Converse 23445-00_70220800_20191205.pdf — Rialto City Council, July 12, 2022

MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 1

EXHIBIT A

CONSULTANT WORK AGREEMENT
FOR DESIGN SERVICES – REMEDIATION REPORTS
Agreement No.: 23445 Dated: December 5, 2019
Job Number(s): 70220800 Renaissance
This Work Agreement is issued pursuant to and is hereby made a part of that certain Master Consultant Agreement between the parties identified below as "CLIENT" and "CONSULTANT ", dated October 28, 2014 , and numbered M70020 (the “Master Agreement”).

This Work Agreement specifically incorporates herein by reference all the terms and co nditions of said Mast er Agreement as though set forth in full herein. (If the Master Agreement is a Master Consultant Agreement (Short Form) then this Master Agreement includes all of the provisions of the original Master Agreement referred to in such Master Consultant Agreem ent (Short Form).) All references, if any, in the Master Agreement to “Lewis Operating Corp., a California corporation” shall be amended to read “Lewis Management Corp., a Delaware corporation.” The term “Agreement” whenever used in the Master Agreement or this Work Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Work Agreement.

1. General Information:
(a) CLIENT: LEWIS-HILLWOOD RIALTO COMPANY, LLC,
a Delaware limited liability company
1156 North Mountain Avenue
Upland, California 91786
Telephone: (909) 579-5168
Telecopier: (909) 949-6700
(b) CONSULTANT: THE CONVERSE PROFESSIONAL GROUP INC.
dba CONVERSE CONSULTANTS,
a California corporation
717 Myrtle Avenue
Monrovia, California 91016
Telephone: (626) 930-1200
Telecopier: (626) 930-1212
(c) VENDOR NUMBER: 250550
(d) OWNER: LEWIS-HILLWOOD RIALTO COMPANY, LLC
(e) Project: Tract/Legal:

Name: Renaissance
Location: 1449, Building Next to 1451 ,
1455, 1461, 1467, 1474, 1479,
1485 North Linden Avenue
City: Rialto
County: San Bernardino
State: California
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7

MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 2

2. (a) CLIENT’s Authorized Representative is: Adam Collier who can be reached at (909) 985-0971.
(b) CONSULTANT's Authorized Representative is: Norman Eke who can be reached at (626) 930-1200.

3. Scope of Services: The work comprising CONSULTANT's Services shall be as follows:

PHASE III REMEDIATION REPORTS

RENAISSANCE

RIALTO, CALIFORNIA
CONVERSE CONSULTANTS PROJECT NUMBER 14-41-172-00(07/08)

CONSULTANT shall provide environmental services including, but not necessarily limited to , the services described herein.

SUPPLEMENTAL SURVEY FOR ASBESTOS, LEAD -BASED PAINT, AND

HAZARDOUS BUILDING MATERIALS

CONSULTANT shall provide a Pre -Demolition Asbestos, Lead - Based Paint (LBP), and Hazardous Building Materials Survey.

The purpose of the survey is to evaluate suspect bui lding materials prior to demolition of the buildings (Building Next to 1451, 1455, 1461, 1474, 1479, and 1485 North Linden
Avenue). Based on changed procedures by the South Coast Air Quality Management District (SCAQMD), samples of concrete foundations and paved areas will also be sampled.

Asbestos Survey
The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the buildings.

Based on CONSULTANT’s understanding of the property, and the CLIENT’s needs, bud get, and schedule as presented, the following scope of services will be completed by CONSULTANT:

1. Visual survey of the structures on -site for suspect asbestos-containing materials and homogeneous areas
(areas that have uniform color, texture, and
appearance). Buildings of homogenous construction,
functional space use and age will be grouped together.

Non-homogenous structures will be surveyed independently of each other. If construction plans and/or
specifications are available, CONSULTANT can review
these items to help in the identification of potential
asbestos-containing materials (ACMs). Suspect materials will be divided into friable and non-friable materials.

The homogenous materials will be placed in one of the
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 3
following Environmenta l Protection Agency (EPA)
categories:

 Surfacing Materials (sprayed or troweled -on
materials)
 Thermal Systems Insulations (materials generally
applied to various mechanical systems)
 Miscellaneous Materials (any materials which do not
fit in the above categories)

Accessible interior and exterior areas will be sampled
for the presence of asbestos. Destructive sampling will be performed. Samples of general building components
(i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout a particular building or group of
homogenous buildings. CONSULTANT will not make a second effort to survey buildings, or portions of buildings,
not accessible during the field reconnaissance.

Destructive sampling methods will be employed during
this survey. Void spaces between walls, floors and
ceiling will be observed and sampled at select locations if structure is unoccupied. Destructive sampling
consists of collecting bulk samples from the surface to the depth of suspect materials, when feasible.

Penetrations large enough to fully expose, access, and
sample areas containing suspect materials will be made.

2. Collect samples of suspect ACMs in representative
homogenous areas determined by visual examin ation and
review of plans. Up to one hundred thirty-five (135)
bulk samples including layers will be collected
following accepted EPA procedures and will be analyzed
for asbestos content. If additional sampling is
necessary, CLIENT will be notified of al l additional
costs. The additional sampling will not be completed
without prior authorization of CLIENT.

The strategy for the collection of asbestos samples will be in accordance with EPA guidance document “Asbestos in Buildings: Simplified Sampling Sche me for Friable
Surfacing Materials", EPA 560/5 -85-030a, October 1985, 40 CFR 763 (AHERA), and appropriate air pollution
control district regulations. According to OSHA
Regulation 29 CFR 1926.1101, a minimum of three (3)
samples must be collected of each suspect ACM.

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 4

3. Destructive sampling methods will be employed during this survey. Therefore, sample locations will not be
repaired.

In addition to the bulk samples collected from the
interiors of the buildings, samples will be collected
from the roofs and exteriors of the buildings. However, CONSULTANT requires written authorization for roof
sampling. Please note that puncturing a ro of membrane will typically invalidate any warranty for the roof. In addition, CONSULTANT does not guarantee the quality or
usefulness of roof patching material.

4. Samples collected will be processed for shipment to an accredited laboratory following EPA protocol and chain- of-custody procedures. Samples at the laboratory will
be analyzed, on a normal turnaround basis ( five { 5}
business days), for asbestos content using polarized
light microscopy (PLM).

The results of the survey will be evaluated to deter mine if asbestos-containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain asbestos, and a field generated sample location map. An electronic file (PDF format) of the final document will be provided to CLIENT.

Lead-Based Paint Survey
The LBP Survey will be limited to the predominant style of accessible components that are present at the buildings. The survey will be performed using a direct reading x -ray
fluorescent (XRF) device. Based on CONSULTANT’s
understanding of the property, and CLIENT’s needs, budget , and schedule as presented, the following scope of services will be completed by CONSULTANT:

Visual survey of the buildings on -site for damaged painted surfaces. Accessible areas will be sampled for the presence of damaged suspect LBPs. Samples of general building
components (i.e., visually identical surface paints) will be assumed to be representative of materials used throughout a particular building.

The survey is intended to identify representative painted surfaces. The survey is not intended to identify all painted surfaces or comply with Housing and Urban Development (HUD) Guidelines.

