los Angeles County Assessor Identification Number (AIN) 7442001907) and consist of approximately 6.2 acres of land improved with three baseball fields, batting cages, and a snack bar building. The site is further improved with limited landscaping and utilities. We further understand that the anticipated future use of the site is to remain the same and the purpose of the ESA is to assist the client with acquiring the site. If this is not accurate, or if you have additional useful information, please inform us as soon as possible.

2.0 SCOPE OF SERVICES

2.1 Base Phase I ESA Services
The ESA will be performed consistent with the procedures included in ASTM E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Assessment Process. The purpose of this ESA is to assist the client in developing Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials 2 information to identify recognized environmental conditions (RECs - as defined below) in connection with the site as reflected by the scope of this proposal. The potential for vapor migration will be addressed as part of a Phase I ESA and will be considered by Terracon in evaluation of RECs associated with the site. If modifications to the scope of services are required, please contact us to discuss proposal revisions.

REC Definition
RECs are defined by ASTM E1527-21 as “(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.” This ESA includes consideration of the movement of hazardous substances and petroleum products in any form, including migration of vapor in the subsurface. A de minimis condition is not a REC.

Review of Per- and Polyfluoroalkyl Substances (PFAS)
There are a family of compounds known as per- and polyfluoroalkyl substances (PFAS) which are considered emerging contaminants of concern due to their mobility and longevity in the environment. PFAS have been used in many products, including but not limited to fire-fighting foam, anti-stick coatings, stain and water-repellent coatings, electroplating, and paper products, among others. On July 8, 2024, US EPA designated two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under CERCLA; accordingly, PFOA and PFOS will be evaluated within the scope of E1527-21.

Physical Setting
The physical setting for the site will be described based on a review of the applicable USGS topographic quadrangle map, USDA soil survey, and selected geologic reference information.

Historical Use Information
A review of historical resources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the site and adjoining properties back to 1940 or when the site was initially developed, whichever is earlier. The following minimum selected references will be obtained and reviewed for the site and adjoining properties, if available:
◼ Historical topographic maps
◼ Aerial photographs (approximate 10 to 15-year intervals) Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials 3 ◼ City directories (approximate 5-year intervals)
◼ Fire (Sanborn) insurance maps
The following additional historical resources will be reviewed for the site if determined by the Environmental Professional to be warranted, applicable and likely useful:
◼ Property tax file information
◼ Building department records
◼ Zoning records
◼ Prior environmental reports, permits
and registrations; or geotechnical
report, if provided by the client.
◼ Site title search information, if
provided by client
◼ Environmental liens, if provided by
client
Pursuant to ASTM E1527-21, the client should engage a title company or title professional to undertake a review of reasonably ascertainable recorded land title records (or judicial records where appropriate) for environmental liens and activity and use limitations currently recorded against or relating to the site. Note that for ASTM E1527-21, title search information reports shall review land title records for documents recorded between 1980 and the present for purposes of environmental liens and activity and use limitations. If the client is unable to provide land title records (or judicial records where appropriate), an abstract firm may be contracted by Terracon to perform a review of land title records (or judicial records where appropriate) for an additional fee. Documentation of environmental liens and activity and use limitations, if recorded, will be provided in the land title records (or judicial records where appropriate). Note, however, unless specifically requested within three days of project commencement, Terracon will rely on the client to provide land title records (or judicial records where appropriate). If land title records (or judicial records where appropriate) are not provided for review in a timely manner, Terracon may conclude that the absence of records represents a data gap, which must be evaluated and documented in the final report.

The client and the current owner or their representative will be interviewed to provide information regarding past uses of the site and information pertaining to the use of hazardous substances and petroleum products on the site. Additionally, a reasonable attempt will be made to interview past owners, operators, and occupants of the site to the extent that they are identified within the scope of the ESA and are likely to have material information that is not duplicative of information already obtained through the assessment process.

Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials 4 Regulatory Records Review
Consistent with ASTM E1527-21, federal, state, and tribal databases, where applicable and within ASTM-defined minimum search distances from the nearest property boundary, will be reviewed for indications of RECs. A database firm will be subcontracted to access governmental records used in this portion of the assessment. Additional federal, state, and local databases may be reviewed if provided by the database firm.

Determining the location of unmapped facilities is beyond the scope of this assessment.

