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HomeMy WebLinkAboutItem 24 - On-Call Environmental Review Services for Federally Funded Programs') Community Development Agency www.santa-ana.org/community-development Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 4, 2024 TOPIC: On -Call Environmental Review Services for Federally Funded Programs AGENDA TITLE On -Call Environmental Review Services Agreements with Rincon Consultants, Inc. and Chambers Group, Inc. RECOMMENDED ACTION Authorize the City Manager to execute agreements with Rincon Consultants, Inc. and Chambers Group, Inc. to provide on -call environmental review consulting services in an amount not to exceed $100,000 per year, for a total amount not to exceed $500,000, for a three-year term beginning July 1, 2024 and expiring June 30, 2027, with an option of two, one-year extensions (Agreement No. A-2024-XXX and A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION As an entitlement jurisdiction, the City receives an annual allocation of Community Development Block Grant (CDBG) funds, HOME Investment Partnerships Program (HOME) funds, and Emergency Solutions Grants (ESG) funds from the U.S. Department of Housing and Urban Development (HUD). The Housing Authority also receives funding from HUD for the Housing Choice Voucher (HCV) Program. All projects and programs funded by these federal grants must undergo National Environmental Policy Act (NEPA) environmental assessments and/or reviews. On March 11, 2024, the City of Santa Ana issued a Request for Proposals (RFP #24- 038A) to retain on -call environmental consultants to provide environmental assessments and/or reviews on an as -needed basis. The RFP was posted on the City's PlanetBids portal and a total of 51 firms were notified who had previously requested to be informed of such opportunities as well as other firms that staff identified through research. The deadline for the submission of complete applications was Thursday, April 4, 2024 at 4:00 p.m. The Community Development Agency received nine proposals before the submission deadline, which, following a minimum threshold review by staff, met the minimum application requirements of the RFP. For the evaluation of the proposals received under On -Call Environmental Review Services for Federally Funded Programs June 4, 2024 Page 2 the RFP, staff formed a review panel consisting of four staff from the Community Development Agency. The review panel met on Monday, April 8, 2024 to review the proposals and then again on Friday, April 19, 2024. Each proposal was evaluated by the review panel based only upon the evaluation criteria in the RFP. The following table summarizes the results of the evaluation by the review panel, providing the average score and ranking for each proposal: Rank Proposal Submitted By Average Score* 1 Rincon Consultants, Inc. 90.25 2 Chambers Group, Inc. 87.50 3 PSOMAS, Inc. 83.50 4 Ultra Systems 83.50 5 Infrastructure Engineers 80.75 6 SAGECREST 80.50 7 Michael Baker International 79.00 8 WILLDAM 72.25 9 Montrose Environmental 70.50 *Maximum score was 100 points The top -ranked proposals were from Rincon Consultants, Inc. and Chambers Group, Inc. Following this procurement process, staff recommends that the City enter into an on -call agreement with these top two firms (Exhibits # 1 and 2). Approval of this recommended action will allow staff to comply with NEPA and HUD by conducting the environmental reviews and assessments for projects and programs funded by the CDBG, HOME, ESG, and the HCV Program. FISCAL IMPACT Funds are available in the federal grant account programs shown below in the proposed FY 2024-25 City Budget for City Council consideration. The amounts below are estimated projections and are subject to change. Accounting Fund Description Accounting Unit, Account Amount Unit -Account Description 13018780- HOME Program HOME, Contract Services- $45,000 62300 Professional 13518780- Community Development Block CDBG, Contract Services- $5,000 62300 Grant Professional 13518785- Emergency ESG, Contract Services- $5,000 62300 Solutions Grant Professional 14018760- Housing Choice HCV, Contract Services- $45,000 62300 Vouchers Professional Total: $100,000 On -Call Environmental Review Services for Federally Funded Programs June 4, 2024 Page 3 EXHIBITS 1. Consultant Agreement with Rincon Consultants, Inc. 2. Consultant Agreement with Chambers Group, Inc. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager EXHIBIT 1 AGREEMENT FOR ON -CALL ENVIRONMENTAL REVIEW SERVICES FOR HOUSING 7DIVISION DETVVEEN RINCON CONSULTANTS, INC. AND CFrY OF SANTA ANA THIS AGREEMLNT is made and entered into on this -11 day of JW, 2024 by and between Rin.con Consultants, Inc., ("Consultant'), mid the City of Santa Ana, a charter pity and municipal corporation organized and existing under the Constitution and laws of the State of California ccity9>)- A. On March 11, 2024., the City issued Request for proposal No. 24-038A (" RFP' ), by which it sought envirownental dommentation.and environmental review services for the Housing Division on an as -needed or on -call basis. The RFP shall be incorporated by reference as though attached, hereto in fat. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide services to the City described in the scope of work that was inoluded in the RFP, which shall be incorporated by reference as though attached hereto. C. in undertaking the performauce of this Agreement, Consultant represents that it is 'knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting km in the field. NOW T11UREF+ORE, in consideration of the mutual and respective pwn ises, and subject to the terms and conditions hereinaftet set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the casks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in City's RFP, and Consultant's proposal, and collectively detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibit zIt), also attached hereto as Exhibit D. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended shall not exceed $100,000 per year, for a total amount not to exceed $500,000 during the term of this Agreement including any extensions. Page 1 of 9 0392b48vl EXHIBIT 1 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work penf'ormed, subject to City accounting procedures, City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers, Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data ,provided, the City will be authorized to deposit payments directly into Consultant's account(s) with 11imancial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall. commence on the date first written above for a.tbreo (3)yvar teruoi with the option for the City to grant up to a two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.. INDEIPENOIENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSI-HP Or' MATERIALS This Agreement .creates .a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense, any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or workm of authorship -fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way .in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 ##39264&vl EXHIBIT 1 6. l[1\ISURANCE Prior to undertaUng performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Toriu of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF I NSi1RANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CQL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence' basis, including products and completed operatlons, property damage, bodily it�ury and personal & advertising injury with limits no less than $2,000,000 pox occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and vmbralla/emcess insurance policies.. 2. Automobile Liability: ISO Fom Number CA 00 01 covering aDy auto (Code 1) with limit no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insuunnce, City will accept .evidence of personal automobile insurance. 3. Workers' Compensatiow. as required by the State of'California, with Statutory Limits, and Bmployer's Liability Insurance with limit of no less than. $1,00%000. per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professlonal Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of ,coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds iva excess of the specified minimum limits of insurance and coverage shall bo available to the City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1, City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's COL, Professional Liability, and Automobile Liability policies, with respect to any liability a -rising out of work or operations performed by or on behalf of the instructor including materials, parts, equipment, and personnel ftunished in connection with such work or operations. 2, t Consuliant's Insurance company(les) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses Page 3 of 9 #392d48v1 EXHIBIT 1 paid under the terms. of any policy which arise from work performed. by Consultanat under this Agreement. 3. For any claims related.to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A. severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. S. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written Notice shall be provided to City for policy cancellation or .non renewal due to non-payment of premium. 6. Cortificato Holder on each Evidenoe of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, PP.. Box 1988,. Santa ,Ana, CA, 92701. The name and location of project must be included in the Description of Operations section of each certificate. Se4fnlnsured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, anal defense expenses within the retention. Acceptabildty offfisurej's Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Sest's rating of no less than A_VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endonement Page of the CGL policy listing all policy endorsements before work begins, However, failure to obtain the required docutnents prior to the work beginning shall not waive the Consultant's obligation to provide there, The City reserves the right to require complete, cortified copies of all required insurance policies, including endorsements required by these specifications, at any time, S)mcial Risks or Cfrcumstanees City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. 1( OM NIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) Car personal hz uiy, damages, just compensation., restitution, judicial or equitable relief arising out of claims for personal injury, including death, and clainis for property damage, which may arise from the Page 4 of 9 #392G48v1 EXHIBIT 1 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which, relates to the services described in section I of this Agreement; and (2) from any claim that personal i0uy, dainages,.just compensation, restitution, judicial .or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and. hold harmless agteetnnent applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising ficom this Agreement. The Consultant farther agrees to indemn*, hold haintess, and pay all coats fbr the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any aciien by -a thud party challenging the validity of this Agreement or asserting that personal Rklury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the 'terms of or effects arising from this Agreement. City may make all reasonable decisions withrespeot to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to .Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misonduct of the Consultant. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability., including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in, the work product or.documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall. maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursementis charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. ConsulWA shall allow a representative of the City to examure, audit, and makc transeripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from. the date of final payment to Consultant under this Agreement. 10. CONFIDE, NTL4LLITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own intbrxnation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written in£ortnation, but also information transferred orally, visually, electronically, or by other moans. Confidential Page S of 9 #392G48vl EXHIBIT 1 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations ofaon-use and nondisclosure shall riot apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a. publicly available source; (e) is In rightful possession of the Consultant without au obligatioij of confidentiality; (d) is required to be disclosed by operation of law; or (a) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discrimivate because afrave, color, arced, religion, sex, marital status, sexual orientation, gender identity, gender expression, ,gender, medical conditions, genetic information, or military and veteran status, age, national. origin, ancestry, or disability, as defrned and prohibited by applicable law, in the recruitment, selection, teaching, trap ing, utilization, promotion, tennination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local. laws anal regulations. 13. EMCLUSI MY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. Page 6 of 9 #392648v1 EXHIBIT 1 15. TEMMA ION This Agrement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice. of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work. product(s) completed as of such. date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such puiposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in. the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so species. 17. JURISDIMON - VENUE This Agreement has been executed and delivered hi the State of. California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the Siate of California. Both parties fiuther agree that Ol ge County, 'California, shall be the venue for any action or proceeding that may be brought or arise out oil in connection with or by reason of this Agreement. 19. PR.OFESSIfONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and requited by the laws and regulations of the 'United. States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOWE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall bo deemed to be properly given if delivered in person or mailed by Page 7 of 9 #392648v1. EXHIBIT 1 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza. (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Deanna Hansen Vice President Rincon Consultants, Inc. 250 East 1' Street, Suite 1400 Los Angeles, CA 90012 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours aft -or the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attoxney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 #392648vl EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency CITY OF SANTA ANA Alvaro Nufiez Acting City Manager CONSULTANT: Title: 44 T1,1 4C Title: kk4 Izif 214W Page 9 of 9 #392648vl EXHIBIT 1 EXHIBIT A SCOPE OF SERVICES EXHIBIT 1 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. A. General Requirements 1. Consultant shall: i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff. ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules. iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code. v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task. vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities. viii. Have provide electronic copies of all documents as well as physical copies if requested. B. Environmental Noticing Documents & Technical Reports 1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to: i. Phase I and Phase II Environmental Site Assessments ii. Environmental Impact Statements (EIS) iii. Environmental Impact Reports (EIRs) iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5 vi. Lead Risk Surveys vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing ix. Mold Testing x. Sewage & Bacterial Surveys A. Fire, Smoke, and Soot Hazards xii. Remedial Actions xiii. Groundwater Monitoring xiv. Health Risk Assessments EXHIBIT 1 CITY OF SANTA ANA xv. Air Quality/Greenhouse Gas Emissions Modeling xvi. Biological Resources Studies xvii. Noise Attenuation/Acoustical Evaluations xviii. Hydrological Studies xix. Cultural Resources Studies xx. Peer Reviews xxi. Initial Study xxii. Categorical Exemption (CE) xxiii. Notice of Exemption (NOE) xxiv. Negative Declaration (ND) xxv. Mitigated Negative Declaration xxvi. Initial Document xxvii. Addendum xxviii. Supplemental xxix. Subsequent xxx. Programmatic xxxi. Notice of Preparation xxxii. Notice of Completion (NOC) xxxiii. Notice of Availability (NOA) xxxiv. Notice of Determination (NOD) xxxv. Notice of Intent (NOI) xxxvi. Finding of No Significant Impact (FONSI) xxxvii. Preliminary Environmental Study Form (PES) xxxviii. Preliminary Environmental Analysis Report (PEAR) xxxix. HUD Environmental Review Online System (HEROS) A. Any other appropriate accompanying technical studies or reports EXHIBIT 1 Services Provided and Implementation Schedule/Proposed Work Plan C. Services Provided and Implementation Schedule/Proposed Work Plan Overall Approach At Rincon, we take a solution -oriented approach to the environmental review process that focuses on resolving problems. This is accomplished in a variety of ways, including: • Effectively engaging stakeholder groups and the public • Participating in the City's development review process • Developing familiarity with the City's various development codes and unique approaches to CEQA and NEPA • Conducting efficient kickoff meetings that identify potential issues or critical data needs for early discussion • Supplying staff with the capabilities to provide both environmental and planning support services • Developing effective mitigation measures for identified impacts • Devising alternatives that respond to environmental conditions and good planning principles Rincon project managers and analysts are skilled at assisting agencies in not only meeting the legal requirements of the CEQA and NEPA processes, but also in ensuring a project is consistent with the City's ordinances, codes, Santa Ana General Plan, and the Central/Downtown Santa Ana Complete Streets Plans; regional planning documents including the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS); and the relevant standards of other local, State, or federal agencies (e.g. John Wayne Airport, County of Orange, California Department of Transportation [Caltrans] District 12, California Department of Fish and Wildlife [CDFW] South Coast Region, Regional Water Quality Control Board [RWQCB] Region 8, State Water Resources Control Board [SWRCB], United States Army Corp of Engineers [USACE] Los Angeles District, and United States Department of Housing and Urban Development [HUD] Region IX). At Rincon, we understand the need to become an extension of City staff in conducting the environmental review process. We will provide the City with regular progress reports on work status, as well as the budget. Our teamwork approach will ensure that the City has direct access to strong technical expertise, and our local experience helps to ensure understanding of community issues and local political concerns. Our firm has successfully prepared hundreds of CEQA and NEPA documents for agencies throughout California, including the City of Santa Ana. We can assist the City with preparation and processing of environmental review documents including the following: • NEPA compliance documents (Categorical Exclusion [Subject/Not Subject to Section 58.5], EA/FONSI, EIS • HUD Environmental Review Online System (HERDS) • Initial Study (IS) addressing all the environmental impact categories listed on the City's IS checklist • Required CEQA notices (Notice of Preparation [NOP], Notice of Intent [N01], Notice of Availability [NOA], Notice of Completion [NOC], Notice of Determination [NOD], Notice of Exemption [NOE]) • Categorical Exemption, Affordable Housing Exemption, Sustainable Communities Project Exemption (SCPE) • IS -ND, IS-MND, MND Addendum • Sustainable Communities Environmental Assessment (SCEA) • Draft and Final EIR (Project, Program, Focused, Master, Staged) • EIR Addendum, Supplemental EIR, Subsequent EIR • Infill Streamlining under Appendices M and N of the CEQA Guidelines • MMRP, Response to Comments, Statement of Overriding Considerations, CEQA Findings • Statutory Worksheets Rincon Consultants, Inc. 3 EXHIBIT 1 City of Santa Ana On -call Environmental Review Services for Housing Division Our work products will meet the requirements of the CEQA Guidelines, City -specific thresholds of significance, State and local planning and zoning law, NEPA, and the National Historic Preservation Act. Vanessa Villanueva, as Project Manager, and Deanna Hansen, as Principal -in -Charge, have been involved in numerous projects in the City of Santa Ana from inception to implementation; making our Rincon team exceptionally qualified to prepare environmental review documents for your development projects expeditiously and efficiently. Preparing CEQA and NEPA documentation commonly involves reviewing documents, attending meetings with the lead agency and project applicant, interacting with regulatory agencies, preparing reports, and attending public meetings and hearings. For the CEQA process, this task typically starts with a review of the CEQA Guidelines to assess whether a project is exempt from more detailed environmental review. Categorical Exemptions are well defined in the CEQA Guidelines and include the categories of projects that would not likely result in significant environmental effects (e.g., repairs or replacements of existing facilities, infill development). In non-exempt cases, we would complete an IS checklist to determine the appropriate environmental clearance document under CEQA. For projects where all impacts can clearly be mitigated and where there is not a strong base of public controversy, an ND or MND is prepared. For projects that may result in a significant environmental impact, an EIR is typicallythe appropriate CEQA document. When an EIR is required, we utilize the IS and scoping process to focus the document on impacts that can potentially result in significant impacts. For NEPA, appropriate federal agency consultation will be required. Documentation may involve Categorical Exclusions (Subject to or Not Subject to Section 58.5), EAs, or EISs. In some cases, CEQA and NEPA apply to a project, and a joint CEQA/NEPA document may be appropriate. In other cases, federal lead agencies prefer to process final review documentation after the CEQA environmental review is finalized. In addition to assisting our clients, including the City of Santa Ana, with the CEQA/NEPA processes, our environmental planning group has regularly prepared a broad range of technical studies (e.g., quality, biology, cultural resources, greenhouse gas [GHG] emissions, hazards, noise) to help design teams develop projects that avoid or minimize significant environmental effects. Moreover, as described in "Technical Studies" in our proposal, our team members have prepared many of these studies in the Orange County area, and therefore, we are highly familiar with both local and broader agency requirements. Our environmental planning team also supports developing and implementing MMRPs, including biological monitoring, revegetation and habitat restoration, or archaeological monitoring, which may be required through the environmental planning process. The scope of work for any environmental document or specialized technical study will depend upon the nature of the project being analyzed and will vary from project to project. We have assumed that most documentation will involve NEPA review, a lesser number will involve CEQA review, and that a range of specialized studies will also be requested. The following briefly describes our approach to preparing typical CEQA/NEPA documents. Approach to CEQA Document Preparation Upon receiving an inquiry from the City on a particular project, an early step will be determining what level of CEQA review will be required. Rincon's Project Manager, Vanessa Villanueva, will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe. Preliminary site research will be conducted, and CEQA Guidelines for all technical studies and environmental documentation will be consulted. We are familiar with the City's certified program -level EIRs, such as the 2010 EIR for the Transit Zoning Code, which can be used for streamlining options, such as addenda or compliance under Section 15183 of the CEQA Guidelines. Notably, Rincon has previously used the 2010 EIR for the Transit Zoning Code to complete two separate EIR addendums for the First American Mixed -Use Project and 4th and Mortimer Project between 2019 and 2021. As such, under this contract, we will consider all streamlining options during our preliminary review of each project. For projects that cannot be streamlined, the following are the typical procedures for an IS-MND and EIR. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review. IS-MND Process • Task 1 - Kickoff Meeting. A kickoff meeting will typically be held with one week of notice -to -proceed with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - Project Description. The project description will be submitted within approximately two weeks of the kickoff meeting and receipt of information regarding the project. • Task 3 - Administrative Draft IS-MND. The Administrative Draft IS-MND will be typically prepared between four to six weeks, depending on the complexity of the project and technical studies required. EXHIBIT 1 Services Provided and Implementation Schedule/Proposed Work Plan • Task 4 - Public Review Draft IS-MND. Rincon will typically deliver the Public Review Draft IS-MND within one to two weeks of receipt of comments on the Administrative Draft IS-MND. The Public Review Draft EIR will circulate for a period of 20 to 30 days. Rincon will also assist with preparing and filing the NO, NOC, and Summary Form with the State Clearinghouse (SCH) and the N01 with the County Clerk. • Task 5 -- Final IS-MND. Rincon will prepare written responses and submit them to staff for review within one to two weeks of receipt of all comments received by close of the public review period. Corrections will be made as necessary, and a final set of responses will be provided to enclose with the Final 1S-MND to be considered for approval. The Final IS-MND will typically be provided within one week of receipt of all City comments regardingthe responses. The Final IS-MND will be in the form of a single document that includes the Draft IS-MND, mitigation measures and MMRP as well as all agency and public comments and responses to comments. If desired, we can also prepare CEQA findings for the project in conjunction with the Final IS - MN D. Once the Final IS-MND is approved, and within five days of said approval, Rincon will assist with the preparation and filing of the NOD and filing fees with the SCH and County Clerk. EIR Process • Task 1- Kickoff Meeting. A kickoff meeting will typically be held within two weeks of the notice -to -proceed with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - EIR Project Description. Rincon will prepare a description of the project being analyzed, including its site and existing conditions, project characteristics relevant to the EIR analysis, project objectives, and required discretionary approvals. This typically includes textual, tabular, and graphic presentation. • Task 3 - IS-NOP. Rincon will prepare an IS checklist with supporting discussion, typically within four weeks. The IS will cover all items on the City's environmental checklist and will includefacts and analysis to support all conclusions. Upon City approval of the IS, we will circulate the IS and NOP of a Draft EIR for public review. • Task 4 - EIR Scoping Meeting. If required, a scoping meeting will be held during the 30-day NOP period to introduce the community to the proposed project and obtain input on the EIR scope of work (note: scoping meetings are required only for "regionally significant" projects). • Task 5 - Administrative Draft EIR. Rincon will prepare an Administrative Draft EIR within sixto eight weeks of release of the NOR The EIR will include the following: o Executive Summary. Summary of the proposed project and associated environmental consequences presented in tabular format to simplify review by decision -makers and the public. o Introduction and Environmental Setting. Introductory sections (required by CEQA) that lay the groundwork for and summarize the substantive analysis to follow; the introduction describes the purpose and legal authority of the study, and provide a discussion of lead, responsible and trustee agencies; and the environmental setting provides a general description of the existing urban geographic character of the city and the site vicinity. o Environmental Impact Analysis. Analysis of impacts determined in the IS to be potentially significant; includes four main components: - Setting. Description of current conditions with respect to the issue in question, including the existing regulatory environment. - Impact Analysis. Discussion of potentially significant effects of the proposed project, impacts are typically compared to established "thresholds of significance." - Mitigation Measures. Methods by which significant effects can be reduced or eliminated. - Level of Significance after Mitigation. Discussion of whether proposed mitigation