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 5

The results of the survey will be evaluated to determine if lead is present in the surveyed paints. The XRF logs will be provided in the final report. The logs will contain the following information: paint color of component tested, type of substrate, lead concentration, and condition of paint.

The LBP Survey results will be incorporated into the final report.

Other Hazardous Building Materials
CONSULTANT’s visual survey of other hazardous materials will include:

 An inventory of equipment that may contain PCB oils (i.e. fluorescent light ballasts).
 The total amount of fluorescent light tubes will be
estimated.
 Thermostats will be examined and inventoried if found to contain mercury.

Supplemental Survey, Fixed Fee.....................$7,978.00

(1) 1,000 Point-Counting Test, Unit Price............$250.00

PHASE 1 ENVIRONMENTAL SITE ASSESSMENT

CONSULTANT shall provide a Phase I Environmental Site
Assessment (ESA). The property consists of buildings to be demolished at 1449, 1451, 1455, 1461, 1467, 1474, 1479, and 1485 North Linden Avenue.

CONSULTNAT shall follow the standard practices of the
American Society for Testing Materials (ASTM) Phase I
Environmental Site Assessment Process (Standard: E1527 -13).

The ASTM Standard E1527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability
Protections (LLP) within the scope of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), that is, the practices that constitute all
appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice.

Based on CONSULTANT’s understanding of the property, and the CLIENT’s needs, budget , and schedule as pres ented, the following Scope of Services is proposed:

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 6

1. Review of regulatory agency records to help identify recognized environmental conditions in connection with
the property; generally, this review will be limited to public information that is readily avai lable and
practically reviewable at a reasonable time and cost;
examples of standard environmental sources typically
reviewed include:

Regarding the Property, local regulatory records and
sources, such as the fire department, health department, air pollution district, sanitation district, etc. will
be contacted as appropriate. Agency files will be
reviewed as determined by the Environmental
Professional. The probable cost for up to one (1) file review has been included in CONSULTANT’s fee. The file
review(s) will not be completed without prior
authorization of the Client.

Requests for adjoining properties will also be made as
deemed appropriate; additional costs that cannot be
calculated at this time may be incurred in order to
address adjoining prop erties. CONSULTANT will notify
CLIENT for approval prior to incurring additional costs.

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 7

2. A current USGS 7.5 Minute Topographical Map (or
equivalent) shall be reviewed to describe the physical
setting. Additional review of site area geology and
subsurface/surface potential for pollutant transport
from public sources to evaluate depth to groundwater and generalized gradient will be conducted if appropriate.

3. Historical use information will be obtained through the review, as appropriate, of such documents as aerial
photographs, fire insurance maps, city directories
building permits, USGS topographical maps and other non- standard historical sources. The purpose of the
historical review is to help identify uses that may have led to recognized environmental conditions in connection with the property. The actual number of documents
reviewed will depend upon the site. CONSULTANT shall
attempt to complete the historical review back to the
property’s first developed use, or back to 1940,
whichever is earlier.

4. Visual survey of property and adjacent sites for
indications of potential for contamination or
contamination generators. CONSULTANT shall make one (1) visit to the property for interviewing site personnel
and conducting a site reconnaissance. The objective of the site reconnaissance is to obtain information
indicating recognized environmental conditions in
connection with the property.

5. A reasonable attempt will be made to interview the
owner(s), site manager(s), major occupant(s) and
occupant(s) as requi red by ASTM 1527 -13 and whose
operations are likely to indicate recognized
environmental conditions in connection with the
property.

6. A reasonable attempt will be made to contact State or local government officials regarding recognized
environmental condit ions in connection with the
property.

7. The results of the field site reconnaissance will be summarized, along with summaries of the site personnel
interviews, site characteristics, records review,
historical review, and potential for contamination; this will be used to develop findings, opinions, and
conclusions.

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 8

8. Opinions for additional appropriate investigation
(unrelated to potential Phase II assessment activities) are required by ASTM 1527 -13. This opinion, if
appropriate, will be provided in the report.

9. Recommendations for Phase II assessment activities will be included in the report unless specifically requested otherwise by CLIENT.

CONSULTANT’s findings, along with appropriate supporting data, will be presented in an environmental site assessment report. An electronic file (PDF format) of the final document will be provided to CLIENT.

Phase I Environmental Site Assessment, Fixed Fee....$2,500.00

TOTAL FOR THE ABOVE SCOPE OF SERVICES, FIXED FEE AND FIXED UNIT COST, NOT TO EXCEED..........................$10,728.00

4. Schedule: The schedule for completion of the above-described Services is estimated to be December 2019.

5. Fees and Payment Schedule: CONSULTANT shall be compensated for the above-described Services at the following rates:
(a) For completion of all Services set forth in “Scope of Services”:
$10,728.00

(b) For additional services requested and preauthorized by CLIENT’s written change order to this Agreement ,
including site inspections, and added graphic
presentation work, CONSULTANT shall be compensated at
the hourly rates set forth as follows:

Converse Consultants Schedule of Fees – Environmental:

Professional Services (Field and Office) Hourly Rate
Staff Professional $80
Senior Staff Professional $95
Project Professional $11
Senior Professional $135
Principal Professional $155
Principal/Consultants $190

Office Support Hourly Rate
Clerical/Word Processing $75
Drafting $75
CAD Operator/Drafting Manager $85

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 9
Direct/Reimbursable Expenses:

All direct/reimbursable expenses will be reimbursed at
cost, at the time they occur, with no additional mark - up. Mileage is reimbursed at the current standard IRS
rate. Travel time is not considered a reimbursable
expense.

