HomeMy WebLinkAbout1995-023
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RESOLUTION NO. 95-23
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CLAYTON ENVIRONMENTAL CONSULTANTS,
3 INC. RELATING TO PROFESSIONAL ENVIRONMENTAL SERVICES FOR PHASE II
OF NORTON IMPROVEMENTS, INSTALLATION OF A 20-INCH WATER MAIN AND
4 UPGRADING OF BOOSTER STATION.
5 BE IT RESOLVED BY THE MAYOR AND COMI.10N COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor 'of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with Clayton Environmental Consultants, Inc.,
relating to the provision of site Health and Safety Officer
services to implement the Health and Safety Plan for Phase II
improvements, installation of a 20-inch water main and upgrading
booster station on Norton, A.F.B., a copy of which agreement is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
'Che agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to f>xecute the above-.
referenced agref>ment is rescinded if the parties to the agref>ment
it within ninety (90) days of the passage of this
95-23
RESO:
AUTHORIZING EXECUTION OF
ENVIRONMENTAL CONSULTANTS,
PHASE II, NORTON A.F.B.
AGREEMENT . WITH
INC.--PRPVISLON OF
CLAYTON
HSO FOR
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
Bernardino adjourned meeting thereof, held the
3 at a TPqnl;'llT on
4 23rd day of January
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
, 1995, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
AYES
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x
x
x
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x
R~~k,C~~k
The foregoing resolution is hereby approved this ~~
January
, 1995.
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Valerie Pope-Ludlam
City of an
Approved as to form
and legal content:
James F. Penman
City Attorney
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Res 95-23 ORIGINAL
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,.,I;';':,
AGREEMENT FOR PROFESSIONAL SERVICES
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. This AGREEMENT is
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BERNARDINO, Ca~\fornia,
to as the "CITY" and
California corporation,
CONSULTANT" .
made and entered into this -~ \ St:.... day of
, 1995, by and between the CITY OF SAN
a municipal corporation, hereinafter referred
CLAYTON ENVIRONMENTAL CONSULTANTS. INC., a
hereinafter referred to as "ENVIRONMENTAL
WIT N E SSE T H
WHEREAS, City desires to obtain professional services to
implement the Health & Safety Plan, as specified in the "SCOPE OF
SERVICES", Exhibit 1, for Environmental Monitoring for the Construction
of improvements under Phase II, installation of water main and
upgrading booster station on Former Norton Air Force Base.
WHEREAS, in order to implement the Health & Safety Plan it is
necessary to retain the professional services of a qualified Environ-
mental Consultant; and
WHEREAS, Environmental Consultant is qualified to provide said
professional services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Environmental Consultant upon the terms and conditions as
hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Environmental Consultant shall perform those services specified
in "Scope of Services", and as contained in the proposal dated
12-5-94 , a copy of which is attached hereto as Exhibit "1" and
incorporated as though set forth in full.
Environmental Consultant shall provide one or more qualified
Industrial Hygienists and exposure monitoring equipment as directed.
The Environmental Consultant will be compensated as follows:
1)
2)
Industrial Hygienists
OVA, OzlCG/CO Meter 2 Hazmat Kit
$60.00/hour
$12.50jhour
2. TERM OF AGREEMENT
The services of Environmental Consultant are to commence within
seven (7) days after the city has authorized work to start by issuance
of a Notice to Proceed. The scheduled completion dates specifically
set forth in Exhibit "2", attached hereto, and incorporated herein as
though set forth in full, will be adjusted by Environmental Consultant-
ant as the City authorizes the work. Such adjustments shall require
City approval prior to commencement of performance of each phase. This
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Agreement shall expire as specified by the Exhibit "2" schedule unless
extended by written agreement of the parties.
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3. STANDARD OF PERFORMANCE
Environmental Consultant shall complete all work product and
design in conformance with California's Standard Specifications and
Standard Drawings, and the Health & Safety Plan.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Servic-
es", is made an obligation of Environmental Consultant under this
Agreement, subject to any changes made subsequently upon mutual
agreement of the parties. All such changes shall be incorporated by
written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Environmental Consultant for
the change in scope. Any change which has not been so incorporated
shall not be binding on either party.
B. No extra services shall be rendered by Environmental
Consultant under this Agreement unless such extra services are autho-
rized, in writing, by city prior to performance of such work.
Authorized extra services shall be invoiced based on the schedule of
rates as incorporated in Exhibit 2.
5. COMPENSATION
A. The city shall reimburse the Environmental Consultant for
actual costs (including labor costs, employee benefits, overhead,
profit, other direct and indirect costs) incurred by the Environmental
Consultant in performance of the work, in an amount not to exceed
$55.500.00.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Environmental Consultant before commence-
ment of performance of such significant alteration by Environmental
Consultant.
Any adjustment of the total cost of services will only be
permitted when the Environmental Consultant establishes and city has
agreed, in writing, that there has been, or is to be, a significant
change in:
1. Scope, complexity, or character of the services to be
performed;
2. Condi tions under which the work is required to be performed;
and
3. Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
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C. The Environmental Consultant is required to comply with all
Federal, state, and local laws and ordinances applicable to the work.
The Environmental Consultant is required to comply with prevailing wage
rates in accordance with California Labor Code section 1775.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Environmental Consultant to
city and shall be paid by city within twenty (20) days after receipt of
same, excepting any amounts disputed by City. Dispute over any
invoiced amount shall be noticed to the Environmental Consultant within
ten (10) days of billing and a meet and confer meeting for purposes of
resolution of such dispute shall be initiated by the City within ten
(10) days of notice of such dispute. Interest of 1-1/2 percent per
month (but not exceeding the maximum rate allowable by law) will be
payable on any amounts not in dispute and not paid within thirty (30)
days of the billing date, payment thereafter to be applied first to
accrued interest and then to the principal unpaid amount. On disputed
amounts, interest shall accrue from thirty (30) days of the invoice
date if the amount in dispute is resolved in favor of the Environmental
Consultant. All tasks as specified in Exhibit "1" shall be completed
prior to final payment.
