Combined_Attachments-_Ninyo___Moore__2_.pdf

Attachment 1: Offer and Acceptance Form Solicitation No. BPM004287

Title: Statewide Asbestos, Lead, and Mold Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

1 Solicitation Attachments

SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Statewide Asbestos Lead and Mold Consultant and Abatement Services in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below:

Initial Offer:

Date Signature

Revised Offers:

Date Signature Date Signature

Date Signature Date Signature

Best and Final Offer:

Date Signature

Ninyo & Moore Geotechnical & Environmental Sciences Consultants

Offeror company name Signature of person authorized to sign Offer

3202 East Harbor Drive Mark J. Guatney, PE, Principal Engineer/Environmental Operations Manager

Address Printed name and title

Phoenix, Arizona 85034 Mark J. Guatney, PE, Principal Engineer/Environmental Operations Manager

City | State | ZIP Contact name and title

33-02698828 mguatney@ninyoandmoore.com 602.243.1600 x16219

Federal tax identifier (EIN or SSN) Contact Email Address Contact phone number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive

Order 2009-9 or A.R.S. § 41-1461 through 1465;

2. has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. complies with A.R.S. § 41-3532 when offering electronics or information technology products, services, or maintenance; and

4. is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by the latest date and number at the top of this form (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from the Procurement Officer.

State’s Contract Number is: Contract Effective Date:

Procurement Officer Signature Award Date Procurement Officer Name Title mailto:mguatney@ninyoandmoore.com

Attachment 2: Boycott of Israel Disclosure

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

2 Solicitation Attachments

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

● The Solicitation or Contract has an estimated value of less than $100,000;

● Contractor is a sole proprietorship;

● Contractor has fewer than ten (10) employees; OR

● Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. § 35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. § 35-393.03.

In compliance with A.R.S. § 35-393 et seq., all offerors must select one of the following:

□ The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. I understand that my entire response will become a public record in accordance with A.A.C. R2-7-C317.

□ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. § 35-393 et seq.

□ Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

● Solicitation or Contract has an estimated value of less than $100,000;

● Contractor is a sole proprietorship;

● Contractor has fewer than ten (10) employees; and/or

● Contractor is a non-profit organization.

Ninyo & Moore Geotechnical & Environmental Sciences Consultants

Company Name Signature of Person Authorized to Sign 3202 East Harbor Drive Mark J. Guatney, PE

Address Printed Name

Phoenix, Arizona 85034 Principal Engineer/Environmental Operations Manager

City State Zip Title

Attachment 3: Confidential Information

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

3 Solicitation Attachments

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

Complete this form and return it with your Offer along with the appropriate supporting information to assist the State in making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.

Check one of the following – if neither is checked, State will assume that as equivalent to “DOES NOT”:

This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

This response DOES contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103.

If State agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by State in defending such an action.

Ninyo & Moore Geotechnical & Environmental Sciences Consultants

Offeror Company Name Signature of Authorized Person

3202 East Harbor Drive Mark J. Guatney, PE

Address Printed Name

Phoenix, Arizona 85034 Principal Engineer/Environmental Operations Manager

City State Zip Title

Attachment 3 Supplement: Confidential Information Designation FOR REFERENCE ONLY

Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

4 Solicitation Attachments

A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Attachment 4: Conformance Statements

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

5 Solicitation Attachments

If taking exceptions, the Attachment Supplements must be uploaded as a separate word doc. file titled “Attachment Supplement -”

STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.

READ PARAGRAPH 6.8 OF THE INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS – TAKING EXCEPTIONS

CAN BE GROUNDS FOR STATE REJECTING OR DOWN-GRADING YOUR OFFER IN EVALUATION.

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS

Check one of the following – if neither is checked, State will assume that as equivalent to “YES”:

YES – Offeror acknowledges that it has read and understands the Special Instructions to Offerors and Uniform Instructions to Offerors of the Solicitation Documents and attests that its Offer complies.

NO – Offeror acknowledges that it has read and understands the Instructions to Offerors in the Solicitation Documents, and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment Supplement 1.

CONFORMANCE TO SCOPE OF WORK AND PRICING

Check one of the following – if neither is checked, State will assume that as equivalent to “YES”:

YES – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing Document of the Solicitation Documents and attests that its Offer complies with both.

NO – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing Document of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment Supplement 2.

CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS

Check one of the following – if neither is checked, State will assume that as equivalent to “YES”:

YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests that its Offer complies with both.

NO – Offeror acknowledges that it has read and understand the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices 2 of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment Supplement 3.

Attachment 4 Supplemental- Conformance Statement Exceptions

Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

6 Solicitation Attachments

Exceptions to Instructions

Article / Paragraph or Exhibit Reference

Proposed Changes / Alternate Language RFP Language (Copy and Paste from Solicitation)

Special Instructions to Offerors x X Exception: N/A

X Rationale:

x x X Exception:

X Rationale:

x x X Exception:

X Rationale:

x

Uniform Instructions to Offerors x X Exception:

X Rationale:

x x X Exception:

X Rationale:

x

Ninyo & Moore Company Name Signature of Person Authorized to Sign

Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

7 Solicitation Attachments

Exceptions to Scope of Work and Pricing

Article / Paragraph or Exhibit Reference

Proposed Changes / Alternate Language RFP Language (Copy and Paste from Solicitation)

Scope of Work x X Exception: N/A

X Rationale:

x x X Exception:

X Rationale:

x x X Exception:

X Rationale:

x

Pricing Document x X Exception:

X Rationale:

x x X Exception:

X Rationale:

x

Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

8 Solicitation Attachments

Exceptions to Contract Terms & Conditions

Article/ Paragraph or Exhibit Reference

Proposed Changes / Alternate Language RFP Language (Copy and Paste from Solicitation)

Special Terms & Conditions x X Exception: N/A

X Rationale:

x x X Exception:

X Rationale:

x x X Exception:

X Rationale:

x

Uniform Terms & Conditions x X Exception:

Rationale:

x x X Exception:

X Rationale:

x

Attachment 5 Supplement: Key Personnel

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

9 Solicitation Attachments

Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel proposed to be involved in carrying out the Work. Duplicate as needed. Insert or attach a separate resume if desired, but any attached resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel, please utilize the same form for each additional Personnel.

1 Name: Mark J. Guatney, PE How long with company? 6 years

Current position in company:

Principal Engineer, Environmental Operations Manager How long in position? 6 years

Position for the Services:

Project Administrator/Senior Analyst/Quality Assurance

How much of time will be dedicated to the Services? 40%

What primary functions will be assigned?

Project Oversight to Technical Staff during Asbestos Containing Materials Surveys, Lead- Based Paint Surveys, and Site Assessment, Environmental Site Assessment / Site Investigation /Remediation

Describe person’s experience in performing services like those that are to be assigned:

Arizona registered Environmental and Mechanical Professional Engineer (PE) and a Certified Hazardous Materials Manager (CHMM). Mr.Guatney is equally versed in asbestos, and was initially accredited as an asbestos Building Inspector, Management Planner and Supervisor in 1987, and performed many original AHERA inspections and management plans in Phoenix and across the U.S., as well as design and management oversight of many asbestos abatement projects on school campuses and commercial buildings. In addition to his extensive experience performing and managing lead-based paint and asbestos projects, he is also an experienced environmental site assessor, soil and groundwater investigator, and remediation designer. His capabilities and experience also include industrial hygiene services consisting of indoor air quality, allergens and mold; air quality permitting and emissions inventories; annual Form R reporting, and a variety of other due diligence and regulatory compliance services.

List person’s job-related training and education:

Education: M.B.A., Business Administration, 2008, University of Phoenix | B.M.E., Mechanical Engineering, 1985, Georgia Institute of Technology Registrations and Certifications: AZ PE (Environmental) 53561, AZ PE (Mechanical) 28202, IL PE 062-060122, CHMM No. 15023, AHERA Asbestos Building Inspector/Management Planner, AHERA Asbestos Initial Project Designer, AHERA Asbestos Supervisor, AHERA Refresher – Contractor/Supervisor, Arizona Smoke School – EPA Method 9 – Visible Emissions Training, OSHA HAZWOPER 40-Hour, OSHA HAZWOPER 8-Hour Refresher Professional Affiliations: American Public Works Association, Arizona Rock Products Association, Environmental Professionals of Arizona, Institute of Hazardous Materials Management, Valley Partnership

Resume: MJG 22

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

11 Solicitation Attachments

1 Name: Christian D. Lewallen, RG, PG How long with company? 3 years

Current position in company: Senior Project Geologist How long in position? 3 years

Position for the Services: Project Manager/Senior Analyst/Quality Assurance

How much of time will be dedicated to the Services? 40%

What primary functions will be assigned?

