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SR 07-12-2022 5G City Council Report City Council Meeting: July 12, 2022 Agenda Item: 5.G 1 of 5 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment Subject: Approval of First Modification to Agreement #11181 with Montrose Environmental for additional Operation, Maintenance, and Monitoring of the Landfill Gas Management System Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #11181 in the amount of $300,000 with ES Engineering Services DBA Montrose Environmental for the operation, maintenance, and monitoring of the Landfill Gas Management System for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $1,015,211, with future year funding contingent on Council budget approval. Summary The City has continuously operated a landfill gas extraction (LFG) and treatment system since 1998 to monitor methane levels and to maintain safe environmental conditions for the nearby Pico Neighborhood residents, Gandara park users, and City staff who work at the Municipal Yards. Oversight of the LFG is performed by a licensed independent contractor, ES Engineering Services DBA Montrose Environmental, who maintains, operates, and manages the LFG system in strict accordance with permits from the County of Los Angeles’ Department of Health Services (DHS) and the South Coast Air Quality Management District (SCAQMD). The permits require routine monitoring and maintenance of a perimeter probe network, ambient air quality above the landfill, and control system operation. Compliance reports are submitted to the DHS and SCAQMD on a quarterly basis. In June of 2021, the City conducted a competitive selection process and entered into an agreement with ES Engineering Services DBA Montrose 5.G Packet Pg. 101 2 of 5 Environmental for routine maintenance and operation of the LFG system. City staff have identified additional operational, maintenance, and monitoring needs to keep the LFG system running efficiently and effectively. This new work is additive to the original scope of services that was approved by Council in 2021. In order for the City to complete system enhancement projects, staff is recommending amending the existing agreement with ES Engineering Services DBA Montrose Environmental. Discussion The City has been actively monitoring methane levels at the former landfill site since 1996. California Title 27 regulations for control of LFG adopted in 1997 required an LFG Control System to be installed to control gases generated by the decomposition of the landfill material. An interim LFG Control System was installed in 1998 and construction of a permanent LFG Control System was completed in the fourth quarter of 2000. The objectives of the LFG Control System are: • Reduce methane concentrations within the landfill; • Reduce methane concentrations in native soils surrounding the landfill; • Reduce methane concentrations in identified utility trenches; and • Maintain methane concentrations in perimeter subsurface detection probes outside the landfill below the regulatory action level of five percent methane by volume or 50,000 parts per million. Over the past 24 years, the LFG has observed predominantly safe methane levels in all of the system’s 37 sub-surface probe monitors, including a network of monitoring probes and gas extraction wells that specifically monitor methane levels adjacent to the Mountain View Mobile Home Park. This record demonstrates that methane levels – both underground and in the ambient air environment – are generally below the regulatory compliance threshold of 5%, with a few isolated exceptions. Overall, the site generates a low volume of methane. This can be attributed to the landfill being over 50 years old and to the composition of the waste landfilled, which was predominantly construction 5.G Packet Pg. 102 3 of 5 debris such as concrete blocks, bricks, and wood. Based on the volume and type of waste in place and the known time the landfill was in operation, landfill modelling indicates that the landfill’s current ability to generate methane is very low and will continue to decrease over time due to the low levels of organic materials buried in the landfill. Today, landfill gas levels remain relatively stable at the former landfill site; however, some anomalies have been recorded at a handful of locations within the Municipal Yards that exhibit temporary increases in methane levels and momentarily exceed the regulatory threshold. These anomalies are believed to be caused by excess moisture in the landfill due to above average rainfall, a main water line that leaked into the subsurface soil, and site construction activities over the past year. Increased moisture and saturation of organic materials increases the production of methane via methanogenesis (anaerobic digestion). These temporary increases can be remedied by adjustments to the LFG mechanical network and/or through expansion of the control system. Hence, Public Works is proposing to add additional scope to the ES Engineering Services DBA Montrose Environmental contract beyond the routine maintenance and monitoring of the LFG system to include the following enhancement activities: • Install vertical extraction well LFG-11 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report; • Install vertical extraction well LFG-12 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report; • Install 25 hp blower & motor including obtaining permits, labor, travel, all materials and equipment; • Install a new Alarm Call Out system, upgrade control panel and run new conduit and wires, install float sensor on entrainment tank and wire high level sensors to control panel. Includes obtaining permits, labor, travel, all materials and equipment; and 5.G Packet Pg. 103 4 of 5 • Raise probes PP-5R, PP-14 and header access vault for accessibility. If approved, Public Works, through ES Engineering Services DBA Montrose Environmental, would need to prepare and submit applications and obtain permits from the LACDPH and SCAQMD for the installation of the new wells and all necessary trenching and piping connections to the original system. In addition, the City would need to prepare a Workplan and Health & Safety Plan to monitor all construction activities at the site during installation of the new mechanical equipment. Past Council Actions Meeting Date Description 10/26/2021 (attachment A) Landfill Gas Study Session 7/27/2021 (attachment B) Original RFP bid and award of agreement with ES Engineering Services DBA Montrose Environmental for services related to the operation, maintenance, and compliance sampling and reporting for the City’s Landfill Gas Control System Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund to increase the amount of contract with ES Engineering Services DBA Montrose Environmental for services related to the operation, maintenance, and compliance sampling and reporting for the City’s Landfill Gas (LFG) Control System. Funds are available in the FY 2022-23 Capital Improvement Program Budget for this project. Contract Request Agreement # Current Authorized Amount FY 2022-23 Modification Request Amount Dept/CIP Account # Total Revised Contract Amount 11181 $715,211 01500020.550010 $715,211 11181 $300,000 C0104580.689000 $300,000 $715,211 $300,000 Total $1,015,211 5.G Packet Pg. 104 5 of 5 Prepared By: James Velez-Conway, Senior Sustainability Analyst Approved Forwarded to Council Attachments: A. 4576 LFG Study Session B. Executed-ES_Engineering_Contract_Sept_2021.docx C. Santa Monica LFG Wells & System Upgrades Proposal 20220615 D. ES Engineering Oaks Initiative Form MEG2-signed 5.G Packet Pg. 105 Executive Summary The City of Santa Monica operated a landfill from 1948 to 1970. The facility was closed and capped with three to five feet of cover soil in 1970. In order to comply with new regulatory requirements for landfills, a Landfill Gas Control and Treatment System (LFG Control System) was installed in 1998 to monitor and control methane and other landfill gases. This report provides a summary of the inactive landfill site located beneath Gandara Park and portions of the Municipal City Yards located at 2500 Michigan Avenue and a description of the LFG Control System, the regulatory requirements, and recent monitoring results. The LFG Control System has been in continuous operation since 1998 to monitor methane levels and to maintain safe environmental conditions for nearby residents, park users, and City staff who work at the Yards. Oversight of the LFG Control System is performed by a licensed independent contractor, Montrose Environmental, that maintains, operates, and manages the LFG Control System in strict accordance with permits from the County of Los Angeles Department of Public Health (LADPH) and the South Coast Air Quality Management District (SCAQMD). The permits require routine monitoring and maintenance of a perimeter probe network, LFG extraction wells, and the LFG Control System. Additionally, the air above the landfill surface and the interiors of the City Buildings are monitored for LFG. Compliance reports are submitted to the LADPH and SCAQMD on a quarterly basis. Over the past 20 years, the LFG monitoring results indicate predominantly safe methane levels in all of the system’s 37 subsurface LFG detection probes, including a network of monitoring probes that specifically monitor methane levels adjacent to the Mountain View Mobile Home Park. In several instances, anomalies have been recorded at a handful of locations that exhibit temporary increases in methane levels that exceed the regulatory threshold of 5% by volume. These anomalies can generally be remedied by adjustments to the LFG mechanical network, or through expansion of the control system. A planned expansion is currently underway to address a recent anomaly associated with utility work and construction activities at the City Yards. 