B. section 9-10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes shall
be resolved by agreement of the parties, or upon the failure of such
agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall
have the right of general supervision over all work performed by
Environmental Consultant and shall be City's agent with respect to
obtaining Environmental Consultant's compliance hereunder. No payment
for any services rendered under this Agreement shall be made without
prior approval of the Director of Public Works or his designee.
B. The Office of Traffic Safety, the National Highway Traffic
Administration, the Federal Highway Administration and the Administra-
tor may review and inspect the Environmental Consultant's activities
during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Environmental Consultant hereby certifies that it will not
discriminate against any employee or applicant for employment because
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of race, color, religion, sex, marital status or national origin.
Environmental Consultant shall promote affirmative action in its hiring
practices and employee policies for minorities and other designated
classes in accordance with federal, state and local laws. Such action
shall include, but not be limited to, the following: recruitment and
recrui tment advertising, employment, upgrading, and promotion. In
addition, Environmental Consultant shall not exclude from participation
under this Agreement any employee or applicant for employment on the
basis of age, handicap or religion in compliance with state and Federal
laws.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure giving rise to such
notice. In the event of termination of this Agreement, city shall
within thirty (30) days pay Environmental Consultant for all the fees,
charges and services performed to city's satisfaction by Environmental
Consultant, which finding of satisfaction shall not be unreasonably
withheld. Environmental Consultant hereby covenants and agrees that
upon termination of this Agreement for any reason, Environmental
Consultant will preserve and make immediately available to city, or its
designated representatives, maps, notes, correspondence, or records
related to work paid for by the City and required for its timely
completion, and to fully cooperate with City so that the work to be
accomplished under this Agreement may continue within forty-five (45)
days of termination. Any subsequent use of such incomplete documents
shall be at the sole risk of the City and the city agrees to hold
harmless and indemnify Environmental Consultant from any claims,
losses, costs, including Attorney's fees, and liability arising out of
such use. Environmental Consultant shall be compensated for such
services in accordance with Exhibit "l".
B. This agreement may be terminated for the convenience of the
city upon thirty (30) days written notice to Environmental Consultant.
Upon such notice, Environmental Consultant shall provide work product
to City and City shall compensate Environmental Consultant in the
manner set forth above.
C. Following the effective date of termination of
Agreement pursuant to this section, the Agreement shall continue
all obligations arising from such termination are satisfied.
this
until
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Environmental Consultant, Environ-
mental Consultant fails to meet any of its obligations under this
Agreement, and such failure shall not constitute a default in perfor-
mance, and the City may grant to Environmental Consultant such
extensions of time and make other arrangements or additions, excepting
any increase in payment, as may be reasonable under the circumstances.
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Increases in payment shall be made only under the "changes" provision
of this Agreement. Environmental Consultant shall notify City within
three (3) days in writing when it becomes aware of any event or
circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Environmental Consultant shall act as an independent contractor
in the performance of the services provided for under this Agreement.
Environmental Consultant shall furnish such services in its own manner
and in no respect shall it be considered an agent or employee of City.
12. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Environmental Consultant without the written consent of City. Any
attempt by Environmental Consultant to assign or subcontract any
performance of this Agreement without the written consent of the City
shall be null and void and shall constitute a breach of this Agreement.
13. NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Environmental
Consultant and City:
ENVIRONMENTAL CONSULTANT
CITY
Clayton Environmental Services
5785 Corporate Avenue, Suite 150
Cypress, CA 90630-4733
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Environmental Consultant may reasonably rely upon the
accuracy of data provided through the city or its agents without
independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written agree-
ment of City and Environmental Consultant.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Environmental
Consultant except where by law, precedent, or agreement these documents
become public property. All such documents or records shall be made
accessible to city. Environmental Consultant shall maintain all
records for inspection by the City, State, or their duly authorized
representatives for a period of three (3) years after final payment.
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Environmental Consultant shall sign all estimates and engineering data
furnished.
D. Upon completion of all work under this Agreement, Environ-
mental Consultant will transfer ownership and title to City of all
programs, reports, documents, plans and specifications.
15. COVENANT AGAINST CONTINGENT FEE
Environmental Consultant warrants that no person or selling
agency has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by
the Environmental Consultant for the purpose of securing business. For
breach or violation of this warranty, city shall have the right to
terminate this Agreement in accordance with the clause permitting
termination for cause and, at its sole discretion, to deduct from the
Agreement price or consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage or contingent fee.
16. HOLD HARMLESS CAUSE
A. Environmental Consultant hereby agrees to hold City, its
elective and appointive boards, officers, and employees, harmless from
any liability for damage or claims for damage for personal injury
including death, as well as from claims for property damage, which may
arise from Environmental Consultant's negligent acts, errors or
omissions under this Agreement.
B. Environmental Consultant shall indemnify, defend and hold
free and harmless the City, its officers and its employees from all
claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees imposed upon them for any alleged infringe-
ment of patent rights or copyrights of any person or persons in
consequence of the use by City, its officers, employees, agents and
other duly authorized representatives, of programs or processes
supplied to city by Environmental Consultant under this Agreement.
17. INDEMNITY
Environmental Consultant shall indemnify, defend and hold
harmless City from and against any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities, of, by, or
with respect to third parties, which arise solely from Environmental
Consultant's negligent performance of services under this Agreement.
Environmental Consultant shall not be responsible for, and city shall
indemnify, defend and hold harmless Environmental Consultant from and
against, any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise solely from the City's negligence. with
respect to any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
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(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise from the joint or concurrent negligence of
Environmental Consultant and City, each party shall assume responsibil-
ity in proportion to the degree of its respective fault.
18. LIABILITY/INSURANCE
A. The City will require the Environmental Consultant to
provide Workers' Compensation insurance in accordance with California
law and provide comprehensive general liability insurance, including
completed operations and contractual liability, with coverage in the
amount of at least $1,000,000; and, such insurance will include the
City, the Environmental Consultant, their consultants, and each of
their officers, agents and employees as additional insureds.
B. Environmental Consultant shall provide evidence of insurance
in the form of a policy of insurance, in which the City is named as an
additional named insured to the extent of the coverage required by this
Agreement.
19. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
20. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and contemporaneous
negotiations, representations, understandings and agreements, whether
written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both
parties.
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lles-95-23
AGREEMENT FOR: Environmental Monitoring for Phase II Construction
Project on the Former Norton Air Force Base with
Clayton Environmental consultants, Incorporated
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized
officers on their behalf.
CITY OF SAN BERNARDINO,
By:
Valerie Pope
Mayor Pro Tem
ATTEST:
CLAYTON ENVIRONMENTAL
CONSULTANTS, INC.
BY: ~ <ve..../u.}.. U~-<-Iu
RAC EL CLARK, city Clerk
By: ~~C./ //
MANAGER, Industrial Hygiene
Service
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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,.. Pacific Operations
5785 Corporate Avenue
Suite 150
Cypress. CA 90630...F33
(714-1 229..4-806
Fax 1714) 229-4805
Clayton
ENVIRONMENTAL
CONSULTANTS
December 5, 1994
REC'O DEe 071994 '1.',jp /7m
Mr. Alex Estrada
INLAND V ALLEY DEVELOPMENT AGENCY
201 North "Eft Street, Suite 203
San Bernardino, CA 92401-1507
Clayton Proposal No. 94-PIH-4316
Dear Mr. Estrada
Clayton Environmental Consultants, Inc. is pleased to submit this proposal to provide site
Health and Safety Officer (HSO) services to the Inland Valley Development Agency
(IVDA) during the installation of a domestic water transmission system and a golf course
irrigation water transmission system at the Norton Air Force Base. This proposal is
based on the IVDA's request for proposal Clayton received from Tom Dodson &
Associates on December 2, 1994. Clayton is not a minority- or women-owned business.
SCOPE OF WORK
Clayton proposes to provide one or more qualified Industrial Hygienists, exposure
monitoring equipment, and personal protective equipment to fulfill the HSO
responsibilities established in the Health and Safety Plan (HASP) for the subject project.
Clayton understands that one HSO will be needed during the disturbance of new ground,
and that two HSOs may be needed on occasions when there are excavations in different
locations. Clayton will only provide the number of HSOs authorized by the City of San
Bernardino's Site Supervisor. HSOs will check in with the Site Supervisor when arriving
at or leaving the site. HSOs will maintain the following properly serviced and
functioning air monitoring equipment onsite at all times per the HASP:
· Organic Vapor Analyzer (OVA)
· Oxygen/Combustible Gas/Carbon Monoxide Meter (~/CG/CO Meter)
· Drager'" HAZMAT Kit
EXHIBIT 1
Claylon Environmental Consultanls, Ine Delroit. New York/Newark . Atl.mta . San Francisco . Los Angeles
Honolulu . Wind!tOr, ON . Toronto . Birmlngnam. UX . london. LlK. . Southamplon. U.K. Cdt~head. U.K,
95-:},~\
Clayton
E,'IlVIIlONMtNTAL
CONSULTA....TS
Mr. Alex Estrada
Inland Valley Development Agency
December 5, 1994
Page 2
Clayton Proposal No. 94-PIH-43l6
HSOs will maintain a daily log of monitoring activities, including the location and type
of monitoring performed, and the results. Clayton will provide copies of the logs to the
Site Supervisor on a weekly basis, and copies of equipment servicing records to the Site
Supervisor within one week of such servicing.
PROJECT PERSONNEL
Mr. Michael Cleveland, Manager of Environmental Health Services for Clayton's Los
Angeles office, will be Project Manager for the proposed services. Mr. Cleveland is a
Certified Industrial Hygienist with over 10 years of experience in providing industrial
hygiene and safety services. He has developed site health and safety plans, and acted as
site health and safety officer for numerous hazardous waste investigation and remediation
projects. Mr. Cleveland has also conducted numerous hazardous waste operations
training courses in accordance with the requirements of 8 CCR 5192.
The HSO services will be provided by Mr. Cleveland or the following Clayton Industrial
Hygienists:
· Ms. Linda Cassidy
· Mr. Michael Cleveland
· Mr. Don Molina
· Dr. John McNary
· Ms. Kathy Norton
All of the above individuals work out of Clayton's Los Angeles area office. The resumes
and hazardous waste operations training certificates for all of the above individuals are
provided in Attachments A and B, respectively.
SCHEDULE
Clayton can provide the proposed HSO services within five days after the IVDA's
authorization to proceed. In the event of an emergency, Clayton can supply additional
equipment and manpower within four hours after notification.
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Clayton will provide the proposed HSO services according to the following schedule:
..
Clayton
E.'~VIIlO/llMf.;'IIT"l
CONSULT....~TS
Mr. Alex Estrada
Inland Valley Development Agency
December 5, 1994
Page 3
Clayton Proposal No. 94-PIH-43l6
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HSO
OVA, OICG/CO Meter, and Drager'" HAZMAT Kit
$60.00/hour
.
$12.50/hour
The above fees include maintaining the equipment in proper working order, out-of-pocket
expenses (travel, incidentals) incurred during the performance of work, personal
protective equipment, logs, and other direct costs. The HSO rate is applicable to
working conditions that involve a substantial amount of hazardous or contaminated
materials.
TERMS AND CONDmONS
Enclosed is a copy of our terms and conditions which are incorporated into this proposal
as if set forth herein in full. To accept this proposal, please sign below and return a
copy to this office for our records.
We look forward to working with you on this assignment. Please call me at
(714) 229-4806 should you have any questions concerning this proposal.
Sincerely,
7'L .~ J h
~
Michael S. Cleveland, CIH
Manager, Industrial Hygiene Services
MSC/dw
TITLE:
William L. Bopf
Executive Direc
Attachments
ACCEPTED BY:
COMPANY:
Inland Valley Development A~encv
DATE:
December 21. 1994
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Clayton
!:"vIRON,\lE.....,TAl
(ONSUlP...TS
CLAYTON ENVIRONMENTAL CONSULTANTS, INC.
CONSULTING SERVICES
TERMS AND CONDITIONS
Th.... Terms and Conditions govern the wori: to be perfonned by Clayton Environmental Consultants, ""'.