6. Changes to Master Agreement.

Notwithstanding anything to the contrary in the Master
Agreement, and whether or not the below language is already a part of the Master Agreement, Paragraph 1 of the Master Agreement (formerly entitled “Retainer”) is deleted in its entirety and replaced with the following Paragraph 1 (now entitled “Nature of Services”):
“1. Nature of Services: CLIENT may retain CONSULTANT
to perform that work and/or to deliver those
materials as set forth in various Work Agreements
and Purchase Orders duly executed by CLIENT and
CONSULTANT, and any work and/or materials not
enumerated which are a normal c onsequence of
CONSULTANT's work assignment under such individual
Work Agreements or Purchase Orders (collectively,
the " Services"). Only Services performed by
CONSULTANT which are set forth in a Work Agreement
or Purchase Order shall be compensated for by
CLIENT as otherwise provided in such Work Agreement
or Purchase Order. Services not specifically set
forth either in a Work Agreement or a Purchase Order
will not be authorized, and CLIENT shall not be
contractually or otherwise bound by, or responsible
for, any Services so performed unless such other
Services, and the compensation therefor, are
specifically described in a separate writing
executed by both CLIENT and CONSULTANT.
“(a) Work Agreements . Except as provided with
regard to Purchase Orders desc ribed in
Paragraph 1(b) below, each specific work
assignment to be performed by CONSULTANT will
be defined by a separate document captioned
"Work Agreement ", which will refer to this
Agreement and which will set out such
information as may be necessary to define
adequately the specific work assignment (the
"Project"), the Services required, the
compensation for such Services and
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 10
reimbursement, if any, for certain expenses as
set forth in said Work Agreement. Each Work
Agreement will be executed by both parties and
will incorporate this Agreement by reference.
“(b) Purchase Orders. The term " Purchase Order"
refers to Services requested by CLIENT and
performed, or to be performed, by CONSULTANT
as evidenced by a document issued by CLIENT,
describing a request for work or materials not
a part of the scope of Services otherwise
contemplated by a Work Agreement or other
contract documents. It is intended that a
Purchase Order will address tasks of a minor
nature which do not necessarily com e within
the scope of any previously executed Work
Agreement. Each Purchase Order issued by
CLIENT will identify CONSULTANT, CLIENT, this
Agreement (by name, number, project location,
or other identifying characteristic), the
scope of the Services to be provided, and the
compensation therefor. After issuance of each
Purchase Order, the parties hereto will be
bound by all the terms and conditions of this
Agreement upon the CONSULTANT’s commencement
of performance of the Services identified in
the Purchase Order. Thereafter, or, if an
ongoing Service (such as trash pick-up), from
time to time thereafter, the CONSULTANT shall
issue an invoice for payment identifying, at
least, CONSULTANT, CLIENT, the Purchase Order
(by name, number, project location, or othe r
identifying characteristic) and, directly or
indirectly by reference, this Agreement. Such
invoice issued by CONSULTANT shall be, and
shall be deemed to be, CONSULTANT’s
confirmation of its acceptance of the Purchase
Order issued by CLIENT and the incorporation
by reference of all of the terms and
provisions of this Agreement. To avoid
misunderstanding, the parties hereto agree
that CONSULTANT’s actual acceptance of the
Purchase Order shall be evidenced by the
commencement of its performance of the
Services upon receiving the Purchase Order
either in writing or orally while the written
Purchase Order is being prepared by CLIENT
(which written Purchase Order shall be the
definitive expression of the Services and
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 11
compensation therefor unless CONSULTANT, upon
receipt of such written Purchase Order,
promptly raises an objection or
clarification).”
Notwithstanding anything to the contrary in the Master
Agreement, and whether or not the below language is already a part of the Master Agreement, Paragraph 15 of t he Master Agreement is deleted in its entirety and replaced with the following:
“15. Indemnification:

“(a) To the fullest extent permitted by applicable
law, CONSULTANT shall indemnify, defend and
hold harmless CLIENT, Lewis Management Corp.,
a Delaware corporation, as their interests
appear, and their respective successors,
assigns, members, partners, officers,
directors, shareholders, employees, agents,
affiliates, parents, and subsidiaries, and
each of them (collectively, for purposes of
this Paragraph 15 only, "Indemnitees"), from
and against any and all claims, demands,
liabilities, damages, costs or expenses,
including attorneys' fees and court costs,
(collectively, “ Claims”) made against
Indemnitees by third parties to the extent,
BUT ONLY TO THE EXTENT, that such Claims arise
out of, pertain to, or relate to the
negligence, recklessness, or willful
misconduct of CONSULTANT. In no event shall
the cost to defend charged to CONSULTANT
exceed CONSULTANT’s proportionate percentage
of fault, such percentage to be reasonably
established initially by written notice
delivered by CLIENT to CONSULTANT promptly at
the time of the initial Claim and subject
thereafter to (i) any further good faith
negotiated settlement or (ii) any final
determination purs uant to the dispute
resolution provision in this Agreement. To
the extent it is determined by settlement or
final determination, as provided in the
previous sentence, that CONSULTANT has
overpaid to CLIENT its proportionate share of
CLIENT’s cost to defen d, then CLIENT shall
promptly refund to CONSULTANT any such excess
costs. However, if it is so determined that
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 12
CONSULTANT has not paid to CLIENT CONSULTANT’s
full share of CLIENT’s cost to defend, then
CONSULTANT shall promptly pay over to CLIENT
the amou nt of any such unpaid share.

Notwithstanding the three previous sentences, in
the event one or more defendants to any such
Claim is unable to pay its share of defense
costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer
with other parties to the Claim regarding
unpaid defense costs. CONSULTANT’s duty to
indemnify, including the duty and the cost to
defend, is limited as provided in this Paragraph

15. “(b) Moreover, to the extent this Agreement is a
“construction contra ct” as defined in
California Civil Code Section 2783, this
indemnity shall not extend (1) to any Claims
arising from the sole negligence or willful
misconduct of, or any defect in design
furnished by, Indemnitees or (2) to any Claims
to the extent, BUT ONLY TO THE EXTENT, such
Claims arise from any such Indemnitee’s active
negligence or that of its employees. CLIENT
and CONSULTANT hereby expressly acknowledge
and agree that in the event CLIENT or
Indemnitees provide CONSULTANT with any
designs whatsoever, such designs are provided
merely as a recommendation. If CONSULTANT
incorporates such designs into any plans or
work which are the subject of the Services,
CONSULTANT shall be deemed to have exercised
its own professional judgment and adopted such
designs as its own and the indemnity to the
extent provided for herein shall be fully
effective.
“(c) CONSULTANT’s defense obligation, to the extent
it exists, shall arise immediately upon
written notice of Claims being provided to
CONSULTANT and includes, subject to
subparagraph (a), the obligation to defend any
Indemnitee with respect to any alternative
dispute resolution proceeding authorized as
well as matters related to investigation and
resolution of Claims. The provisions of this
Paragraph 15 shall survive expiration or
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 13
termination of this Agreement and shall
continue until such time as it is determ ined
by final judgment that the Claims against
Indemnitees are fully and finally barred by
any applicable statute of limitations and/or
statute of repose.“

7. Authority of Parties . Any corporation signing this Agreement, and each agent, officer, director, or employee signing on behalf of such corporation, but in his individual capacity, represents and warrants that said Agreement is duly authorized by and binding upon said corporation, duly adopted by said Board of Directors and transcribed in full in the minutes of said corporation. Any individual signing this Agreement on behalf of a partnership or business entity other than a corporation represents that such other entity has power and authority to enter into this Agreement, and by such person's act is bound hereby.

8. Electronic Signatures . Each party agrees that if this Agreement utilizes “Electronic signature(s),” whether digital or encrypted, such Electronic Signatures are intended to authenticate this writing and to have the same force and effect as manual signatures. As used herein, an Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, (including facsimile signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.

9. Counterparts. This Agreement may be executed in multiple counterparts, each of which when executed (either as an Electronic Signature or manual signature) and delivered shall be an original, but all of which shall constitute one and the same Agreement. Any signature page of this instrument may be detached from any counterpart without impairing the legal effect of any signatures thereof, and may be attached to another counterpart, identical in form thereto, but having attached to it one or more additional signature
pages. Delivery by any Party of an executed counterpart page electronically shall be as binding an execution and delivery of this instrument by such Party as if the other Party had received the actual physical copy of the entire instrument with an ink signature from such Party. So long as this Agreement is fully executed, at least in counterparts, any counterpart set of the Agreement executed by the Party against whom enforcement of this Agreement is sought shall be
DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 14
admissible into evidence as an original hereo f to prove the contents hereof.

10. Except as provided herein, all provisions of the Agreement shall remain in full force and effect.

11. The Agreement (including this Work Agreement) fully and completely expresses the agreement of CONSULTANT and CLIENT.

There are no covenants, warranties, or representations which are not expressly set forth in the Agreement (including this Work Agreement) and if either party hereto has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, the same are superseded by the Agreement (including this Work Agreement).

THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

SIGNATURES FOLLOW ON NEXT PAGE

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 MCA-WA CA DESIGN PROFESSIONAL 6-28-18 Page 15
IN WITNESS WHEREOF, the parties have executed this Work Agreement effective as of the date first above written.

CLIENT: R
I
1 M
I
1 LEWIS-HILLWOOD RIALTO COMPANY, LLC,
a Delaware limited liability company

By: LEWIS-RIALTO COMPANY, LLC,
a Delaware limited liability company - Its Managing Member

By: LEWIS MANAGEMENT CORP.,
a Delaware corporation - Its Sole Manager

By: _______________________________________
Name: J. Scott Crawford
Its: Authorized Agent

Date Accepted:

OD1

CONSULTANT:

THE CONVERSE PROFESSIONAL GROUP INC. dba CONVERSE CONSULTANTS, a California corporation

Signature:

CS1
Print Name:

CN1
Title:

CT1
Contractor’s License No.:
(if applicable)

License Expiration Date:

Date Accepted:

CD1

DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7 not applicable
Norman Eke
December 6, 2019 | 5:08 PM PST
not applicable
Senior Vice President
December 10, 2019 | 11:33 AM PST
Lewis Management Corp.R5544440 12/06/1916:15:51
LOC0002B Page -Progressive Billing Worksheet 1
As Of- 12/06/19
Converse Consultants Payment Request No. : _______________Contractor 250550 Contract 23445 OC 70220 RENAISSANCE: Phase III Period From : _______________ 70220800 Renaissance Residential DevProject No. Period To : _______________ Change
No.

Line
Number
Job
No
Cost
Code
Description
of Work
Scheduled
Quantity
U
M
Unit
Cost
Scheduled
Value
Previous
Earned
Balance
Remaining
Quantity
Billed
Total
Earned
Billing
Amount
Retainage
Amount

1.000 70220800 310670 PhIII Remediation Reports LS 7,978.00 7,978.00 _____________ _____________ _____________ ____________

2.000 70220800 310670 1000 Point Count Analysis 1.0000 EA 250.0000 250.00 250.00 _____________ _____________ _____________ ____________

3.000 70220800 310670 PhI Enviro Site Assessment LS 2,500.00 2,500.00 _____________ _____________ _____________ ____________ Total Original Subcontract 10,728.00 _____________ ______________________________________10,728.00 _____________ _____________ ____________Retainage _____________ _____________ _____________ ____________Net Subcontract 10,728.00 _____________ 10,728.0010,728.00Total Subcontract _____________ _________________________ _____________ _____________ _________________________Retainage _____________ 10,728.00 _____________ _____________Net Subcontract _________________________ DocuSign Envelope ID: CBBE4FBE-1F7B-4B76-B8F5-CDA499B077A7

CONTRACT WRITING CHECKLIST
Vendor#: 0*3*00 Contract #
vendor: f UfiVrVLe. I t/il 1
Job Name: Change Order #
Sub Job:
owner UfUis-liilUuQQcTP\ntU Queue #
Project Manager:

Contract Admin: EdMrturdv,
'
Procedure Date Complete
Preparing and Logging Contracts
{a - pRead Proposal and Check Vendor's Addition
Enter Dollars in JDE; Print Out a Copy to Put with the Backup Changes to the Master Agreement? Yes (N9> CO
Is Master Agreement or Short Form needed? If yes, write Master Agreement Enter Master Agreement in JDE (PC side) _
Write Work Agreement
Proof Read Contract(s), Double Check Math
Check Off on Contract Queue
Enter on Vendor Log and Personal Contract Log
If New Master, Enter on Vendor Log in Red and the Version Date Eric Saenz (ONLY if Civil Engineering)
Daniel Coburn - Review
Contract Approvals & Signatures
Docusi&n: Create New Envelope
Wrqject Manager - Needs to Sign (Initial) (1st page, top right corner) Wepdor - Needs to Sign (Sig Block-Signature, Name, Date & Fields) ______________________
'doptract Admin - Needs to Sign (Initial) (1st page, top right corner) V^Scott Crawford - Needs to Sign (Sig Block-Signature, Name & Date) \^ryan Goodman - Receives a Copy
—
Suf^erffitendent (if Field work)- Receives a Copy
JDaniel Coburn - Recives Copy /
nsurance - Receives a Copy ([email protected]) Legal - Receives a Copy ([email protected])
Scanning - Receives a Copy ([email protected]) Update Contract Queue with Date Sent and Personal Log
Take Backup to LMC Signer - Return email after Vendor Signs (Initial) Fuiiv Executed
Mark "Signed" in JDE ana
Change the Master to Teal on Vendor Log, if applicable
Update Contract Queue
Send Backup to Scanning Department (checklist in front)

3/lnvo\ces
RFCFH/rC C0NTRACT L po request form
Dste Requfftf^vg^
LEWISQueue No.
^ New Contract
o Purchase Order
Project Mgr:

Vendor Namer
Job Name:

Vendor Contact Person:

Description of Work:
tq-
o Change Order to Contract No.:
/• J^ cmVJ-KVendor No.:

Owner Name
APN/Tract:
iy_ ae^goc (vrioxo oievcti
Vendor Project No. Approx End Date:

Cost Type Cost Code(s) Amount / Change Order Amount
}p\o b'lo »____\nn2£>____________________i
$
$
SCHEDULE OF FEES: )C Fixed Fee o T & M / Hourly Rates
o Fixed Unit Prices Reimbursables $
Retention % Special Note:

For Construction Contracts:
o Vendor Exhibits
o Lewis Specifications
PM Approval \\\o,| |<^
EXISTING MASTER:

Dated:

Notes:

Bid Plan Date
Approved Plan Date
Addendums! Rate Sheet?
o SB 474 Amendment
o MSA - Master Subcontract-LMC Only
o SMA - Master Services
MCA - Master Consultant
o MOC - Master Owner & Contractor
Changes to Master?
SUPER MASTER:

Dated:

NEW MASTER:

Dated:

X
o OS - Subcontract Agreement (LMC)
o JDZ - Services Agreement
OC - Consultant Agreement
o OW - Owner & Contractor
NEW CONTRACT / PO NUMBER: ^ Dated :j2-j mB Completed By/; I/}

LEAD-BASED PAINT AND HAZARDOUS BUILDING MATERIALS
Rialto Municipal Airport
Building Next to 1451 (No Address), 1455, 1474, 1479, and 1485 North Linden Avenue
Rialto, California
Converse Project No. 14-41-172-00(07)
Mr. Collier:

Converse Consultants (Converse) appreciates the opportunity to present this proposal for a Pre-Demolition Asbestos, Lead-Based Paint (LBP) and Hazardous Building Materials Survey at the referenced site. Based on the information provided by Lewis Operating Company (herein referred to as Client), it is Converse’s understanding that the site consists of four (4) buildings to be demolished.

It is also our understanding that the purpose of the survey is to evaluate suspect building materials prior to demolition of the structures. Based on changed procedures by the South Coast Air Quality Management District (SCAQMD), samples of concrete foundations and paved areas will also be sampled.