5.G.a Packet Pg. 106 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Background Landfill Background In 1904, the Simons Brick Company established a factory to manufacture pottery, brick, tile and clay shingles alongside the Southern-Pacific tracks and adjacent to the Sunset Brick and Tile Manufacturing Company. The operations included a large clay mining pit located at present day Gandara Park and portions of the City Yards. This local resource provided materials for the construction of many buildings in the Bergamot area and West Los Angeles. Following the closure of the clay mine in the 1940’s, the site transitioned to a landfill that was primarily used for the disposal of construction debris composed of wood, cement, metal, gypsum, and other construction related materials. Based on the historic aerial photos it appears that municipal solid waste (residential trash) was disposed at this location from approximately 1949 to 1952. The western portion of the pit remained unfilled until approximately 1964, at which time it also appears to have been predominantly filled with construction debris. At the time of the landfill’s closure in 1970, it is estimated that it contained approximately 300,000 cubic yards of refuse. It is estimated that the pit was a maximum of 30 to 35 feet deep at its southern edge and considerably shallower along the northern edge (about 3 to 5 feet deep.) A layer of approximately 3 to 5 feet of soil was reportedly used as a landfill cover material at the site. Figure 1: Approximate Boundary of the Landfill from 1977 5.G.a Packet Pg. 107 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Discussion The City has been actively monitoring methane levels at the former landfill site since 1996. California Title 27 regulations for control of LFG adopted in 1997 required a LFG Control System to be installed to control gases generated by the decomposition of the landfill material. An interim LFG Control System was installed in 1998. Construction of the permanent LFG Control System that incorporated the interim system was completed in the fourth quarter of 2000. The primary LFG components are methane and carbon dioxide. Methane gases are the primary subject of this report, as methane is flammable and thus presents safety considerations. The objectives of the LFG Control System are: • Reducing methane concentrations within the landfill; • Reducing methane concentrations in native soils surrounding the landfill; • Reducing methane concentrations in identified utility trenches; and • Maintaining methane concentrations in perimeter subsurface detection probes outside the landfill below the regulatory action level of five percent methane by volume or 50,000 parts per million. Five percent represents the lower flammability limit (LFL) for methane, which is the lowest concentration of gas capable of producing a spark or flash of fire in the presence of an ignition source. With methane concentration levels below the LFL, the gas would be too lean to burn. LFG Control System – How it Works The system includes the following major components: • Monitoring Probe Network: consisting of 37 subsurface probes for monitoring LFG. • Extraction Well Network: consisting of ten vertical wells that extract LFG from the landfill. • Conveyance Piping: consisting of underground piping to collect and transport LFG from the extraction wells to the treatment compound. • Treatment Equipment: consisting of multiple systems that treat the collected LFG before it is discharged to the atmosphere through a 26-foot-high stack. 5.G.a Packet Pg. 108 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Regulatory Compliance – Why We Have the Landfill Gas Control and Treatment System Policy decisions made 80 years ago provided for a landfill to be located in the present- day Pico Neighborhood. Operations at the landfill ceased in 1970 and, in 1996, the City was compelled to begin monitoring the site due to changes in the California Code of Regulations. In order to control exposure to potential LFG emissions, the LFG Control System was installed in 1998 and expanded in 2000. The LFG Control System was approved and permitted by the SCAQMD and LACDPH. These permits require the following monitoring and maintenance activities: • Bi-weekly Activities: o Check the treatment vessels outlet for volatile organic compounds (VOCs) and schedule a media replacement if VOCs exceeds 20 parts per million (ppm). o Check the blower and equipment for any LFG leaks and to ensure it is operating properly. o Check the condensate tank for remaining capacity to ensure it will be pumped out and hauled away. • Quarterly Activities: o Monitor the vacuum methane, oxygen, carbon dioxide, and hydrogen sulfide in all 10 LFG extraction wells and make adjustments, if necessary. o Monitor the methane and pressure in all 37 probes (many of which have multiple depths). o Collect a composite sample of air from within three inches of the ground throughout Gandara Park and have it analyzed by a certified laboratory for methane and VOCs to ensure the total methane emissions in the park do not exceed 25 ppm. o Conduct instantaneous surface monitoring (ISM) for methane within three inches of the ground surface throughout Gandara Park. o Conduct ISM indoors throughout the City Yards buildings to check for LFG in the buildings. o Report findings to SCAQMD and LACDPH. • Annual Activities: o Collect LFG system outlet and inlet samples and have a certified laboratory analyze them for hydrogen sulfide, methane, and VOCs to check the functioning of the treatment system and ensure it is working 5.G.a Packet Pg. 109 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) properly. o Collect a perimeter probe sample for VOC analysis at a certified laboratory. The continuous monitoring of the former landfill site has produced a record going back nearly 25 years. As a whole, this record demonstrates that methane levels – both underground and in the ambient air environment – are generally below the regulatory compliance threshold of 5%, with a few isolated exceptions that are described in this report in more detail. Overall, the site generates a low volume of methane. This can be attributed to the landfill being over 50 years old and to the composition of the waste landfilled, which was predominantly construction debris such as concrete blocks, bricks, and wood. Based on the volume and type of waste in place and the known time the landfill was in operation, landfill modelling indicates that the landfill’s ability to generate methane is very low and will continue to decrease over time. Community Concerns About Methane and Environmental Justice Over the years, concerns have been expressed by the community over the presence of LFG and its potential impact on the human environment. As part of the former landfill sits beneath a public park, concerns have been raised about the effects of emissions on families and children and the potential for the vented methane to combust. Similar concerns have been expressed by the neighboring residential community living adjacent to the former landfill site at Mountain View Mobile Home Park. The City closely monitors the LFG to track methane levels to a high degree of accuracy, provide a historical record, and ensure a stable and safe human environment. The LFG system’s network of monitoring probes and gas extraction wells help to form a barrier against any potential methane leaks, and effectively monitor and extract landfill gasses near sensitive residential areas including the Mountain View Mobile Home Park, as well as Gandara Park. The compliance reporting requirements that are satisfied by a licensed contractor, Montrose Environmental, ensure independent professionals continually evaluate the system for changing conditions. The current scope of services with Montrose Environmental covers preventive maintenance, proactive upgrades, and 5.G.a Packet Pg. 110 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) field monitoring of the landfill gas extraction system to ensure optimum operation and performance of the components in extracting landfill gases. This allows the City to go above and beyond the regulatory requirements set by the LADPH and SCAQMD. Members of the public may request copies of the City’s Quarterly LFG Operations, Maintenance, and Monitoring Reports from CalRecycle (Attachment A) or from SCAQMD (Attachment B). Subsurface Methane Levels Since the LFG control system began operation, required monitoring of subsurface vapor probes has documented that methane concentrations in native soils surrounding the landfill are generally below regulatory action levels. Similarly, the network of trench probes that exists at the site have not contained methane in excess of the regulatory action limit, with the exception of trench probe TP-2 located in the City Yards that is described below. Multi-depth vertical monitoring probes are installed along the perimeter of the landfill. A total of 37 probe clusters are used to detect any landfill gas that may be traveling through the subsurface soil. The probe clusters each contain shallow, intermediate, and deep probe depths. Monitoring at Mountain View Mobile Home Park LFG monitoring equipment installed between the landfill and the Mountain View Mobile Home Park consists of eight perimeter probe clusters, eight landfill gas extraction wells, and two sumps. These are located along the northeast perimeter of the mobile home park to detect and prevent LFG migration. There were also ten former monitoring probes situated within the Mountain View Mobile Home Park. After LFG was consistently not detected (0.0 ppm) for an extended number of years, the regulatory agencies no longer required the City to test and sample monitoring wells MVP1 through MVP10. 5.G.a Packet Pg. 111 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Figure 2: Map of Shallow Probes In Compliance with LADPH and SCAQMD Requirements Ambient Air Methane Levels The SCAQMD permits require a composite air sample be collected quarterly within three inches of Gandara Park for methane and VOC analysis. The results of these samples in recent years have been consistently below the SCAQMD limit of 25 ppm. Compliance with Regulatory Requirements Quarterly compliance reports detailing methane levels throughout the monitoring and control system are submitted to SCAQMD and there have been no non-compliance violations recorded against the City of Santa Monica. Quarterly compliance reports are 5.G.a Packet Pg. 112 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) also submitted to the LADPH. An inspector from the LADPH has inspected the site quarterly for the past 20 years. During that time there have been no enforcement actions for the Santa Monica Landfill. There have been “Areas of Concern” or minor “Violations” noted on the inspection reports, most of which occurred back in the late 1990s and early 2000s when the LFG Control System was being installed and later expanded. The most recent of these occurred in 2018 and 2019. They were due to water ponding in the City Yards and exceedances of 5% methane detected in the nearby subsurface probe PP-6. This exceedance was noted on June 13, 2019, when 5.1% methane was detected in probe PP-6B. Subsequent inspections of PP-6 consistently indicate no exceedances of 5% methane. Anomalies in Historically Low Methane Levels Methane concentrations exceeding 5% have occurred sporadically in certain Rule 1150.1 compliance probes. These elevated concentrations have been controlled through LFG extraction well adjustments and upgrades on aging LFG equipment. Upgrades have included installing new well heads and sump pumps, improving compressor operation, and keeping the vacuum system continually running with a new variable frequency drive which allows the City to control the vacuum system and blower. Two anomalies identified in the continuous system monitoring warrant further discussion in this report, as they demonstrate the City’s commitment to transparency and to maintaining tight oversight of LFG emissions. • Trench Probe #2– Potential Sewer Utility Off-Gassing Only the methane concentrations in trench probe TP-2, which is located on the north side of the City Yards in front of the Water Resources Division’s facilities, have consistently exceeded the Rule 1150.1 limits. The methane readings collected from this compliance monitoring probe have been higher than most of the landfill gas extraction wells, ranging from 22.3% to 38.4% by volume in air since 2016. Montrose believes the gas detected in probe TP-2 may not be originating from the landfill, but instead is the product of a nearby sewer utility. 5.G.a Packet Pg. 113 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Montrose conducted gas sample fingerprinting during the first quarter of 2020 by comparing laboratory analysis of vapor samples collected from probe TP-2 and the closest LFG extraction well (LFG-7). The analytical results indicate the gases are different and that TP-2 may not be detecting LFG but may be detecting sewer gas from a nearby sewer line in the trench. LADPH is aware of the history of this probe and there have been no violations issued for trench probe TP-2, which is located in the City Yards area. • Perimeter Probe Anomalies There have been sporadic exceedance of the 5% methane detected in the subsurface perimeter monitoring probes over the past 10 years. When elevated levels of methane are detecting in perimeter probes, corrective actions are performed. This usually includes checking and adjusting the nearby LFG extraction wells. Some of the perimeter probes are located very close to the edge of the landfill waste and also to the LFG extraction wells. This close proximity to LFG sources, makes it more likely to periodically have readings that exceed 5% methane. In order to monitor the probe, it has to be evacuated by connecting it to a pump. By putting the probe under vacuum to collect a sample, LFG from the surrounding soil may be drawn towards and into the probe. Therefore, one-time anomalous elevated methane readings in the perimeter probes may be due to sampling errors and are not necessarily an indication that LFG is migrating beyond the site’s border. The following maps show all the perimeter monitoring probes at the site. Next to each probe is either a green dot or yellow dot. The green dots indicate that probe has not exceeded 5% in the past five years of quarterly readings (20 monitoring events). The yellow dot indicates that the probe has had one or more exceedances of 5%. Since each probe has 3 depths, the shallow, intermediate, 5.G.a Packet Pg. 114 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) and deep probes are shown on three separate maps. Figure 3: Shallow Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years) Figure 4: Intermediate Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years) 5.G.a Packet Pg. 115 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Figure 5: Deep Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years) • Recent Anomalies at City Yards Construction Site – Expansion of the LFG System As a result of recent utility work and construction activities of the new Fleet Maintenance building located at the City Yards, several new anomalies were recently identified. The City was contacted by Southern California Gas Company in June 2021 regarding the results of their aerial methane mapping survey, which identified two locations with detectable levels of methane in the City Yards. Asphalt and concrete were removed at these two locations during construction, and planters and electrical conduit boxes were installed. Based on a thorough investigation involving surface monitoring at multiple areas in the City Yards, it was determined that two subsurface electrical conduit boxes had elevated methane readings. To reduce the methane detected in these locations, Montrose increased the vacuum at the nearest two LFG extraction wells and the City contractor capped open conduits within the boxes. This reduced the methane concentrations in the utility boxes. These locations have 5.G.a Packet Pg. 116 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) been added to the routine monitoring program and will continue to be inspected. In addition, Public Works is installing an additional vertical LFG extraction well to reduce and capture methane near the surface in these areas. This work is covered by existing contracts. Staff is preparing to submit applications and obtain permits from the LACDPH and SCAQMD for the installation of the new well and all necessary trenching and piping connections to the existing LFG header. A Work Plan and Health and Safety Plan will be prepared to describe the proposed construction activities and safety protocols to be performed at the site. Figure 6: Proposed Location of Additional LFG Extraction Well and Piping System Maintenance The LFG system has performed well over the past twenty-four years, owing to a routine maintenance schedule that continuously evaluates the condition of all mechanical equipment. Repairs are performed when necessary, or when the opportunity to improve 5.G.a Packet Pg. 117 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) the system with upgraded components is presented through advances in technology or science. Routine maintenance and repairs are covered in the City’s existing contract with Montrose. Conclusion The City maintains an inactive landfill