Asbestos Containing Materials Surveys, Lead-Based Paint Surveys, Mold Inspections, Air Monitoring, Regulatory Compliance, Abatement Project Oversight/Management, Environmental Site Assessment / Site Investigation

Describe person’s experience in performing services like those that are to be assigned:

With over 13 years of experience, Mr. Lewallen is well versed in a project-coordinating role for numerous projects from proposal preparation, project inception, sub-contractor coordination and supervision, client deliverables, to final project completion. Mr. Lewallen has conducted field support activities, reporting operations, and project management for numerous asbestos-containing material, lead-based-paint, air quality, and mold surveys for numerous private, municipal, state, and federal clients. Mr. Lewallen has conducted small- to large-scale surveys at varying types of localities including large commercial properties, wastewater treatment plants, foundries, hospitals, and governmental buildings. Mr. Lewallen has conducted oversight of multiple asbestos abatement projects as an AHERA Contractor/Supervisor. In addition, Mr. Lewallen has involvement in RI/FS and groundwater monitoring plans for CERCLA/RCRA programs including experience supporting both federal and state NPL and WQARF sites. Mr. Lewallen has also conducted hundreds of Phase I/II/III Environmental Site Assessments throughout the United States.

List person’s job-related training and education:

Education: B.S., Geology, 2008, Oregon State University Registrations and Certifications: AZ RG 67107; WA PG 3328; WY PG 4094; EPA Lead-based Paint Inspector; EPA Lead-Based Paint Risk Assessor; AHERA Asbestos Building Inspector;

AHERA Asbestos Contractor/Supervisor Refresher, XRF Analyzer Training; OSHA 8-Hour HAZWOPER Refresher

Resume: CDL 22

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

10 Solicitation Attachments

1 Name: Robert G. Huebner How long with company? 1 year

Current position in company: Staff Environmental Scientist How long in position? 1 year

Position for the Services: Project Inspector How much of time will be dedicated to the Services? 45%

What primary functions will be assigned?

Asbestos Containing Materials Surveys, Regulatory Compliance, Abatement Project Oversight/Management, Environmental Site Assessment / Site Investigation

Describe person’s experience in performing services like those that are to be assigned:

With over 11 years of experience, Mr. Huebner is versed in all phases of environmental site assessments (Phase I and II ESAs), soil and groundwater sampling, and regulatory permitting and compliance (groundwater/APP through ADEQ). He has previous multimedia environmental sampling experience in CERCLA/Superfund environmental remediation projects in the Pacific Northwest. He also has Arizona project experience providing environmental services on a wide variety of sites for clients including public agencies, local governments, utilities and private industry. Responsibilities include managing projects, performing Phase I ESA research, site visits and reporting, collection and analysis of environmental data, assisting management with client and subcontractor communications, evaluation and communication of laboratory analysis, and preparation of reports and other project documentation.

List person’s job-related training and education:

Education: B.S., Biological Sciences, 1995, Montana State University; M.S., Soil, Water and Environmental Science, 2002, University of Arizona.

Registrations and Certifications: AHERA Building Inspector; OSHA 8-Hour HAZWOPER Refresher; OSHA HAZWOPER 40-Hour; USDOT HAZMat; Nuclear Gauge User Safety; MSHA, 24-Hour

Resume: BGH 22

Attachment 6: Letter of Insurability

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

12 Solicitation Attachments

The Offeror shall provide a Letter of Insurability from the Insurance Company as a proof that the Offeror currently possesses the required insurance as stated in Section 7.2 of the Special Terms and Conditions or the Offeror is able to obtain the required Minimum Scope and Limits of Insurance should a contract be awarded to them.

The Letter of Insurability (and any additional letters) should be clearly marked as:

Attachment - Supplement Insurance *Please see attached for response.

NOTE: If Awarded a Contract, The Offeror shall provide a Certificate of Insurance (e.g. ACORD forms) and associated policy endorsement(s) prior to beginning service(s) under the Contract.

