Item 09 2024-00424 Approval of Professional Services Agreements for Laboratory Services for Groundwater Analysis in Relation to Monitoring and Regulatory Reporting of City of Sacramento’s Landfills (Y14000100) — Sacramento City Council, February 13, 2024

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00424 2/13/2024 Consent Item 9.

Approval of Professional Services Agreements for Laboratory Services for Groundwater Analysis in Relation to Monitoring and Regulatory Reporting of City of Sacramento’s Landfills (Y14000100)
File ID: 2024-00424
Location: District 4, Represented by Mayor Steinberg
Recommendation: Pass a Motion 1) awarding a professional services agreement to Enthalpy Analytical, LLC in an amount not to exceed $610,000 for a term of 5 years for laboratory services for groundwater analysis; 2) awarding a professional services agreement to Moore Twining Associates, Inc. in an amount not to exceed $750,000 for a term of 5 years for laboratory services for groundwater analysis; and 3) authorizing the City Manager or the City Manager’s designee to execute the agreements specified above.

Contact: Chris Thoma, Integrated Waste Planning Superintendent, (916) 808-4833, [email protected]; John Febbo, General Manager, (916) 808-4949, [email protected], Department of Public Works Presenter: None.

Attachments:
1 - Description/Analysis
2 - Agreement - Enthalpy Analytical
3 - Agreement - Moore Twining
Description/Analysis
Issue Detail: The City of Sacramento (City) is obligated to manage closed landfills where City- generated waste was disposed, which include the 28th Street, Dellar, Elvas, Cannon/Scollan, North City Substation, West Sutter's Landing, and Parcel 31 sites. Management of closed landfills is governed by California Code of Regulations (CCR) Title 27. Title 27 requires the City to submit monitoring reports, which include the analysis of groundwater, air, and soil samples taken from the closed landfills. The City’s monitoring and testing costs have risen over the past few years due to factors such as higher labor costs and increased regulatory requirements. On November 7, 2023,

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File ID: 2024-00424 2/13/2024 Consent Item 9.

Request for Proposal P24155771003 for Laboratory Services for Groundwater Analysis was posted to PlanetBids indicating that the Recycling and Solid Waste (RSW) Division was seeking proposals to enter into one or more professional services agreements for the lab services and reporting requirements. The RSW Division received two proposals from Enthalpy Analytical, LLC, and Moore Twining Associates, Inc. Both proposals were deemed responsive. To properly perform this analysis, the RSW Division is seeking to award professional services agreements for laboratory services for groundwater analysis with two vendors: Enthalpy Analytical, LLC and Moore Twining Associates, Inc.

Both vendors successfully demonstrated that each are capable of providing the necessary laboratory analysis services.

Policy Considerations: The recommendations in this report are in accordance with Sacramento City Code section 3.64.020 which requires Council approval of professional service agreements that are more than $250,000.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act (CEQA): The proposed activity is not subject to environmental review under the California Environmental Quality Act (CEQA), California Code of Regulations, title 14, section 15378 because it is not a project under CEQA.

Sustainability: Proper analysis of groundwater contributes to sustainability goals for land and water protection, in compliance with California Code of Regulations Title 27.

Commission/Committee Action: None.

Rationale for Recommendation: California Code of Regulations (CCR) Title 27 requires groundwater analysis as part of various monitoring reports the City must submit to the Central Valley Regional Water Quality Control Board (State Water Board) on a quarterly and semi-annual basis.

Without these laboratory services, the City would be out of regulatory compliance and possibly face fines or other sanctions.

On November 7, 2023, Request for Proposal P24155771003 for Laboratory Services for Groundwater Analysis was posted to PlanetBids indicating that the Recycling and Solid Waste (RSW) Division was seeking proposals to enter into one or more professional services agreements for sample testing and analysis services. To ensure timely regulatory reporting and to maintain overall cost-effectiveness, the RSW Division found it necessary to make an award to two vendors.

Proposals were due on December 4, 2023, and two responses were received: Enthalpy Analytical, LLC and Moore Twining Associates, Inc. A selected committee of City staff from the RSW Division reviewed the two proposals and deemed both proposers as responsive and capable of providing the

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File ID: 2024-00424 2/13/2024 Consent Item 9.
requested laboratory analysis services. Based on this review, the RSW Division recommends awarding professional services agreements for a term of 5 years for Laboratory Services for Groundwater Analysis with both vendors: Enthalpy Analytical, LLC and Moore Twining Associates, Inc.

Financial Considerations: There is sufficient funding within the Landfill Site Closure Project (Y14000100) to execute the Professional Services Agreements with Enthalpy Analytical, LLC in an amount not to exceed $610,000 and Moore Twining Associates, Inc. in an amount not to exceed $750,000 for laboratory services associated with groundwater analysis for terms of 5 years. Funding for future fiscal years is subject to funding availability in the adopted budget for the applicable fiscal year.

Local Business Enterprise (LBE): Enthalpy Analytical, LLC and Twining Moore Associates are both LBEs.

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CONTRACT

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessor’s Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______
Department Review and Routing
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ N/A
03/01/2024 02/28/2025
610000.00
Enthalpy Analytical, LLC.

Laboratory Services for Groundwater Analysis
Y14000100 P24155771003
Chris Thoma
Christina Whiteside [email protected]
01/29/2024
01/29/2024
01/29/2024
01/29/2024
YES
Public Works
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:

CONTRACT NAME: Laboratory Services for Groundwater Analysis CONTRACT PROJECT #: Y14000100
DEPARTMENT: Public Works
DIVISION: Recycling and Solid Waste

CITY OF SACRAMENTO
PROFESSIONAL SERVICES AGREEMENT*
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and

ENTHALPY ANALYTICAL, LLC
4620 Northgate Blvd, Ste 170
Sacramento, CA 95834
916-602-4284

(“Contractor”), as of the Effective Date, as defined below.

The City and Contractor agree as follows:

1. Effective Date. This Contract shall be effective beginning March 1, 2024.

2. Contract Documents. All exhibits and documents attached or referred to in this Contract are incorporated as if set forth herein, Including Exhibit A (titled “Scope of Services”) and Exhibit B (titled “Payment”).

If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.

3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to CITY the services described in Exhibit A (“Services”).

Contractor will not be compensated for services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies CITY and CITY agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) CITY, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.

CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required

* This form is to be used for all professional services, except services performed by architects, landscape- architects, professional engineers, or professional land surveyors, or services related to a construction project.

Form Approved by City Attorney 9-1-2020 Page 2
by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.

4. Payment.CITY shall pay Contractor at the times and in the manner set forth in Exhibit B.

Contractor shall submit all invoices to CITY in the manner specified in Exhibit B.

5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. CITY shall furnish to Contractor only the facilities and equipment listed below, if any.

6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.

7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.

8. Additional Requirements for Surveying, Material Testing, and Inspection Services. If this Contract includes any land surveying, material testing, or inspection services provided for a City construction project, during the design, pre-construction, construction, or post- construction phases of the project, the Contractor and any subcontractor or subconsultant performing any such services shall comply with the provisions specified in Exhibit E.

9. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:

https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.

Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:

Form Approved by City Attorney 9-1-2020 Page 3
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.

Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") may be applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:

https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.

Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.

[Signatures Page Following Exhibits]

Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1

EXHIBIT A

SCOPE OF SERVICES

1. Representatives.

The CITY Representative for this Agreement is:

Christina Whiteside, Administrative Analyst
City of Sacramento, Department of Public Works
2812 Meadowview Rd, Bldg #1, Sacramento, CA 95832
(916) 628 - 6842/[email protected]

The CONTRACTOR Representative for this Agreement is:

Mark Ellis, Business Development Manager
Enthalpy Analytical, LLC.
4620 Northgate Blvd Ste 170, Sacramento, CA 95834
(916) 525-6379/[email protected]

Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.

2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.

3. Time of Performance. The Services described in this Contract shall be provided for one (1) year, concluding on February 28, 2025. This contract may be extended on a year-to-year basis for up to five (5) years at the discretion of the City Manager. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A.

4. Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to this Contract are “Consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code. ____ yes __x__ no [check one]

Contractor shall cause the following to occur within 30 days after execution of this Contract:
(A) Identify the individuals who will provide Services or perform Work under this Contract as "Consultants"; and
(B) Cause these individuals to file with the City Representative the "assuming office" statements of economic interests required by the City's Conflict of Interest Code.

Thereafter, throughout the term of the Contract, Contractor shall cause these individuals to file with the City Representative annual statements of economic interests and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The City may withhold all or a portion of any payment due under this Contract or impose fines on the individuals until all required statements are filed.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT

1. CONTRACTOR’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 610,000.00.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.

2. Billable Rates. Contractor shall be paid for the performance of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.

3. CONTRACTOR’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. No charges or markup will be allowed unless specified in the Contract, including charges for travel and transportation.

4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. Contractor may request payment on a monthly basis.

Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY.

B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:

A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by Contractor must contain the following information:

(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (7) Contractor’s remit address
(8) Description of services billed under Invoice
(9) Amount of Invoice (itemize all authorized Reimbursable Expenses) (10) Total Billed to Date under Contract (if applicable) D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. CITY is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.

6. Accounting Records of CONTRACTOR. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the CITY upon reasonable written notice.

7. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1

EXHIBIT C

INSURANCE

1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.

Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.

3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)

_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non- owned and/or hired autos as appropriate to the operations of the Contractor.”

4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.

5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.)

_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”

6. Professional Liability Minimum Scope and Limits of Insurance Coverage. Professional Liability Insurance providing coverage on a claims-made basis for errors and omissions, or malpractice with limits of not less than one million dollars ($1,000,000):

Is _____ Is not __x__ [check one] required for this Agreement.

If required, such coverage must be continued for at least ____ year(s) following the completion of all Services under this Contract. The retroactive date must be prior to the date this Contract is approved or any Services are performed.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3

7. Other Insurance Provisions.The policies must contain, or be endorsed to contain, the following provisions:

A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.

B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.

C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.

8. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.

9. Verification of Coverage.

A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.

B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4

10. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor.

A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.

B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.

C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.

It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.

D. The provisions of this section will survive any expiration or termination of this Contract.

Nothing in this Contract creates an exclusive relationship between CITY and Contractor.

Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2

2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.

3. Time. Time is of the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.

4. CONTRACTOR Not Agent. Except as CITY may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever.

5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the CITY’s interests or that would in any way hinder Contractor’s performance under this Contract.

Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.

Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the CITY, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any CITY department, board, commission, or committee.

6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.

7. Confidentiality of CITY Information. During performance of this Contract, Contractor may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the CITY.

Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.

In addition, Contractor must comply with all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.

8. CONTRACTOR Information.

A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY.

B. Contractor shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify Contractor not later than ten days after CITY is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.

C. All proprietary and other information received from Contractor by CITY, whether received in connection with Contractor’s proposal to CITY or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to CITY, CITY shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.

D. The parties understand and agree that any failure by Contractor to respond to the notice provided by CITY and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by CITY in accordance with the Public Records Act.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4

9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.

10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to CITY under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.

Contractor shall assign only competent personnel to perform on its behalf under this Contract.

Contractor must notify the CITY in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the CITY, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.

11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.

12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption

13. Term; Suspension; Termination.

A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.

B. CITY shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.

C. The CITY shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the CITY terminates this Contract:

(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.

(2) The CITY shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the CITY any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.

14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.

15. Indemnity.

A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.

B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of the Contractor Information Section, above.

C. Survival. The provisions of this section will survive any expiration or termination of this Contract.

16. Funding Availability.

A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.

B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.

C. This Section shall govern over any other contrary provision of the Contract.

17. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees as follows:

A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”

B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.

C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the CITY shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.

F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the CITY join such litigation to protect the City’s interests.

18. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by CITY, in accordance with applicable provisions of the Sacramento City Code.

19. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.

20. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.

21. Waiver.Neither the CITY’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

22. Governing Law.This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

23. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the CITY. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect.

24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 23, above.

25. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.

26. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;

(2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 (5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.

B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.

C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.

D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 1

EXHIBIT E

ADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING, AND INSPECTION SERVICES

The Services provided under this Contract include land surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post- construction phases of the project. Therefore, the services include “Public Work” under the California Labor Code and is subject to the following requirements:

A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code Section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner.

Contractor shall include these requirements in every subcontract.

This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code Section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.

B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.

Further information can be found on DIR’s website at http://www.dir.ca.gov/Public- Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors.

Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 2 registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.

To be completed by the City Representative if this Agreement is for the performance of any Public Work:

Contractor DIR registration #: 1000041225
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.

D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.

E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.

F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.

G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.

PSA Signature Page – Approved by CAO 11-1-2019
Executed as of the day and year first above stated.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name:

Title:

For: Howard Chan, City Manager

ATTEST:

______
City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A Scope of Work
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
Exhibit E Additional Requirements for Surveying, Material Testing, and Inspection Services Attachment 1 to Exhibit A Scope of Services
Attachment 1 to Exhibit B Billable Rates
Attachment 1 to Exhibit C Insurance Certificates
PSA Signature Page – Approved by CAO 11-1-2019
CONTRACTOR:
______________________________________

NAME OF FIRM
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Sacramento Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Print Name and Title
______________________________________
Additional Signature (if required)
______________________________________
Print Name and Title
Laboratory Services for Groundwater Analysis
Attachment 1 to Exhibit A
Scope of Services
This Attachment 1 to Exhibit A is the Scope of Services ("Attachment") that supplements and incorporates by this reference the Professional Services Agreement (the "Agreement") between Enthalpy Analytical LLC ("CONTRACTOR") and the City of Sacramento ("CITY"). This Attachment describes the services for the Agreement as specified in the Request for Proposals ("RFP") package P24155771003, "Laboratory Services for Groundwater Analysis" (the "Project"), which is made a part of this Agreement and is fully incorporated herein by this reference. In the event of a conflict between this Attachment and RFP P24155771003 ("RFP"), the terms of this Attachment shall prevail.

CONTRACTOR shall provide the following services, including, but not limited to (the "Services"):

CONTRACTOR is to provide complete services for analysis of groundwater, air and soil samples taken from landfills. The City makes no guarantee as to the number of samples to be analyzed.

Specific scheduling of samples will be required. Sampling early in the month is preferred to allow resampling during the same month, if needed. The schedule may need to be updated throughout the project. The test methods and detection limits must be in compliance with California Code of Regulations (CCR) Titles 22 and 27 and other applicable California and federal regulations to ensure compliance with the orders from California Regional Water Quality Control Board, which are included as Appendices 2 through 9.

CONTRACTOR must be experienced in analysis of groundwater, air and soil samples; be certified by the Environmental Laboratory Accreditation Program (ELAP) and use Environmental Protection Agency (EPA) certified methods for the various analyses as appropriate; and have the capabilities to provide full laboratory services, including meeting the necessary MQLs and PQLs for each lab analysis, and turn- around times. This work may be accomplished utilizing subcontractors acceptable to the City, which must also maintain the required State of California certification to complete the subcontracted portions of the program. Later changes in subcontractors may only be made with the City's written approval.

This scope of work is as follows:

1. Regulatory Compliance
The awarded contractor must be able to provide sample analysis that meets the requirements mandated by the Central Valley Regional Water Quality Control Board (Water Board) and complies with all applicable laws and regulations, including, but not limited to:

California Code of Regulations Titles 22 and 27
Waste Discharge Requirements (WDRs) for the 28th Street Landfill (Appendix 2 of RFP) City of Sacramento Attachment 1 to Exhibit A – Scope of Services Enthalpy Lab Services for Groundwater Analysis
Cleanup and Abatement Order (CAO) for the 28th Street Landfill (Appendix 3 of RFP) WDRs for the Dellar Landfill (Appendix 4 of RFP)
28th Street Landfill Sampling and Analysis Plan (Appendix 5 of RFP) Dellar Landfill Sampling and Analysis Plan (Appendix 6 of RFP) Standard Provisions and Reporting Requirements for WDRs (Appendix 7 of RFP) Elvas Groundwater Well Installation and Monitoring Work Plan (Appendix 8 of RFP) North City Substation (Appendix 9 of RFP)

2. Project Manager
The laboratory selected shall commit an experienced project manager to this project. All services called for in this agreement will be performed under the direction of this Project Manager, and the Project Manager shall serve as the key contact person for the City.

3. Sample Custody and Transfer
Samples collected by City personnel will be stored and secured at the Sutter’s Landing Corporation Yard, located at 20 28th Street, Sacramento, CA 95816. Custody documentation will be performed using chain-of-custody forms provided by the laboratory.

The City requires the laboratory to provide a courier for transfer of samples from the Sutter’s Landing site to the laboratory. The courier will ensure the integrity of the samples and observe proper preservation requirements (e.g., temperature) during transport. The laboratory’s courier service must be available from 1:00 pm to 5:00 PM to collect that day’s samples, Monday through Thursday, and be able to respond with twenty-four (24) hour prior notice for routine project samples. This service shall be provided at no extra cost.

An alternative approach to the courier may be proposed by the laboratory. The laboratory shall have received City approval of the alternative approach prior to implementing the approach.

4. Sample Storage and Disposal
The City requires that samples be stored for a minimum of thirty calendar days after the postmarked date of the final analytical report (or longer if required by State or EPA). Samples are subject to chain-of- custody procedures until final disposal. If the City wishes to have samples returned, special requests will be made for those specific samples.

5. Hold Times for Samples
For the purpose of this agreement, all hold times begin at the time of sample collection. The collection time for grab samples and the start time for composite samples will be noted on the chain-of-custody forms. If there are pH requirements for sample preservation, the sample pH will be checked by the lab upon sample receipt (within 12 hours), unless the sample containers are required to be sealed until analysis. Samples that lie outside acceptable range will have the pH adjusted immediately by lab personnel. All analyses must be completed within hold times required by the EPA. The City may choose City of Sacramento Attachment 1 to Exhibit A – Scope of Services Enthalpy Lab Services for Groundwater Analysis
to not accept results or pay for analyses performed outside of required hold times.If hold times are not met due to laboratory error, samples from resampling will be expedited at no extra charge to the City to meet the original timing to provide final results.