("Clayton''). u specified in the proposal or agreement (the "Companion Documerlla") prepared by Clayton of
which these Terms and Conditions ore a pan. By accepIing the Companion Documerus or authorizing or
accepting any portion of the work done or to be done by Clayton u specifted in the Companion Documents, the
client ("Client") shall be deemed to have accepted th.... Terms and Conditions u if fully set forth in any of the
Companion DocumenlS.
....
I . Client Infonnation Client shall provide Clayton wi<h all infonnation required to enable Clayton to
perform ilS services. and Client warranlS to Clayton. <hll if itlmows or has reason to suspect thll
hazardous materials or conditions may exist II any site to be surveyed by Clayton. or where worIc is to be
done ("Site"). it will inform Clayton in writing. Clayton shall not be liable for any incorrect advice,
judgment. recommendation. fmding. decision or conduct based upon any inaccurate or incomplete
information supplied by Client.
2. Perlonnance Clayton shall use commercially reasonable best effotU in performing services under lb....
Terms and Conditions. and <he Companion DocumenlS ("Agreement"). Clayton shall not be responsible
for failure to perform ilS services if i) there is a failure or delay by Client or irs conlractors in providing
Clayton wi<h the necessary access to properties. documentation. infonnation. or materials; ii) Clients or
irs conlrlCtors fail to approve or disapprove Clayton's work; or iii) if Client ClUSes delays in any way
wharsoever. In any of <hese events, Clayton's time for completion of ilS service shall be extended
accordingly.
Clayton shall not be responsible for failure to perform if such failure is due to any act of God, labor
trouble, file. inclement weather. act of governmental authority. failure of Iransponation. accident. power
failure or intenuption. or any other cause, reasonably beyond Clayton's control. In any of th.... evenlS,
C1ayton's time for completion of irs services shall be extended accordingly.
At the sole discretion of Clayton. all samples obtained by Clayton under this Agreement may be discarded
30 clays after analyses, or returned by Clayton to the Client. unless otherwise mutually agreed in writiog.
3. C:omnliance With l..aw~ Clayton shall use commercially reasonable best efforts to comply wilh an
federal. state and local Slabltes. codes. laws and administtative regulations. including but not limited to
those related to environmenw. file. safety and heal<h matten. which are applicable to <he performance of
its consulting services under this Agreement. but shall not be liable to Client for failure to so comply
unless such non-compliance is due to the negligence of Clayton.
4. Saferv' Remnn~ihilities H Clayton provides a safety and health officer at the Site where the work. is to be
done, Clayton shaI1 be authorized to take any and all measures on behalf of Client. <hll in Clayton's
opinion. will maintain generally accepted heal<h and safety standards for personnel II <he Site. Clayton
will advise Client regarding deficiencies with respect to specifICatiOns and applicable regulations, but
Clayton is not responsible for the failure of Client or irs agenlS to follow <he recommendations of Clayton
personnel. Client waives any claim against Clayton for. and agrees to defend, indemnify and hold Clayton
harmless from any claim for liability, for injury, or loss to Client. or others. in connection with such
measures, except to the extent such loss results from Clayton's negligence.
In the event that any of Clayton's activities hereunder are It the Site., Client willasswne sole and complete
responsibility for lbe Site. including safety of all persons and property. and Cunher agrees to defend,
indemnify and hold Clayton harmless from any and all liability, including to third parties, in connection
with the project conducted at the Site, except to the extent such liability arises from the negligence of
Clayton.
COllSulting Terms & Conditions (2194)
,)./.: ",,,~
Clayton
ENVIRQNME\;TAl
CON5UlTA~T5
S. Si... Conditions. It is _tood and agreed tI1I1 (i) Clayton is not. and has no responsibility IS an owner.
a bandler. eenerllor. operllOr. rreater. storer, transporter or disposer of hazardous or IOxic substances
folllld or identified at the Si...; and (ill Client sIWl undertake 10 lIIT3Ilee for the handline, removal,
treatment. storage. InnsportaliOJl, and disposal of hazardous substances or constill1enlS found or identified
It the Sileo Notwithstanding the above. in the course of performine services UIIder this Agreement, should
Clayton. It the request of Client, eJect to mange for the disposal of waste, hazardous or not. Client shall
defend, indemnify. release and hold Clayton hlnnless from any loss. damage or expense resulting from
saiclactiviEy. It is agreed tI1I1 this indemnification covers all costs associated with any obligation 10
....... remediate or contain my hazardous .,. nonhazardous waste UIIder any Federal or State, or Superfund
law (or Provincial law) in addition 10 monetary damages.
Client lDlderstands and acknowledges tI1I1 (i) Client may be IOquesting Clayton 10 undertake services or
work for the benefit of Client involving the presence or potential presence of hazardous substances and
(ii) Clayton may be exposed 10 claims arisine out of. or involving aclUa\, alleged, or d1rearened disclIaree.
disposa1 or release or escape of hazardous or potentially hazardous pollutants including, but not limited 10.
solid, liquid, eueous or thennal irritants or contantinants including smoke. water. vapor. soot. fumes.
acids, aIkalies. chemicals. wastes. and wute materials. and Client _tands and _ tI1I1 Clayton
sIWl only be responsible for losses which directly result from Clayton's ne&ligence. Therefore,
notwithstanding anything 10 the contrary in this Agreement. 10 the fullest extent pennitted by law, Client
hereby agrees 10 defend. indemnify, and hold hann1ess Clayton. its officers. directors and employees from
and against any and all claims. damages, losses, and expenses, including but not limited 10, attorney's fees
and coun and arbitration costs, arising out o~ or in connection with. claims relating 10 these risks which
may resu1t from the services 10 be provided UIIder this Agreement. exceptIO the extent caused by the
ne&ligence of ClaylOn. its officers. direclOrs, and employees.
6. Confidentiality. Clayton shall use commercially reasonable precautions so that access to infonnation
relating 10 its services for Client is limited 10 those persons within its employ for whom it is necessary
and appropri.... for purposes of performing Clayton's services.