Attachment 7: Organization Profile

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

13 Solicitation Attachments

Firm Name Ninyo & Moore Geotechnical & Environmental Sciences Consultants Year established 1985

Principal address (street, city, state) 3202 E Harbor Drive, Phoenix, AZ, 85034

Entity type: S-Corporation Structur e: S-Corporation

Branch or Division: Arizona Environmental Division Parent: N/A

Years of experience providing goods similar in type and quantity as required by this Solicitation. 36

Years of experience performing services similar in size and scope as required by this Solicitation. 36

Years the organization has conducted business in Arizona. 23

Contract Representatives to Contact

Name Title Telephone Number E-Mail Address

1. Mark J Guatney, PE Principal Engineer/Environmental Operations Manager

602.243.1600 x16219 mguatney@ninyoandmoore.com

2. Christian D. Lewallen, RG, PG Senior Project Geologist 602.243.1600 x16239 clewallen@ninyoandmoore.com

3. Robert G. Huebner Staff Environmental Scientist 602.243.1600 x16303 rhuebner@ninyoandmoore.com

Licenses/Certifications

Description Issuer Number Expiration

4.

Class A Contractors License Arizona Registrar of Contractors 206210 4/30/2023

5.

Transaction Privilege Tax License

Arizona Department of Revenue 20067674 N/A

6. Firm Registration State of Arizona Board of Technical Registration

10836-0 8/31/2023

7. State Mine ID Arizona State Mine Inspector 21-03253 N/A

8. MBE Certification Pacific Southwest Minority Supplier Development Council AZ01598 5/1/2023

Capacity

Location Work Performed Number Staff

Capacity (Percentage (%) of staff available to perform the work as stated at that location)

9. Phoenix, AZ Environmental, Geophysical, Geotechnical, Materials Testing, Special Inspections, Laboratory Testing

63 90%

Attachment 7: Organization Profile

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

14 Solicitation Attachments

10 Tucson, AZ Environmental, Geophysical, Geotechnical, Materials Testing, Special Inspections, Laboratory Testing

27 10%

11 Prescott, AZ Environmental, Geophysical, Geotechnical, Materials Testing, Special Inspections, Laboratory Testing

1 0%

*Additional office locations include California, Nevada, Colorado and Texas, with staff totaling 550 (See attached).

Attachment 8: Proposed Subcontractors

Consultant and Abatement Services

Department of Environmental Quality

15 Solicitation Attachments

Check “NO” if you WILL NOT subcontract any portion of the Work and will therefore be carrying out all of the Work with your own personnel.

NO, the Offeror will not subcontract any portion of the Work.

If you WILL subcontract any portion of the Work, check “YES” below and list name(s) of persons or companies you propose to use as subcontractors.

1. Fill in the information for every significant subcontractor – indicate the type of work the subcontractor will perform under the Contract, and their approximate percentage of the total Contract work.

2. Provide copies of relevant certifications each one possesses in the Attachment Supplements section.

3. Provide description of quality assurance methods and quality control measures that you will use to ensure that Subcontractor work meets the Contract requirements. Please see below for response.

4. State may demand additional information about proposed subcontractors as a precondition of award.

YES, the Offeror will use the Subcontractors listed below:

Name and contact information

Small Business Work to be performed %

1. Eurofins EMLab P&K Shannon Nast, 623.293.1056

No Analytical Laboratory Testing

1. Fiberquant Analytical Services Michael Breu, 602.276.6139

No Analytical Laboratory Testing

2. EMSL Analytical, Inc.

Randy Cavadini, 602.276.4344

No Analytical Laboratory Testing

3. Orange Coast Analytical, Inc.

Tara Touvell, 480.736.0960

No TCLP Lead Analysis

*Provide description of quality assurance methods and quality control measures that you will use to ensure that Subcontractor work meets the Contract requirements.

We have established guidelines to effectively support the needs of the subconsultants that include effective channels of communications that are clearly defined and established and a Statement of Work that is developed jointly by the team with each subconsultant taking responsibility for their deliverables and services outlined in its areas of responsibility. Each subconsultant task and milestone is assigned a due date by the Task Manager and relayed to the subsequent internal Project Manager.

Contingency time factors are built into schedules for unforeseen or unavoidable delays. The Project and Task Manager ensures that project milestones and deliverables are completed by our subconsultant and submitted to us on time or ahead of schedule.

Attachment 9: Experience and Capacity Questionnaire

Consultant and Abatement Services

Department of Environmental Quality

16 Solicitation Attachments

THE STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT ANSWER ALL

QUESTIONS FULLY.