In addition to the database review and if customary practice for the site location, an attempt will be made to review reasonably ascertainable and useful local lists or records such as Brownfield sites, landfill/solid waste disposal sites, registered storage tanks, land records, emergency release reports, and contaminated public wells. A reasonable attempt will also be made to interview at least one staff member of any one of the following types of local government agencies: fire department, health agency, planning department, building department, or environmental department. As an alternative, a written request for information may be submitted to the local agencies.

The scope of work proposed herein includes up to two hours of regulatory agency file and/or records review, including client-provided reports and files. If the results of this initial review appear to warrant a more extensive review of applicable regulatory agency files and/or records, a cost estimate will be provided to the client for pre-approval.

Review of regulatory files and/or records, when authorized, will be for the purpose of identifying RECs. Please note that all requested files may not be available from regulatory agencies within the client’s requested project schedule.

Site and Adjoining/Surrounding Property Reconnaissance
A site reconnaissance will be conducted to identify RECs. The reconnaissance will consist of visual observations of the site from the site boundaries and selected interior portions of the site. The site reconnaissance will include, where applicable, an interview with site personnel who the client has identified as having knowledge of the uses and physical characteristics of the site. Pertinent observations from the site reconnaissance will be documented including:
◼ Site description
◼ General site operations
◼ Features, activities, uses, and conditions of the site relevant to identifying RECs The adjoining property reconnaissance will consist of visual observations of the adjoining/surrounding properties from the site boundaries and accessible public rightsof-way.

Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Proposal for a Phase I Environmental Site Assessment
Lomita Little League | Lomita, CA
August 25, 2025 | Terracon Proposal No. PLA257518
Facilities | Environmental | Geotechnical | Materials 5 Report Preparation
A PDF-formatted copy of the final report will be submitted that presents the results of this assessment, based upon the scope of services and limitations described herein. The final report will be signed by an environmental professional responsible for the Phase I ESA, and the report will contain an environmental professional statement as required by 40 CFR 312.21(d). Recommendations will be developed as part of the Phase I ESA scope of services.

2.2 Additional Services Beyond Base ESA
At the direction of the client, additional services beyond the scope of the base Phase I ESA have not been included.

2.3 Additional Services Not Included
The following services, although not specifically required by ASTM E1527-21, may also be performed concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an evaluation of specific business environmental risks at the site. At your direction, these services have not been included as part of the scope of services for this ESA. Please note that this list is not all-inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. ◼ Visual Observations for Suspect
Asbestos
◼ Limited Asbestos Sampling
◼ Asbestos Survey (prior to
renovation/demolition)
◼ Visual Observations for Microbial
Growth
◼ Radon Records Review
◼ Short-Term Radon Testing
◼ Visual Observations for Suspect
Lead-Based Paint
◼ Limited Lead-Based Paint Sampling
◼ Lead in Drinking Water Records
Review
◼ Limited Lead in Drinking Water
Sampling
◼ Wetland Records Review
◼ Threatened/Endangered Species
Records Review
◼ Historic Properties/Archaeological
Resources Review
◼ ASTM E 2600-22 Vapor
Encroachment Screen
◼ Regulatory Agency File Review
At the client's request, Terracon can also provide proposals for facility engineering services including property condition assessments, roofing inspections, curtain wall evaluations, structural surveys, and mechanical surveys.

2.4 Schedule
Services will be initiated upon receipt of the written notice to proceed. The final report will be submitted within 15 business days after receipt of your written notice to proceed, assuming site access can be obtained within three days after the notice to proceed.

To comply with the proposed schedule, please provide the following items at the time of notification to proceed.
◼ A signed Agreement for Services evidencing acceptance of this scope of services. ◼ The completed ASTM E1527-21 User Questionnaire, supplied as an attachment to this proposal.
◼ Right of entry to conduct the assessment, including access to building interiors. ◼ Notification of any restrictions or special requirements (such as confidentiality, scheduling, or on-site safety requirements) regarding accessing the site. ◼ An accurate legal description and/or a diagram of the site such as a surveyor’s plat map or scaled architect’s drawing (if such diagrams exist). ◼ Current site owner, property manager, occupant information (including tenant list), and contact information for persons knowledgeable about the site history including current and historical use of hazardous substances and petroleum products on site (e.g., names, phone numbers, etc.).
◼ Copies of environmental reports, permits and registrations, and geotechnical reports that were previously prepared for the site.
◼ Information relating to known or suspect environmental conditions at the site, including commonly known or reasonable ascertainable information within the local community about the site that is material to RECs in connection with the site. ◼ Information about environmental liens and activity and use limitations for the site, if any.
◼ Specialized knowledge or experience that is material to RECs in connection with the site, if any.
◼ Knowledge that the purchase price of the site is significantly less than the purchase price of comparable properties.
◼ Land title records between 1980 and present.