6. Turn-Around Time
Turn-around time is the number of days from pickup of samples by courier to delivery of final analytical reports and data. Turn-around time is 10 business days, with the exception of Method 8151A, which may be up to 15 days. The laboratory must notify the City if it cannot meet these turn-around times.

Notification must be made before the initial turn-around time expires and must include an estimated time of completion. At the time of notification, the City will have the option to request that the analysis continue, or to refuse service, with no charges billed to the City. If requested, the remainder of the properly preserved sample will be returned to the City at no extra cost.

The City will pay an extra fee to have services expedited that are not outlined above. These extra fees, and the related turn-around times, must be included in Attachment 1 to Exhibit B in order to be applicable.

7. Quality Assurance/Quality Control (QA/QC) Program and Reporting The City requires batch QA/QC data, for each parameter, to be included with all analytical reports. The QC sample frequencies must meet the approved method requirements. The percent recoveries, relative percent differences and laboratory acceptance ranges for the laboratory QC samples must be included in the laboratory report and the electronic data deliverable (EDD). In addition, the laboratory will keep and make available at the City’s request all records concerning QA/QC data needed for a USEPA level 4 laboratory report.

The laboratory selected shall provide QA/QC data at no additional cost. The laboratory will document and explain in detail analyses that do not meet acceptable QA/QC criteria. Each case will be considered by City staff to determine if re-analysis is required. Any re-analysis required due to unacceptable QA/QC results will be performed at no additional cost to the City.

8. Sample Containers
Sample containers and preservations requested by the City for the purpose of sample collection, analysis, and transfer shall be included in the unit price quoted and shall be provided at no additional cost, unless a fee is listed in Attachment 1 to Exhibit B. The appropriate sample containers and preservations and methods will be supplied by the analytical laboratory as required by the analytical method. If a preservative is required by the method or deemed necessary by the City, the preservative will be included inside the sample container. The lab shall also provide chain-of-custody forms and labels. The bottles and Chain-of-Custody (CoC) forms shall be pre-labeled by the contract lab as follows:

Bottles: Labels pre-printed with well ID (i.e., “D-26”), whether preservatives are included in the bottle, and analytical methods to be used.

City of Sacramento Attachment 1 to Exhibit A – Scope of Services Enthalpy Lab Services for Groundwater Analysis
Chain-of-Custody forms: task name (see Section 13. Invoicing for list), whether preservatives are included in the bottle, analytical methods to be used, and other items required for proper sample recordkeeping and processing.

The City will provide the list of well IDs and analysis to be performed during the sample container order.

9. Analytical Reports
A separate Level II analytical report is required for each project via email and laboratory portal. The report shall be well organized and easy to follow and shall contain the following information:

Signed cover page
Project name/title (provided by the City on the Chain-of-Custody form), Case narrative including QC outliers
Sample collection date
Sample receipt date
Date of analyses
Report number (provided by the laboratory),
Analytical results, detection and quantitation limits used QA/QC data for each method performed (blanks, surrogates, LCS/LCSD, MS/MSD, replicates/duplicates where required)
Copy of the completed chain-of-custody form
Electronic data deliverable (EDD) appropriate for upload into the City’s database. Current database format is EQuIS, valid values and EDD description can be found in Appendix 1.

Electronic file appropriate (EDF) for upload into the Water Board’s GeoTracker ESI system (https://geotracker.waterboards.ca.gov/esi/) as well as to the Water Board’s Stormwater Multiple Application and Reporting Tracking System (SMARTS).

Lab reports in PDF format
Units used in each report should use the industry standard for the particular analyte. For example, VOCs should be in ug/L, inorganics in mg/L, etc.

10. Detection and Quantitation Limits
The City holds the laboratory responsible to achieve the detection and quantitation limits provided on the Attachment 1 to Exhibit A. The laboratory will document and explain in detail analyses that do not meet quoted detection levels in a case narrative attached to the analytical results report. Each case will be considered by City staff to determine if re-analysis is required. Any re-analysis required due to a higher than acceptable detection and quantitation limits will be performed at no additional cost to the City, with the laboratory providing acceptable detection and quantitation limits through its laboratory or a subcontractor.

11. Trip Blanks
Trip blanks are to be included with each container with volatile samples.

City of Sacramento Attachment 1 to Exhibit A – Scope of Services Enthalpy Lab Services for Groundwater Analysis

12. Subcontracted Laboratories
CONTRACTOR may only use subcontractors listed within its submittal, and only for the analyses identified. If a subcontractor is used to analyze a sample, the subcontractor must provide properly formatted EDF and EQuIS data files, as described above in 9. Analytical Reports.

13. Invoicing
Each invoice shall summarize the work performed by task. Tasks include, but are not limited to, the following:
28thStreet Landfill Semi-Annual Groundwater Monitoring
28thStreet Landfill Leachate Monitoring
28thStreet Landfill Surface Water Monitoring
Dellar Landfill Semiannual Groundwater Monitoring
Dellar Landfill Surface Water Monitoring
Dellar Landfill Soil Gas Monitoring
Elvas Landfill Quarterly Groundwater Monitoring
North City Substation Groundwater Monitoring
City staff will request new tasks as needed.

14. Method Certification
All analytical procedures, whether performed by the laboratory or by a subcontracted laboratory, must have ELAP certification. In addition, all analytical methods performed by each laboratory, and its subcontractors, shall be in accordance with 40 CFR Part 264(G).

15. Retention of Records
The laboratory must retain test results, chromatograms, mass spectra reports, and accompanying quality control data for a period of not less than five years.

16. Credit for Re-sampling Costs Necessitated by Laboratory Error The Professional Service Agreement shall require the laboratory to provide a credit against the fees billed for laboratory services for costs reasonably incurred by City to conduct re-sampling if necessitated by any error or omission or violation of any provision of the Agreement by the laboratory.

Attachment 1 to Exhibit B
Billable Rates
Introduction
This Attachment 1 to Exhibit B (“Attachment 1”) supplements and incorporates by this reference the Professional Services Agreement (the “Agreement”) between Enthalpy Analytical, LLC. (“CONTRACTOR”) and the City of Sacramento (“CITY”), (collectively referred to herein as the “parties”), for Laboratory Services for Groundwater Analysis (the “Project”). Attachment 1 provides the Billable Rates for the Agreement. In the event of a conflict between this Attachment 1 and the Agreement, the terms of this Attachment 1 shall prevail.