measures reduce impacts to below the adopted significance threshold. - Other CEQA-Required Discussions. EIRs also include other discussions required by the CEQA Guidelines, including an analysis of potential growth -inducing impacts, a listing of significant irreversible changes, and a discussion of areas of public controversy. - Alternatives. See alternatives discussion following "Approach To NEPA Document Preparation." • Task 6 - Draft EIR. Rincon will incorporate City comments and complete the Draft EIR, typically within two to three weeks. The Draft EIR will circulate for a period of 30 to 45 days. Rincon will also assist with preparing and filingthe NOA, NOC, and Summary Form with the SCH and the NOA with the County Clerk. • Task 7 - Final EIR. Rincon will complete the Final EIR after the receipt of all written comments received during the review period. The Final EIR will consist of the comments, responses, and corrections to the Draft Rincon Consultants, Inc. 5 EXHIBIT 1 City of Santa Ana On -call Environmental Review Services for Housing Division EIR (if any are warranted), and the MMRP. If desired and required, we will also prepare CEQA Findings and a Statement of Overriding Consideration for the project. o Response to Comments. Within two to three weeks of receipt of all comment letters on the Draft EIR, Rincon will submit draft Response to Comments. Within one week of receipt of City comments on the draft report, Rincon will prepare the final Response to Comments. o MMRP. Concurrent with the Responses to Comments report, Rincon will prepare an MMRP, which will be included in the Final EIR. o NOD. Within five days of EIR certification and project approval (if any), Rincon will assist with the preparation and filing of the NOD with the County Clerk and SCH along with the filing fee (to be paid by the project applicant). Approach to NEPA Document Preparation Upon receiving an inquiry from the City on a particular project with federal agency involvement, an early step will be determining what level of NEPA review will be required. Rincon's project manager will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe. Preliminary research on the site will be conducted, and existing technical studies and environmental documentation will be consulted. The following are typical procedures for an EA/FONSI and EIS. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review. EA/FONSI Process • Task 1- Kickoff Meeting. Similar to IS-MND process. • Task 2 - Administrative Draft EA/FONSI. The Administrative Draft EA/FONSI will be provided within six to eight weeks of receipt of notice to proceed and approval of the project description. • Task 3 - Public Review Draft EA/FONSI. Rincon will deliver the Public Review Draft EA/FONSI within one to two weeks of receipt of City comments on the Administrative Draft EA/FONSI. • Task 4 - Final EA/FONSI. Rincon will prepare written responses and submit them to City staff for review within seven days of receipt of all comments received after the closing of the public review period. The Final EA/FONSI will be provided within one week of receipt of all comments regarding the responses. EIS Process • Task 1- NOI and Scoping Process. Similar to EIR process. • Task 2 - Scoping Meeting. Similar to EIR process. • Task 3 - Description of Project Alternatives. Similar to EIR process, except all potential alternatives will be described in an equal level of detail, as required by NEPA. • Task 4 - Administrative Draft EIS. Similar to EIR process except all potential alternatives will be analyzed at an equal level of detail, as required by NEPA. • Task 5 - Draft EIS. Similar to EIR process. • Task 6 - Final EIS o Responses to Comments/Preliminary Final EIS. Similar to EIR process. o Final EIS Publication. NEPA requires a 30-day review period for a Final EIS. The EIS will need to be made available for an additional 30-day review period following its publication. • Task 7 - Record of Decision (ROD). The ROD will be issued no sooner than 30 days after the approved Final EIS is distributed or 90 days after the Draft EIS is circulated. We also have experience preparing Categorical Exclusions for capital improvement projects and small residential projects. Categorical Exclusions we have prepared for the City have typically consisted of street improvements (e.g., sidewalk replacements, ADA-curb ramp installations) or other public facility improvements (e.g., parks and libraries). The process and document for a Categorical Exclusion is akin to an abbreviated EA/FONSI, which can be typically completed within six to eight weeks. Historically, the City has managed all NEPA notices; however, Rincon can also assist with the preparation and posting of the Notice of Intent to Request Release of Funds (NOI/RROF) and subsequent RROF. EXHIBIT 1 Services Provided and Implementation Schedule/Proposed Work Plan Alternatives For EIRs, EAs, and EISs, a reasonable range of alternatives will be identified during the study in concert with City staff. For EIRs, evaluating alternatives will typically be in less detail than that for the proposed project. However, the analysis will give decision -makers and the public adequate information to decide between alternatives. This section will also identify the "environmentally superior alternative." If the "no project - no building" alternative is deemed environmentally superior, the EIR will identify the alternative amongthe remaining scenarios. As noted above, NEPA requires analysis of each project alternative in an equal level of detail; therefore, all project alternatives will be analyzed in a single "Environmental Consequences" chapter. Public Hearings/Meetings From Rincon's experience working on many public works development projects and long-range planning programs, we understand the need to effectively engage the public in the planning and environmental analysis process. Communication with the stakeholders will ensure the success of most large-scale EIRs and EISs. Rincon will prepare materials for, attend, and participate, as needed, in all major public meetings, including public workshops, open houses, and public hearings leading up to certification of the EIRs. Although Rincon typically assists with filing notices with the County Clerk and SCH, assistance with other activities associated with document circulation (e.g., newspaper noticing, radius mailing) may also be part of Rincon's scope of work depending on the City's preference. For current NEPA projects under our on -call with the City of Santa Ana, we have not yet submitted projects through the HUD online portal HERDS. However, our team has utilized the HEROS platform to assist other Responsible Entities, including Ventura County, and will be able to guide the City through these requirements and execute this task as a Partner User for City staff when necessary. Technical Studies In addition to assisting our clients with the CEQA and NEPA processes, our staff are skilled in the preparation of a broad range of technical studies, including air quality, aesthetics, biological resources (wetland delineation, special status species analysis), cultural resources, GHG emissions, health risk assessments, hydrological studies, environmental site assessments (ESAs), noise, site remediation, and water supply assessments. Often, these studies are performed before finalizing a proposed project to assist project design teams in developing a project that avoids or minimizes significant environmental effects during the design phase. These studies have included simple special -status species surveys used in site selection and feasibility, and more detailed protocol level surveys to meet specific ordinance and permitting agency requirements (Caltrans, RWQCB, USACE, CDFW, etc.). Our environmental team also supports our clients with developing and implementing MMRPs, including biological monitoring, revegetation and habitat restoration, or archaeological monitoring, which may be required through the environmental planning process. Rincon has extensive experience preparing the various types of technical reports that the City might require under a contract for environment and impact analysis. When detailed studies for such issues as transportation/traffic and lead and asbestos testing/ monitoring/abatement are required, we have excellent and long-standing relationships with subconsultants specifically qualified for those reports, including those with extensive regional and local experience, such as Ganddini Group, Inc. (Ganddini Group) with an office in Santa Ana and Aurora Industrial Hygiene (Aurora) with offices in South Pasadena and San Diego. Based on the nature of work anticipated under this contract, Rincon has selected Ganddini Group and Aurora to support future work (included under "Section F. Subconsultants.") However, Rincon has capacity to provide the City information with and add additional subconsultants on an as - needed and project -by -project basis. Of the technical studies conducted by Rincon's in-house professionals and experts, we anticipate that historic compliance review pursuant to NEPA and ESAs would be among the most common standalone studies conducted in support of the anticipated nature of the work under this contract. The following describes Rincon's approach to these specific technical studies. Historic Compliance Review Rincon's Architectural History team has extensive experience working with the City and will provide the appropriate level of historic compliance review. Work efforts will include providing thorough, defensible documentation in support of Section 106 and CEQA compliance, through field surveys, eligibility evaluations, impacts assessments, and the preparation of technical reports. Rincon will also assist the City's Housing Division Rincon Consultants, Inc. EXHIBIT 1 City of Santa Ana On -call Environmental Review Services for Housing Division in ongoing compliance review and provide input as needed. Our architectural history staff has extensive experience supporting Santa Ana in these efforts and has a long track record of completing successful projects towards this end. Recently, we assisted the City's Housing Division in navigating a particularly delicate tribal consultation process under Section 106 for the Bewley Street Intergenerational Housing Project and, as a result, we are deeply knowledgeable in how to facilitate this process moving forward and assist the City with fostering relationships with consulting tribal and other interested historic groups. We also have a nuanced understanding of historic resources, regulations, and other considerations that guide historic compliance review in the City. Section 106 Review For each project, Rincon will coordinate with the City to determine whether Section 106 review is required. For projects requiring Section 106 review, the following tasks would typically be performed by Rincon: • Coordinate with the City and SHPO as needed to establish the Area of Potential Effects (APE) • Following APE map approval by the State Historic Preservation Officer (SHPO), initiate Section 106 outreach to interested parties and stakeholders; in accordance with 36 CFR 800.4(a)(3), outreach will include the Native American Group contact program and the local historic group/local government contact program • Request a records search of the California Historical Resources Information System from the South Central Coast Information Center to identify any previously recorded cultural resources within the APE • Complete literature review and focused archival research to characterize the construction chronology and historic setting of each of -age property; previous studies and historic context statements will be used to the maximum extent practicable to streamline project schedule and resources • Complete a historic property assessment, according to National Register of Historic Places (NRHP) criteria, for all of -age buildings, structures, sites, and other built environment features within the APE • Document the results of the historic property assessment in a Section 106 report; all properties 50 years of age and older within the APE will be recorded on Department of Parks and Recreation Series 523 forms • For APE properties found NRHP eligible, assess the effect of the proposed undertaking on the historic properties; the report will make one of three findings: "No Effect, No Adverse Effect, or Adverse Effect" • Analyze the proposed undertaking for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties; where project components might not comply with the Secretary's Standards, Rincon will coordinate with the City to make recommendations for feasible project modifications that would eliminate or minimize adverse environmental effects • Incorporate the results of the analysis into the Finding of Effect report completed for the project Based on our previous work with the City, and external experience working with SHPO and HUD on similar projects, Rincon assumes the following regarding the scope of work for historic compliance review: • The APE would be limited to direct effects; should a broader indirect APE be required, cost may be higher should additional properties require assessment and recordation • A maximum of one of -age built environment property will need assessment and recordation; should additional properties require assessment and recordation, the costs may be higher • No more than one NRHP-eligible or designated historic property will require project -level review for Secretary's Standards compliance Environmental Site Assessments Rincon has provided environmental site assessment services for the City for almost 25 years. Phase I Environmental Site Assessment Phase I ESAs are used to determine current and historical site uses, are useful tools to identify the likely presence of contaminants at a site and are recommended to meet due diligence standards for property acquisition. While Phase I ESAs are typically prepared to meet ASTM standards, not all Phase I ESAs provide equal value. Rincon tailors a Phase I ESA to meet client and project specific needs and ensures that the most relevant information is clearly described and easily accessible. 