site located beneath Gandara Park and portions of the Municipal City Yards in the Pico Neighborhood with a Landfill Gas Control System. The LFG Control System has been in continuous operation since 1998 to monitor methane levels and to maintain safe environmental conditions for nearby Pico Neighborhood residents, park users, and City staff who work at the Yards. Oversight of the LFG Control System is performed by a licensed independent contractor, Montrose Environmental, that maintains, operates, and manages the LFG Control System in strict accordance with permits from the County of Los Angeles Department of Public Health (LADPH) and the South Coast Air Quality Management District (SCAQMD). Montrose performs biweekly system inspections to confirm the LFG Control System is running properly and provide maintenance to the mechanical equipment. Montrose also monitors the landfill surface and the LFG detection and collection system quarterly. By regularly monitoring the 37 perimeter and trench probe clusters for LFG detection in the subsurface soil, staff can identify elevated methane and perform adjustments or repairs on the LFG extraction wells. The LFG extraction wells are monitored to ensure they are providing the maximum LFG control at the site. The entire landfill surface is monitored for LFG emissions and repairs and updates are made as necessary to ensure the health and safety of the public and City workers. Financial Impacts and Budget Action There is no immediate financial impact or budget action necessary as a result of this action. Staff is using existing funds for installation of an additional vertical LFG extraction well. City Council approved funds to award a contract with Montrose Environmental for services related to the operation, maintenance, and compliance sampling and reporting for the City’s Landfill Gas Control System at the July 27, 2021 5.G.a Packet Pg. 118 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) meeting. The total contract amount was $715,211 of which $137,990 was approved for FY 2021-22. 5.G.a Packet Pg. 119 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Contract No. 11181 (CCS) PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”), entered into as of _____________, 2021 (“Execution Date”), by and between the City of Santa Monica (“City”) and ES ENGINEERING SERVICES, LLC (“ES ENGINEERING SERVICES” or “Consultant”), is made with reference to the following: RECITALS: A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. ES ENGINEERING SERVICES is qualified to do business, and is doing business, in the State of California. ES ENGINEERING SERVICES represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement. C. The City and ES ENGINEERING SERVICES now desire to enter into an agreement for ES ENGINEERING SERVICES to provide professional services to the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERMS AND CONDITIONS 1. Term. This Agreement begins on the Execution Date and terminates five (5) calendar years after the Execution Date, unless sooner terminated in accordance with Section 14. 2. ES ENGINEERING SERVICES. ES ENGINEERING SERVICES shall perform all of the services (“Services”) described in Exhibit A, Scope of Services, and further detailed in the Specific Work Plan. ES ENGINEERING SERVICES shall complete the Services in accordance with Exhibit B, Budget. 3. City Services. The City agrees to: 3.1 Make available to ES ENGINEERING SERVICES any currently existing documents, data or information required for the performance of the Services. 3.2 Designate a representative authorized to act on behalf of City. 3.3 Promptly examine and render findings on all documents submitted for staff review by ES ENGINEERING SERVICES. 4. Compensation. The City shall compensate ES ENGINEERING SERVICES for the Services performed in an amount not to exceed $621,923, as set forth in Exhibit B. - 1 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 9/20/2021 5.G.b Packet Pg. 120 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 5. Invoices. ES ENGINEERING SERVICES will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt. 6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows: 6.1 All notices, demands, requests or approvals to the City: City of Santa Monica Office of Sustainability and the Environment 1685 Main Street, Third Floor Santa Monica, California 90401 Attention: James Velez-Conway Re: Contract No. 11181 CCS with a copy to: Santa Monica City Attorney’s Office 1685 Main Street, Third Floor Santa Monica, California 90401 Attention: City Attorney Re: Contract No. 11181 CCS 6.2 All notices, demands, requests or approvals to ES ENGINEERING SERVICES: ES ENGINEERING SERVICES, LLC dba Montrose Environmental Solutions 1631 East Saint Andrews Place Santa Ana, California 92705 Attention: Dane Nygaard Re: Contract No. 11181 CCS 7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of ES ENGINEERING SERVICES or any of ES ENGINEERING SERVICES’s agents, employees, or subconsultants, except as otherwise provided in this Agreement. 8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and ES ENGINEERING SERVICES, and approved as to form by the City Attorney. - 2 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 121 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 9. Insurance. Prior to commencing work, ES ENGINEERING SERVICES must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by ES ENGINEERING SERVICES or ES ENGINEERING SERVICES’s agents, representatives, employees or subconsultants for the duration of this Agreement. ES ENGINEERING SERVICES must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications. 10. Defense and Indemnification. 10.1 Indemnification. As to ES ENGINEERING SERVICES’s Services produced under this Agreement, ES ENGINEERING SERVICES agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of ES ENGINEERING SERVICES, or ES ENGINEERING SERVICES’s employees, agents, officers, and subconsultants. ES ENGINEERING SERVICES’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of ES ENGINEERING SERVICES, its employees, agents or officers, or subconsultants; provided, however, that ES ENGINEERING SERVICES’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding ES ENGINEERING SERVICES’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from ES ENGINEERING SERVICES, if City chooses to do so. 10.2 Enforcement Costs. ES ENGINEERING SERVICES agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1. 11. Prohibition Against Transfers. 11.1 ES ENGINEERING SERVICES may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer. - 3 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 122 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of ES ENGINEERING SERVICES or of any general partner or joint venturer or syndicate member of ES ENGINEERING SERVICES, if a partnership or joint venture or syndicate exists, which results in changing the control of ES ENGINEERING SERVICES, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation. 12. Permits and Licenses. ES ENGINEERING SERVICES, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates. 13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement. 14. Default and Termination. 14.1 If ES ENGINEERING SERVICES fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to ES ENGINEERING SERVICES. 14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to ES ENGINEERING SERVICES. Upon termination of this Agreement, City will pay ES ENGINEERING SERVICES any compensation earned and unpaid up to the effective date of termination. 15. Compliance with Law. ES ENGINEERING SERVICES must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City. 16. Discrimination. ES ENGINEERING SERVICES may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability. 17. Nuisance. ES ENGINEERING SERVICES may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. 18. Records. 18.1 ES ENGINEERING SERVICES must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. ES ENGINEERING SERVICES must keep the records, together with supporting documents, - 4 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 123 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) separate from other documents and records and maintain them for a period of three years after receipt of final payment. 18.2 ES ENGINEERING SERVICES must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. ES ENGINEERING SERVICES must clearly identify all records and make them readily accessible to the City. At the City’s request, ES ENGINEERING SERVICES must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records. 18.3 ES ENGINEERING SERVICES must allow the City to have free access to ES ENGINEERING SERVICES’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit ES ENGINEERING SERVICES’s records, and ES ENGINEERING SERVICES agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by ES ENGINEERING SERVICES, ES ENGINEERING SERVICES agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report. 19. Work Product; Reports. 