Recycling & Solid Waste |2812 Meadowview Road, Bldg. 1|Sacramento, CA 95832|916-808-4900|www.sacrecycle.org Pricing - City of Sacramento Solid Waste LF--ME
Permit Analyte List Method* Per-Unit Subcontracted Analyses General Chemistry
Total Dissolved Solids 2540C 22
Total Suspended Solids 2540D 22
Chloride 300.0 28CLS Analytical
Sulfate 300.0 24
Nitrate (as Nitrogen) 300.0 28CLS Analytical
Bicarbonate Alkalinity 2310B 0 Included w/ alkalinity
Bicarbonate Alkalinity 2310B 0 Included w/ alkalinity
Total Alkalinity 2310B 25
Chemical Oxygen Demand 410.4 38
Iron, total 6010 20
Total Organic Carbon 5310B 53
Dissolved Oxygen 360.1 50
Oil and Grease 1664 48
pH 150.1 20
Specific Conductance SM2510-B 20
Turbidity SM 2130-B 20
Calcium EPA 200.7/6010 20
Carbonate SM2320B 0 Included w/ alkalinity
Magnesium EPA 200.7/6010 20
Potassium EPA 200.7/6010 20
Sodium EPA 200.7/6010 20
Inorganics (dissolved)
Aluminum 6020 20
Antimony 6020 20
Barium 6020 20
Beryllium 6020 20
Cadmium 6020 20
Chromium 6020 20
Cobalt 6020 20
Copper 6020 20
Silver 6020 20
Tin 6020 20
Vanadium 6020 20
Zinc 6020 20
Iron 6020 20
Manganese 6020 20
Arsenic 6020 20
Lead 6020 20
Mercury 7470A 30
Nickel 6020 20
Selenium 6020 20
Thallium 6020 20
Hexavalent Chromium 7199 65
Cyanide 9010 40
Sulfide 9030 55
Volatile Organic Compounds
Tert-amyl methyl ether 8260B 100Includes TIC's
Benzene 8260B
Bromobenzene 8260B
Bromochloromethane (Chlorobromomethane) 8260B
Bromodichloromethane (Dibromochloromethane) 8260B
Bromoform (Tribromomethane) 8260B
tert-Butyl alcohol 8260B
n-Butylbenzene 8260B
sec-Butylbenzene 8260B
tert-Butylbenzene 8260B
tert-Butyl ethyl ether 8260B
Carbon disulfide 8260B
Carbon tetrachloride 8260B
Chlorobenzene 8260B
Chloroethane (Ethyl chloride) 8260B
Chloroform (Trichloromethane) 8260B
Chloroprene (2-chloro-1,3-butadiene) 8260B
Dibromochloromethane (Chlorodibromomethane) 8260B
1,2-Dibromo-3-chloropropane (DBCP) 8260B
1,2-Dibromoethane (Ethylene dibromide; EDB) 8260B
Pricing - City of Sacramento Solid Waste LF--ME
o-Dichlorobenzene (1,2-Dichlorobenzene) 8260B
m-Dichlorobenzene (1,3-Dichlorobenzene) 8260B
p-Dichlorobenzene (1,4-Dichlorobenzene) 8260B
trans- 1,4-Dichloro-2-butene 8260B
Dichlorodifluoromethane (CFC 12) 8260B
1,1 -Dichloroethane (Ethylidene chloride) 8260B
1,2-Dichloroethane (Ethylene dichloride) 8260B
1,1 -Dichloroethylene (1, 1-Dichloroethene; Vinylidene chloride) 8260B cis- l ,2-Dichloroethylene (cis- 1,2-Dichloroethene) 8260B trans- l ,2-Dichloroethylene (trans- 1,2-Dichloroethene) 8260B 1,2-Dichloropropane (Propylene dichloride) 8260B
1,3-Dichloropropane (Trimethylene dichloride) 8260B
2,2-Dichloropropane (Isopropylidene chloride) 8260B
1,1 -Dichloropropene 8260B
cis- 1,3-Dichloropropene 8260B
trans- 1 ,3-Dichloropropene 8260B
Ethylbenzene 8260B
Ethyl methacrylate 8260B
Hexachlorobutadiene 8260B
Hexachloroethane 8260B
2-Hexanone (Methyl butyl ketone) 8260B
Iodomethane (Methyl iodide) 8260B
Isobutyl alcohol 8260B
Methacrylonitrile 8260B
Methyl bromide (Bromomethane) 8260B
Methylene bromide (Dibromomethane) 8260B
Methylene chloride (Dichloromethane) 8260B
Methyl chloride (Chloromethane) 8260B
Methyl ethyl ketone (MEK; 2-Butanone) 8260B
4-Methyl-2-pentanone (Methyl isobutyl ketone) 8260B
Methyl tert-butyl ether (MTBE) 8260B
Naphthalene 8260B
n-Propylbenzene 8260B
Propionitrile (Ethyl cyanide) 8260B
Styrene 8260B
1,1,1,2-Tetrachloroethane 8260B
1,1,2,2-Tetrachloroethane 8260B
Tetrachloroethylene (Tetrachloroethene; Perchloroethylene; PCE) 8260B Toluene 8260B
1,2,4-Trichlorobenzene 8260B
1,1,1 -Trichloroethane, Methylchloroform 8260B
1,1,2-Trichloroethane 8260B
Trichloroethylene (Trichloroethene; TCE) 8260B
Trichlorofluoromethane (CFC- 11) 8260B
1,2,3-Trichloropropane 8260B
1,2,4-Trimethylbenzene 8260B
1,3,5-Trimethylbenzene 8260B
Vinyl chloride (Chloroethene) 8260B
Xylene (total) 8260B
Semi-Volatile Organic Compounds
Acenaphthene 8270 165Includes TICs
Acenaphthylene 8270 Subcontract to Eurofins
Acetophenone 8270
2-Acetylaminofluorene (2-AAF) 8270
4-Aminobiphenyl 8270
Anthracene 8270
Benzo[a]anthracene (Benzanthracene) 8270
Benzo[b]fluoranthene 8270
Benzo[k]fluoranthene 8270
Benzo[g,h,i]perylene 8270
Benzo[a]pyrene 8270
Benzyl alcohol 8270
Bis(2-ethylhexyl) phthalate 8270
Bis(2-chloroethoxy)methane 8270
Bis(2-chloroethyl) ether (Dichloroethyl ether) 8270
Bis(2-chloro-1-methyethyl) ether (Bis(2-chloroisopropyl) ether; DCIP) 8270 4-Bromophenyl phenyl ether 8270
Butyl benzyl phthalate (Benzyl butyl phthalate) 8270
Pricing - City of Sacramento Solid Waste LF--ME
p-Chloroaniline 8270
p-Chloro-m-cresol (4-Chloro-3-methylphenol) 8270
2-Chloronaphthalene 8270
2-Chlorophenol 8270
4-Chlorophenyl phenyl ether 8270
Chrysene 8270
o-Cresol (2-methylphenol) 8270
m-Cresol (3-methylphenol) 8270
p-Cresol (4-methylphenol) 8270
Dibenz[a,h]anthracene 8270
Dibenzofuran 8270
Di-n-butyl phthalate 8270
3,3'-Dichlorobenzidine 8270
2,4-Dichlorophenol 8270
2,6-Dichlorophenol 8270
Diethyl phthalate 8270
p-(Dimethylamino)azobenzene 8270
7,12-Dimethylbenz[a]anthracene 8270
3,3'-Dimethylbenzidine 8270
2,4-Dimethylphenol (m-Xylenol) 8270
Dimethyl phthalate 8270
m-Dinitrobenzene 8270
4,6-Dinitro-o-cresol (4,6-Dinitro-2-methylphenol) 8270
2,4-Dinitrophenol 8270
2,4-Dinitrotoluene 8270
2,6-Dinitrotoluene 8270
Di-n-octyl phthalate 8270
Diphenylamine 8270
Ethyl methanesulfonate 8270
Famphur 8270
Fluoranthene 8270
Fluorene 8270
Hexachlorobenzene 8270
Hexachloropropene 8270
Indeno(1,2,3-c,d)pyrene 8270
Isophorone 8270
Isosafrole 8270
Kepone 8270
Methapyrilene 8270
3-Methylcholanthrene 8270
Methyl methanesulfonate 8270
2-Methylnaphthalene 8270
1,4-Naphthoquinone 8270
1-Naphthylamine 8270
2-Naphthylamine 8270
o-Nitroaniline (2-Nitroaniline) 8270
m-Nitroaniline (3-Nitroaniline) 8270
p-Nitroaniline (4-Nitroaniline) 8270
Nitrobenzene 8270
o-Nitrophenol (2-Nitrophenol) 8270
p-Nitrophenol (4-Nitrophenol) 8270
N-Nitrosodi-n-butylamine (Di-n-butylnitrosamine) 8270
N-Nitrosodiethylamine (Diethylnitrosamine) 8270
N-Nitrosodimethylamine (Dimethylnitrosamine) 8270
N-Nitrosodiphenylamine (Diphenylnitrosamine) 8270
N-Nitrosodipropylamine (N-Nitroso-N-dipropylamine; Di-n-propylnitrosamine)8270 N-Nitrosomethylethylamine (Methylethylnitrosamine) 8270 N-Nitrosopiperidine 8270
N-Nitrosospyrrolidine 8270
5-Nitro-o-toluidine 8270
Pentachlorobenzene 8270
Pentachloronitrobenzene (PCNB) 8270
Pentachlorophenol 8270
Phenacetin 8270
Phenanthrene 8270
Phenol 8270
p-Phenylenediamine 8270
Pronamide 8270
Pricing - City of Sacramento Solid Waste LF--ME
Pyrene 8270
Safrole 8270
1,2,4,5-Tetrachlorobenzene 8270
2,3,4,6-Tetrachlorophenol 8270
o-Toluidine 8270
2,4,5-Trichlorophenol 8270
O,O,O-Triethyl phosphorothioate 8270
sym-Trinitrobenzene 8270
Organochlorine Pesticides
Aldrin 8081A 100Subcontract Weck Labs
8081A
8081A
8081A
8081A
Chlorobenzilate 8081A
8081A
8081A
DBCP 8081A
8081A
8081A
8081A
Diallate 8081A
Dieldrin 8081A
Endosulfan I 8081A
Endosulfan II 8081A
Endosulfan sulfate 8081A
Endrin 8081A
Endrin aldehyde 8081A
Endrin ketone 8081A
Heptachlor 8081A
Heptachlor epoxide 8081A
Hexachlorocyclopentadiene 8081A
Isodrin 8081A
Methoxychlor 8081A
Toxaphene 8081A
Polychlorinated Biphenyls
Aroclor 1016 8082 85
Aroclor 1221 8082
Aroclor 1232 8082
Aroclor 1242 8082
Aroclor 1248 8082
Aroclor 1254 8082
Aroclor 1260 8082
Organophosphorus Compounds
Chlorpyrifos 8141A 210Subcontracted to McCampbell
Diazinon 8141A
Dimethioate 8141A
Disulfoton 8141A
Ethion 8141A
Famphur 8141A
Malathion 8141A
Parathion-ethyl 8141A
Parathion-methyl 8141A
Phorate 8141A
Chlorinated Herbicides
2,4-D (2,4-Dichlorophenoxyacetic acid) 8151A 235Subcontracted to McCampbell Dicamba 8151A
Dinoseb (DNBP;2-sec-Butyl-4,6-dinitrophenol) 8151A
MCPA 8151A
MCPP 8151A
Silvex (2,4,5-Trichlorophenoxypropionic acid; 2,4,5-TP) 8151A 2,4,5-T (2,4,5-Trichlorophenoxiatic acid) 8151A
Pentachlorophenol 8151A
Total Petroleum Hydrocarbons (TPH)
TPH (diesel) 8015B 80
TPH (motor oil) 8015B
VOC Soil Gas Monitoring (Analyte list taken from TO-15 method) Propene (propylene) TO-15 175Includes TICS
Pricing - City of Sacramento Solid Waste LF--ME
Dichlorodifluoromethane (Freon 12) TO-15
Chloromethane (methyl chloride) TO-15
Chloroethene (vinyl chloride) TO-15
1,3-Butadiene (butadiene) TO-15
1,2-Dichlorotetrafluoroethane (Freon 114) TO-15
Bromomethane (methyl bromide) TO-15
Ethylene oxide TO-15
Chloroethane (ethyl chloride) TO-15
Trichlorofluoromethane (Freon 11) TO-15
1,1-Dichloroethene (vinylidene chloride) TO-15
Dichloromethane (methylene chloride) TO-15
Carbon disulfide (methanedithione) TO-15
1,1,2-Trichlorotrifluoroethane (Freon 113) TO-15
2-Propenal (acrolein) TO-15
2-Methoxy-2-methylpropane (methyl tert-butyl ether, MTBE) TO-15 2-Chloro-1,3-butadiene (chloroprene) TO-15
1,1-Dichloroethane (ethylidene chloride) TO-15
cis-1,2-Dichloroethene (cis-1,2-dichloroethylene) TO-15 trans-1,2-Dichloroethene (trans-1,2-dichloroethylene) TO-15 2-Propanone (acetone) TO-15
Trichloromethane (chloroform) TO-15
Tetrahydrofuran (oxolane) TO-15
Hexane TO-15
Isopropyl ether (diisopropyl ether) TO-15
1,1,1-Trichloroethane (methyl chloroform) TO-15
2-Ethoxy-2-methylpropane (ethyl tert-butyl ether, ETBE) TO-15 Methanol (methyl alcohol) TO-15
Carbon tetrachloride (tetrachloromethane) TO-15
Ethenyl acetate (vinyl acetate) TO-15
2-Propenenitrile (acrylonitrile) TO-15
2-Butanone (methyl ethyl ketone, MEK) TO-15
Cyclohexane TO-15
Benzene TO-15
Acetonitrile (cyanomethane) TO-15
Ethyl acetate TO-15
2-Methoxy-2-methylbutane (tert-amyl methyl ether) TO-15 1,2-Dichloroethane (ethylene dichloride) TO-15
1,1,2-Trichloroethene (trichloroethylene) TO-15
Bromodichloromethane TO-15
Ethanol (ethyl alcohol) TO-15
1,2-Dichloropropane (propylene dichloride) TO-15
Heptane TO-15
2-Propanol (isopropanol) TO-15
2-Methyl-2-propanol (tert-butyl alcohol, TBA) TO-15
1,4-Dioxane (p-dioxane) TO-15
Methyl methacrylate (methyl 2-methylprop-2-enoate) TO-15 trans-1,3-Dichloropropene (trans-1,3-dichloropropylene) TO-15 cis-1,3-Dichloropropene (cis-1,3-dichloropropylene) TO-15 Toluene (methylbenzene) TO-15
1,1,2-Trichloroethane TO-15
4-Methyl-2-pentanone (methyl isobutyl ketone, MIBK) TO-15 1,1,1,2-Tetrachloroethane TO-15
Tetrachloroethene (perchloroethylene) TO-15
1,2-Dibromoethane (ethylene dibromide) TO-15
Chlorobenzene TO-15
m-Xylene (1,3-xylene) TO-15
p-Xylene (1,4-xylene) TO-15
Isopropylbenzene (cumene) TO-15
Ethylbenzene TO-15
o-Xylene (1,2-xylene) TO-15
Dibromochloromethane (chlorodibromomethane) TO-15
Styrene (vinylbenzene) TO-15
1,1,2,2-Tetrachloroethane (tetrachloroethane) TO-15
Tribromomethane (bromoform) TO-15
2-Chlorotoluene (1-chloro-2-methylbenzene) TO-15
4-Ethyltoluene (1-ethyl-4-methylbenzene) TO-15
n-Propylbenzene TO-15
sec-Butylbenzene (2-phenylbutane) TO-15
Pricing - City of Sacramento Solid Waste LF--ME
tert-Butylbenzene TO-15
m-Dichlorobenzene (1,3-dichlorobenzene) TO-15
Hexachlorobutadiene (hexachloro-1,3-butadiene) TO-15
2-Hexanone (methyl butyl ketone, MBK) TO-15
2-Isopropyltoluene (o-cymene) TO-15
1,2,4-Trimethylbenzene (pseudocumene) TO-15
1,3,5-Trimethylbenzene (mesitylene) TO-15
n-Butylbenzene TO-15
Chloromethylbenzene (benzyl chloride) TO-15
o-Dichlorobenzene (1,2-dichlorobenzene) TO-15
p-Dichlorobenzene (1,4-dichlorobenzene) TO-15
1,2,4-Trichlorobenzene TO-15
Naphthalene (naphthene) TO-15
Notes:
* - Laboratory may propose alternative method
NA - Not applicable
Please other fees that may be charged during course of the agreement 1 Liter Summa Rental= $50.00
Batch Certified Flow Controller= $35.00
Sample Disposal Fee= $8.00