The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company’s overall method of approach for providing the service stated in this solicitation. If there is a question that is not applicable to the services required by the Scope of Work, you may mark it N/A.

Experience and Capacity Questions:

Question 1: Company Profile

The Offeror must include a narrative description of its organization. The narrative must include the following:

1.1 Brief overview of business operations, with an emphasis on experience in regards to the scope of work.

1.2 Date established;

1.3 Ownership (public, partnership, subsidiary, etc.);

1.4 Location in which the Offeror is incorporated;

1.5 Address of “Main Office” (e.g. Corporate Headquarters and any satellite offices responsible for performance of proposed tasks;

1.6 Offeror's organizational chart relevant to the Contract, specifically identifying the key point of contact for all questions related to the submitted offer;

1.7 Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the Contract;

1.8 A Statement of whether, in the last five (5) years, the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details and current status;

1.9 A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) may impair the Offeror’s performance in a Contract under this RFP;

1.10 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is

A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation with a Public sector client;

1.12 Full disclosure of any Public Sector contracts terminated for cause or convenience in the past five (5) years; and, Consultant and Abatement Services

Department of Environmental Quality

17 Solicitation Attachments

1.13 Full disclosure of any criminal or civil offense.

1.14 Offeror shall provide evidence of any Arizona-required business license to provide these services.

Offeror Response:

*Please see attached for response.

Question 2: Company Experience A. What market(s) are your current clients primarily in?

B. What experience do you have serving clients within the State of Arizona?

C. What is the range in size of your current clients?

D. Provide two (2) examples that exhibit your experience with different types and sizes of

Asbestos, Lead, and Mold Consultant and Abatement related services for clients?

E. How long have you provided goods/services to your longest tenured client?

F. With what relevant trade and/or professional associations are you involved? How does this participation give you an advantage over your competition?

G. Provide two (2) examples that exhibit your experience in identifying and inventorying lead service lines and plumbing materials for clients.

Question 3: Financial/Accounting Information

Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the services throughout the term of the Contract. The latest two

(2) years audited annual financial statements including Total Revenue, Net Income, and Total Assets must be submitted with the Offeror’s proposal. In addition to submitting copies of two years of financial statements, complete the table with data from the financial statements and balance sheet. * Please see attached Ninyo & Moore financial records for response.

If audited financial data is unavailable, explain in full the reason, and provide the latest non-audited financial information to include Balance Sheet, Income Statement, as well as Statements of Cash flows and Change in Financial Position. Include information to attest to the accuracy of the information provided.

Offeror shall provide information regarding any irregularities that were discovered in any accounts maintained by the Offeror on behalf of others. Describe the circumstances and disposition of the irregularities.

Offeror must utilize Attachment 9: Experience and Capacity Questionnaire-Supplement Financial Questionnaire to provide Financial/Accounting information requested above and submit

Consultant and Abatement Services

Department of Environmental Quality

18 Solicitation Attachments

“as “CONFIDENTIAL” as per Instruction 4.7 (page 8 of 25) Confidential Documents in the special instructions.

Utilize Attachment 9, Experience and Capacity Questionnaire-Supplemental: Financial Questionnaire to enter response.

Question 4: Proposed Project Members and Organization Utilize Attachment 5 to identify Key Personnel to be utilized to perform services within a resultant contract.

In addition, also state the Members related experience with large local, state or federal government agencies.

Question 5: Subcontractors

Utilize Attachment 8 to identify Proposed Subcontractors to be utilized to perform services within a resultant contract.

Question 6: Certificate and Licenses

Submit copies of all applicable certificates and licenses that support Offeror’s ability to provide the related goods/services being proposed.

*Please see attached Ninyo & Moore applicable certificates and licenses for response.

Attachment 10: References

Consultant and Abatement Services

Department of Environmental Quality

20 Solicitation Attachments

The State intends to conduct checks of references provided by Offerors. It may, at its sole discretion contact additional clients not presented as references.

Offerors shall provide at least three (3) client references for assignments that replicate or mirror the requirements of this RFP. Preferably, at least one (1) of the projects referenced should be Arizona government-related.

All references listed shall be for assignments received and completed within the last five (5) years.