2.5 Reliance
The ESA report will be prepared for the exclusive use and reliance of City of Lomita CA.

Reliance by any other party is prohibited without the written authorization of the client and Terracon.

If the client is aware of additional parties that will require reliance on the ESA report, the names, addresses, and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon may grant reliance on the ESA report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request) and receipt of information requested in the Reliance Agreement. If, in the future, the client and Terracon consent to reliance on the ESA by a third party, Terracon may grant reliance upon receipt of a fully executed Reliance Agreement, requested information and receipt of an additional minimum fee of $500 per relying party.

Reliance on the ESA by the client and all authorized parties will be subject to the terms, conditions, and limitations stated in the Agreement for Services, sections of this proposal incorporated therein, the Reliance Agreement, and ESA report. The limitation of liability defined in the Agreement for Services is the aggregate limit of Terracon’s liability to the client and all relying parties.

Continued viability of the report is subject to ASTM E1527-21 Section 4.6. If the ESA will be used by a different user (third party) than the user for whom the ESA was originally prepared, the third party must also satisfy the user’s responsibilities in Section 6 of ASTM E1527-21.

2.6 Scope and Report Limitations
Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Terracon retains the right to stop work without penalty at any time Terracon believes it is in the best interests of Terracon’s employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Terracon related to Terracon’s pre-task planning and risk assessment processes.

The lump sum fee is based on the assumptions and conditions provided at the time of this proposal.

The findings and conclusions presented in the final report will be based on the site’s current utilization, the anticipated future use of the site, if provided to Terracon, and the information collected as discussed in this proposal. Please note that we do not warrant database or third- party information (such as from interviewees) or regulatory agency information used in the compilation of reports.

Phase I ESAs, such as the one proposed for this site, are of limited scope, are noninvasive, and cannot eliminate the potential that hazardous, toxic, or petroleum substances are present or have been released at the site beyond what is identified by the limited scope of this ESA. In conducting the limited scope of services described herein, certain sources of information and public records will not be reviewed. It should be recognized that environmental concerns may be documented in public records that are not reviewed. This ESA does not include subsurface or other invasive assessments, vapor intrusion assessments or indoor air quality assessments (i.e., evaluation of the presence of vapors within a building structure), business environmental risk evaluations (unless specifically requested in Section 2.2 of this proposal), or other services not particularly identified and discussed herein. No ESA can wholly eliminate uncertainty regarding the potential for RECs. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made.

An evaluation of significant data gaps will be based on the information available at the time of report issuance, and an evaluation of information received after the report issuance date may result in an alteration of our opinions and conclusions. We have no obligation to provide information obtained or discovered by us after the date of the report, or to perform any additional services, regardless of whether the information would affect any conclusions, recommendations, or opinions in the report. This disclaimer specifically applies to any information that has not been provided by the client.

Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Reference Number: PLA257518

Page 1 of 2 ends

AGREEMENT FOR SERVICES
This AGREEMENT is between City of Lomita CA (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the Lomita Little League project (“Project”), as described in Consultant’s Proposal dated 08/25/2025 (“Proposal”), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement).

1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).

Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services.

2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.

Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project.

3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.

4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of

1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties.

5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client.

6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS

RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT

AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL

CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY.

7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project.

8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND

CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.

Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 Reference Number: PLA257518

Page 2 of 2 ends

10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.

11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law.

12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services.

13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.

14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.

15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices.

16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant.

17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk assessment processes.

Consultant: Terracon Consultants, Inc. Client: City of Lomita CA By: Date: 8/25/2025 By: Date:

Name/Title: Sami Noaman / Manager Regional Services Name/Title: Andrew Vialpando / City Manager Address: 23041 Avenida De La Carlota Ste 350 Address: 24300 Narbonne Avenue Laguna Hills, CA 92653-1590 Lomita, CA 90717
Phone: (949) 261-0051 Fax: Phone: (310) 325-7110 Fax:

Email: [email protected] Email: [email protected] Docusign Envelope ID: 0827703F-1E20-4BB6-9F83-CFAB690B7228 8/26/2025 | 2:11 PM PD

Lomita City CouncilJune 2, 2026

Lomita City Council
June 2, 2026