19.1 Any work product prepared or caused to be prepared by ES ENGINEERING SERVICES or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by ES ENGINEERING SERVICES or any subconsultant pursuant to this Agreement may be made available to any individual or organization by ES ENGINEERING SERVICES without prior written approval by City. 19.2 At the City’s request, ES ENGINEERING SERVICES must furnish reports concerning the status of the Services. 20. Standard of Care. ES ENGINEERING SERVICES agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of ES ENGINEERING SERVICES’s profession currently practicing in the same locality under similar conditions. 21. Subconsultants. 21.1 If ES ENGINEERING SERVICES proposes to have any subconsultant perform any part of the Services, ES ENGINEERING SERVICES must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request. - 5 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 124 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 21.2 ES ENGINEERING SERVICES will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between ES ENGINEERING SERVICES and any subconsultant (or between any subconsultant and others) must contain the following provision: This agreement is consistent with all terms and conditions of the Agreement No. 11181 (CCS) entered into between the City of Santa Monica and ES ENGINEERING SERVICES on . 22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement. 23. Venue and Jurisdiction. The City and ES ENGINEERING SERVICES agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement. 24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. /// /// /// /// - 6 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 125 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 25. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein. Exhibit A Scope of Services Exhibit B Budget Exhibit C Insurance Requirements In witness whereof, the parties have caused this Agreement to be executed the day and year first above written. ATTEST: DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: GEORGE CARDONA Interim City Attorney CITY OF SANTA MONICA, a municipal corporation By: JOHN JALILI Interim City Manager ES ENGINEERING SERVICES, LLC By: Name: Title: - 7 - DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 9/14/2021 9/14/2021 Dane Nygaard Senior Manager 5.G.b Packet Pg. 126 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit A - Scope of Services SCOPE OF WORK The routine scope of work for monitoring, maintenance and troubleshooting, and reporting requirements for City’s Landfill includes bi-weekly, quarterly, annual, and as needed tasks. There are three general categories of services which the City is currently soliciting: 1) Operation, Maintenance, and Monitoring of the LFG Control System; 2) Monitoring of the probe system in accordance with the City’s AQMD Rule 1150.1 Compliance Plan; and 3) Miscellaneous Services. Montrose has the professional experience and resources to meet the required scope of work. As the incumbent consultant, Montrose understands that the landfill and the LFG Control system are operated in compliance with the SCAQMD conditionally approved Rule 1150.1 Compliance Plan, the 2004 SCAQMD permit to operate #F66238 and the 2003 SCAQMD permit to operate #F59249. The City of Santa Monica Landfill #2 is under the oversight of the County of Los Angeles Department of Public Health (LEA). Reports containing the results of monitoring events are submitted to both agencies on a quarterly basis. Montrose understands that required monitoring is performed on a bi-weekly, quarterly and annual basis and reported quarterly for the ISM, ISS, probe monitoring, well monitoring and system monitoring. A summary table of the required monitoring and O&M schedule, according to Permits to Operate F66238 and F59249 and the 2018 Compliance Plan #567444 is provided as Appendix E. The following tasks are grouped in categories stated in the RFP for the ease of reference. 1. Operation, Maintenance and Monitoring of the LFG Control System As stated before, our approach to monitoring and maintenance is simple: We are proactive! This is what we do and we are well known for our expertise. We understand the importance of the proper LFG system operation for the safety of the environment. The LFG equipment will be properly maintained and kept in good operating condition at all times. Montrose’s senior personnel assigned to this project has extensive experience in the field of landfill gas collection system design, operation and maintenance of the systems, regulatory compliance and reporting. We will provide all operation, maintenance, and monitoring services for the existing LFG control system at the site. LFG System Monitoring – Bi-weekly Landfill Gas System Monitoring Montrose will monitor the LFG system on a bi-weekly basis as required according to the 6th, 10th and 12th conditions in permit #F66238. During the bi-weekly activities Montrose will inspect the blower and LFG components and monitor for methane using an FID. If leaks detected above 500 parts per million by volume (ppmv) occur, they will be reported to the City and AQMD within 24 hours and repaired within 3 working days. In addition, the outlet of the carbon vessels will be monitored for VOC breakthrough (above 20 parts per million by volume) using a photoionization DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 127 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) detector (PID). The condensate sumps will also be inspected, maintained and the condensate tank will be inspected for fluid levels on a bi-weekly basis. Additionally, Montrose will observe and report the proper operation of the compressor and fluids within the knockout tank. LFG System Monitoring - Quarterly Well Field Monitoring Subsequent to the quarterly probe monitoring, Montrose will monitor the gas extraction wells and will make the appropriate well head adjustments to control flow based on the well data and probe monitoring data. Knowing the methane concentrations in the gas probes before the wells are monitored makes it easier for the technician to determine the appropriate LFG well adjustments as the LFG well readings are collected. Each well, wellhead, control assembly, sumps and all other components of the system are monitored and checked to verify that they are tight and functioning properly. Montrose will check vacuum using a manometer at each well and well lateral to verify that vacuum is constant throughout the LFG system. A GEM 5000 or equivalent gas monitor will be used to monitor LFG gas for methane, oxygen, carbon dioxide and hydrogen sulfide and a TSI thermal anemometer or equivalent will be used to measure landfill gas flow from the wells and temperature in wells. Blower Station Operation and Maintenance All components of the blower station will be checked and monitored quarterly for proper operation and need for maintenance and/ or repairs or replacement. At a minimum the monitoring will include;  Monitor the blower station and include operating information in the quarterly report,  The blower performance will be checked for abnormal operation. If problems are found or suspected, corrective action will be taken and documented in the quarterly reports.  Check the water level in the condensate sumps,  Check all valves,  Check blower station environment for cleanliness, removing trash regularly,  Check the water level in the condensate water tank. Arrange for and coordinate water removal and disposal when the tank is 80% full,  Arrange for and coordinate carbon replacement as needed,  Monitor the gas quality before the carbon canisters, between the carbon canisters and after the blower, and  Check the flow before the carbon canisters. Montrose will monitor the LFG system using a PID to confirm that the LFG system is reducing NMVOCs to 20 ppmv or less. If NMVOCs breakthrough above 20 ppmv the spent carbon will be DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 128 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) replaced and disposed of properly. Montrose evaluated historical carbon loading and the need for carbon replacement occurs approximately every year. Indoor Air Monitoring Indoor air monitoring is a requirement requested by the LEA in the December 22, 1997 Interim Landfill Gas Control System at the Santa Monica Corporation Yard correspondence. The current SCAQMD compliance plan and permits to operate do not require indoor air monitoring. However, indoor air monitoring has been conducted in the past and Montrose will continue to conduct indoor air monitoring on a quarterly basis until notified otherwise. Montrose will perform monitoring of the interior of each fully enclosed on-site structure to assess the potential migration of LFG and accumulation of both potentially explosive concentrations of combustible gases as well as potentially toxic or carcinogenic gases in the enclosed structures at the site. Montrose will use a flame ionization detector (FID), to monitor and assess concentrations of explosive gases and total organic vapor within the structures. All monitoring equipment shall be calibrated daily prior to the startup of the work. Any readings exceeding 500 ppmv at any areas within indoor structures, near any