1 Client Company/Address Contact Begin Date End Date

Northern Arizona Council of Governments (NACOG) - Flagstaff, AZ Chris Fetzer

(current on-call) 2022

Phone Number Email Address

928.774.1895 Chris.fetzer@nacog.org

Event Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones)

Ninyo & Moore has provided environmental services on 12 projects for NACOG. These services include Phase I & II ESA's, ACM and LBP surveys, bulk sampling, Brownfields services, UST removal services, utility and boring markouts, subsurface explorations, regulated building materials surveys, soil sample analysis, and preparation of analytical data reports, summarizing our results.

List job positions provided and technologies utilized to supplement services.

Job positions that were provided by Ninyo & Moore for these projects include Principal Engineers, Senior Environmental Scientists, and Staff Environmental Scientists.

2 Client Company/Address Contact Begin Date End Date

City of Glendale - Glendale, AZ Michael Johnson 2003 On-going

Phone Number Email Address

623.930.4100 mjohnson@glendaleaz.com

Event Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones)

Ninyo & Moore has completed over 70 projects with The City of Glendale since 2007. Services provided include Phase I & II ESA’s, ACM & LBP Surveys, Industrial Hygiene Sampling & Services, Indoor Air Quality Services, Ground Water Monitoring, Sodium Hydroxide Soil Remediation, & On-Call Services.

List job positions provided and technologies utilized to supplement services.

Job positions that were provided by Ninyo & Moore for these projects include Principal Engineers, Principal Geologists, Senior Environmental Scientists, Staff Environmental Scientists, and Senior Staff Geologists.

Attachment 10: References

Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

21 Solicitation Attachments

3 Client Company/Address Contact Begin Date End Date

HonorHealth Construction Management Phoenix, AZ Michael Lenz 2020 On-going

Phone Number Email Address

602.882.5492 mlenz@honorhealth.com

Event Scope and deliverables include number of resources engaged in project, timeline of project (major milestones)

Ninyo & Moore has completed 10 projects with HonorHealth since 2019. Services provided include Phase I & II ESAs; ACM, LBP, and Mold Surveys; Geophysical Surveys; and Indoor Air Quality Services.

List job positions provided and technologies utilized to supplement services.

Job positions that were provided by Ninyo & Moore for these projects include Principal Engineers, Principal Geologists, Senior & Staff Geologists, and Field Technicians.

Attachment 11: Method of Approach/Method of Proposal

Solicitation No. BPM004287 Title: Statewide Asbestos, Lead, and Mold

Consultant and Abatement Services

Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

22 Solicitation Attachments

The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company’s overall method of approach for providing the service stated in this solicitation. If there is a question that is not applicable to the services required by the Scope of Work, you may mark it N/A. Advertising brochures and marketing materials will not be accepted.

Check the box for the category of service(s) for which a proposal is being submitted.

• Asbestos, Lead, and Mold Consultant Services (SOW 2A:1)☐

• Lead Service Line Identification and Inventory Consultant Services (SOW 2A:2) ☐

OR

• Asbestos, Lead, and Mold Abatement Services (SOW 2-A2)☐

Continued on Next Page

Consultant and Abatement Services

Department of Environmental Quality

23 Solicitation Attachments

Part A

Asbestos, Lead, and Mold Consultant Services (SOW 2A:1)

Question 1-Provide a description outlining the services to be provided according to the Statement of Work.

Question 2 -Provide a narrative response of the proposed Project Design and Oversight management methodology for the Scope of Work.

Question 3- Provide a narrative response that describes your Organization’s overall method of conducting building inspections.

Question 4- Provide a narrative response describing your organization’s approach to utilizing alternative methods.

Question 5- Provide a methodology for conducting perimeter air sampling.

Consultant and Abatement Services

Department of Environmental Quality

24 Solicitation Attachments

Lead Service Line Identification and Inventory Consultant Services (SOW 2A:2)

Question 1- Provide a methodology for identifying Lead Service Line (LSL), and plumbing materials in a small public water system (PWS) requiring on-site verification. Under what circumstances would it result in implementing alternative methods (e.g. swab tests, scratch and magnet, sampling, CCTV, excavation, etc.) to identify service line materials? Describe your experience and outcomes utilizing these methods.

Offeror Response:

*Ninyo & Moore does not offer these services.

Question 2: Provide a narrative that describes the approach to the Scope of Work, in Section 2A:2 Lead Service Line Consultant Services, including a project timeline, milestones, deliverables, personnel responsible for milestones and deliverables; number of hours each team member will expend in each phase of the project. Additionally, describe the outcomes, using the described approaches, in identifying service line materials

Offeror Response:

*Ninyo & Moore does not offer these services.