SCOPE OF SERVICES
Asbestos Survey
The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the buildings. Based on Converse’s understanding of the property, and the client’s needs, budget and schedule as presented, the following scope of services is proposed:

1. Visual survey of the structures on-site for suspect asbestos-containing materials and homogeneous areas (areas that have uniform color, texture, and appearance).

Buildings of homogenous construction, functional space use and age will be grouped 717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 4 www.converseconsultants.com

Lewis Management Corp.

Converse Project No. 14-41-172-00(07)
August 9, 2019
together. Non-homogenous structures will be surveyed independently of each other.

If construction plans and/or specifications are available, Converse can review these items to help in the identification of potential asbestos-containing materials (ACMs).

Suspect materials will be divided into friable and non-friable materials. The homogenous materials will be placed in one of the following Environmental Protection Agency (ERA) categories:
• Surfacing Materials (sprayed or troweled-on materials) • Thermal Systems Insulations (materials generally applied to various mechanical systems)
• Miscellaneous Materials (any materials which do not fit in the above categories) Accessible interior and exterior areas will be sampled for the presence of asbestos.

Destructive sampling will be performed. Samples of general building components (i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout a particular building or group of homogenous buildings. Converse will not make a second effort to survey buildings, or portions of buildings, not accessible during the field reconnaissance.

Destructive sampling methods will be employed during this survey. Void spaces between walls, floors and ceiling will be observed and sampled at select locations if structure is unoccupied. Destructive sampling consists of collecting bulk samples from the surface to the depth of suspect materials, when feasible. Penetrations large enough to fully expose, access, and sample areas containing suspect materials will be made.

2. Collect samples of suspect ACMs in representative homogenous areas determined by visual examination and review of plans. Up to 135 bulk samples including layers will be collected following accepted EPA procedures and will be analyzed for asbestos content. Attached to this proposal is a summary table which identifies the number of bulk samples estimated to be collected per building or group of homogenous buildings. If additional sampling is necessary, Client will be notified of all additional costs. The additional sampling will not be completed without prior authorization of the Client.

The strategy for the collection of asbestos samples will be in accordance with EPA guidance document "Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials", EPA 560/5-85-030a, October 1985, 40 CFR 763 (AHERA), and appropriate air pollution control district regulations. According to OSHA Regulation 29 CFR 1926.1101, a minimum of three samples must be collected of each suspect ACM.

3. Destructive sampling methods will be employed during this survey. Therefore, sample locations will not be repaired.
@ Copyright 2019 Converse Consultants 2

Lewis Management Corp.

Converse Project No. 14-41-172-00(07)
August 9, 2019
In addition to the bulk samples collected from the interiors of the buildings, samples will be collected from the roofs and exteriors of the buildings. However, Converse does require written authorization for roof sampling. Please note that puncturing a roof membrane will typically invalidate any warranty for the roof. In addition, Converse does not guarantee the quality or usefulness of roof patching material.

4. Samples collected will be processed for shipment to an accredited laboratory following ERA protocol and chain-of-custody procedures. Samples at the laboratory will be analyzed, on a normal turnaround basis (5 business days), for asbestos content using polarized light microscopy (PLM).

The results of the survey will be evaluated to determine if asbestos-containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain asbestos, and a field generated sample location map. An electronic file (PDF format) of the final document will be provided to the Client.

LBP Survey
The LBP Survey will be limited to the predominant style of accessible components that are present at the buildings. The survey will be performed using a direct reading x-ray fluorescent (XRF) device. Based on Converse’s understanding of the property, and the client’s needs, budget and schedule as presented, the following scope of services is proposed:

Visual survey of the buildings on-site for damaged painted surfaces. Accessible areas will be sampled for the presence of damaged suspect LBPs. Samples of general building components (i.e., visually identical surface paints) will be assumed to be representative of materials used throughout a particular building.

The survey is intended to identify representative painted surfaces. The survey is not intended to identify all painted surfaces or comply with Housing and Urban Development (HUD) Guidelines.

Other Hazardous Building Materials
The visual survey of other hazardous materials will include:

Lewis Management Corp.

Converse Project No. 14-41-172-00(07)
August 9, 2019
• An inventory of equipment that may contain PCB oils (i.e. fluorescent light ballasts).
• The total amount of fluorescent light tubes will be estimated. • Thermostats will be examined and inventoried if found to contain mercury.

TIME SCHEDULE
It is anticipated that the survey will require 4 to 5 weeks to complete. Preliminary information will be communicated to you as it develops during the course of the survey.

CONDITIONS AND FEES
Converse services will be performed in accordance with our Master Agreement with you. The fee for the scope of services described will be $7,978.00 and will be billed on a lump sum basis. Payment terms are net 30 days.

Written authorization will be required to initiate our services. Written authorization via receipt of a facsimile copy of this proposal is acceptable, provided an original copy is received at Converse’s office within three (3) business days. This proposal expires 60 days from its issuance, if not accepted within that time.

As stated in the body of the proposal, an electronic file (PDF format) of the report will be provided. Additional hard copies of the report are available for $100.00 each.

Additional professional services, including revisions to the scope of services, meetings, consultation with other parties, composition of reliance letters or detailed cost estimates are not included in the standard fee. Requested additional services can be provided on a time-and-materials basis.

Converse’s services are performed in a professional manner with the best interest of our Client in mind. Work is performed with care, exercising the customary thoroughness and competence of consulting professionals in the relevant disciplines, in accordance with the standard for professional services at the time and location those services are rendered.

The most comprehensive scope of services may fail to detect ACMs or LBPs at a particular site. Therefore, Converse cannot act as an insurer or “certify” that a site is free of ACMs or LBPs.

Additional analyses to evaluate asbestos content at low percentages, such as 1,000-point count analysis, may be necessary to distinguish between ACMs, asbestos-containing construction materials and non ACMs. Converse has not included an estimate for point counting as a part of the proposed scope of services. Trace results will be reported as ACM unless point counted.

Lewis Management Corp.

Converse Project No. 14-41-172-00(07)
August 9, 2019
Analysis by Transmission Electron Microscopy (TEM) can be used to further evaluate asbestos content in bound matrices. No TEM analysis is budgeted in the proposed scope of services.

It should be recognized that this proposal and its scope of services are proprietary in nature, and as such, may not be used as a specification or bidding document for and/or by others without the express prior written consent of Converse Consultants.

Thank you for this opportunity to be of service. Should you have questions regarding this proposal, please contact Norman Eke at (626) 930-1260. If it is acceptable as written, please approve and forward one signed copy of this proposal to Converse’s office.

Sincerely,

CONVERSE CONSULTANTS
Norman S. Eke
Certified Asbestos Consultant #96-2093
Managing Officer
Enel: Maps of Areas to be Assessed
Schedule of Fees (EP2019)
Dist: 1/Addressee via Electronic Mail
NSE:jjl
Copyright 2019 Converse Consultants 5

CLOSURE

Lewis Management Corp.

Converse Project No. 14-41-172-00(07)
August 9, 2019

ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEED
Firm Name:

By:____________________
Signature:

Title:__________________
Telephone No. ( )
Email Address:

Approval for Roof Sampling:

P.O. No./Billing Instructions23:
□ Complete Roof
Sampling
(Client)1 2 3
(Print Name)
Date:
□ Do Not Complete
Roof Sampling
Identification of Requested Other Relying Parties (Include names, addresses, telephone numbers):
1 Invoices to be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. 2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here.

Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization.
3 Converse has been informed by the Client that this is not a prevailing wage project as determined by local Labor Code. In the event it is later determined that this project is subject to prevailing wages, our fees will be adjusted retroactively to project inception in accordance with Converse’s Prevailing Wage Fee Schedule. © Copyright 2019 Converse Consultants 6

Renaissance Phase 3 Demolition
Lewis-Hillwood Rialto Company, LLC

CONVERSE CONSULTANTS
Schedule of Fees
Environmental Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31,2020.

Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.

Professional Services (field and office)
Staff Professional..........................................................................................................................................................$80 Senior Staff Professional................................................................................................................................................95 Project Professional......................................................................................................................................................110 Senior Professional.......................................................................................................................................................135 Principal Professional...................................................................................................................................................155 Principals/Consultants..................................................................................................................................................190 Office Support
Clerical/Word Processing............................................................................................................................................$75 Drafting.............................................................................................................................................................................75 CAD Operator/Drafting Manager...................................................................................................................................85 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting vacation or sick leave within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.

Expenses

1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.

2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent.

3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of 0.58 cents per mile for company-owned vehicles traveling between principal office and project.

4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent.

Invoices

1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.

2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.

3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.

General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.

Converse Consultants EP2019

From:

To:

Subject:

Date:

Attachments:

Norman 5, Eke
Anne-Merie Maldaaadfl
FW: Asbestos Point Counting - Additional Cost
Wednesday, September 25, 2019 1:42:29 PM
imgggQQl.png
imaaeOQ3,png
Add to budget
From: Adam Collier <[email protected]>
Sent: Wednesday, September 25, 2019 1:29 PM
To: Laura A. Tanaka <[email protected]>
Cc: Norman S. Eke <[email protected]>
Subject: RE: Asbestos Point Counting - Additional Cost
Please use this email as a notice to proceed-
Adam Collier
Project Manager
Lewis Management Corp.
1156 N. Mountain Avenue
Upland, CA 91786
[email protected]
(909) 946-7593 Direct/Fax
(626) 641-5855 Mobile
www.LLewisgroupQfCQmpanies..cpm / www.LewisCareer5.com
Follow Lewis Group of Companies
Linkedin face-baok Instagram Twitter
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is also legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender and immediately destroy the original transmission and its attachments without reading or saving in any manner. Thank you.

From: Laura A. Tanaka <[email protected]> Sent: Wednesday, September 25, 2019 1:00 PM
To: Adam Collier <[email protected]>
Cc: Norman S. Eke <[email protected]>
Subject: Asbestos Point Counting - Additional Cost
Importance: High
Adam -
Our lab results for the asbestos survey are coming in and there is one sample of floor tile mastic from the 1455 N. Linden building that contains a trace amount of asbestos. Based on this lab result, the material will need to be abated and disposed of as hazardous asbestos waste. However, there is a potential that with further testing, the material could

become an asbestos-containing construction material or non-asbestos containing. If we re submit the sample to the lab for a 1,000 point-counting test, we may be able to classify the material differently, which could save on abatement or disposal costs (depending on the results).

The point counting will cost an additional $250 and take 2 days to get the results.

Can I submit the sample for the point counting for the additional cost stated? Laura Tanaka
Principal Environmental Scientist
3176 Pullman Street, Suite 108
Costa Mesa, CA 92626
Costa Mesa Office: 714-444-9660, Ext. 361
Monrovia Office: 626-930-1261
Cell: 626-807-3422
Since 1946... Yesterday’s Experience, Today’s Quality, Tomorrow’s Vision The information contained in this e-maii message (including attachments) is intended only for the personal and confidential use of the recipient(s) named above. This message (including attachments) may be work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.

From:

To:

Cc:

Subject:

Date:

Adam Collier
Jennifer j. Loeppkv: Ernie Stueki; Justin Lorenzen
Norman S. Eke: Anne-Marie Maldonado
RE: Lewis MC, Rialto Municipal Airport; 14-41-172-00(07) Thursday, August 22, 2019 2:28:54 PM
Norman, please use this email as a notice to proceed for the Phase 1 and the additional asbestos testing. Please let me know when you schedule the field testing and I can coordinate access.

Adam Collier
Project Manager
Lewis Management Corp.
1156 N. Mountain Avenue
Upland, CA 91786
[email protected]
(909) 946-7593 Direct/Fax
(626) 641-5855 Mobile
www.LewisGroupOfCompanies.com / www.LewisCareers.com
Follow Lewis Group of Companies
Linkedin Facebook Instagram Iwjtiei
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is also legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender and immediately destroy the original transmission and its attachments without reading or saving in any manner. Thank you.

From: Jennifer J. Loeppky <[email protected]> Sent: Friday, August 9, 2019 2:19 PM
To: Adam Collier <[email protected]>
Cc: Norman S. Eke <[email protected]>; Anne-Marie Maldonado <[email protected]>
Subject: Lewis MC, Rialto Municipal Airport; 14-41-172-00(07) Good Afternoon,
Attached is our proposal to perform a supplemental survey for asbestos, lead-based paint and hazardous building materials for the Rialto Municipal Airport project, specifically the building next to 1451 (no address), 1455, 1474,1479, and 1485 North Linden Avenue located in Rialto, California; Converse Project No. 14-41-172-00(07).

If you have any questions or need additional information, please feel free to contact Norman Eke at (626)930-1260.

Thanks,
Thank you.

Jennifer Loeppky
Word Processor
Converse Consultants
717 South Myrtle Avenue
Monrovia CA 91016
Main: 626-930-1200
Direct: 626 930-1246
Fax: 626 930-1212
The information contained in this e-mail message (including attachments) is intended only for the personal and confidential use of the recipient(s) named above. This message (including attachments) may be work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.

Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services August 9, 2019
Mr. Adam Collier
Project Manager
Lewis Management Corp.
1156 North Mountain Avenue
Upland, California 19786
Subject: PROPOSAL - PHASE I ENVIRONMENTAL SITE ASSESSMENT Rialto Municipal Airport
1449, 1451, 1455, 1461, 1467, 1474, 1479, and 1485 North Linden Avenue Rialto, California
Converse Project No. 14-41-172-00 (08)
Mr. Collier:

Converse Consultants (Converse) appreciates the opportunity to provide this proposal to conduct a Phase I Environmental Site Assessment (ESA) for the referenced property.

Based on the information provided by Lewis Management Corp. (herein referred to as Client), it is Converse’s understanding that the subject property consists of nine (9) buildings to be demolished (see attached map for area to be assessed).

Scope of Services
Converse will generally follow the standard practices of the American Society for Testing Materials (ASTM) Phase I Environmental Site Assessment Process (Standard: E1527- 13). The ASTM Standard El 527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), that is, the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice.