7. TnmTllnce. Clayton shall use commercially reasonable best efforts to procure and maintain at its expense.
the following insurance. with the limits of liability as set forth below:
IxIm
(a) Workm's' Cnm1V!nsarinn
LimiII
~ required by Statu....
(b) Emolover', Li.bilirv
SSOO,OOO per occurrence
(or as IOquired by Law)
(c) Commercial General Liabilitv
(Including Contractual Liability)
Sl.OOO.OOO per occurrence
S2,OOO,OOO general aggregate
(d) Automobile Liabilitv
(covering vehicles owned,
hired" rented. or non-owned).
SI,OOO,OOO combined single limits
S3,OOO,OOO each claim
S3,OOO,OOO general aggregate
(e) Con.mltants Environmental Liabilirv
(Professional LiabiliEy and Contractor's
Pollution Legal Liability)
8. W ARRANrY. ClAYI'ON WARRANTS THATTHE SERVICES. FINDINGS, RECOMMENDATIONS
AND,OR ADVICE PROVIDED TO CLIENI'WIU. BE PREPARED, PERFORMED. AND RENDERED IN
AcaJRDANCE wrm PROCEDURES. PROI'OCOlS AND PRACTICES GENERAlLY A<:.'CEFIED IN
ClAYI'ON'S PROFESSION FOR USE IN SIMlLAR.ASSIGNMEN'fS. CLIENI' ACKNOWLEDGES AND
AGREES THAT ClA YI'ONHAS MADE NOarHER 1MPL1ED OR EXPRESSED REPRESENI'ATION.
WARRAN'fY OR CONDmONwrm RESPEC1'TO THE SERVICES. FINDINGS, RECOMMENDATIONS OR
ADVICE TO BE PROVIDED BY ClA YI'ON.
2
Consulting Tenns '" Conditions (2i94)
',,-:: -;;'
Clayton
t;-.VIR()NME,,<rAL
(O",SULTANTS
9. Indemnificalion and LiabililV. Clayton shall indemnify and hold humIes. Client from and against all
loaaa. liabilities. and reasonable co.ts and expenses for property damage and bodily injury (including
reasonable anorney'. f...). to the extent direcdy and proximately wing from Clayton'. negligent
perfonnmce of services or breach of warranty lDlder this Agreement.
The IDtaI and aggregate obligalion of Clayton pumtantto the provisions of this Indenmification and for
any and all liability and any and all damages to Client. or to any other person or entity. wing out of. or
resulting from. this Agreement or the services provided by Clayton. .halI in no event exceed the le.sor of:
i) one-and-half times the value of the Agreement or; ii) $500.000.
Client shall defend. indemnify and hold harmless Clayton. its employ.... directors. and agents, from md
against any and all claims, 10..... liabilities. and reasonable co.ts and expenses (including reasonable
anorney'. fees) that are: i) re!aled to. or caused in my way by. the negligence or willful misconduct of
Client. its employ.... or agents; ii) related to this Agreement or the worll: to be performed by Clayton for
which Clayton is not expressly responsible: or iii) the expressed responsibility of the Client under this
Agreement.
10. PaYment. Clayton .hall invoice Client and Client shall pay to Clayton for its consulting services as
follows:
(a) Fees and all other charges will be billed to Client as provided in the Companion Documents.
(b) Fees ,hall be paid net by Client within 30 day. of being invoiced by Clayton. If the invoice is not
paid within such period. Client shall be liable to Clayton for a late charge acauing from the date of
such invoice to the dale of payment a1 the lower of 18 percent per annum or the maximum rare allowed
by law.
(c) If Client fails to pay any invoice fully within thirty (30) day. after invoice date, Clayton may. at any
time. and without waiving any other rights or claims against Client and wilbout thereby incurring my
liability to Client. elect to terminate performance of services immediately following written notice
from Clayton to Client. Nothwithstanding my such termination of services. Client .halI pay
Clayton for all services rendered by Clayton up to the date of termination of services plus all interest.
termination co.ts and expenses incuned by Clayton. Client shall reimburse Clayton for all co.ts and
expenses of collection. including reasonable attorney's fees.
11. NoneDi!lldosure A2Teement The technical and pricing information contained in any proposal or other
documents suhmiued to Client by Clayton is to be considered confidential and proprietary and shall not be
released or disclo.ed to a third party without Clayton'. written consent.
12. Use of nata Clayton shall not be responsible for any loss. liability. damage. expense or co.t wing
from any use of Clayton's analyses. reports. certifications or advice. which is contrary to. or inconsistent
with, or beyond the provisions and purposes set forth therein or included in these Terms and Conditions.
or in the Companion Documents. Client understands and agrees that Clayton's analyses. repons. and
certifications shall be used solely by the Client.
13. IndlmP.ndent Contractor. In performing its services under this Agreement. Clayton shall be deemed to be
acting as an independent contractor. and it is not m agent. servmt. employee. or representative of ClienL
Clayton shall not be responsible for the activities of any contractors or subcontractors or their employees
or agents at the Sire unl... retained by Clayton (in which event Clayton .hall be responsible solely for
monitoring their performance of the services in accordance with generally accepted practices of Clayton's
profession).
14. A..irnment. There .hall be no as.ignment of the rights or obligalions in this Agreement by either party
without the written consent of the other party and any as.ignment.halI be null and void and shall render
the corresponding duties and obligations of the other party null and void.
3
Consulting Terms & Conditions (2194)
/)r -'? '?
Clayton
ENVIRONMENTAL
CONSULTANTS
1 S. C.n~ of Action If Clienl makes a claim againsl Clayton. for my alleged error. omission. or other acl
arising out of the perfonnance of iu professional services DId to the e>:leIIl dle Oient fails to prove such
claim. !hen the Oient shall pay all cos.. including Ittomey', f_ incurred by Clayton in defmding the
cWm. Any claim brought againsl Clayton shall be brought within one-year of dle work perfonned under
this ApeemmL
16. Waiver. Failure of either party to enforce any of its rights shall nol COIISriDlte a waiver of such rights. If
my provision herein is held invalid or unenfcm:eable, such provision shall thereupon be deemed modified
only to the e>:lenl necessary to render it valid or excluded from this Agreement, u the sill1a1ion may
require. DId this Agreement shall be enforcecl DId consuued a if such provision hu been included herein u
so modified in scope or applicabilily or had nol been included herein. u the cue may be.