Question 3 Indicate any third parties, partners and/or subcontractors that will be used in the implementation of the proposed solution and what their specific roles and functions will be.

*Ninyo & Moore does not offer these services.

Consultant and Abatement Services

Department of Environmental Quality

25 Solicitation Attachments

Part B

Asbestos, Lead, and Mold Abatement Services (SOW 2B)

Question 1- Please describe your approach to performing OSHA Class 3 work.

N/A

Question 2 Provide a narrative response that describes your Organization’s overall method of approach and implementation plan to provide all services sought under this solicitation.

Question 3. Describe the Offeror’s review process for quality assurance and timely submittal of result reports (when required) to the Agency per the scope of work.

Question 4- Describe the Offeror’s methodology and approach to providing mold abatement.

Attachment 12: Pricing Document

Consultant and Abatement Services

Department of Environmental Quality

26 Solicitation Attachments

Pricing must be shown in the EXCEL sheet(s) titled as shown below:

1. The following Excel sheet has been provided for Offeror’s completion and submission -titled as follows:

EXHIBIT A_PRICING SHEET

*Please see attached EXHIBIT A-PRICING SHEET for response.

Important Note - Offeror must enter one-dollar ($1) in the “Unit Price” field on the “items” (f) tab in Arizona Procurement Portal (APP) system to ensure Offeror’s bid is valid.

Indicate whether organization will offer a prompt payment discount, please complete one or more that will apply:

DISCOUNT WILL BE 0% IF ADEQ PAYMENT ISSUANCE DATE TO CONTRACTOR IS WITHIN SEVEN (7) CALENDAR DAYS

FROM ADEQ’S RECEIPT OF INVOICE.

DISCOUNT WILL BE 0% IF ADEQ PAYMENT ISSUANCE DATE TO CONTRACTOR IS WITHIN TEN (10) CALENDAR DAYS

FROM ADEQ’S RECEIPT OF INVOICE.

DISCOUNT WILL BE 0% IF ADEQ PAYMENT ISSUANCE DATE TO CONTRACTOR IS WITHIN ____ (__) CALENDAR DAYS

FROM ADEQ’S RECEIPT OF INVOICE.

On this page Offeror to include one (1) or two (2) paragraphs describing how Offeror derived the rates proposed in Exhibit A-Pricing sheet.

Ninyo & Moore’s hourly rates cover employee salaries as well as associated fringe benefits and overhead. Our employees’ salaries are based on annual evaluations of numerous industry and regional factors, such as cost-of-living and local workforce composition.

Attachment 13: Offer Checklist

Consultant and Abatement Services

Department of Environmental Quality

27 Solicitation Attachments

STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT SUBMIT ALL ATTACHMENTS.

DOCUMENT SUBMITTED

1.

Attachment 1: Offer and Acceptance Form ☐ YES ☐ no

2.

Attachment 2: Boycott of Israel Disclosure- ☐ YES ☐ no

3.

Attachment 3: Confidential Information Designation ☐ YES ☐ no

4.

Attachment 4: Conformance Statements ☐ YES ☐ no

5.

Conformance Statements - Supplement: Exceptions ☐ YES ☐ no

6.

Attachment 5: Key Personnel ☐ YES ☐ no

7.

Attachment 6: Letter of Insurability ☐ YES ☐ no

8.

Attachment 7: Organizational Profile ☐ YES ☐ no

9.

Attachment 8: Proposed Subcontractors ☐ YES ☐ no

10.

Attachment 9: Experience and Capacity Questionnaire ☐ YES ☐ no

11. Experience and Capacity Questionnaire- Supplemental: Financial Questionnaire ☐ YES ☐ no

12.

Attachment 10: References ☐ YES ☐ no

13.

Attachment 11 Method of Approach ☐ YES ☐ no

14.

Attachment 12 Pricing Document including Exhibit A, Pricing Sheet (Excel Sheet) ☐ YES ☐ no

15.