8 EXHIBIT 1 Services Provided and Implementation Schedule/Proposed Work Plan For this contract, Rincon will perform Phase I ESAs in accordance with ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, but using strategic approaches tailored to meeting the City's needs. Phase I ESAs will be performed by support staff under the supervision or responsible charge of a qualified Environmental Professional as defined in ASTM E1527-13. The scope of work for a Phase I ESAs is detailed in ASTM E1527-13 and consists of the following tasks: • Record Review. A records review will be conducted to help identify potential environmental liabilities associated with current and past uses of the project site. The review will include both environmental information and historical use information readily available in public records and the records maintained by the City, as well as performing a computer database records search in accordance with minimum search distances and required database specified in ASTM E1527-13. Environmental agency file reviews will be conducted for unauthorized release sites that fall within a project site, adjacent properties, or nearby properties that would be expected to impact the site. Applicable historical use information will also be assessed by a review of two or more of the following: Sanborn Fire Insurance maps, city directory listings, USGS topographic maps, aerial photographs, and building permit files. In addition, property tax records, chain of title reports, or lien search reports, will be reviewed, if provided by the City. • Site Reconnaissance. Rincon will coordinate with the City to appropriately access a site and conduct a reconnaissance to identify obvious potential environmental liabilities. Immediately adjacent properties (as accessible) will be visually inspected from public thoroughfares. Site use practices that may have impacted the property will be reviewed (e.g., storage tanks, drums and containers, chemical/waste storage). • Interviews. In coordination with the City, and upon authorization, Rincon will conduct interviews with site owners, or a designated representative of a site owner, past site owners, and occupants/tenants to obtain additional information regarding past and present site uses as they may have affected the property. • Reports. Rincon will prepare reports in accordance with the requirements of ASTM E1527-13 and will document the information and findings of the research and reconnaissance, include a series of maps identifying existing site and nearby land uses, and provide conclusions regarding the potential presence and impact of environmental site conditions. The Phase I ESA report will be signed by the Environmental Professional and will include the required declaration statement. Phase II Environmental Site Assessment The objective of a Phase II ESA is to evaluate the nature and extent of contamination and to assess the significance of the contamination relative to established threshold levels or some other risk -based criteria. Phase II ESAs will be developed by the Phase II ESA TA Manager in coordination with the project manager, who is a California -licensed Professional Engineer, and the Principal -in -Charge, who is a California -licensed Professional Geologist and Certified Hydrogeologist. We understand that a Phase II ESA project under this contract may involve assessment of soil, groundwater, soil vapor, water pipelines and related infrastructure materials, and/or building materials. Assessment is typically conducted in phases, which may include a preliminary site assessment, one or more subsequent phases of assessment, periodic monitoring, risk assessment, and an evaluation of risk -based cleanup levels. The assessments also involve working within established regulatory agency guidelines for assessment and reporting. That said, Rincon approaches Phase II ESAs holistically; we balance the benefits of a phased approach with the benefits of optimizing data collection during a single mobilization to meet project deadlines. While each project will be scoped, developed, and implemented consistent with the City's needs and relevant site -specific information, our approach to Phase II site investigations will include the following tasks: • Work Plan. After the initial kick-off meeting with the City (and potentially a regulatory oversight agency, if applicable), Rincon will develop a work scope to achieve the established assessment goals. A work plan will be prepared that details project objectives; site history and background; regulatory framework; pre -field work tasks (e.g., permitting, notifications, utility clearance); site assessment tasks; methodology and procedures; laboratory analysis; quality assurance/quality control; reporting; and project schedule. • Health and Safety Plan. Prior to commencement of an assessment, a site -specific health and safety plan (HSP) will be prepared. For complicated sites or site with high levels of contamination, an additional review may be performed by Rincon's Health and Safety Officer pending site conditions. A site safety meeting will be held whereby all field personnel will be informed of possible site conditions and provided with a copy of the HSP. During the field work, daily tailgate meetings will be held prior to the commencement of each day's activities and a copy of the HSP will be on -site at all times. All site personnel, subcontractors, and visitors who enter the exclusion zone will be required to sign the HSP form daily. Rincon Consultants, Inc. EXHIBIT 1 City of Santa Ana On -call Environmental Review Services for Housing Division • Sampling of Desired Media. Upon receipt of the City's approval of a work plan (and regulatory oversight agency approval, if applicable), samples will be collected by support staff and overseen by the project manager. Samples can be obtained using a variety of methods (e.g., surface grab sample, shallow hand auger sample, backhoe sampling, high-flow/low-flow groundwater sampling, soil vapor sampling, direct push sampling, or hollow -stem auger or air rotary drilling). The appropriate sampling methodologV is dependent on the suspected source of contamination (pointsource or non -point source); suspected type of contaminant (volatile or non-volatile); media affected (soil, groundwater, and/or soil vapor); anticipated depth of contamination; and soil/geologic conditions at a site. Depending on the scope of work, soil vapor wells, soil vapor probes, groundwater monitoring wells, groundwater extraction wells, or other sampling devices may need to be installed at a site. Licensed professionals will perform or oversee the installation of sampling devices, where applicable. Prior to anysubsurface assessment, Underground Service Alert utility notification service will be contacted and the area to be disturbed will be identified. The proposed locations will be provided to the City for the identification of possible subsurface utility conflicts. • Laboratory Analyses. Depending on the project schedule and budget, samples will be analyzed through an on -site laboratory (for very quick turn -around projects) or through a fixed laboratory (standard schedule project). A California -certified laboratory approved by the City will perform all analyses. • Data Analysis and Reporting. Sample analytical results will be tabulated and maps depicting sample collection points and pertinent data will be prepared. The data analysis will include a discussion of the nature and extent of contamination, and recommendations for follow-up work, if needed. Site closure, if appropriate, will be considered following all assessments. Additional assessment, remediation, or health risk assessment will be considered if site closure does not appear to be a viable alternative. All aspects of the Phase II ESA will be conducted under the direct oversight of a California Professional Geologist, or a California Professional Civil Engineer. Our on -staff California Professional Geologist, or a California Professional Civil Engineer, will sign and stamp all assessment reports. 10 EXHIBIT 1 EXHIBIT B FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrunination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, EXHIBIT 1 including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland -Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts -- Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. EXHIBIT 1 (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal govermnent, SAA and/or City purpose; (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the EXHIBIT 1 preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant fluids to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contact, the contractor agrees as follows: EXHIBIT 1 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this EXHIBIT 1 contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. EXHIBIT 1 EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable EXHIBIT 1 Cost Proposal H. Cost Proposal This information is confidential and for the sole purpose of fulfilling the contract information request. Please do not publish. If you have any questions regarding this submittal, please refer those only Deanna Hansen, Lacrissa Davis, or Norma Garcia. Senior Principal $529.99 8/1/2024 7/31/2025 $143.98 0.00% $548.53 8/1/2025 7/31/2026 $149.02 3.50% $567.73 8/1/2026 7/31/2027 $154.23 3.50% $587.60 8/1/2027 7/31/2028 $159.63 3.50% $608.17 8/1/2028 7/31/2029 $165.22 3.50% Principal $322.60 8/1/2024 7/31/2025 $87.64 0.00% $333.89 8/1/2025 7/31/2026 $90.71 3.50% $345.58 8/1/2026 7/31/2027 $93.88 3.50% $357.67 8/1/2027 7/31/2028 $97.17 3.50% $370.19 8/1/2028 7/31/2029 $100.57 3.50% Director $330.48 8/1/2024 7/31/2025 $89.78 0.00% $342.04 8/1/2025 7/31/2026 $92.92 3.50% $354.02 8/1/2026 7/31/2027 $96.17 3.50% $366.41 8/1/2027 7/31/2028 $99.54 3.50% $379.23 8/1/2028 7/31/2029 $103.02 3.50% Senior Supervisor II $281.12 8/1/2024 7/31/2025 $76.37 0.00% $290.95 8/1/2025 7/31/2026 $79.04 3.50% $301.14 8/1/2026 7/31/2027 $81.81 3.50% $311.68 8/1/2027 7/31/2028 $84.67 3.50% $322.59 8/1/2028 7/31/2029 $87.64 3.50% Supervisor 1 $232.23 8/1/2024 7/31/2025 $63.09 0.00% $240.36 8/1/2025 7/31/2026 $65.30 3.50% $248.77 8/1/2026 7/31/2027 $67.58 3.50% $257.48 8/1/2027 7/31/2028 $69.95 3.50% $266.49 8/1/2028 7/31/2029 $72.40 3.50% Senior Professional II $211.80 8/1/2024 7/31/2025 $57.54 0.00% $219.22 8/1/2025 7/31/2026 $59.55 3.50% $226.89 8/1/2026 7/31/2027 $61.64 3.50% $234.83 8/1/2027 7/31/2028 $63.80 3.50% $243.05 8/1/2028 7/31/2029 $66.03 3.50% $199.36 8/1/2024 7/31/2025 $54.16 0.00% Senior Professional 1 $206.34 8/1/2025 7/31/2026 $56.06 3.50% $213.56 8/1/2026 7/31/2027 $58.02 3.50% $221.04 8/1/2027 7/31/2028 $60.05 3.50% $228.77 8/1/2028 7/31/2029 $62.15 3.50% Professional IV $166.34 8/1/2024 7/31/2025 $45.19 0.00% $172.16 8/1/2025 7/31/2026 $46.77 3.50% $178.19 8/1/2026 7/31/2027 $48.41 3.50% $184.43 8/1/2028 7/30/2028 $50.10 3.50% $190.88 8/1/2028 7/31/2029 $51.86 3.50% Professional111 $147.42 8/1/2024 7/31/2025 $40.05 0.00% $152.58 8/1/2025 7/31/2026 $41.45 3.50% $157.92 8/1/2026 7/31/2027 $42.90 3.50% $163.45 8/1/2027 7/31/2028 $44.40 3.50% $169.17 8/1/2028 7/31/2029 $45.96 3.50% Rincon Consultants, Inc. 23 EXHIBIT 1 City of Santa Ana On -call Environmental Review Services for Housing Division Professional)) $134.06 8/1/2024 7/31/2025 $36.42 0.00% $138.75 8/1/2025 7/31/2026 $37.69 3.50% $143.61 8/1/2026 7/31/2027 $39.01 3.50% $148.64 8/1/2027 7/31/2028 $40.38 3.50% $153.84 8/1/2028 7/31/2029 $41.79 3.50% Professional $114.22 8/1/2024 7/31/2025 $31.03 0.00% $118.22 8/1/2025 7/31/2026 $32.12 3.50% $122.36 8/1/2026 7/31/2027 $33.24 3.50% $126.64 8/1/2027 7/31/2028 $34.40 3.50% $131.07 8/1/2028 7/31/2029 $35.61 3.50% Associate III $92.02 8/1/2024 7/31/2025 $25.00 0.00% $95.24 8/1/2025 7/31/2026 $25.88 3.50% $98.58 8/1/2026 7/31/2027 $26.78 3.50% $102.03 8/1/2027 7/31/2028 $27.72 3.50% $105.60 8/1/2028 7/31/2029 $28.69 3.50% Field Technician $110.43 8/1/2024 7/31/2025 $30.00 0.00% $114.29 8/1/2025 7/31/2026 $31.05 3.50% $118.29 8/1/2026 7/31/2027 $32.14 3.50% $122.43 8/1/2027 7/31/2028 $33.26 3.50% $126.72 8/1/2028 7/31/2029 $34.43 3.50% Data Solutions Architect $201.90 8/1/2024 7/31/2025 $54.85 0.00% $208.97 8/1/2025 7/31/2026 $56.77 3.50% $216.28 8/1/2026 7/31/2027 $58.76 3.50% $223.85 8/1/2027 7/31/2028 $60.81 3.50% $231.69 8/1/2028 7/31/2029 $62.94 3.50% Senior GIS Specialist $188.72 8/1/2024 7/31/2025 $51.27 0.00% $195.33 8/1/2025 7/31/2026 $53.06 3.50% $202.17 8/1/2026 7/31/2027 $54.92 3.50% $209.24 8/1/2027 7/31/2028 $56.84 3.50% $216.57 8/1/2028 7/31/2029 $58.83 3.50% GIS Specialist II $146.06 8/1/2024 7/31/2025 $39.68 0.00% $151.17 8/1/2025 7/31/2026 $41.07 3.50% $156.46 8/1/2026 7/31/2027 $42.51 3.50% $161.94 8/1/2027 7/31/2028 $43.99 3.50% $167.61 8/1/2028 7/31/2029 $45.53 3.50% GIS Specialist 1 $147.53 8/1/2024 7/31/2025 $40.08 0.00% $152.70 8/1/2025 7/31/2026 $41.48 3.50% $158.04 8/1/2026 7/31/2027 $42.93 3.50% $163.57 8/1/2027 7/31/2028 $44.44 3.50% $169.30 8/1/2028 7/31/2029 $45.99 3.50% Technical Editor $105.09 8/1/2024 7/31/2025 $28.55 0.00% $108.77 8/1/2025 7/31/2026 $29.55 3.50% $112.58 8/1/2026 7/31/2027 $30.58 3.50% $116.52 8/1/2027 7/31/2028 $31.65 3.50% $120.59 8/1/2028 7/31/2029 $32.76 3.50% Project Accountant $178.74 8/1/2024 7/31/2025 $48.56 0.00% $184.99 8/1/2025 7/31/2026 $50.26 3.50% $191.47 8/1/2026 7/31/2027 $52.02 3.50% $198.17 8/1/2027 7/31/2028 $53.84 3.50% $205.11 8/1/2028 7/31/2029 $55.72 3.50% Billing Specialist $112.75 8/1/2024 7/31/2025 $30.63 0.00% $116.69 8/1/2025 7/31/2026 $31.70 3.50% $120.78 8/1/2026 7/31/2027 $32.81 3.50% $125.01 8/1/2027 7/31/2028 $33.96 3.50% $129.38 8/1/2028 7/31/2029 $35.15 3.50% 24 EXHIBIT 1 Cost Proposal Publishing Specialist $136.59 8/1/2024 7/31/2025 $37.11 0.00% $141.37 8/1/2025 7/31/2026 $38.41 3.50% $146.32 8/1/2026 7/31/2027 $39.75 3.50% $151.44 8/1/2027 7/31/2028 $41.14 3.50% $156.74 8/1/2028 7/31/2029 $42.58 3.50% Clerical $128.83 8/1/2024 7/31/2025 $35.00 0.00% $133.34 8/1/2025 7/31/2026 $36.23 3.50% $138.01 8/1/2026 7/31/2027 $37.49 3.50% $142.84 8/1/2027 7/31/2028 $38.81 3.50% $147.84 8/1/2028 7/31/2029 $40.16 3.50% Rincon Consultants, Inc. 25 AGREEMENT FOR ON -CALL ENVIRONMENTAL REVIEW SERVICES FOR HOUSING DIVISION BETWEEN CHAMBERS GROUP, INC. AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this lst day of July, 2024 by and between Chambers Group, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 11, 2024, the City issued Request for Proposal No. 24-038A ("RFP"), by which it sought environmental documentation and environmental review services for the Housing Division on an as -needed or on -call basis. The RFP shall be incorporated by reference as though attached hereto in full. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide services to the City described in the scope of work that was included in the RFP, which shall be incorporated by reference as though attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in City's RFP, and Consultant's proposal, and detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibit III), also attached hereto as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended shall not exceed $100,000 per year, for a total amount not to exceed $500,000 during the term of this Agreement including any extensions. Page 1 of 9 #392669v1 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two 1-yea r renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #392669v1 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with limit no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses Page 3 of 9 #392669vl paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, P.O. Box 1988, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Page 4 of 9 #392669vl negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 5 of 9 #392669v1 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. Page 6 of 9 #392669v1 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 7 of 9 #392669v1 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Mike McEntee President Chambers Group, Inc. 3151 Airway Avenue, Suite F208 Costa Mesa, CA 92626 Fax: 866-261-3100 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully Page 8 of 9 #392669vl set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney y 4L a �� Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: jioo— Name: Mike McEntee Title: President Page 9 of 9 #392669v1 EXHIBIT A SCOPE OF SERVICES (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. A. General Requirements 1. Consultant shall: i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff. ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules. iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code. v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task. vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities. viii. Have provide electronic copies of all documents as well as physical copies if requested. B. Environmental Noticing Documents & Technical Reports 1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to: i. Phase I and Phase II Environmental Site Assessments ii. Environmental Impact Statements (EIS) iii. Environmental Impact Reports (EIRs) iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5 vi. Lead Risk Surveys vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing ix. Mold Testing x. Sewage & Bacterial Surveys A. Fire, Smoke, and Soot Hazards xii. Remedial Actions xiii. Groundwater Monitoring xiv. Health Risk Assessments (9) CITY OF SANTA ANA xv. Air Quality/Greenhouse Gas Emissions Modeling xvi. Biological Resources Studies xvii. Noise Attenuation/Acoustical Evaluations xviii. Hydrological Studies xix. Cultural Resources Studies xx. Peer Reviews xxi. Initial Study xxii. Categorical Exemption (CE) xxiii. Notice of Exemption (NOE) xxiv. Negative Declaration (ND) xxv. Mitigated Negative Declaration xxvi. Initial Document xxvii. Addendum xxviii. Supplemental xxix. Subsequent xxx. Programmatic xxxi. Notice of Preparation xxxii. Notice of Completion (NOC) xxxiii. Notice of Availability (NOA) xxxiv. Notice of Determination (NOD) xxxv. Notice of Intent (NOI) xxxvi. Finding of No Significant Impact (FONSI) xxxvii. Preliminary Environmental Study Form (PES) xxxviii. Preliminary Environmental Analysis Report (PEAR) xxxix. HUD Environmental Review Online System (HEROS) A. Any other appropriate accompanying technical studies or reports RFP #24-038A: On -Call Environmental Review Services for the Housing Division City of .Santa Ana CHAMBERS GROUP G. Implementation Schedule/Proposed Work Plan Environmental Services (including CEQA and NEPA Document Preparation) The following scope highlights the CEQA and NEPA environmental document process. Detailed scope and deliverables will be provided on a project -by -project basis. Peer Review Applicant and City -prepared CEQA documents and technical studies will be reviewed by Chambers Group to ensure that each resource area has been adequately analyzed and that questions in the CEQA Appendix G checklist have been answered thoroughly. Chambers Group will review any regulatory information pertinent to the project and call out any changes required based on guidelines published by the Office of Planning and Research (OPR) if applicable. Either CEQA- level or detailed technical reviews will be completed on technical studies provided depending on the level of effort needed as directed by the City. Chambers Group will also review City and Applicant prepared documents to ensure compliance with the City's General Plan, City Code, specific City plans, and/or Development Code. CEQA Our experienced group of environmental planning staff has an in-depth understanding of CEO.A that ensures that we are able to determine the correct CEO.A document for the project. Our approach to CECA is always tailored to each individual project; so, based on the project, level of controversy/complexity, and environmental impacts. Public Scoping, Meetings, Hearings, and Participation For typical projects, Chambers Group plans to attend the following: • Project Kick-off meeting with City staff, and other required project attendees + Scoping Meeting (if required) • Public Comment Meeting (if elected) • Public/Community Outreach • Internal meeting prior to Planning Commission meeting • Planning Commission meeting • City Council hearing fora decision on the project (if necessary) Scoping Meeting and/or consultations with agencies are not required by CEQA but can be a useful tool to supplement required scoping periods_ Chambers Group will coordinate with the City, and other agencies deemed appropriate to identify the environmental areas to be evaluated, and the methodological approaches to be used, if requested. A Public Scoping Meeting may be held to present the proposed project to the public and provide them with an opportunity to relay their concerns and suggestions for the environmental studies. A record of these meetings and consultations will be included in the CEQA document. Prior to each meeting, a flyer will be distributed notifying interested people of the workshop. The focus of these meetings will be to prevent surprises later in the process and gather concerns of the: • Project stakeholders; • property owners/occupants adjacent to the project site, and • public interest groups, and other concerned individuals. The information obtained during scoping meetings and public comment meetings are helpful in gathering the required information to properly analyze the environmental document for a project, whether it is a ND, MND and/or Draft EIR/Final EIR. Kick -Off and Scoping Meetings After receiving a notice to proceed (NTP) for a project from the City, Chambers Group will be prepared to meet with the City and other relevant parties such as the City consultants and project Applicant(s), at a Project Initiation/Kick-off Meetingto discussthe project and receive all available project information. Chambers Group will work closely with the City to determine what additional data, if any, must be collected in support of the appropriate CECA document. In addition to CEQA documents, Chambers Group will provide additional related tasks to assist the City such as collaboration with various consultants, State and local agencies, and coordination with the City departments such as the Planning and Building Agency, the Public Works Agency, and the Community Development Agency. Est 1979 13 www.chambelsgioupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana CEQA Document Preparation Chambers Group's will provide the City with a tailored approach that adapts to changes in CEQA case law and any CEQA Guideline updates. Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. For example, the Berkeley Hillside Preservation v. City of Berkeley case gives deference to the lead agency for determining when a project may be exempt from CEQA. The summaries below highlight the general approach of CEQA, other technical services, and general administrative support to the City. Preparing the IS: Preparation of an IS Checklist will be completed to confirm the appropriate environmental documentation for a given project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G in compliance with CEQA Section 15063. Chambers Group will identify issue areas where no impacts, less than significant impacts, or potentially significant impacts would result from the proposed project. Further analyses will be provided for specific resource areas that may be of concern based on the project area or based on technical analyses provided by outside consultants. These include analyses on a project's consistency and applicability to the City's General Plan policies, zoning, and specifications. The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. We understand the importance of being good stewards of public funds and will use our CEQA expertise to ensure that the City is preparing the appropriate CEQA document based on the project impacts and project type. This is our standard approach, but it is understood that in some circumstances an Initial Study checklist is not necessary for support of a Categorical Exemption. If a discussion with the City indicates the project is not a risk for a challenge and is generally supported by the community, the Chambers Group will likely opt to skip the CEQA Checklist tasks while developing a Categorical Exemption. Notice of Exemption (NOE): Chambers Group, in consultation with the City, will determine if there is an appropriate exemption for a project. A project will be analyzed whether it would qualify for a Statutory Exemption (per Article 18) or a Categorical Exemption under the CEQA Guidelines. Exclusions granted by the Legislature would be considered statutorily exempt. An IS may be prepared to confirm the preparation of an exemption or provide supplemental environmental analysis for the project. The exemption may also include other technical studies if required by the project. Chambers Group will file the NOE with the Orange County Clerk Recorder. ND/MND: The process for preparing a ND is the same as a MND with the exception that a Mitigation Monitoring and Reporting Program (MMRP) is not required under an ND. Therefore, only the MND process is described. A MND will be prepared when a project will have a significant effect on the environment, but such effects can be mitigated to a less than significant. If after preparation of the IS, it is identified that one or more significant impacts would occur, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. EIR: Preparation of an EIR is a more detailed process and requires more effort than the preparation of a MND. An EIR would be prepared if there is a potential for significant impacts which cannot be mitigated to a level less than significant or if significant public controversy or scrutiny exists. In which case, an EIR would be the more legally defensible document. Preparing an EIR will require completion of several important steps, from study initiation through development of the project description and Draft EIR, to attendance at public hearings and Final EIR preparation. The process for a more complex EIR would likely include additional scoping meetings (if the project is deemed to be controversial), complexity of technical issues, number of alternatives assessed, possibility of extra internal review cycles, more complexity in responding to public comments for the final document, a more in-depth mitigation monitoring plan, and additional public meetings. "= Est 1979 14 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP NEPA We assume that a majority of the environmental documents for the City will be required to comply with CEQA; however, we have prepared an overview below focusing on compliance with NEPA, should the projects have federal funding or permitting. NEPA Approach The NEPA climate is quickly changing under the current administration, with NEPA regulations being updated more in the past few years than they have since enaction in 1970. Chambers Group staff work hard to stay up to date on the changing regulatory environment surrounding NEPA in order to utilize streamlining opportunities to deliver more concise documents, faster timelines, and lower costs than their competitors. Below is a brief summary of the recent updates to the NEPA regulations and how Chambers Group has adapted. Executive Order (EO)13807 EO 13807 was signed on August 15, 2017 with the purpose of streamlining environmental review and authorization decisions for major infrastructure projects to 2 years. Following EO 13807, the Department of the Interior signed Secretarial Order (SO) 3355 on August 31, 2017 to streamline the NEPA process for all projects in all Interior Departments, followed by many other Secretaries. In a series of memorandums on implementation of SO 3355, page numbers and timelines of EIS and EA documents were limited. EIS documents are required to be 150 pages or less for a standard project and 300 pages or less for unusually complex projects. Additionally, EIS documents must be completed within 1 year from the issuance of a Notice of Intent (NOI). EA documents are required to be 75 pages or less, excluding appendices, and review of the document is required to be concluded within 180 calendar days from commencement. Chambers Group will actively coordinate with the City and other reviewing agencies to create a detailed schedule including submittal deadlines and review periods in order to maintain compliance with SO 3355 time limits. Further, Chambers Group has internal processes in place to budget page limits in accordance with SO 3355. E01392 7: On June 4, 2020, an EO was signed to provide federal agencies the foundation, under the National Emergencies Act, to speed up environmental permitting in response to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. The EO allows agencies totake all reasonable measuresto accelerate actions that will strengthen the economy and return Americans to work, while providing appropriate protection for public health and safety, natural resources, and the environment, as required by law. The leaders of all agencies are directed to use, to the fullest extent possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, analyses that have already been completed, and concise and focused analyses, consistent with NEPA, the Council for Environmental Quality's NEPA regulations, and agencies' NEPA procedures. With this knowledge, Chambers Group staff will pursue streamlined NEPA processes and push project timelines to the greatest extent possible to take full advantage of the allowances under EO 13927. Council on Environmental Quality Revisions to NEPA Rules: On July 16, 2020, the Council on Environmental Quality (CEQ) published their final rule to update the regulations for Federal agencies to implement NEPA for the first time in 40 years. The final rule revises, modernizes, and clarifies the regulations with the intention to facilitate more efficient, effective, and timely NEPA reviews by federal agencies in connection with proposals for agency action. Some key changes to NEPA involve the use of Categorical