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?(Mandatory in NH)
DESCRIPTION OF OPERATIONS belowIf yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

The following wholly owned subsidiaries of Montrose Environmental Group, Inc. are included as Named Insureds:

Legal Name DBAs *
Enthalpy Analytical, LLC Prism Analytical Technologies
First Analytical Laboratories
Montrose Environmental Solutions
Montrose Air Quality Services, LLC Prism Analytical Technologies Montrose Environmental Solutions
ES Engineering Services, LLC Montrose Environmental Solutions FRS Environmental Remediation, Inc The FGS Group
Montrose Environmental Solutions
PARS Environmental, Inc. Montrose Environmental Solutions Advanced GeoServices Corp. Montrose Environmental Solutions MSE Group, LLC
Analytical Environmental Services Montrose Environmental Solutions Environmental Planning Specialists, Inc. Montrose Environmental Solutions Montrose Environmental Incorporated
Montrose Water and Sustainability Services, Inc. Montrose Environmental Solutions Leymaster Environmental Consulting, LLC Montrose Environmental Solutions Montrose Services, LLC
Montrose Measurements and Analytics, LLC
Montrose Environmental Solutions, Inc. changed from
Montrose Environmental Solutions, LLC on Oct 1 2021

Montrose Planning & Permitting, LLC
Montrose Waste-To-Resources, LLC
Emerging Compounds Treatment Technologies, Inc.

Montrose Environmental Group Ltd.

Montrose Foreign Holdings, Inc.

Montrose Environmental Group AB
Montrose Environmental Group GmbH
Montrose Environmental Group BV
Montrose Engineering & Geology, P.C.** changed
from Advanced GeoServices Engineering & Geology P.C. March 2022
The Center for Toxicology and Environmental
Health, L.L.C.

CTEH, LLC
CTEH Leasing, LLC
CTEH Properties, LLC
CTEH Government Services, LLC
CTEH IT Services, LLC
Vista Analytical Laboratory, Inc. Enthalpy Analytical
Environmental Intelligence, LLC Montrose Environmental Solutions SensibleIoT, LLC
Environmental Chemistry, Inc. Enthalpy Analytical
Horizon Water and Environment, LLC Montrose Environmental Solutions Environmental Standards, Inc.

Vitale Scientific Associates, LLC
Enthalpy CSV, Inc.

TriAD Environmental Consultants, Inc.

AirKinetics, Inc.

HuCo Consulting, Inc.

Environmental Alliance, Inc.

*Subsidiaries may use DBAs/alternate names and/or actual legal names ** This company is not a wholly owned subsidiary of Montrose Environmental Group, Inc. but is a named insured of the company.

Last updated by HUB: July 21, 2023
Policy # EPK-146064
12/31/23 - 12/31/24
Policy # EPK-146064
12/31/23 - 12/31/24
Policy # EPK-146064
12/31/23 - 12/31/24
Policy # EPK-146064
12/31/23 - 12/31/24
Policy Number: 20CSES78601
Policy Term: 12/31/23 - 12/31/24
Policy Number: 20CSES78601
Policy Term: 12/31/23 - 12/31/24
Policy Number: 20CSES78601
Policy Term: 12/31/23 - 12/31/24
Policy Number: 20CSES78601
Policy Term: 12/31/23 - 12/31/24
Policy Number: 20CSES78601
Policy Term: 12/31/23 - 12/31/24

CONTRACT

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

Laboratory Services for Groundwater Analysis
Y14000100 P24155771003
Chris Thoma
Christina Whiteside [email protected]
01/30/2024
01/30/2024
01/30/2024
02/01/2024
YES
Public Works
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:

CONTRACT NAME: Laboratory Services for Groundwater Analysis CONTRACT PROJECT #: Y14000100
DEPARTMENT: Public Works
DIVISION: Recycling and Solid Waste

CITY OF SACRAMENTO
PROFESSIONAL SERVICES AGREEMENT*
THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
MOORE TWINING ASSOCIATES, INC.
165 Commerce Cir Ste D
Sacramento, CA 95815
916-381-9477
(“Contractor”), as of the Effective Date, as defined below.

The City and Contractor agree as follows:

Effective Date. This Contract shall be effective beginning March 1, 2024.

Contract Documents. All exhibits and documents attached or referred to in this Contract are incorporated as if set forth herein, Including Exhibit A (titled “Scope of Services”) and Exhibit B (titled ”).

Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to CITY the services described in Exhibit A (“Services”).

CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required * This form is to be used for all professional services, except services performed by architects, landscape- architects, professional engineers, or professional land surveyors, or services related to a construction project.

Form Approved by City Attorney 9-1-2020 Page 2
Payment. CITY shall pay Contractor at the times and in the manner set forth in Exhibit B.

Contractor shall submit all invoices to CITY in the manner specified in Exhibit B.

Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. CITY shall furnish to Contractor only the facilities and equipment listed below, if any.

Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.

General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.

Additional Requirements for Surveying, Material Testing, and Inspection Services. .

Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:

Form Approved by City Attorney 9-1-2020 Page 3
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.

EXHIBIT A

SCOPE OF SERVICES

1. Representatives.

The CITY Representative for this Agreement is:

Christina Whiteside, Administrative Analyst
City of Sacramento, Department of Public Works
2812 Meadowview Rd, Bldg #1, Sacramento, CA 95832
(916) 628-6842/[email protected]
The CONTRACTOR Representative for this Agreement is:

Ralph N. Delgado Jr, Director of Business Development and Sales Moore Twining Associates, Inc.
2527 Fresno Street, Fresno, CA 93721
(559) 307-6389/[email protected]
Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.

Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.

Time of Performance. The Services described in this Contract shall be provided for , concluding on February 28, 202.

Contractor shall provide
the Services in accordance with any schedule in Attachment 1 to this Exhibit A.

Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to this Contract are “Consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code. ____ yes __x__ no [check one] Contractor shall cause the following to occur within 30 days after execution of this Contract:

Identify the individuals who will provide Services or perform Work under this Contract as "Consultants"; and
Cause these individuals to file with the City Representative the "assuming office" statements of economic interests required by the City's Conflict of Interest Code.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT
CONTRACTOR’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 750,000.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.

Billable Rates. Contractor shall be paid for the performance of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.

CONTRACTOR’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. No charges or markup will be allowed unless specified in the Contract, including charges for travel and transportation.

Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. Contractor may request payment on a monthly basis. Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY.

Invoices must be submitted to either of the addresses specified below.

Email. Submit email invoices and any attachments to:
[email protected]
Postal Mail. If emailing is not an option, mail to:

A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
All invoices submitted by Contractor must contain the following information:

Job/Project Name
CITY’s current Purchase Order Number
Contractor’s Invoice Number
Date of Invoice Issuance
Work Order Number (if applicable)
CITY representative identified on the Purchase Order
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (7) Contractor’s remit address
(8) Description of services billed under Invoice
(9) Amount of Invoice (itemize all authorized Reimbursable Expenses) (10) Total Billed to Date under Contract (if applicable) D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. CITY is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Additional Services.Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.

7. Tax Payments.Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1

EXHIBIT C

INSURANCE

Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:

5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.)

Is _____ Is not __x__ [check one] required for this Agreement.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3

7. Other Insurance Provisions.The policies must contain, or be endorsed to contain, the following provisions:

B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.

C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.

9. Verification of Coverage.

B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor.

It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.

D. The provisions of this section will survive any expiration or termination of this Contract.

Nothing in this Contract creates an exclusive relationship between CITY and Contractor.

Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2

8. CONTRACTOR Information.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4

Contractor shall assign only competent personnel to perform on its behalf under this Contract.

13. Term; Suspension; Termination.

(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.

15. Indemnity.

C. Survival. The provisions of this section will survive any expiration or termination of this Contract.

16. Funding Availability.

A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.

B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.

C. This Section shall govern over any other contrary provision of the Contract.

17. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees as follows:

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 23, above.

PSA Signature Page – Approved by CAO 11-1-2019
Executed as of the day and year first above stated.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name:

Title:

For: Howard Chan, City Manager
ATTEST:
______
City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Work
Payment
Insurance
General Conditions

Attachment 1 to Exhibit A Scope of Services
Attachment 1 to Exhibit B Billable Rates
Attachment 2 to Exhibit B Billable Rates
Attachment 1 to Exhibit C Insurance Certificates
PSA Signature Page – Approved by CAO 11-1-2019
CONTRACTOR:
______________________________________

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Print Name and Title
______________________________________
Additional Signature (if required)
______________________________________
Print Name and Title
Laboratory Services for Groundwater Analysis
Attachment 1 to Exhibit A
Scope of Services
This Attachment 1 to Exhibit A is the Scope of Services ("Attachment") that supplements and incorporates by this reference the Professional Services Agreement (the "Agreement") between Moore Twining Associates Inc. ("CONTRACTOR") and the City of Sacramento ("CITY"). This Attachment 1 describes the services for the Agreement as specified in the Request for Proposals ("RFP") package P24155771003, "Laboratory Services for Groundwater Analysis" (the "Project"), which is made a part of this Agreement and is fully incorporated herein by this reference. In the event of a conflict between this Attachment 1 and RFP P24155771003 ("RFP"), the terms of this Attachment shall prevail.

CONTRACTOR shall provide the following services, including, but not limited to (the "Services"):

CONTRACTOR is to provide complete services for analysis of groundwater, air and soil samples taken from landfills. The City makes no guarantee as to the number of samples to be analyzed.

This scope of work is as follows:

An alternative approach to the courier may be proposed by the laboratory. The laboratory shall have received City approval of the alternative approach prior to implementing the approach.

Bottles: Labels pre-printed with well ID (i.e., “D-26”), whether preservatives are included in the bottle, and analytical methods to be used.

The City will provide the list of well IDs and analysis to be performed during the sample container order.

Lab reports in PDF format
Units used in each report should use the industry standard for the particular analyte. For example, VOCs should be in ug/L, inorganics in mg/L, etc.

11. Trip Blanks
Trip blanks are to be included with each container with volatile samples.

City of Sacramento Attachment 1 to Exhibit A – Scope of Services Enthalpy Lab Services for Groundwater Analysis

15. Retention of Records
The laboratory must retain test results, chromatograms, mass spectra reports, and accompanying quality control data for a period of not less than five years.

Attachments 1 and 2 to Exhibit B
Billable Rates
Introduction
This Attachment 1 to Exhibit B (“Attachment 1”) and this Attachment 2 to Exhibit B (“Attachment 2”) supplement and incorporate by this reference the Professional Services Agreement (the “Agreement”) between Moore Twining Associates, Inc. (“CONTRACTOR”) and the City of Sacramento (“CITY”), (collectively referred to herein as the “parties”), for Laboratory Services for Groundwater Analysis (the “Project”). Attachment 1 and Attachment 2 provide the Billable Rates for the Agreement. In the event of a conflict between this Attachment 1 and this Attachment 2 and the Agreement, the terms of the Attachment 1 and the Attachment 2 shall prevail.

Recycling & Solid Waste |2812 Meadowview Road, Bldg. 1|Sacramento, CA 95832|916-808-4900|www.sacrecycle.org

Analyte Method Cost per unit
Temperature/pH SM 4500-H+B $20
Specific
Conductance
SM 2510 B $20
Turbidity SM 2130 B $20
Calcium 200.7/6010 B $7.50
Carbonate SM 2320 B Included in cost
for Alkalinity
Magnesium 200.7/6010 B $7.50
Potassium 200.7/6010 B $7.50
Sodium 200.7/6010 B $7.50
Alkallinity SM 2320 B $30
Chlorinated
Herbicides
$250(Sub=McCampbell)
TPH (diesel)1 $65
TPH (motor oil)1 $65
Filtration $0
Flow Regulator2 $80
Summa canister $50 1L/6L Batch
Certified
2 If diesel and motor oil requested for same sample, the cost is $80 instead of $130 includes Flow Regulator, Air Supplies - fittings and ferrules (per set), T-Fitting for duplicate (certified), 1 linear foot of Teflon tubing (additional linear foot: $10) 1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:

FAXPHONE (A/C, No):(A/C, No, Ext):

E-MAILADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/28/2023
License # 0E02096
44520
Moore Twining Associates, Inc.

P.O. Box 1472
Fresno, CA 93716
21113
23450
A 5,000,000
X X EPK144705 7/27/2023 7/27/2024 300,000
5,000
5,000,000
5,000,000
5,000,000
CONTRACTORS POL 5,000,000
1,000,000B
X 1337551632 7/27/2023 7/27/2024
1,000,000A
EFX123362 7/27/2023 7/27/2024
1,000,000
C
X 2EA5WC000147200 7/27/2023 7/27/2024 1,000,000Y 1,000,000 1,000,000
A Errors & Omissions EEO105846 7/27/2023 Each Occurrence 5,000,000 A Errors & Omissions EEO105846 7/27/2023 7/27/2024 Aggregate 5,000,000 Professional Liability is a claims made policy
Insured: 30 day Notice of Cancellation/10 day Non Payment Coverage is subject to all policy terms, conditions, limitations and exclus Umbrella Policy is follow form
SEE ATTACHED ACORD 101
CIty of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
TWINLAB-01 SMOLLECK
DiBuduo & DeFendis Insurance Brokers, LLC6873 N. West Ave, Ste 101Fresno, CA 93711 Sandra Molleck
[email protected]
Crum & Forster Specialty Insurance Company
United States Fire Insurance Company
American Family Home Insurance Company
X
7/27/2024
X
X
X
X
X
X
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

DiBuduo & DeFendis Insurance Brokers, LLC
TWINLAB-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E02096
1 SEE P 1
Moore Twining Associates, Inc.P.O. Box 1472Fresno, CA 93716Fresno CountySEE PAGE 1

SMOLLECK
1 Description of Operations/Locations/Vehicles:

WHEN REQUIRED BY WRITTEN CONTRACT: the following forms apply to The City, its officials, employees, or volunteers General Liability
Waiver of Subrogation #EN0109-0211--Additional Insured - Owners, Lessees,or Contractors #EN0111-0211--Primary Non Contributory #EN0118-0211--Additional Insured - Owners, Lessees, or Contractors Completed Operations #EN0320-0211 per project aggregate on the general liability EN0352-0523
And on the Commercial auto per attached MA 04 008 01 18 Waiver of subrogation on work comp per attached WC 99 04 03 (ed 09-08)

EN0109-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDED WAIVER OF TRANSFER OF RIGHTS

OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

THIRD PARTY POLLUTION LIABILITY COVERAGE PART

ONSITE CLEANUP COVERAGE PART

SCHEDULE
Name of Person(s) or Organization(s)
Where Required by Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

SECTION VI – COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following:

Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of your ongoing operations or “your work” performed under a written contract with that person(s) or organization(s) and included in the “products- completed operations hazard”.