Based on Converse’s understanding of the property, and the Client’s needs, budget and schedule as presented, the following Scope of Services is proposed:

1. Review of regulatory agency records to help identify recognized environmental conditions in connection with the property; generally, this review will be limited to 717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
public information that is readily available and practically reviewable at a reasonable time and cost; examples of standard environmental sources typically reviewed include:

Listing Approximate Minimum
Search Distance
Federal National Priority List (NPL) Sites 1.0 mile
Federal Delisted NPL Site List 0.5 miles
Federal CERCLIS Sites 0.5 miles
Federal CERCLIS NFRAP Site List 0.5 miles
Federal RCRA (Resource-Conservation & Recovery Act)
Federal RCRA CORRACTS Facilities List
Federal RCRA non-CORRACTS TSD Facilities List
Federal RCRA Generators List

1.0 mile

0.5 miles
Property & Adjoining
Properties
Federal institutional controls/engineering controls registries Property Only Federal Emergency Response Network System (ERNS) List Property Only State and Tribal list of hazardous waste sites identified for investigation or remediation:

State and tribal equivalent NPL
State and tribal equivalent CERCLIS

1.0 mile

0.5 miles
State and tribal landfill and/or solid waste disposal sites 0.5 miles State and tribal leaking storage tank sites 0.5 miles
State and tribal registered storage tank lists Property & Adjoining Properties
State and tribal voluntary cleanup sites 0.5 miles
State and tribal institutional controls/engineering controls registries
Property Only
State and tribal voluntary cleanup sites 0.5 miles
State and tribal brownfield sites 0.5 miles
Regarding the Property, local regulatory records and sources, such as the fire department, health department, air pollution district, sanitation district, etc. will be contacted as appropriate. Agency files will be reviewed as determined by the Environmental Professional. The probable cost for up to one (1) file review has been included in our fee. The file review(s) will not be completed without prior authorization of the Client.

Requests for adjoining properties will also be made as deemed appropriate; additional costs that cannot be calculated at this time may be incurred in order to address adjoining properties. Converse will notify the Client for approval prior to incurring additional costs. 2 *

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
subsurface/surface potential for pollutant transport from public sources to evaluate depth to groundwater and generalized gradient will be conducted if appropriate.

3. Historical use information will be obtained through the review, as appropriate, of such documents as aerial photographs, fire insurance maps, city directories building permits, USGS topographical maps and other non-standard historical sources. The purpose of the historical review is to help identify uses that may have led to recognized environmental conditions in connection with the property. The actual number of documents reviewed will depend upon the site. Converse will attempt to complete the historical review back to the property’s first developed use, or back to 1940, whichever is earlier.

4. Visual survey of property and adjacent sites for indications of potential for contamination or contamination generators. Converse will make one visit to the property for interviewing site personnel and conducting a site reconnaissance. The objective of the site reconnaissance is to obtain information indicating recognized environmental conditions in connection with the property.

5. A reasonable attempt will be made to interview the owner(s), site manager(s), major occupant(s) and occupant(s) as required by ASTM 1527-13 and whose operations are likely to indicate recognized environmental conditions in connection with the property.

6. A reasonable attempt will be made to contact State or local government officials regarding recognized environmental conditions in connection with the property.

7. The results of the field site reconnaissance will be summarized, along with summaries of the site personnel interviews, site characteristics, records review, historical review, and potential for contamination; this will be used to develop findings, opinions and conclusions.

8. Opinions for additional appropriate investigation (unrelated to potential Phase II assessment activities) are required by ASTM 1527-13. This opinion, if appropriate, will be provided in the report.

9. Recommendations for Phase II assessment activities will be included in the report unless specifically requested otherwise by the Client. 10

10. It is the User’s responsibility to search for the existence of environmental liens and activity and use limitations on the Property. We have included a separate line item in our cost if you elect to retain Converse to perform this function.

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
Our findings, along with appropriate supporting data, will be presented in an environmental site assessment report. An electronic file (PDF format) of the final document will be provided to the Client.

Business Environmental Risk
An evaluation of your business environmental risk associated with the subject property may necessitate additional assessment beyond this scope of services. The ASTM Standard E1527-13 defines a business environmental risk as “a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice”.

The following are examples of business environmental risk items that are intentionally, and by mutual agreement, excluded from our scope of services. They are non-scope considerations, unless specifically addressed elsewhere in this proposal or a separate proposal.

Asbestos-containing Building Materials
Lead-based Paint
Wetlands
Cultural & Historic Resources
Industrial Hygiene
Health & Safety
Mold
Diffuse Anthropogenic Pollution
Radon
Lead in Drinking Water
Regulatory Compliance
Ecological Resources
Endangered Species
Indoor Air Quality
Biological Agents
Non-liquid Polychlorinated Biphenyls
Some of the above or other non-scope considerations may need to be assessed in order to evaluate your business environmental risks.

Client/User Responsibility
For the purposes of this assessment, the Client agrees to provide or obtain safe access and right-of-entry to the subject property for our equipment and personnel. In an attempt to obtain information on recognized environmental conditions in connection with the property, Converse will make reasonable attempts to interview current owners and occupants of the property. The Client agrees to assist in identifying the owner or key personnel who may have knowledge of the uses and physical characteristics of the property.

The Client agrees to notify Converse, prior to the initiation of the Phase I ESA, of any party that the Client and/or current property owner do not want to be interviewed during © Copyright 2019 Converse Consultants 4

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
the course of the Phase I ESA. The Client recognizes that any limit on the scope of the assessment may result in a limitation on our ability to comply with the requirements of the ASTM standard.

Converse understands that the Client is the only intended user of the document. If it is the intent to have other parties rely on the Phase I ESA report, they must be identified on the Acceptance of Agreement and Authorization to Proceed form. It is important that the other relying parties be made aware of the information which follows regarding their responsibilities if they wish to satisfy the requirements for All Appropriate Inquiry.

The Client agrees to provide any information available to the Client or other Users relating to past and current uses of this property and to the past and/or current contamination of this property by toxic or hazardous substances. It is the Client/Users responsibility to search for reasonably ascertainable recorded land title records for environmental liens and activity use limitations. Anyone seeking defenses to CERCI-A liability must take independent action to perfect their position.

In order to facilitate the collection of useful information, Converse has provided two forms for your use. Attachment A is a questionnaire that is included in ASTM 1527-13 as Appendix X3. This questionnaire addresses the issues detailed in ASTM 1527-13 Section 6 User’s Responsibilities. Converse is providing the form to assist you in complying with the statutory requirements of the AAI law. To quote the ASTM questionnaire (Attachment A):

In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the user must conduct the following inquiries required by 40 CFR 312.25, 312.28, 312.29, 312.30, and 312.31.

These inquires must also be conducted by EPA Brownfield Assessment and Characterization 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 inquires” is not complete.

The second form, Attachment B, is to help you document your response to ASTM Section

10.8, Questions About Helpful Documents. These questions also apply to the property owner and key site personnel. Converse recommends the Client check with the property owner and key site personnel for assistance in answering the questions in Attachment B.

Converse requests that you review and sign these forms and return them with the project authorization or as soon as possible so we can incorporate the responses into the Phase I ESA report.
^ Copyright 2019 Converse Consultants 5

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
Time Frame/Schedule
The final report will be presented within 20 to 25 business days from receipt of written authorization to proceed. Written authorization via receipt of a facsimile copy of this proposal is acceptable, provided an original copy is received at Converse’s office within three business days. If requested by the Client, verbal information can be presented as it develops during the course of the assessment. If Client imposes a deadline of less than 20 calendar days, it will be noted in the report as a limiting condition.