Exclusions, as well as cumulative impacts and GHG analyses. The final rule provides that agencies may use Categorical Exclusions to define actions that normally do not have a significant effect and may adopt another agency's Categorical Exclusion determination or portions thereof if the two actions subject to the determinations are substantially similar. Additionally, the cumulative impacts analysis is no longer required as part of a NEPA review. With respect to GHG, CEQ explains in the preamble to the final rule that "the analysis of the impacts on climate change will depend on the specific circumstances of the proposed action" and that agencies "will consider predictable trends in the area in the baseline analysis of the affected environment." Although cumulative impact analyses are not required, CEQ clarified that consideration of the cumulative and indirect effects of climate change are not precluded by the final rule. NEPA Literature Review and Scoping Meeting(s): After receiving a NTP from the City, Chambers Group will be prepared to meet with the City and project Applicant(s), when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies. This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS. While it is not necessary to conduct scoping meetings during the preparation of Environmental Assessment, this could be helpful in data collection for a project. NEPA Documents: NEPA Literature Review and Scoping Meeting(s): After receiving NTP from the City, Chambers Group will be prepared to meet with the City's Project Manager and staff, when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies. This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS). While it is not necessary to conduct scoping meetings during the preparation of an EA, this could be helpful in data collection for a project. Categorical Exclusion: There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not limited to statutory exemptions, emergencies, and classified information. Any of these, and some additional exempted actions, may involve the City to some degree, by way of location of the action within the City. Thus, the City may have a role in the NEPA process as a Review Agency, or as a Lead or Co -Lead Agency. As such, the City may be responsible for the preparation of some type of record of environmental consideration, documenting the applicability of the NEPA Categorical Exclusion. EA/Findings of No Significant Impact (FONSI): An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts are anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA would be limited to an analysis of potential significant environmental issues which are identified through a scoping process with the public and review agencies. The EA will include brief descriptions of the need for the proposed project, alternatives to the proposed project, the environmental impacts of the proposed project and its alternatives, and a listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the FONSI that outlines the reasons why the federal agency has concluded that no significant environmental impacts would result from implementation of the proposed action. The FONSI will inform the decision record for the federal agency. EAs and Compliance Findings - 24 CFR Part 580: Chambers Group will prepare an EA in accordance with HUD's format for EA Determinations and Compliance Findings for HUD -assisted Projects (24 CFR Part 58). The EA will be prepared utilizing the format preferred by HUD, which includes the following sections: 1. Project Information 2. Funding Information 3. Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities 4. EA Factors 5. Mitigation Measures and Conditions The analysis of the environmental effects and significance will address direct, indirect, and cumulative impacts of all the alternatives considered. These include the discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6, and environmental assessment factors including land development, socioeconomic, community facilities and services, and natural features as appropriate. Upon completion of the EA, Chambers Group will enter the EA and associated documents into the HUD HEROS. HUD HEROS: To help Responsible Entities facilitate the environmental review process, HUD's Office of Environment and Energy (OEE) has developed HEROS. HEROS is a web -based system for Responsible Entities to prepare and manage their Environmental Review Records (ERR). HEROS applies to all environmental reviews for HUD -assisted projects. HEROS streamlines the environmental review process for Users by replacing the existing paper -based process with a comprehensive web -based system. Users can create electronic Environmental Review Records and manage their reviews from a single, electronic portal. HEROS facilitates easier organization, sharing, and communications between a Responsible Entity and its partners. Chambers Group has experience working within the HEROS system. Est 1979 16 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana EIS: An EIS would be required if a federal action would result in significant effects of the quality of the human environment. Chambers Group would prepare Chambers Group would prepare the NOI for publication in the Federal Register for the Project. The comments received on the NOI will be used to further refine those impact areas that will be analyzed in the EIS, if needed. The comments reviewed will be discussed with the City and federal agency to determine whether the scope of the EIS should be expanded. The NOI, comments received, and all correspondence will be included in the EIS appendices. The EIS will address direct, indirect, and cumulative impacts relevant to the proposed action. Following the public review period, the Final EIS would incorporate comments, responses, and changes to the Draft EIS (DEIS). The EIS process ends with a Record of Decision that outlines that federal agency's decision, describes alternatives considered, and discusses any necessary mitigation or monitoring plans. Technical Studies The following studies and services are in response to services listed in the RFQ, however, if additional studies (such as visual impact assessments and simulations or hydrologic/hydraulic assessments) are required as part of completing CEQA compliance and documentation, we would be happy to provide those services through a combination of in-house and subconsultant personnel. Biological and Resource Technical Reports Biological Resources: Chambers Group's biology team may utilize our deep bench of well-rounded biologists allowing for scheduling of simultaneous tasks at multiple sites. Our biological resources staff hold permits from the USFWS and CDFW for collecting select species, conducting protocol surveys for sensitive species, and following specialized habitat evaluation procedures. The biology staff includes botanists and restoration ecologists who survey sensitive plant species as well as specialize in restoration, revegetation, and soil analysis. In addition, Chambers Group staff are certified to perform wetland delineations. Our staff have conducted numerous database searches, Habitat Assessments, threatened and endangered species surveys, mitigation monitoring, and reports in Orange County. Chambers Group biologists will prepare biological technical documents, develop mitigation measures during the final design to avoid, minimize, and/or compensate for impacts to biological resources, and prepare any required restoration and mitigation monitoring plans. Chambers Group biologists, if requested by the City, will coordinate with wildlife agencies and assist in a full range of consultant services under federal and State endangered species acts. Our staff provides permit assistance for all project aspects (including a USACE Clean Water Act Section 404 permit, CDFW Section 1602 Lake and Streambed Alteration Agreement, and RWQCB Section 401 Water Quality Certification). In addition, our staff will communicate and coordinate with the City's engineer and environmental staff, resource agencies, and construction contractors regarding project schedules and the effects of design changes on the environment. Our staff will anticipate issues and provide solutions to avoid conflict. Should a project involve HUD, biological assessments will include a discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6. Cultural and Paleontological Resources Chambers Group can provide Cultural Site Evaluations, Cultural Resource Mitigation, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) mitigation of Built Environment Resources, Ethnographic Studies, Historic Resource Treatment and/or Mitigation Plans, and Paleontological Resource Recovery, Analysis, and Restoration. Our archaeologists conduct cultural resources studies in accordance with the Secretary of Interior Standards for archaeological investigation. In addition, our archaeologists also: • Manage large programs and multiple concurrent task orders in compliance with Sections 106 and 110 of the NHPA, Archaeological Resources Protection Act (ARPA), and Native American Graves Protection and Repatriation Act (NAGPRA) • Perform National Register of Historic Places (NRHP) evaluations • Prepare Historic Property Management Plans • Work with California SHPO to determine eligibility of historic buildings "= Est 1979 17 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana Additionally, Chambers Group paleontologists have extensive experience in providing services involving initial surveys, mitigation plans, surface collection, construction monitoring, fossil salvage, laboratory preparation, cataloguing and transferring, technical reports, and exhibits. Cultural/Paleontological Assessments: The Chambers Group team has extensive experience in cultural resources management services including, archaeology (both historic and prehistoric), historic structures, and ethnography, and has extensive experience throughout Southern California. Chambers Group brings experience in coordinating with the SHPO, Native American Heritage Commission (NAHC), Native American groups, and other land management agencies such as the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), California Department of Transportation (Caltrans), HUD, USACE, USFWS, and US Forest Service (USFS). Additionally, the team has an excellent working relationship with tribal representatives throughout California. Chambers Group team is prepared to support the City in all areas of cultural resources as required under CEQA, and/or Section 106 of the NHPA, as amended. Should a project involve HUD, cultural and paleontological assessments will include a discussion of the project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6. Archaeological Reconnaissance Surveys: To satisfy State requirements, Chambers Group archaeologists will conduct Archaeological Reconnaissance Surveys (if necessary) of project areas. Our archaeologists are equipped with sub -meter accurate Global Positioning System (GPS) units that can have proposed project boundaries delineated ahead of time to document areas assessed, areas with limited access/visibility, and to develop a sensitivity map based on the literature review and survey. Survey notes include descriptions of the survey area(s), site conditions, and other relevant observations. Archaeological/Paleontological Technical Reports: After completing Archaeological Literature Reviews and Archaeological Reconnaissance Surveys, Chambers Group will prepare project -specific CEQA Archaeological Technical Reports which summarize literature reviews, survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources on the site, (f) recommendations, and (g) references cited. The reports will include current photographs and maps documenting site conditions summary of any archaeological resource findings observed. AB 52 Consultation: Chambers Group will perform AB 52 Tribal Consultation Support on behalf of the City if requested. As the Lead Agency, the City is required to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated Native American tribes within the geographic area(s). Our team will prepare notification letters that include a brief project description and a map of the proposed project. Then, we will consult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts to TCRs. Historical Resources Survey and Documentation: As needed, Chambers Group will conduct historical resources surveys to photo document and assess the current condition of historical resources. The historical resources will be recorded on appropriate DPR 523 series forms. In preparing the DPR 523 forms, the existing condition of the resources will be photographed and described in detail. We will prepare technical reports in compliance with CEQA standards. The reports will include historic contexts, a summary of field methods and results, significance evaluations of historic period resources under appropriate criteria. Air Quality, GHG, and Noise Analysis (Vista Environmental) Vista Environmental will provide the following tasks for conducting an air quality analysis, GHG analysis, and noise analysis for a project. The results of these studies would then be incorporated into the appropriate CEQA document, or in a standalone report. These tasks may vary depending on the project to be analyzed. Vista Environmental is also qualified to provide Energy and HRAs if required for a project. A detailed scope will be provided on a project basis. Air Quality and GHG Analysis: Santa Ana is located within the South Coast Air Basin and the air emissions in the Air Basin are regulated by the South Coast Air Quality Management District (SCAQMD). Specifically, the City is responsible for the assessment and mitigation of air emissions resulting from its land use decisions. The City relies on the expertise of "= Est 1979 18 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana the SCAQMD and utilizes the SCAQMD CEQA Handbook as the guidance document for the environmental review of plans and development proposals within its jurisdiction. Vista Environmental's approach used for air quality analyses are dependent on if it is to be prepared for CEQA, NEPA, or Caltrans standards but typically includes identifying the air quality setting, obtaining the criteria pollutant concentrations from the nearest monitoring station, providing a summary of all applicable air quality regulations, identifying the applicable thresholds of significance, evaluating and quantifying regional criteria pollutant emissions from construction and operations through use of California Emissions Estimator Model° (CalEEMod), evaluating localized criteria pollutant concentrations through use of SCAQMD Look -Up Tables or through use of AERMOD, providing an odor analysis that