17. Termination of AlZl'eemenL NolWilhsrmding any other provisions of this Agreement. either party may
lemIinale this Agreement al any time, in whole or in pan. by providing wrillellllDlK:e of lelIIIinarion to
the other pmy. Excepl u olhe:wise murually agreed by Clayton DId Client. lenDiDalion shall be effective
len (10) days from receipl of dle norice. Oient shall compensate Clayton for worI< perfcmned prior to
lem1inarion. plus all reasonable costs incurred u a resull of lem1inarion. on a rime-Dld-maleriaIs bais in
u:cordance with Clayton's =1 hourly rares. if Oient terminales this Agreement, or if Clayton
lemlinares il for good legal cause.
18. Comnlete A21"eement. These Terms and Conditions and the Companion DocmnenlS consnDlte the full and
complete Agreemenl of the parties and may only be amended. added to. supeneded or waived in a writing
signed by both parties thal specifically slalea that il is an amendmenl of this AgreemenL Reference by
Clayton or Oiml to any purchue or work number or order supplied by Clienl shan be for &<counting
identification purposes only md shall have no other legal effOOL
4
Consulting Tenns '" Conditions (2194)
Clayton
ENVIRONMENTAL
CONSULTANTS
ATTACHMENT A
RESUMES
Clayton
E~VIR(J"'ME..r,"l
co...sur,,,,, .5
Linda S. Cassidy
Project Leader, Environmental Health Services
ProCessional Experience
Ms. Cassidy has more than 7 years of experience as a project manager in the occupational
health and safetyfllldusttial hygiene field and over 5 years of experience in the
environmental field. She assists clients with a wide variety of occupational safety and
health issues. including National Institute for Occupational Safety and Health (NIOSH) and
Occupational Safety and Health (OSHA) compliance audits; indoor air quality assessments;
development and implementation of site health and safety plans for asbestos remediation
projects; asbestos management; safety and health training; and traditional industtial hygiene
surveys.
Recent project experience includes:
. Asbestos Abatement, Major Retail Establishment - Served as principal contact for a
major retail deparunent store client Developed a master asbestos abatement
specification, provided technical consultations. conducted building surveys, provided
training. prepared policies and procedures programs; prepared reports. and established
initial health and safety programs to assist the client in complying with regulations.
. Asbestos Management Program. High Rise Building - Serves as asbestos consultant
for a high rise building. Maintains client's asbestos management program on a
continual basis. Attends construction meetings. documents and maintains project files,
perfonns quarterly air monitoring, and teaches asbestos hazard communication courses.
. Asbestos Management, Various Projects - Contacted various agencies and researched
literature to obtain standards and locate new regulations. Set up regulatory library for
client Trained over 100 workers on proper use of respiratory protection equipment
. Indoor Air Quality - Designed and implemented an indoor air quality survey for a
California university over a four month period. The survey included employee
interviews and questionnaires; building investigations; sampling for bioaerosols,
fonnaldehyde, carbon dioxide. carbon monoxide. respirable dust, settled dust content,
and volatile organic compounds; and monitoring for temperature and relative humidity.
Upon completion of the study, a final evaluation report was developed, which included
data graphs for temperature/relative humidity and carbon dioxide, and plotting of
occupant interview responses related to indoor air quality issues on radar charts for
subsequent comparison to healthy buildings or buildings with no known indoor air
quality problems.
. Traditional Industtial Hygiene - Developed worker exposure sampling plans for
numerous clients. which included the identification of potential health hazards in the
workplace; noting plant processes; collecting infonnation on physical hazards and
chemical substances; observing employees' activities; and surveying existing
engineering controls.
. Hazard Communication - Developed site-specific hazard communication programs for
regulatory compliance with regard to occupational health standards. Conducted onsite
training regarding hazard communication and worker right-to-know standards.
t1.r;'.--- /l ~
. I / c~.'-"
Linda S. Cassidy
Clayton
ENVIRONME....T,~l
CQNSUlUNTS 2
t'age
Employment History
Clayton Environmental Consultants. Inc., Cypress, California
Project Leader, Environmental Health Services
1994 to Present
en. Environmental Services, Harbor City, California
Project Manager, Industrial Hygiene Services
1993 to 1994
Med-Tox Associates, Inc., Anaheim. California
Project Manager, Industrial Hygiene and Occupational Health Services
1987 to 1993
Education
B.S., Health Science, 1987
California State University, Long Beach, California
Professional Registrations/Certifications
AHERA Building Inspector and Management Planner
AHERA Project Designer/Contractor
AHERA Abatement Supervisor Accreditation
Certified Asbestos Consultant, State of California No. 92-0006
Health and Safety Training for Hazardous Waste Workers
Lead Abatement for Supervisors and Contractors, Georgia Institute of Technology
Sampling and Evaluating Airborne Asbestos Dust (NIOSH Course #582)
Affiliations
American Industrial Hygiene Association, Orange County Section
American Public Health Association
(9116"")
-0
C""
05-,'3
Clayton
E:'<VIIl(J....ME~rAL
CO"'SL.,lT...:-.TS
Michael S. Cleveland, cm
Manager, Industrial Hygiene Services, Los Angeles Regional Office
Professional Experience
Mr. Cleveland has over 10 years of experience in providing occupational safety and health
services to public and private sector organizations across the United States. Mr. Cleveland
assists clients with a wide variety of occupational safety and health issues, including
Occupational Safety and Health (OSHA) compliance audits, indoor air quality assessments,
development and implementation of site health and safety plans for hazardous waste
remediation projects, safety and health training, asbestos and lead management, and
traditional industrial hygiene surveys.
Recent project experience includes:
. Petroleum Industry - Conducted comprehensive OSHA compliance audits for 18 oil
and natural gas production facilities. The audits included review of written programs
and records, and inspections of facilities and operations.
. Construction Industry - Health and Safety Officer for an extensive soil gas investigation
that involved drilling at urban sites into soil with substantial quantities of hydrogen
sulfide and methane.