Fees and Conditions
Converse services will be performed in accordance with our master agreement with you.

The fee for the Scope of Services described will be $2,500.00 and will be billed on a lump sum basis. Payment terms are net 30 days.

If Client elects to retain Converse to perform the additional function of searching environmental liens and activity and use limitations, an additional fee of $500.00 per parcel will be added to the total cost of the project.

Written authorization will be required to initiate our services. This proposal expires 60 days from its issuance, if not accepted within that time.

As stated in the body of the proposal, an electronic file (PDF format) of the report will be provided. If hard copies of the report are requested, there will be an additional cost of $100.00 per copy.

Additional professional services, including revisions to the scope of services, meetings, consultation with other parties, composition of reliance letters, detailed cost estimates, file reviews for adjoining properties, or Phase II scopes of work are not included in the standard fee. Requested additional services can be provided on a time-and-materials basis.

This assessment will be performed in general accordance with the guidelines put forth in ASTM Standard E1527-13, and generally accepted professional environmental principles and practice of like firms in the local area of our practice. Converse makes no other warranty, either express or implied.

It should be recognized that this proposal and its scope of work are proprietary in nature, and as such, may not be used as a specification or bidding document for and/or by others without the express prior written consent of Converse Consultants.

If third party reliance requirements change, Client agrees with Converse Consultants that, to be valid, such request must be received within 180 days of the date of submission Copyright 2019 Converse Consultants 6

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
indicated on the title page of referenced report. Client and Converse Consultants also agree to the following:
• Reliance must be authorized through Converse Consultants’ standard reliance agreement.
• The party seeking reliance must agree to accept the same terms and conditions Client accepted.
• The third party must agree to abide by the same qualifications and limitation contained in any of Converse Consultants’ instruments of professional service. • Client and/or third party must pay a reliance fee of $1,000 (one thousand dollars) that considers the additional administrative burdens, increased costs incurred, and risk assumed by Converse.

Sincerely,

CONVERSE CONSULTANTS
Norman S. Eke
Senior Vice President / Managing Officer
Enel: Attachment A - User Questionnaire
Attachment B - Client/User/Owner Provided Information
Map of Area to be Assessed
Dist: 1/Addressee via Electronic Mail
^ Copyright 2019 Converse Consultants 7
Closure

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019

ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEED
Firm Name:

By:____________________
Signature:

Title:__________________
Telephone No. ( )
Email Address:

Approval for Roof Sampling:

P.O. No./Billing Instructions23:
(Client)1 2 3
(Print Name)
Date:
□ Complete Roof
Sampling
□ Do Not Complete
Roof Sampling
Identification of Requested Other Relying Parties (Include names, addresses, telephone nos.):
1 Invoices to be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. 2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here.

In the event it is later determined that this project is subject to prevailing wages, our fees will be adjusted retroactively to project inception in accordance with Converse’s Prevailing Wage Fee Schedule. © Copyright 2019 Converse Consultants 8

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
Attachment A
APPENDIX X3 - User Questionnaire
In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the user must conduct the following inquiries required by 40 CFR 312.25, 312.28, 312.29, 312.30, and 312.31. These inquires must also be conducted by ERA Brownfield Assessment and Characterization 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 inquires” is not complete.

1. Environmental liens that are filed or recorded against the property (40 CFR 312.25).

Did a search of recorded land title records (or judicial records where appropriate) identify any environmental liens filed or recorded against the Property under federal, tribal, state or local law?

2. Activity and land use limitations that are in place on the property or have that been filed or recorded against the property (40-CFR 312.26).

Did a search of recorded land title records (or judicial records where appropriate identify any activity use limitations (AULs), such as engineering controls, land use restrictions or institutional controls that are in place at the property and/or have been filed or recorded in a registry under federal, tribal, state or local law? 3

3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28).

As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business?
© Copyright 2019 Converse Consultants 9

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29).

Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property?
Commonly known or reasonably ascertainable information about the property (40 CFR 312.30).

Are you aware of commonly known or reasonable ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, a) Do you know the past uses of the property?
b) Do you know of specific chemicals that are present or once were present at the property?
c) Do you know of spills or other chemical releases that have taken place at the property?
d) Do you know of any environmental cleanups that have taken place at the property?
The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31)
As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property?
Copyright 2019 Converse Consultants 10

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
In addition, certain information should be collected, if available, and provided to the environmental professional selected to conduct the Phase I ESA. This information is intended to assist the environmental professional but is not necessarily required to qualify for one of the LLPs. The information includes:
• The reason why the Phase I is required,
• The type of property and type of property transaction, for example, sale, purchase, exchange, etc.,
• The complete and correct address for the property (a map or other documentation showing property location and boundaries is helpful), • The scope of services desired for the Phase I (including whether any parties to the property transaction may have a required standard scope of services or whether any considerations beyond the requirement of Practice E 1527 are to be considered).
• Identification of all parties who will rely on the Phase I ESA report, • Identification of the site contact and how the contact can be reached, • Any special terms and conditions which must be agreed upon by the environmental professional,
• Any other knowledge or experience with the property that may be pertinent to the environmental professional (for example, copies of any available prior environmental site assessment reports, documents, correspondence, etc., concerning the property and its environmental condition).

Lewis Management Corp.

Converse Project No. 14-41-172-00 (08)
August 9, 2019
Attachment B
Client/User/Owner Provided Information
The following is a list of documents and information which could be useful to Converse Consultants in preparing your Phase I ESA. Check the appropriate boxes below, sign and return this along with copies of any reasonably available documents or information. This will be attached to and made part of your completed Phase I ESA report.

Document or Information Yes No
Environmental site assessment reports
Environmental compliance audit reports
Environmental permits (solid waste, hazardous waste, wastewater, NPDES, UIC, etc.)
Registrations or related information aboveground and underground storage tanks
Registrations for Underground Injection System
Risk Assessments
Recorded AULs
Safety Data Sheets (SDS)
Community Right-to-Know Plans
Safety, Preparedness and Prevention Plans; Spill Protection Countermeasures and Control Plans
Hydrogeological reports and Geotechnical studies
Hazardous waste generator reports
Notices or other correspondence from any government agency relating to past or existing environmental liens encumbering the property.

Information concerning any pending, threatened or past litigation or administrative proceedings relevant to hazardous substances or petroleum products
Notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products
Environmental problems with adjacent or vicinity locations Building plans
Current and historical photographs of the property
Disclosure of sumps, pits, drainage systems-existence and location COMMENTS:

I have reviewed the above list and have provided copies of the documents and information that exists that could be obtained within reasonable time and cost constraints.

Renaissance Phase 3 Demolition
Lewis-Hillwood Rialto Company, LLC
■
*r'il
: Ml
*L**.*I
Scope of Work:
1) Hazardous material
remediation as required
| 2) Demo and remove
existing buildings
2) Demo and remove
existing block walls, chain
link fencing, and gates
3) Pulverize existing asphalt
| and concrete and stockpile
within 100' feet of project
area
. Notes:

All existing utility services are
disconnected or will be
disconnected prior to
demolition.

BaKB
A ' ?
MBi&llifiSil
U tri

Rialto City CouncilJuly 12, 2022

Rialto City Council
July 12, 2022