identifies potential odor sources and sensitive receptors that may be impacted, and determining if anythresholds have been exceeded and, if necessary, providing mitigation to reduce impacts to less than significant levels. The approach used for GHG emissions analyses typically includes identification of GHG pollutants and their impacts to climate change, identification of applicable plans, policies and regulations and thresholds of significance, evaluation, and quantification of GHG emissions from construction and operations through the use of CalEEMod, determination of any thresholds have been exceeded, and if necessary develop mitigation to reduce impacts to less than significant levels, and provide a consistency analysis to determine if the project would conflict with any applicable plan for reducing GHG emissions. Noise Impact Analysis: Vista Environmental's approach used for noise analyses typically includes identifying noise sources in the project study area, obtaining noise measurements of the existing ambient noise levels in the vicinity of the project site, evaluating construction -related noise impacts at the nearby sensitive receptors through use of Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM), utilizing FHWA's RD-77-108 or TNM noise models to model traffic noise increases created by the project, utilizing reference noise measurements and standard drop-off rates or the Sound Plan model to analyze noise impacts from non -transportation noise sources, and determining if anythresholds have been exceeded and, if necessary, providing mitigation to reduce impacts to less than significant levels. Phase I ESA (Converse) Converse will generally follow the standard practices of the American Society for Testing Materials (ASTM) Phase I ESA Process (Standard: E1527-13) and HUD Guidelines. The ASTM Standard E1527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), that is, the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice. The following Scope of Services is proposed: 1. Review of regulatory agency records, aerial photographs, fire insurance maps, city directories, building permits, United States Geological Survey (USGS) topographical maps and other non-standard historical sources. 2. Visual survey of property and adjacent sites for indications of potential for contamination or contamination generators. 3. A reasonable attempt will be made to interview the owner(s), site manager(s), and major occupant(s), and to contact State or local government officials. 4. Prepare report signed by an Environmental Professional for electronic submittal. Phase II ESA and Soil Testing (Converse) The objectives of a Phase II investigation are to: evaluate the likelihood that potentially hazardous materials are present at the site; assess the nature and concentrations of the chemical compounds; assess the vertical and horizontal extent of impacted soil through testing, as well as the impact to groundwater; determine if the subject property will require some form of remediation and evaluate the most feasible remedial alternative to remediate the site. The scope of services for a Phase II investigation is typically based on the results of a Phase I ESA and/or other Phase II investigations. Phase II investigations may include the following: a Geophysical Survey, collection and testing of soil, soil vapor, indoor air, and/or groundwater samples, field screening of samples, and/or laboratory analysis of samples. "= Est 1979 19 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana Converse will generally follow the standard practices of the ASTM Standard Practice for Environmental Site Assessments: Phase II ESA Process (ASTM E1903-19). If a Soil Gas Survey is to be completed, it will be in general accordance with the Advisory -Active Soil Gas Investigations by the California Department of Toxic Substances Control (DTSC) and California RWQCB, dated July 2015. Lead and Asbestos Testing, Monitoring and Clearance (Converse) Asbestos Survey: The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized. 1. Visual survey of the structure on -site for suspect asbestos -containing materials and homogeneous areas (areas that have uniform color, texture, and appearance). If construction plans and/or specifications are available, Converse can review these items to help in the identification of potential asbestos -containing materials (ACMs). Suspect materials will be divided into friable and non -friable materials. The homogenous materials will be placed in one of the following Environmental Protection Agency (EPA) categories: • Surfacing Materials (sprayed or troweled -on materials) • Thermal Systems Insulations (materials generally applied to various mechanical systems) • Miscellaneous Materials (any materials which do not fit in the above categories) Accessible interior and exterior areas will be sampled for the presence of asbestos. Destructive sampling will not be performed. Samples of general building components (i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout the building. Converse will not make a second effort to survey building, or portions of building, not accessible during the field reconnaissance. No destructive sampling methods will be employed during this survey. Therefore, void spaces between walls, floors, ceiling or below soil level will not be observed or sampled. 2. Collect samples of suspect ACMs in representative homogenous areas determined by visual examination and review of plans. Up to 80 bulk samples will be collected following accepted EPA procedures and will be analyzed for asbestos content. The strategy for the collection of asbestos samples will be in accordance with EPA guidance document "Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials," EPA 560/5-85-030a, October 1985, 40 CFR 763 (AHERA), and appropriate air pollution control district regulations. According to Occupational Safety and Health Administration (OSHA) Regulation 29 CFR 1926.1101, a minimum of three samples must be collected of each suspected ACM. 3. During the collection of bulk samples, damage to the materials sampled is often necessary to obtain representative samples. Converse will attempt to collect the bulk samples in inconspicuous locations (behind doors, in closets, in corners); however, it will not always be possible, and sample locations will be visible to the owner/occupant/tenant. Converse will patch interior plaster/drywall sample locations and exterior stucco walls with patching materials. However, Converse will not be held responsible for the quality or usefulness of the patching repairs. Samples of vinyl flooring materials will not be patched but will be encapsulated with spray adhesive. In addition to the bulk samples collected from the interiors of the building, samples will be collected from the roofs and exteriors of the building. However, Converse does require written authorization for roof sampling. Please note that puncturing a roof membrane will typically invalidate any warranty for the roof. In addition, Converse does not guarantee the quality or usefulness of roof patching material. 4. Samples collected will be processed for shipment to an accredited laboratory following Environmental Protection Agency (EPA) protocol and chain -of -custody procedures. Samples at the laboratory will be analyzed, on a normal turnaround basis (5 business days), for asbestos content using polarized light microscopy (PLM). The results of the survey will be evaluated to determine if asbestos -containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain asbestos, and a field generated sample location map. An electronic file (portable document format [PDF] format) of the final document will be provided to the Client. "= Est 1979 20 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana Lead -based Paint (LBP) Survey: The LBP Survey will be limited to the predominant style of accessible components that are present in the building. The survey will be performed using a direct reading x-ray fluorescent (XRF) device. Based on Converse's understanding of the property, and the client's needs, budget and schedule as presented, the following Scope of Services is proposed: 1. Visual survey of the areas for representative painted surfaces. Accessible areas will be surveyed. Samples of general building components (i.e., visually identical surface paints) will be assumed to be representative of materials used throughout the building. 2. The limited survey is intended to identify representative painted surfaces. The survey is not intended to identify all painted surfaces or comply with HUD Guidelines, unless stated elsewhere in final project scope of work. The results of the survey will be evaluated to determine if lead is present in the surveyed paints. The XRF logs will be provided in the final report. The logs will contain the following information: paint color of component tested, type of substrate, lead concentration, and condition of paint. The results of the LBP Survey will be incorporated into the Asbestos Survey Report. Lead Risk Surveys: Converse will follow HUD Guidance Document Chapter 5 for Risk Assessment and Reevaluation. Scope will include: 1. Determine scope. 2. Interview residents and/or owners. 3. Survey building condition. 4. Determine whether units will be sampled and, if so, select units. 5. Conduct visual assessment. 6. Conduct dust sampling. 7. Conduct soil sampling. 8. Conduct paint testing as needed. 9. Sample tap water (optional). 10. Interpret the laboratory results. 11. Analyze data and discuss with client. 12. Prepare report. Limited Polychlorinated Biphenyls (PCB) Caulking Survey. The PCB Caulking Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized as the structure is occupied. 1. Visual survey of the structure on -site for locations and condition of the caulk. Areas to be assessed include: • Caulk used to seal doors, windows and expansion joints including any areas where caulk was removed and/or replaced during past renovations. • Caulk found inside the building on the floor, windowsills, ledges, concrete joints, or other areas. • Interior halls and common use areas, particularly in areas where there is a potential for caulk to be touched or peeled away by a person. • Exterior areas, particularly in areas where there is a potential where the caulk may have impacted soil in a frequently used area such as a garden, play areas, bus stops and children pick up areas. Bulk samples will be submitted to an accredited laboratory and analyzed by EPA Test Method 8082 on a standard turnaround time of 5 to 7 business days. The limited survey is intended to identify representative caulking materials. The survey is not intended to identify all materials. The results of the survey will be evaluated to determine if PCBs are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain PCBs, and a field generated sample location map. Inventory of Other Hazardous Materials: Converse will inventory the following within the building: • Fluorescent Light Fixtures • Thermostats • Drums and/or containers of Hazardous Materials The fluorescent light fixtures will not be disassembled to access and observe the ballasts. Converse will assume one ballast is located within each florescent light fixture. All homogenous light fixtures will be assumed to be the same throughout a particular building. "= Est 1979 21 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana Thermostats will not be disassembled to observe if mercury is present or not. The thermostats will only be inventoried. Drums and/or containers of chemicals or hazardous materials will also be inventoried. Unlabeled drums or containers will not be opened by Converse. The inventory will be provided in a section of the Asbestos and LBP Survey Report. Regulation: Converse understands that it may be required to assist the City in working with various outside governmental agencies, including but not limited to, the applicable planning commissions and departments; the DTSC; RWQCB; SCAQMD; California Department of Education (CDE); Division of the State Architect (DSA); and the Office of Public -School Construction (OPSC). Their many years of experience in this field has yielded the necessary knowledge to nurture such relationships. DTSC: Converse has completed various assessments and documents that were reviewed and approved by DTSC. Their work for the various school districts has included: • Phase I ESAs and CDE Checklists • PEA Workplans, Human HRAs, and Scoping Documents • Removal Action Workplans and Remedial Action Plans • Public Notices and Health and Safety Plans • Quality Assurance Project Plans • Supplemental Site Investigations, Removal Action Workplans & Removal Action Completion Reports The DTSC has a cost recovery program and those completing assessment activities and cleanups under their oversight execute an agreement for cost reimbursement. A phased approach is implemented with components including: • Preliminary Assessment • Soil and Water Investigations • Interim Remedial Measures • Risk Assessments • Establishing Cleanup Goals and Plans • Implementation and Monitoring RWQCB: Like the DTSC, the RWQCB has a cost recovery program. Converse almost always completes the Phase I ESA before the RWQCB is approached. In some cases, it is the findings of the Phase I ESA that initiates the contact (Well Investigation Plan Listing or EPA Superfund Area listed Responsible Party). Converse has completed site investigations and cleanup under the oversight of the RWQCB. SCAQMD: Converse has complied with permitting requirements for various projects and has prepared permit applications and workplans for compliance with landfill clean closure requirements. They have also generated and submitted asbestos cleanup workplans prior to commencing abatement activities. Other Agencies: HUD provides applicable regulation and guidance documents for assessments, surveys, and risk assessments. Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing (2012) will be followed. Phase I and II ESAs will be completed in accordance with HUD guidance documents and ASTM Standards E1527 and E1903. Transportation Assessments (LLG) Vehicle Miles Traveled (VMT) Analysis: LLG will coordinate with City staff to determine if the proposed Project satisfies any of the VMT screening options per the City's guidelines. If screening options are satisfied, LLG will prepare a brief memorandum indicating how the proposed Project satisfies the City VMT screening. If a full VMT analysis is required, LLG will coordinate with City staff to define the study area as the size and shape of the study area can affect the analysis. They will determine the analysis scenarios and confirm the approach for the VMT analysis. Assuming the use of the Orange County Transportation Analysis Model 5.0 (OCTAM 5.0), LLG will conduct with and without project VMT model runs. The without project scenario will assume existing or community plan/general plan land uses. Compare the project VMT for the project against the City VMT. They will determine the project impact Est %1 i 1979 22 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana based on the City CEQAAssessment—VMT Analysis Guidelines. If necessary, LLG will recommend appropriate mitigation measures to reduce the impact. They will provide the project team a toolbox of potential mitigation or project alternatives for consideration in the analysis. Utilize the California Air Pollution Control Officers Association (CAPCOA) standards or the local guidelines and determine if the selected mitigation measures reduce the project's VMT impacts to less than significant. LLG will prepare a draft memorandum, which details all the above -mentioned items, their findings, and conclusions. The draft memorandum will be submitted for the City's review and review by appropriate members of the project team. If necessary, they will update the draft memorandum based on Project team comments and submit a final VMT analysis memorandum to the City. Traffic Impact Analysis (TIA): LLG will confirm the development description of the proposed project with the project team and work schedule. They will coordinate with City staff to confirm the scope of work for the TIA (i.e., number of study intersections). LLG will visit the project study area and inventory existing roadway conditions. They will research existing historical traffic count data at the key study intersections located within the vicinity of the proposed project site. LLG will conduct a.m. peak period and p.m. peak period manual turning movement counts at the key study intersections identified to be evaluated by City staff. They will coordinate with City staff to obtain cumulative project information. They will prepare trip generation forecasts for the proposed Project for a typical weekday over a 24-hour period, as well as for the commuter a.m. and p.m. peak hours. The trip generation forecasts will either be estimated based on the application of trip rates included in Trip Generation, 10th Edition, published by ITE (2017) or based on the operations of the facility. LLG will develop a.m. peak hour and p.m. peak hour "existing plus project", "near -term cumulative plus project" and "long-term plus project" traffic volume projections for the key study intersections. They will prepare a.m. peak hour and p.m. peak hour "existing plus project", "near -term cumulative plus project" and "long-term plus project" Level of Service (LOS) calculations at the key study intersections. Where necessary, the traffic study will identify the appropriate intersection improvements to offset the proposed Project's traffic impacts. LLG will then prepare a draft report that details all of the above -mentioned items, their analysis, findings, and conclusions. The draft report will be submitted for review and review by appropriate members of the project team. If necessary, the report will be updated based on project team comments, and a final report will be submitted to the City. "= Est 1979 23 www.chambersgroupinc.com EXHIBIT B FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Cop3 right - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable RFP #24-038A: On -Call Environmental Review Services for the Housing Division City of Santa Ana Chambers Group Estimated Costs Below are the estimated costs in preparing our services. Service Initial Studies CHAMBERS GROUP Categorical Exemptions/Exclusions Negative Declarations / Mitigated Negative Declarations (including noticing and MMRP) Air Quality / GHG / Energy Analysis / Noise Biological Survey and Technical Memorandum Cultural Report Environmental Permitting Traffic Study (VMT Only or LOS Only) AB 52 Consultation Environmental Mitigation, Monitoring, and Implementation Measures Approx. Cost $7,000 — $15,000* $3,000 - $8,000* $10,000 - $45,000* $4,000 - $10,000* $5,000 - $15,000* $5,000 - $20,000* $8,000 - $25,000* $20,000 - $50,000* $3,000 - $8,000* $10,000 - $30,000* *Actual costs will depend on the project features, level of analysis required, required meetings and public hearings, and level of agency coordination required. Each price is for a stand-alone deliverable. Most assignments included multiple services from the list above. Standard Rate Sheet for Chambers Group follows this page. Chambers Group understands the City will allow escalation of rates for the 5-year term as long as it is supported by the current Consumer Price Index. Est 1979 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP Billing Rates Effective January 2024 STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly `Billing Rates." Billing Rates include fringe benefits, burden, and fee. Staff Title Rate Staff Title Rate Senior Director $260.00 Director $231.00 Project Manager 4 $221.00 GIS Technician 4 $174.00 Project Manager 3 $200.00 GIS Technician 3 $145.00 Project Manager 2 $168.00 GIS Technician 2 $128.00 Project Manager 1 $152.00 GIS Technician 1 $117.00 Environmental Planner 7 $217.00 Cultural Resources Specialist 7 $194.00 Environmental Planner 6 $194.00 Cultural Resources Specialist 6 $171.00 Environmental Planner 5 $184.00 Cultural Resources Specialist 5 $161.00 Environmental Planner 4 $161.00 Cultural Resources Specialist 4 $141.00 Environmental Planner 3 $137.00 Cultural Resources Specialist 3 $123.00 Environmental Planner 2 $124.00 Cultural Resources Specialist 2 $110.00 Environmental Planner 1 $112.00 Cultural Resources Specialist 1 $87.00 Biologist/Botanist 7 $217.00 Technical Editor $116.00 Biologist/Botanist 6 $194.00 Project Controls Specialist $105.00 Biologist/Botanist 5 $184.00 Word Processor $84.00 Biologist/Botanist 4 $161.00 Clerical/Technician $74.00 Biologist/Botanist 3 $137.00 Biologist/Botanist 2 $124.00 Biologist/Botanist 1 $112.00 Restoration Construction Superintendent $110.00 Restoration Specialist 3 $84.00 Foreman / QAL $95.00 Restoration Specialist 2 $63.00 Crew Lead $74.00 Restoration Specialist 1 $53.00 Vista Environmental Senior Analyst Hourly Rate: $140.00 Est 1979 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for the Housing Division City of Santa Ana CHAMBERS GROUP CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Environmental Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Note: This fee schedule is valid through 3129127 or the first three years of the contract for On -Call Environmental Services with Chambers Group/City of Arcadia. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services (hourly rate including vehicle and equipment) Construction Inspector — ACl/ICC and/or AWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing, includes concrete batch plant and local steel fabrication inspections) ............................... $145 DSAMasonry Inspector...........................................................................................................................................................145 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer)..........................................................................................................150 Coating Inspector/Coring Technician.......................................................................................................................................150 Soils Technician (soil, base, asphalt concrete, and moisture emission testing).......................................................................145 SamplePick-Up.........................................................................................................................................................................60 Professional Services (consultation forfield and office, if requested) StaffProfessional................................................................................................................................................................... $145 SeniorStaff Professional..........................................................................................................................................................155 ProjectProfessional.................................................................................................................................................................165 ProjectManager.......................................................................................................................................................................175 SeniorProfessional..................................................................................................................................................................175 PrincipalProfessional...............................................................................................................................................................225 PrincipalConsultant.................................................................................................................................................................235 Laboratory Testing LaboratoryTechnician...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) LaboratorySupervisor............................................................................................................................................................ $100 Office Support ClericalNVordProcessing.........................................................................................................................................................$90 Drafting....................................................................................................................................................................................... 90 CADOperator/Drafting Manager................................................................................................................................................95 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company -owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, togetherwith a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse Consultants PW2024 Enviro "= Est O/Axe 1979 www.chambersgroupinc.com RFP #24-038A: On -Call Environmental Review Services for the Housing Division City of Santa Ana FEE SCHEDULE Effective January 1, 2024 rNIM CHAMBERS GROUP Principals Principal Engineer..............................................................................................$ 298.00 Associate Principal Engineer..............................................................................$ 268.00 Planning/Design Manager..................................................................................$ 249.00 Transportation Engineers Senior Transportation Engineer..........................................................................$ 226.00 Transportation Engineer III................................................................................$ 200.00 Transportation Engineer II.................................................................................$ 171.00 Transportation Engineer I...................................................................................$ 147.00 Transportation Planners Senior Transportation Planner............................................................................$ 200.00 Transportation Planner III.................................................................................. $ 171.00 Transportation Planner II ....................................................................................$ 146.00 Transportation Planner I.....................................................................................$ 130.00 Signal System Specialist Senior Signal System Specialist............................................................................$ 226.00 Signal System Specialist III...............................................................................$ 200.00 Signal System Specialist II................................................................................$ 171.00 Signal System Specialist I..................................................................................$ 147.00 Technical Support Engineering Associate III...................................................................................$ 150.00 Engineering Associate II................................................................................... $ 145.00 Engineering Associate I......................................................................................$ 140.00 Engineering Computer Analyst II.......................................................................$ 138.00 Engineering Computer Analyst I........................................................................$ 109.00 Senior CADD Drafter.........................................................................................$ 140.00 CADD Drafter III...............................................................................................$ 130.00 CADD Drafter II................................................................................................$ 115.00 CADDDrafter I..................................................................................................$ 98.00 Senior Engineering Technician ..........................................................................$ 140.00 Engineering Technician II..................................................................................$ 130.00 Engineering Technician I...................................................................................$ 99.00 Word Processor/Secretary ..................................................................................$ 92.00 EngineeringAide I.............................................................................................$ 70.00 Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with litigation and Court appearances will be quoted separately. Project -related mileage will be billed at the prevailing standard mileage rate as determined by the IRS. Subcontractors and other project -related expenses will be billed at cost plus 15%. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. hLterim and/or monthly statements will be presented for completed work. These will be due and payable upon presentation unless prior arrangements are made. A fmance charge of 1.5% maybe charged each month on the unpaid balance. IQ MLI 2 Executive Circle Suite 250 Irvine, CA 92614 949JO.6175 T 949.825.5939 F www.ligengineers.com Pasadena Irvine San Diego David S. Shender, PE John A. Boarman, PE Richard E. Barrette, PE Keil D. Maberry, PE KC Yellapu, PE Dave Roseman, PE Shankar Ramakrishnan, PE An LG2WB Company Founde 010 Est /�l�` 1979 www.chambersgroupinc.com