. Public Works - Assisted three major public works organizations in modifying their
confined space entry programs for compliance with the recently promulgated OSHA
confined space standard. Services included evaluation and classification of confined
spaces, identification of entry procedures and equipment, and training of over 225
employees.
. Office Building - Performed indoor air quality assessment for a large administrative
building. The assessment included a walkthrough of the building and its heating,
ventilating, and air-conditioning system to look for sources of contamination or other
causes of poor indoor air quality, and air sampling to measure airborne concentrations
of carbon dioxide, particulates, volatile organic compounds, formaldehyde, and
microorganisms.
. Water Quality Laboratory - Assessed the ventilation systems of a large analytical
laboratory against the recently promulgated ANSI/ AIHA laboratory ventilation
guidelines.
. Airport - Performed survey of five large buildings to assess lead content of paint, and
followup air and wipe sampling to assess occupant exposure to lead.
. Hospital - Supervised staff of industrial hygiene technicians providing oversight and air
monitoring during abatement of asbestos throughout a large hospital over two years.
Employment History
Clayton Environmental Consultants, Inc.
Cypress, California
1993 to Present
.,
() 1)- ,;-::.;;..,.
Michael S. Cleveland
Clayton
ENVIRONMENTAL
CONSU'Fl1'lle 2
Employment History (continued)
Woodward-Clyde Consultants
Santa Ana, California
1991 to 1993
State Compensation Insurance Fund
Costa Mesa. California
1990 to 1991
IV Associates, Inc.
Birmingham, Alabama
1988 to 1990
Eastern Airlines
Miami, Florida
1986 to 1987
Education
M.S.P.H., Industrial Hygiene, 1985
The University of Alabama at Birmingham
B.S., Biology, 1983
Calvin College, Grand Rapids, Michigan
ProCessional Registration/Certification
Certified in the Comprehensive Practice of Industrial Hygiene by the American Board of
Industrial Hygiene (ABIll), Certification No. 4394
OSHA 48-Hour Supervisor for Hazardous Waste Worker
OSHA 8-Hour Underground Safety and Health
Practices and Procedures in Asbestos Control
Sampling and Evaluating Airborne Asbestos Dust (NIOSH Course #582)
Affiliations
American Industrial Hygiene Association
American Academy of Industrial Hygiene
American Society of Safety Engineers
Publications and Presentations
Cleveland, Michael S. Evaluation of Confined Spaces for a Major Public Works. 1994.
California Water Pollution Control Association Southern Regional Safety Seminar. March.
Cleveland, Michael S. The ABCs of Indoor Air Quality. 1992. The 15th Annual Pacific
Southwest Safety and Health Conference. February.
i/
-~;::;. ~~,?
Michael S. Cleveland
Clayton
ENVIRONMENTAL
cONsu'Pal~ 3
Publications and Presentations (continued)
Cleveland. Michael S., with 1.L. Perkins and V.E. Rose. 1992. Analysis of PCM
Asbestos Air Monitoring Results for a Major Abatement Project. Applied Occupational and
Environmental Hygiene. 7(1):27-32.
Cleveland. Michael S. Practical Indoor Air Quality Investigation Methods. 1992.1oint
Meeting of the San Diego Chapters of the American Industrial Hygiene Association and the
American Society of Safety Engineers. August.
Cleveland, Michael S. Five Common Misconceptions About Indoor Air Quality. 1992.
Orange Coast Chapter of the American Society of Safety Engineers. April.
Cleveland. Michael S. Indoor Air Quality/Biological Aerosols. 1990. The Deep South
Institute for Occupational Safety and Health. March.
Cleveland, Michael S., with l.L. Perkins and G.N. Cutter. 1990. Estimating the Mean,
Variance, and Confidence Limits from Censored (< Limit of Detection) Log-Normally
Distributed Exposure Data. American Industrial Hygiene Association 1ournal. 51: 416-419.
Cleveland, Michael S., with 1.L. Perkins. 1990. Phase Contrast Microscopy and
Tran.mi~ion Electron Microscopy - No Relationship? American Industrial Hygiene
Association 10urnaL 51: A555-A556.
7/8/94
/, .~,.: ~ ,":'l -:'"
Clayton
ENVIRONME\lTAl
CONSULTA:-<TS
John E. McNary, Ph.D.
Project Leader. Environmental Health Services
ProCessional Experience
Dr. McNary has broad-based experience in environmental services. including government
regulations on laboratory safety and management, air toxics and pennit requirements.
environmental auditing. and risk assessment. He has many years of experience in
management and supervision of academic positions in universities in Europe and the United
States. He has lectures in chemistry and biochemistry and has been responsible for
laboratories and chemical research programs. He is presently a project leader in the
Environmental Health Services department at Clayton's Pacific Operations.
Recent project experience includes:
.
Motion Picture Industry - Provided assistance on equipment pennits and air toxics
compliance regulations for several motion picture fInns. The air toxics work has
included the preparation of health risk assessments.
Plastics and Composite Industry - Provided assistance on personal exposure and
wastewater discharge monitoring. Developed an air toxics health risk assessment.
Heavy Manufacturing Industry - Provided assistance on environmental regulatory
compliance including hazardous waste handling and disposal; air, wastewater.
stonnwater, and waste treatment pennits; toxic chemical release and air emissions
reporting; and hazard communication and safety plans.
Water District - Developed chemical hygiene plans for district water quality
laboratories. Prepared emergency evacuation and flI'e prevention plans for water
treatment plants and dam sites.
Insurance Industry - Evaluated individuals' toxic exposure history and possible linkage
to illness disability.
.
.
.
.
Employment History
Clayton Environmental Consultants, Inc., Cypress, California
Project Leader, Environmental Health Services, Pacific Operations
1990 to Present
Mercy College of Detroit, Detroit, Michigan
Professor of Chemistry
1985 to 1990
Mercy College of Detroit, Detroit, Michigan
Vice President for Academic and Student Affairs
1977 to 1985
University of New Hampshire, Durham, New Hampshire
Visiting Lecturer, 1977
American College of Switzerland. Leysin. Switzerland
President, 1971 to 1976
v
John E. McNary, Ph.D.