However, this waiver shall not apply to “damages” resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy Number: EPK144705
Moore Twining & Associates, Inc.

EN0111-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract
SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by “your work” for that insured which is performed by you or by those acting on your behalf.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy No: EPK144705
Moore Twining & Associates, Inc.

EN0118-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY ADDITIONAL

INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

THIRD PARTY POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract
A. SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely as respects “claims” caused in whole or in part, by “your work” for that person or organization performed by you, or by those acting on your behalf.

This insurance shall be primary and non-contributory, but only in the event of a named insured’s sole negligence.

B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of “your work” performed under a designated project or contract with that person(s) or organization(s).

C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any “claim” to which the coverage afforded by this Endorsement applies.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Policy No: EPK144705
Moore Twining & Associates, Inc.

EN0320-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Person(s) or
Organization(s):

Location And Description Of Completed
Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section III – Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization(s)
shown in the Schedule, but only with respect to
liability for “bodily injury” or “property damage”
caused, in whole or in part, by “your work” at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
“products-completed operations hazard”.

Policy No: EPK144705
Moore Twining & Associates, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MA 0400801 18 Includes copyrighted information of Insurance Services Office, Inc., with its permission.

Page 1 ends

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
A. Broadened Insured Status N. Audio, Visual, and Data Electronic Equipment B. Blanket Additional Insured When Required
Under Written Contract
O. Loan/Lease Payoff Coverage
P. Airbag Coverage
C. Employee Hired Autos Liability Coverage Q.Multiple Deductible Protection – Covered Auto and Trailer
D. Employees as Insureds R. Duties in the Event of an Accident, Claim, Suit, or Loss
E. Coverage Extensions – Supplementary
Payments S. Non-Owned Auto Waiver of Subrogation
F. Limited Fellow Employee Coverage T. Blanket Waiver of Subrogation When Required Under Written Contract
G.

Limited Hired Auto – Physical Damage
Coverage – Private Passenger (Includes
Employee Hired Autos Physical Damage
Coverage)
U. Coverage Territory – Short Term Hired
Commercial Autos
H. Custom Signs and Decoration V. Limited Mexico Coverage I. Extended Towing Coverage W. Unintentional Failure to Disclose Hazards J. Glass Breakage X. Mental Anguish Resulting From Bodily Injury K.

Reimbursement for Increased Temporary
Transportation Expense for Private Passenger
and Commercial Vehicles
Y. Waiver of Sovereign Immunity
L. Extra Expense – Stolen Vehicles Z. Application of This EndorsementM. Personal Effects Coverage

Policy No: 133755163
Moore Twining & Associates, Inc.
07/27/2023
MA 0400801 18 Includes copyrighted information of Insurance Services Office, Inc., with its permission.

Page 2 ends

A. Broadened Insured Status
Paragraph A.1. Who Is An InsuredunderSection II – Covered Autos Liability Coverageis amended to include the following as "insureds":

1. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form, while using with your permission a covered "auto."
However, the insurance afforded by this provision, A.1., does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance.

2. Any organization you newly acquire or form, and over which you maintain majority interest, while using with your permission a covered "auto".

The insurance afforded by this provision, A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization.
c. Does not include any newly acquired or formed organization that is:
(1)A joint venture or partnership; or
(2)An insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance.

B. Blanket Additional Insured When Required Under Written Contract

1. ParagraphA.1. Who Is An InsuredunderSection II – Covered Autos Liability Coverageis amended to include the following as "insureds":
a. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional "insured" in order to comply with the terms of a written contract or written agreement.

This additional insured status is not conferred when such written contract or written agreement:
(1)Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or
(2)Is executed after the date of "accident" or "loss".

Paragraph B.1.a.(2)above does not apply if:
(a) The terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or "loss"; and
(b)You can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss".

2. Paragraph B.5.a.under Section IV – Business Auto Conditionsis amended by the addition of the following:

Other Insurance
Regardless of whether other insurance is maintained by an additional insured on a primary basis, the coverage provided by Provision B.of the Commercial Auto Broad Form Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary.

MA 0400801 18 Includes copyrighted information of Insurance Services Office, Inc., with its permission.

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C. Employee Hired Autos Liability Coverage
Paragraph A.1. Who Is An Insuredunder Section II – Covered Autos Liability Coverageis amended to include the following as "insureds":

1. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a written contract or written agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

D. Employees as Insureds
Paragraph A.1. Who Is An Insuredunder Section II – Covered Autos Liability Coverageis amended to include the following as "insureds":

1. Any "employee" of yours while using with your permission a covered "auto" you don't own, hire or borrow if such "auto" is being used in your business or your personal affairs.

E. Coverage Extensions – Supplementary Payments
Paragraphs A.2.a.(2)and A.2.a.(4) under Section II – Covered Autos Liability Coverageare deleted and replaced by the following:

Coverage

2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(2)Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work.

F. Limited Fellow Employee Coverage
Paragraph B.5.under Section II – Covered Autos Liability Coverage is amended by the addition of the following:

Exclusions

5. Fellow Employee
However, this exclusion does not apply if:
c. The "bodily injury" results from the use of a covered "auto" you own or hire; and d. You have Workers' Compensation insurance in force covering all of your "employees".

Such coverage as is afforded by provisionsF.5.c.and F.5.d.above are excess over any other collectible insurance.

G. Limited Hired Auto - Physical Damage Coverage – Private Passenger (Includes Employee Hired Autos Physical Damage Coverage)
Paragraph A.1.under Section III – Physical Damage Coverageis amended by the addition of the following:

Coverage

1. We will pay for "loss" to a covered "auto" or its equipment under:
d. Limited Hired Auto – Physical Damage – Private Passenger If hired "autos" are covered "autos" for Covered Autos Liability Coverage, and if Physical Damage Coverage of Comprehensive or Collision is provided under this Coverage Form for any "auto" you own, then Comprehensive and Collision Physical Damage Coverages as provided under Section III – Physical Damage Coverageof this Coverage Part are extended to "autos" of the private passenger type you or your "employee" hires under a written contract or written agreement without a driver, at your direction, for the purpose of conducting your business, subject to the following:

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(1)The most we will pay for "loss" to any hired "auto" is the lessor of $35,000 or the actual cash value or cost to repair or replace;
(2)The deductible will be equal to the largest deductible applicable to any owned "auto" of the private passenger type for that coverage, or $1,000, whichever is less; (3)Limited Hired Auto – Physical Damage – Private Passenger coverage is excess over any other collectible insurance; and
(4)Subject to the above limit, deductible, and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger type insured under this policy.

Coverage includes loss of use of that hired "auto", provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern.

The most we will pay for any one "accident" is $20 per day subject to a maximum of $1,000.

If a limit for Hired Auto – Physical Damage is shown in the Schedule of any other endorsement, then that limit replaces, and is not added to, the $35,000 limit indicated above.

This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households.

H. Custom Signs and Decoration
The following is added to Paragraph A.1. under Section III – Physical Damage Coverage:

In the event of a total loss to an "auto" insured for Physical Damage Coverage on this policy, in addition to the actual cash value of the "auto", we will pay the actual cost to repair or replace signage or custom paint details up to $5,000.

I. Extended Towing Coverage

1. If the named insured carries Comprehensive and Collision Coverage for the damaged covered "auto", then this coverage extension,I., applies to that covered "auto".

If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension,I., to apply.

2. ParagraphA.2.underSection III – Physical Damage Coverageis deleted and replaced by the following:

Towing
We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of "autos", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles.

J. Glass Breakage
If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage extension applies to that covered "auto":

Paragraph A.3. Glass Breakage - Hitting A Bird Or Animal – Falling Objects Or Missiles under Section III – Physical Damage Coverageis amended by the addition of the following:

Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless a lower deductible is shown on the declarations page for this coverage.