cracks, joints or utility piping protruding from concrete or asphalt, shall be recorded on a map, and the City shall be notified. Integrated Surface Sampling (ISS) This sampling event is conducted quarterly to test for toxic air contaminants (TAC) and total organic compounds (TOC) across the unpaved section of the landfill. Montrose shall perform ISS over the pre-established walk pattern identified on Figure 2, of the Arthur D Little Submittal of a Revised Rule 1150.1 Compliance Plan dated August 20, 1999. ISS shall be conducted when the landfill is dry and average wind speed is 5 mph or less, and the instantaneous wind speed is 10 mph or less. During sample collection, the sample tip shall be maintained between 0 to 3 inches above the landfill surface, as the technician walks at a speed of 2-3 miles per hour over a 2,600 linear-foot walking pattern within the grid. The sample shall be collected in a 10-liter Tedlar bag that is enclosed in a light sealed box. Only one sample will be required; as the total area of the unpaved section of the landfill is well below 50,000 square feet. The sample will be submitted to a certified laboratory under Chain-of-Custody procedures and analyzed for TAC listed in SCAQMD 1150.1 Table 1 Toxic Air Contaminants (Core Group) by EPA Method TO-15 and EPA Method 15/16, NMOCs as hexane, methane and fixed gases by SCAQMD Method 25.1, and upon an SCAQMD written request for additional TAC as listed in SCAQMD 1150.1 Table 2 Toxic Air Contaminants (Supplemental Group). Instantaneous Surface Monitoring (ISM) Instantaneous surface monitoring (ISM) shall be conducted quarterly over the pre-established walk pattern identified on Figure 2, of the Arthur D Little Submittal of a Revised Rule 1150.1 Compliance Plan dated August 20, 1999 to identify the locations of areas with excessive landfill gas emissions. Landfill gas emissions will be monitored using a Thermo TVA 1000B portable FID or equal, calibrated prior to the start of the work, while walking a pre-established pattern at a DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 129 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) speed of 1 to 2 feet per second. At all times the monitoring probe tip shall be maintained at approximately 0 to 3 inches above the landfill surface. The concentration of any readings exceeding 500 ppm and the location of that reading at areas of cap failure or fissures, etc., shall be recorded on a map, and the City shall be notified. LFG System Monitoring - Annually LFG System Monitoring On an annual basis, Montrose will perform hydrogen sulfide, TOC and TAC emissions monitoring of the LFG system. Landfill gas entering the gas control system will be collected using a 10-liter Tedlar bag collected over a 10-minute period of time and submitted to a certified analytical laboratory. The sample will be analyzed for hydrogen sulfide using EPA Method 15/16, VOCs using EPA Method TO-15 and fixed gases, TGNMOCs as Hexane and Methane using SCAQMD Method 25.1. Ambient air samples are not required according to the 2018 Compliance Plan and therefore will not be sampled. Report Preparation Montrose will prepare a Quarterly Report for submittal to the SCAQMD and the LEA documenting the monitoring results, and corrective actions taken, if any, during each quarter. The report will contain a summary of the site background, a summary of the operations of the previous quarter, description of the sampling and monitoring procedures used, tabulated probe and well monitoring data, ISS and ISM monitoring data, and discussions of the exceedances, if any, and corrective actions and mitigation measures taken to correct a methane exceedance. The report will also include a photographic logs any areas of concern that were observed and/or repaired. The report will also include copies of the calibration logs, laboratory reports, and other forms and supporting information regarding field monitoring, operations and maintenance. The quarterly report will be submitted to the City for review and comments prior to the submittal to the SCAQMD and the LACDHS within 20-25 days after the end of each reporting quarter. Report records will be kept for a minimum of two years and will be available to the City or the AQMD upon request. 2. Monitoring of the probe system in accordance with the City’s South Coast Air Quality Management District Rule 1150.1 Compliance Plan Twenty-nine perimeter probes, eight trench probes, and five landfill probes are located at the landfill of which 24 multi-level perimeter probes and 6 trench probes are compliance probes; the remaining 12 probes are installed at various locations for monitoring and wellfield adjustment purposes. Montrose will monitor the perimeter probes prior to monitoring the LFG wells. Identifying the probes with elevated methane concentrations enables the technician to make appropriate vacuum and well flow adjustments in the field during the LFG well monitoring. Each probe is monitored for the presence of carbon dioxide, oxygen, total organic compounds (TOC) measured as methane and hydrogen sulfide using a Landtec® Gas Emission Monitor (GEM™) 5000 DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 130 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) or equivalent gas monitor. The static pressure of each perimeter gas migration probe is checked first using the GEM™ or a Magnehelic® pressure gauge. Then, prior to measuring the gas concentrations, a minimum of one probe casing volume of gas is evacuated using the GEM™ pump. The data recorded includes the date, probe number, static pressure and gas component concentrations for each probe. The GEM™ unit is calibrated prior to performing monitoring. Annually, a PID will be used to measure TAC concentrations within each compliance probe. If a perimeter probe concentration of TOC exceeds 2% by volume and the probe is greater than 100 feet from the refuse, Montrose will use the grid method to instantaneously monitor the surface between the refuse boundary and the perimeter probe. Annually, Montrose will collect a Tedlar bag sample for TAC analysis from the probe with the highest concentration during any of the monitoring periods within the year; if the FID concentration does not exceed 5% by volume in any of the probes. No bag samples are required for TOC. However, if FID concentrations of TOC exceed 5% by volume in any of the compliance probes, Montrose will collect one bag sample annually from the probe with the highest concentration for TOC and TAC laboratory analysis. 3. Miscellaneous Services Under Miscellaneous Services, Montrose will be responsible for compiling and submitting draft reports for City approval, and final copies to the regulatory agencies, as well as special reports that may be required by the City. Other services may include installation of additional wells, consultation on general site management such as grading or infrastructure activities that might disturb the landfill cap, lateral installation, header repair, sump repair and response to time-sensitive regulatory compliance issues. Non-routine equipment related maintenance or repairs would also be included. Information gathered during the project by Montrose is considered confidential and will be released only upon written authorization by the Client as required by law. California law requires a person to inform the State if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or the environment. The results contained in any oral or written report will be based upon the information acquired at the time of the investigation. It is possible that not all conditions will be identified during this project. The work will be consistent with the level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions in Southern California. No warranty is expressed or implied. This proposal is the property of Montrose and may be used only by the City and only for the purposes stated, within a reasonable time from its issuance. LIMITATIONS DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 131 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit B - Budget Tasks Year 1 Year 2 Year 3 Year 4 Year 5 Proposal Total I. Operation, $66,802 $66,802 $68,806 $70,870 $72,996 Maintenance, and Monitoring of LFG Control System II. Monitoring of Probe $10,687 $10,687 $11,008 $11,338 $11,678 System III. Miscellaneous Tasks $42,503 $42,503 $43,778 $45,091 $46,444 Totals (not to exceed) $119,992 $119,992 $123,592 $127,229 $131,118 $621,923 Assumptions and Basis of Cost The proposed cost shown above would remain the same for the first 2 years with a slight 3% increase for the years 3, 4 and 5. The estimated costs are based on the following assumptions and limitations:  Cost does not include replacement of a major components of the system, if necessary. Montrose will provide the City with an estimate cost on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment prior to implementation. DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 132 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication)  Montrose evaluated the carbon usage based on the site’s recent history and has estimated that the carbon will need to be replaced approximately once a year to remain in compliance with the SCAQM compliance plan. The cost of one carbon replacement per year is included in the proposal. If any additional carbon replacements are necessary Montrose will provide the City with a cost estimate on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment and material. If a carbon changeout is not required throughout the year, the carbon changeout will not be billed on the quarterly invoices.  