Clayton
ENVIRONMENTAL
COPag~'tS
Employment History, continued
American College of Paris. Paris. France
President, 1969-1971
Education
Ph.D., Biochemistry, 1960
University of illinois, Urbana, illinois
M.S., Organic Chemistry, 1956
University of Wisconsin, Madison, Wisconsin
Wayne State University, Environmental Pollution
AIHA Toxicology Symposiwn
AHERA Building Inspector and Management P1anner/Annual Update
NIOSH 582 Asbestos Sampling and Analysis
Professional Registrations/Certifications
California Certified Asbestos Consultant
NIOSH 582 Asbestos Sampling and Analysis
Affiliations
American Industrial Hygiene Association
American Chemical Society
Sigma Xi
(4/21/94 )
7
/'.- .........,
~. -" ~r" r
Clayton
ENVIRONMENTAL
CONSULTANTS
Don Molina
Industrial Hygienist
ProCessional Experience
Mr. Molina has 5 years of experience in the asbestos industry, with duties including air
sampling and on-site PCM analysis, surveying commercial buildings, electron microscopy
and abatement project management.
Recent project experience includes
· Management services during asbestos abatement projects
· Building surveys in various industrial and commercial buildings
Employment History
Clayton Environmental Consultants, Inc., Cypress, CA
Industrial Hygienist
May 1994 to present
ATC Environmental, Inc., Arcadia, CA
Industrial Hygienist
September 1993 to May 1994
H+GCI, Inc., Irvine, CA
Industrial Hygienist
June 1992 to September 1993
Boelter Environmental Consultants, Inc., Anaheim, CA
Environmental Consultant
October, 1990 to June, 1992
EssTek, Inc., Santa Fe Springs, CA
Industrial Hygienist/Lab Technician
January 1988 to October 1990
,)
.::;f _~--:-r':':?
Don Molina
Education
B.S. Pre-medicine, 1975
Loyola-Marymount University
Westchester, CA 90045
Post-graduate Studies, Medical Microbiology & Entomology, 1978-1981
California State University, Long Beach
Long Beach, CA 90808
-
-
ProCessional Registrations/Certification
Certified Site Surveillance Technician
State of California, Division of Occupational Safety & Health
Certification Number 93-0945
Certified Asbestos Consultant
State of California, Division of Occupational Safety & Health
Certification Number 94-1379
AHERA-accredited Building Inspector
AHERA-accredited Contractor/Supervisor/Competent Person
AHERA-accredited Management Planner
AHERA-accredited Project Designer
NIOSH 582, Sampling & Evaluating Airborne Asbestos Dust
Affiliations
American Industrial Hygiene Association
Clayton
HNIRONMENTAL
CQNSUlT,,:-.TS
Page 2
9
/1,'-~. /,"':::'
Clayton
f.WIRONMfNTAl
CONSULTANTS
Kathy Ann Norton
Industrial Hygienist, Environmental Health Services
Professional Experience
Ms. Norton has over six years of broad-based experience in regulatory compliance.
industrial hygiene, and environmental assessment She has worked in waste treatment for
the plating/electronics industry and in regulatory compliance for a leading coatings
manufacturer. Ms. Norton has provided industrial hygiene services that include chemical
and noise exposure monitoring. respiratory fit testing, hazard communication. and
hazardous waste training. She has perfonned Phase I environmental site assessments and
has developed waste minimization plans.
Recent project experience includes:
. Heavy Manufacturing Industry - Provided assistance on environmental regulatory
compliance. including hazardous waste handling and disposal. hazardous materials
inventories. and compliance with local air quality management district rules and
regulations, and perfonned hazard communication and hazardous waste training to
comply with state and federal OSHA and EPA regulations.
. Pipeline Industry - Perfonned emergency air monitoring in response to oil pipeline
ruptures resulting from an earthquake.
. Shipping Industry - Perfonned personal and area air monitoring for benzene and
hydrocarbons during loading and unloading of oil tankers and barges. The project
included detennination of compliance with United States Coast Guard benzene
standards and personal protective equipment use.
. Petroleum Industry - Participated in a four month project to quantitatively fit test
respiratory protection for 750 oil tanker employees.
. Phase I Environmental Assessments - Perfonned bulk surveys for asbestos for
numerous commercial and industry facilities.
Employment History
Clayton Environmental Consultants. Inc.. Cypress, California
Industrial Hygienist, Environmental Health Services. Pacific Operations
March 1993 to Present
The Sherwin-Williams Co.. Cleveland. Ohio
Regulatory Administrator
June 1990 to March 1993
Chemist
April 1988 to June 1990
Gould Inc.. Foil Division. Eastlake. Ohio
Chemical Technician
February 1986 to April 1988
/0
.:.--
Kathy A Norton
Clayton
ENVIRONMENrAL
CO,>\ULTA'llS
Yagel.
Education
B.S., Chemistry, 1988
Cleveland State University, Cleveland, Ohio
B.S.. Biology, 1986
Cleveland State University. Cleveland, Ohio
Issues in Air Quality Compliance - Permitting and Beyond
University of California at Irving Extension Program. Winter. 1994
Polymer Chemistry Course, Cleveland State University
Experimental Design In-House Course, Sherwin-Williams
Introduction to Coatings Technology Course, Kent State University
ProCessional Registrations/Certifications
AHERA Building Inspector and Management Planner. 1993, Refresher. 1994
AHERA Abatement Supervisor Accreditation (OSHA Contractor/Supervisor/Competent
Person), 1993
AHERA Asbestos Abatement Project Designer, 1993
NIOSH 582 Equivalent Course, 1993 Asbestos Sampling and Analysis
OSHA 4O-hour Hazardous Waste Operations (40-hour HAZWOPER). 1993
Affiliations
American Chemical Society, Environmental Division
American Industrial Hygiene Association, Orange County, California Chapter
(<122M)
/f
?>r:',;> ;:'
; _ i ~ # -.... '
Clayton
ENVIRONMENTAL
CONSULTANTS
ATTACHMENT B
TRAINING CERTIFICATES
IZ
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