K. Reimbursement for Increased Temporary Transportation Expense for Private Passenger and Commercial Vehicles

1. If the Covered "Auto" has Comprehensive or Specified Causes Of Loss Physical Damage Coverage:

Paragraph A.4.a. under Section III – Physical Damage Coverageis deleted and replaced by the following:

Coverage Extensions
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a. Transportation Expenses
If your covered "auto" is damaged or stolen and the damage or theft is covered by Comprehensive or Specified Causes of Loss coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of $1,500 for the necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the theft or damage and ending, regardless of the policy's expiration:
(1)When the covered "auto" is returned to use or we pay for its "loss" in the event of a total theft of the covered "auto"; or
(2)When the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier in the event of a "loss" due to a cause other than the total theft of the covered "auto".

Except with respect to losses pertaining to the total theft of covered "autos" of the private passenger type, this coverage does not apply while there are spare or reserve "autos" available to you.

No deductible applies to this coverage.

2. If the Covered "Auto" has Collision Physical Damage Coverage:

If your covered "auto" is damaged and the damage is covered by Collision coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of $1,500 for necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier.

This coverage does not apply while there are spare or reserve "autos" available to you.

No deductible applies to this coverage.

L. Extra Expense – Stolen Vehicles
Paragraph A.4.a.underSection III – Physical Damage Coverageis amended by the addition of the following:

We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to the named insured if such covered "auto" carries Comprehensive coverage.

M. Personal Effects Coverage
Paragraph A. Coverage under Section III – Physical Damage Coverageis amended to include the following coverage:

1. Personal Effects Coverage
a. We will pay for "loss" to personal property or effects which are owned by an insured and in or on your covered "auto" at the time of "loss" in the event of a total theft of that covered "auto". b. Subject to Paragraph C. Limit Of Insuranceunder Section III – Physical Damage Coverage, we will pay up to $500 for "loss" of personal property or effects in any one "accident" involving total theft of a covered "auto".

This insurance will not apply if, at the time of "loss", the covered "auto" is unattended, unless the "loss" is the result of forced entry into the covered "auto" while all doors, windows or other openings are closed and locked and there is evidence of forced entry.

Under this coverage, we will not pay for "loss" to the following: accounts, bills, currency, deeds, evidences of debt, money, notes or securities; electronic equipment or tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment; jewelry, watches, necklaces, bracelets, gems, gold, platinum, silver, furs; animals, birds, or fish or any motorized vehicle.

This coverage will be excess over any other collectable insurance. No deductible applies to this coverage.

N. Audio, Visual, and Data Electronic Equipment
The sub-limit in Paragraph C.1.b.of the Limit of Insurance Provision of Section III – Physical Damage Coverage is increased to $1,500.

O. Loan/Lease Payoff Coverage
Paragraph C. Limit of Insuranceof Section III – Physical Damage Coverageis amended by the addition of the following:

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In the event of a total "loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less:

1. The amount paid under the Physical Damage Coverage Section of the policy; and

2. Any:
a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and
e. Carry-over balances from previous loans or leases.

This coverage is limited to a maximum of $1,500 for each covered "auto".

P. Airbag Coverage

1. If the Named Insured carries Comprehensive and Collision Coverage for the damaged covered "auto", then this coverage extension,P., applies to that covered "auto".

2. Paragraph B.3.a.underSection III – Physical Damage Coverage is amended by the addition of the following:

The accidental discharge of an airbag shall not be considered mechanical or electrical breakdown and therefore shall not be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty specifically designed to provide this coverage.

Q. Multiple Deductible Protection – Covered Auto and Trailer

1. If you carry Comprehensive and Collision coverages for the damaged covered "autos", then this coverage extension,Q., applies to those covered "autos".

2. Paragraph D. DeductibleunderSection III – Physical Damage Coverage is amended by the addition of the following:

Whenever a covered "auto" and "trailer" are each damaged in the same "loss" while operating as a combined truck and "trailer" unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply.

If another policy or coverage form issued by us, that is not an automobile policy or coverage form, applies to the same "loss" or "accident", the following applies:
a. If the deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. b. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible.

R. Duties in the Event of an Accident, Claim, Suit, or Loss

1. Paragraph A.2.a.underSection IV – Business Auto Conditionsis amended so that your obligations relative to notification requirements apply only when the "accident" or "loss" is known to:
a. You, if your are an individual;
b. A partner, if you are a partnership;
c. A member, if you are a joint venture;
d. An executive officer, insurance manager or any other person designated by you to send notices of "accidents" or "loss" to insurers, if you are a corporation; or e. A member, if you are a limited liability company.

2. Paragraph A.2.b.(2)under Section IV – Business Auto Conditionsis amended so that your obligations relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to:
a. You, if your are an individual;
b. A partner, if you are a partnership;
c. A member, if you are a joint venture;
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d. An executive officer, insurance manager or any other person designated by you to send notices of "accidents" or "loss" to insurers, if you are a corporation; or e. A member, if you are a limited liability company.

S. Non-Owned Auto Waiver of Subrogation
Paragraph A.5.under Section IV – Business Auto Conditionsis amended by the addition of the following:

Loss Conditions

5. Transfer Of Rights Of Recovery Against Others To Us
We hereby waive any right of subrogation against any of your officers, directors, or "employees" which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non-owned "autos".

This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee".

T. Blanket Waiver of Subrogation When Required Under Written Contract Paragraph A.5.under Section IV – Business Auto Conditionsis amended by the addition of the following:

Loss Conditions

5. Transfer Of Rights Of Recovery Against Others To Us
However, we waive any right of recovery we may have against a person, organization or governmental entity when you have waived such right of recovery under a written contract or written agreement provided such written contract or agreement is:
a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "accident" or "loss"; or
c. Executed after the "accident" or "loss" if:
(1)The terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or "loss"; and
(2)You can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss".

U. Coverage Territory – Short Term Hired Commercial "Autos" Paragraph B.7.b.(5)under Section IV – Business Auto Conditionsis deleted and replaced by the following:

General Conditions

7. Policy Period, Coverage Territory
b. Within the Coverage territory
The coverage territory is:
(5) Anywhere in the world if a covered "auto" of the private passenger type, commercial van, pick-up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to.

We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places.

V. Limited Mexico Coverage

WARNING

AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY -NOTTHE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSEAS WELL AS A CIVIL MATTER.

IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE

RECOGNIZED BY THE MEXICAN AUTHORITIESAND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO.

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THIS ENDORSEMENT DOES NOTAPPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA.

1. ParagraphB.7. under Section IV – Business Auto Conditions is amended by the addition of the following:

Policy Period, Coverage Territory
The coverage territory is extended to include Mexico but only for:
a. "Accidents" or "losses" occurring within 25 miles of the United States border; and b. Trips into Mexico of 10 days or less.

2. For purposes of this Provision, V., Paragraph B.5.under Section IV – Business Auto Conditionsis deleted and replaced by the following;
Other Insurance
The insurance provided by this Provision,V., will be excess over any other collectible insurance.

3. Paragraph A. Coverageunder Section III – Physical Damage Coverageis amended by the addition of the following:

If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made.

4. Additional Exclusions
The following exclusions are added:

This insurance does not apply:
a. If the covered "auto" is not principally garaged and principally used in the United States. b. To any "insured" who is not a resident of the United States.

W. Unintentional Failure to Disclose Hazards
Paragraph B. General Conditionsunder Section IV – Business Auto Conditionsis amended by the addition of the following:

If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans.

X. Mental Anguish Resulting From Bodily Injury
The definition of "bodily injury" under Section V – Definitionsis deleted and replaced by the following:
"Bodily Injury" means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person.

For the purpose of this provision, "mental anguish" shall mean any type of mental or emotional illness or distress.

Y. Waiver of Sovereign Immunity
The following provision applies if you are a "governmental entity" or we have added a "governmental entity" to your policy as an additional insured, and the "governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity":

1. We shall not raise any defense involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity" or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity" without first obtaining express advance permission from the designated representative of the "governmental entity".

Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance.

For the purposes of this provision, "governmental entity" means a state, county, district, municipality, town, township, borough, parish, village, or other political subdivision or governmental agency or subdivision.

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Z. Application of This Endorsement
The enhancements provided by this endorsement apply to the Business Auto Coverage Form. If your policy includes other endorsements in addition to this Commercial Automobile Broad Form Endorsement, and there is a conflict between any of the terms of such endorsement(s) and this Commercial Automobile Broad Form Endorsement, the terms of the other endorsement(s) shall be given priority and control over the terms set forth in this Commercial Automobile Broad Form Endorsement, even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Commercial Automobile Broad Form Endorsement.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 03 (Ed. 09-08)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE

1. Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Premium:

The additional premium charge for this endorsement shall be 3 percent of the California Workers’ Compensation premium otherwise due subject to a minimum premium of $ 350 per policy.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/01/2023 Policy No. 2EA5WC000142100 Endorsement No.

Insured: Moore Twining AssociatesInc Premium: Incl Insurance Company: American Family Home Insurance Company Countersigned By: _____________________________________________ WC 99 04 03 Includes copyrighted material of National Council on Compensation Insurance with its permission (Ed. 09-08) Copyright 1983 National Council on Compensation Insurance.

Sacramento City CouncilFebruary 13, 2024

Sacramento City Council
February 13, 2024