Montrose has included the cost to pump out the 600-gallon condensate tank three times throughout the year. The number of times this condensate tank may be needed to be pumped out varies due to weather and subsurface conditions. If any additional condensate removal events are necessary, Montrose will provide the City with a cost estimate on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment and material. If a condensate removal event is not required throughout the year, the condensate removal event will not be billed on the quarterly invoices.  Montrose has provided 12 hours of project manager’s time for “as-needed consulting” per month. Any additional time for document review, site visit, meetings, requested and approved by the City on as-needed basis, will be billed at our current rates (attached).  The work will be performed in OSHA Level D protection (including hard hat and safety vest).  At no time shall the title to hazardous substances, solid wastes, petroleum contaminated, or the other regulated substances pass to Montrose, nor shall any provisions of this Agreement be interpreted to obligate Montrose to assume status of a “generator,” “transporter,” “operator,” or “treatment, storage, or disposal facility” under state or federal law. DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 133 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit C Insurance Requirements and Verifications Professional Services Agreement Insurance Requirements – With Professional Liability Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope/Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non- owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). 4. Professional Liability: Insurance appropriate to the Consultant’s profession with a limit of not less than $1,000,000 each claim/$2,000,000 in the annual aggregate (see footnote #2). 5. Pollution Legal Liability: Contractor shall maintain Pollution Legal Liability Insurance with a limit of not less than $1 million each occurrence or claim and a $2 million annual aggregate. If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 134 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 1. The policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage: (CGL, Auto, and Professional Liability): For any claims related to this contract, the Consultant’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation (all policies): Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Claims Made Policies DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 135 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) 1. If the Professional Liability policy provides “claims made” coverage: a. The Retroactive Date must be shown, and must be before the date of this Agreement or the start of work. b. The insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of work. c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work. Verification of Coverage Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. Failure to Maintain Insurance Coverage If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager. Footnotes DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 136 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) #1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form. #2: Professional Liability insurance is required if the Consultant is providing a professional service regulated by the State (e.g., insurance agents, doctors, lawyers, architects, engineers, certified public accountants, etc.). However, some Consultants, such as software designers, claims administrators, or human resources professionals, should also carry Professional Liability insurance. Contact Risk Management for guidance. DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 5.G.b Packet Pg. 137 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Montrose Environmental 1631 East Saint Andrews Plaza Santa Ana, CA 92705 t 714.919.6500 June 15, 2022 James Velez-Conway Senior Sustainability Analyst City of Santa Monica 2500 Michigan Ave, Bldg. 4 Santa Monica, CA 90404 RE: Proposal for New LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard 2500 Michigan Avenue, Santa Monica, California Dear Mr. Velez-Conway, Montrose Environmental Solutions (Montrose) is pleased to submit this proposal for recommended upgrades to the landfill gas (LFG) control and treatment system for the City of Santa Monica landfill site located at 2500 Michigan Avenue within the City of Santa Monica. This proposal has been prepared to estimate the permitting, preparation, installation, repair, replacement, and related reporting costs for needed upgrades at the site to ensure proper system operation and prevent future compliance issues. The bulk of these costs are related to the installation of two new dual-completion vertical landfill gas extraction well (LFG-11 and LFG-12). The installation these new LFG extraction wells has been determined to be necessary to control the elevated methane that has been detected in the planter boxes in the central parking lot area and also at probes PP-14 and PP-5R (see attached map). Currently the landfill is out-of-compliance due to the methane concentration at PP-14. LFG Extraction Wells Installation Prior to field activities engineered plans showing the LFG extraction well, horizontal trench, and lateral piping connection to the existing LFG header will be submitted to the Santa Monica Department of Public Works (SMDPW) for approval. An application to modify the number of vertical LFG extraction wells listed on the Permit To Operate F59249 will also be submitted to the South Coast Air Quality Management District (SCAQMD) along with these plans. 5.G.c Packet Pg. 138 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022 2500 Michigan Ave, Santa Monica Page 2 An engineer will also perform calculations to determine the friction loss of the LFG piping at the site to ensure that the new wells will receive proper vacuum. This will also help to determine the adequacy of the current equipment and piping to handle the current and additional LFG flow. Two weeks prior to scheduling field activities, the proposed locations will be marked with white paint and Underground Service Alert (USA) will be notified to check for underground utilities in the vicinity of the proposed excavation and drilling locations. Due to the knowledge of subsurface utilities in the proposed area of drilling and trenching, a geophysical survey may not be required. However, if it is requested it can be added to the proposal and would utilize electromagnetic and ground penetrating radar to locate the underground utility lines and identify subsurface features and structures. A Site Specific Health & Safety Plan covering the drilling, excavation, and piping activities will be prepared. The Enforcement Agent (LEA) from the LACDPH and the City of Santa Monica will be notified prior to commencing any field activities. The LEA may require that the Workplan detailing the installation activities be submitted for review and approval, prior to scheduling field work. Each day, before commencing field activities, a daily “tailgate” health and safety meeting will be held with Montrose personnel and contracted employees. The work area(s) will be clearly demarcated using caution tape, orange cones, and other safety barriers. If it is necessary to leave any open borings or trenches overnight, the areas will be covered securely with steel plates or similar. A C-57 drilling contractor will be retained to provide soil boring and well installation services using a CME-85 or CME-95 hollow stem auger drill rig. Prior to drilling a hand auger will be used to clear the borehole location down five feet to ensure there are no signs of utilities. The drilling augers will then be advanced and subsurface soil and waste materials logged every five feet by a Geologist in Training under the oversight of a Professional Geologist to the total depth of the boring. Each well will have screens installed between approximately 25 to 40 feet deep (the deep zone) and between 8 to 12 feet deep (the shallow zone). However, these zones may be modified slightly due to the subsurface conditions encountered. The well screens should ideally be placed in a zone of sandy fill or more permeable waste and not in a zone of ash or clayey fill, which is less permeable. The proposed LFG extraction wells will be constructed similar to the example Landfill Gas Extraction Well, which is attached to this proposal as Figure 2. 