Attachment 13 Offer Checklist ☐ YES ☐ no

Attachments

Mark J. Guatney, PE, CHMM, Principal Engineer, Environmental Operations Manager | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants

Mark J. Guatney, PE, CHMM Principal Engineer, Environmental Operations Manager

YEARS OF EXPERIENCE

Total: 35 Ninyo & Moore: 6

EDUCATION

M.B.A., Business Administration, 2008, University of Phoenix B.S., Mechanical Engineering, 1985, Georgia Institute of Technology

REGISTRATIONS/CERTIFICATIONS

AZ PE (Environmental) 53561 AZ PE (Mechanical) 28202

IL PE 062-060122

CHMM No. 15023 AHERA Asbestos Building Inspector AHERA Asbestos Contractor/Supervisor AHERA Asbestos Management/Planner AHERA Asbestos Project Designer OSHA HAZWOPER 40-Hour Certification OSHA HAZWOPER 8-Hour Refresher XRF Analyzer Training

PROFESSIONAL AFFILIATIONS

American Public Works Association Arizona Rock Products Association Institute of Hazardous Materials Management Valley Partnership

Mr. Guatney is experienced in all phases of environmental site assessments (Phase I and II ESAs), comprehensive site characterization, and remediation planning and design. Additionally, he has experience performing and/or managing hazardous materials/industrial hygiene services (asbestos, lead-containing paint, indoor air quality, mold), and regulatory compliance (spill plans, stormwater, air permitting, environmental auditing). He has project experience providing these services on a wide variety of sites for clients including federal and state agencies, local governments, utilities, and private industry. His responsibilities include managing projects and project budgets, managing client and client relationships, overseeing project staff, and assist with or lead report preparation and other project documents. Responsibilities also include phone/email contact/coordination with subcontractors/vendors, coordinating projects, maintaining client relationships, provide ongoing training to staff, provide direction and review of work products, and review and sign reports.

EXPERIENCE

City of Chandler, Former Tire Facility, Chandler, Arizona: City of Chandler, Former Tire Facility, Chandler, Arizona: Principal Engineer during Phase II ESA, Well Development, Groundwater Sampling, Voluntary Remediation Program application, Vapor Intrusion Risk Assessment, and site-specific Groundwater Protection Level development, for the former tire facility located at the NEC of Arizona Avenue and Buffalo Street in Chandler, Arizona.

Del Rey Cleaners, Tempe, Arizona: Principal Engineer during Site Characterization, Soil Vapor Extraction (SVE), and remediation services for Del Rey Cleaners located in Tempe, Arizona. The owner was interested in remediating HVOC-impacted soil and soil gas in the subsurface to address health risk concerns to onsite tenants as well as to satisfy ADEQ requirements for voluntary cleanup.

Bureau of Land Management, 3,185 Acres of Vacant Desert Land, Mobile, Arizona:

Principal Engineer during a Phase I Environmental Site Assessment (ESA) and a Drone Aerial Survey of 3,185 acres of vacant desert land north of Mobile, Arizona with the majority of the project area located within the Sierra Estrella Mountains. The purpose of the Phase l ESA was to assess the environmental condition of the land, in consideration for feasibility of future property transfer of the site. Our services included physical review of site facilities and practices; assessment of past and present site usage; evaluation of site characteristics; adjacent property evaluation; a comprehensive site reconnaissance;

drone aerial survey; and preparation of a Phase I ESA report documenting findings and providing opinions and recommendations regarding possible environmental impacts at the site. Due to the rugged desert landscape and the steep 1,600-foot elevation change of the Sierra Estrella Mountains within the site, Ninyo & Moore deployed a drone with a high resolution camera to survey the areas not reasonably accessible.

City of Glendale, Arrowhead Ranch Wastewater Reclamation Treatment Plant, Admin Building, Glendale, Arizona: Project Manager during asbestos-containing materials (ACM) and lead-based paint (LBP) surveys of the Arrowhead Ranch Wastewater Reclamation Facility located in Glendale, Arizona. The project included a one-story, 9,000 square foot Administrative Building, which contained offices, conference room, control room, labs, and maintenance areas.

Northern Arizona Council of Governments, Arizona Route 66 Coalition, Brownfields Environmental Services, Coconino and Yavapai County: Principal Engineer for the Northern Arizona Council of Governments, Arizona Route 66 Coalition, Brownfields Environmental Services contract in Yavapai and Coconino Counties, Arizona. The project included performing environmental assessments (approximately 25 sites), cleanup, redevelopment planning, addressing real or perceived contamination from hazardous substances and/or petroleum products along the Historic Route 66 corridor.