5.G.c Packet Pg. 139 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022 2500 Michigan Ave, Santa Monica Page 3 The trenching to connect the well LFG-11 to the existing header near well LFG-9 is conservatively estimated to be approximately 150 feet long (Figure 1). This will be in an area of traffic, so traffic rated trench plates and coordination with the site will be required. The well and trench area will be marked off with Caution Tape and Orange Cones or similar Safety Supplies. The well should be installed in one day and the trenching contractors are expected to take approximately 9 days to excavate from the well head to the header, lay the pipe, and backfill and repave the trench. The trench to connect well LFG-12 to the existing header is approximately 40 feet long and should take 3 days to excavate, lay the pipe, and backfill. This well and trench are located in the “Hanson Yard” construction area, which will be paved in future. Traffic rated metal plates will be laid across the trench after it is backfilled. Soil and waste cuttings generated during the vertical well installations will be contained in DOT- approved 55-gallon steel drums. The soil drums will be appropriately labeled and stored in a pre-selected designated location at the Santa Monica City Yard Site pending profiling results. A composite sample will be collected for each well boring and analyzed by a State-Certified analytical laboratory for hazardous contaminants to determine the appropriate handling and disposal. Once profiled, the soil drums will be picked up by a licensed transporter and taken to a certified disposal/recycling facility under manifest. The waste management cost estimate includes the cost to transport and dispose of non-hazardous waste. It is anticipated that the soils cuttings from the borings and the decontamination waste water from the well installations will be non-hazardous. It is also expected that the surface fill soils excavated from the trenching, will be reused to backfill the trench and will not require transport offsite. Montrose will prepare a final report describing the installation activities and including the well and trench construction details, the subsurface lithology encountered, the lab data, the Health & Safety monitoring data, the permits obtained, and all other documents related to the well installation. The costs to complete the installation work with prevailing wage are outlined in the following table. The estimate below includes all taxes and markup. The subcontractor quotes for the well installation, trench and piping installation, laboratory analysis, and drum disposal, are available upon request. 5.G.c Packet Pg. 140 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022 2500 Michigan Ave, Santa Monica Page 4 TASKS COST 1 – Install vertical LFG-12 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report $67,000 2 – Install vertical LFG-11 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report $120,00 10% Contingency for unexpected delays, geophysical survey, fuel & parts price increases $18,700 Total Cost: $205,700 New Blower and Motor Installation The current 20 hp blower and motor that provide vacuum to the LFG extraction wells are over 20 years old. The “backup” blower is also over 20 years old and had parts removed to support the operating blower. If the active blower were to have mechanical issues, the parts would be very hard to obtain due to its age and the landfill would be left without any LFG control capability. Therefore, Montrose highly recommends installing a new 20 hp blower and motor and making the current operating blower the “backup” blower. The new blower will also be able to provide greater vacuum to the expanded LFG control system, which will help provide greater control of the landfill gas at the site. The costs to transport and install the blower and hook it up to the existing piping and electrical systems including prevailing wage are included in the following table. The estimate below includes all taxes and markup. TASK COST 3 – Install 20 hp blower & motor including obtaining permits, labor, travel, all materials and equipment. $50,000 Rewire LFG System Control Panel to Improve Functionality & Restore Remote Notification Due to the age of the control panel, some of the functionality has been lost. There used to be an alarm “Call out system” in the past, but currently there is no functioning notification system to alert Montrose or the City of problems at the site. If there is a power out, or the compressor shuts down, or a condensate tank overflows, etc. it may be up to 7 days before Montrose returns to the site and discovers the problem during the bi-weekly inspections. Montrose obtained a quote from Bravi Electric to install a new call-out Alarm system, upgrade the control 5.G.c Packet Pg. 141 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022 2500 Michigan Ave, Santa Monica Page 5 panel, add a high liquid level sensor to the entrainment tank, and add emergency shut offs to prevent the condensate tank from overflowing. The cost including prevailing wage, permitting, taxes and markup are listed below. TASK COST 4 – Install a new Alarm Call Out system, upgrade control panel and run new conduit and wires, install float sensor on entrainment tank and wire high level sensors to control panel. Includes obtaining permits, labor, travel, all materials and equipment. $40,000 Raise Probes and Header Access Vault in Hanson Yard Construction Area Due to increased grades in the Hanson Yard construction area, probe clusters PP-14 and PP-5R will need to have the casings extended on 6 probes and the protective boxes dug out and raised for future accessibility. The protective box on the header access vault will also need to be raised. The cost below includes the materials, labor, taxes and markup. TASKS COST 5 – Raise probes PP-5R, PP-14 and header access vault for accessibility $4,300 The Not-To-Exceed cost for these five tasks is $300,000. Montrose appreciates the opportunity to be of service. If you have any questions or require additional information, please do not hesitate to call us at (714) 919-6530. Respectfully submitted, Kris Kern Margaret Patrick Project Geologist, G.I.T. Project Manager, P.G. Attachments: Figure 1 – Aerial Photo with Approximate Proposed Well & Trench locations Example of Dual Nested Landfill Gas Extraction Wells 5.G.c Packet Pg. 142 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) 5.G.c Packet Pg. 143 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First WELL CONSTRUCTION DETAILS WELL NUMBER:Proposed LFG-11 and LFG-12 WELL TYPE:Dual Nested Landfill Gas Extraction Well LID ELEVATION (NGVD29): CASING ELEVATION (NGVD29): Large Traffic Rated Well Box DRILLING SUMMARY Ground Surface INSTALLATION DATE:TBA Concrete DRILLING COMPANY: TBA Well Heads 3 feet 3 feet DRILLING RIG TYPE: Hollow Stem Auger Clean Soil/Native + 5% bentonite 4 feet 4 feet TOTAL DEPTH DRILLED: 6 feet 6 feet Transition (#3 Sand or clean soil) 7 feet Blank Casing Top of Screen 8 feet CONSTRUCTION DETAILS BOREHOLE DIAMETER: ~18 inches 1/4 inch pea gravel filter pack Shallow Deep 0.10 inch V-wire Screen TOTAL WELL DEPTH: ~12 feet ~35 to 40 feet BLANK CASING TYPE: Bottom of shallow well screen 12 feet Shallow Deep 13 feet 13 feet BLANK CASING DIAMETER: 2-inch 6" screen 17 feet Shallow Deep Clean Soil/Native + 5% bentonite 19 feet TOTAL BLANK CASING LENGTH: 8 ft. 25 ft. Bentonite Seal 22 feet SCREEN TYPE: Sch 80, V-wire screen Transition (#3 Sand or clean soil) 23 feet Shallow Deep 25 feet SCREEN SLOT SIZE: 0.10 inch 0.20 inch Top of Screen Shallow Deep SCREEN LENGTH: ~ 4 feet ~ 15 feet SUMP LENGTH: 0.20 inch V-wire Screen PROTECTIVE CASING STICKUP: 3/4 inch washed gravel filter pack Annulus Backfill MATERIAL: SEAL MATERIAL Medium Bentonite Chips Shallow Deep FILTER PACK MATERIAL: 1/4 pea gravel 3/4 inch gravel COMMENTS: ~40 feet ~ 41 feet Sch 80 PVC ~18-inch minimum borehole Clean Soil/Native compacted in 2 foot lifts ~35 to 41 feet Clean soil/Native mixed with 5% bentonite; compacted soil backfilled in 2 foot lifts * Drawing Not to Scale Total Depth of Boring Flush Threaded End Cap Bentonite Seal -- No Sump 1-inch berm to prevent flooding 5.G.c Packet Pg. 144 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) 19 CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 5.G.d Packet Pg. 145 Attachment: ES Engineering Oaks Initiative Form MEG2-signed [Revision 1] (5159 : Montrose Environmental First Modication) 20 CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12- month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ ES Engineering Services, LLC dba Montrose Environmental Solutions Vijay Manthripragada - President Jose Revuelta and Joshua LeMaire - Vice Presidents Allan Dicks - Treasurer Nasym Afsari - Secretary ES Engineering Services, LLC is 100% wholly owned by Montrose Environmental Solutions, Inc. which is 100% owned by Montrose Environmental Group, Inc.. There are no persons who own more than 10% of the ultimate parent company. Nasym Afsari Secretary nafsari@montrose-env.com 949.988.3500 6/8/22 5.G.d Packet Pg. 146 Attachment: ES Engineering Oaks Initiative Form MEG2-signed [Revision 1] (5159 : Montrose Environmental First Modication)