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HomeMy WebLinkAboutItem 16 - Agreements for On -Call Environmental ServicesPublic Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Agreements for On -Call Environmental Services AGENDA TITLE Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On - Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five-year terms (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On -Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On -Call Environmental Services on as needed basis: non-federal contract aggregate amount not to exceed $1,500,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 23, 2021, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 21-105, by which it sought the services of a professional engineering firm to provide On -Call Environmental services on an as -needed or "on -call" basis. The RFP was advertised on the City's online procurement management and publication system, with Proposals due on October 21, 2021. Eight proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Firm City Rank Tetra Tech, Inc. Irvine, CA 1 Dudek San Juan Capistrano, CA 2 ECORP Consulting, Inc. Santa Ana, CA 3 Agreement with Tetra Tech, Inc., Dudek, and ECORP Consulting, Inc. March 21, 2023 Page 2 Approval of the recommended action will authorize two sets of consultant agreements for future task orders, depending on the project funding source. For grant -funded projects that require adherence to Caltrans Architecture and Engineering (A&E) requirements, task orders will be issued on the Caltrans version of the on -call agreement (Exhibits 1-3). All other task orders that are funded with local or discretionary funds will utilize the standard version of the consultant agreement (Exhibits 4-6). Based upon the scope of work and selection criteria outlined in RFP 21-105, staff recommends awarding two sets of agreements for each firm listed: one to provide environmental services per Caltrans requirements, and the others to provide services not subject to Caltrans requirements. The firms' proposals demonstrated that they have the necessary capacity and expertise to complete the required services. The consultant's rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the proposals were determined to provide the best value for the City. FISCAL IMPACT There is no fiscal impact at this time. PWA will follow the established on -call services process during the FY 2023-24 - FY 2025-26 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared $1,500,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. The current fiscal year funding is available in the FY 22-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Agreement with Tetra Tech, Inc., for On -Call Environmental Services— Caltrans Version 2. Agreement with Dudek for On -Call Environmental Services — Caltrans Version 3. Agreement with ECORP Consulting, Inc., for On -Call Environmental Services — Caltrans Version 4. Agreement with Tetra Tech, Inc., for On -Call Environmental Services 5. Agreement with Dudek for On -Call Environmental Services 6. Agreement with ECORP Consulting, Inc., for On -Call Environmental Services Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, Tetra Tech, 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 September 23, 2021 the City issued a Request for Proposal ("UP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. Page 1 b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. 1. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement maybe extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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. 7. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 5 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work Page 6 or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Page 7 If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their 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 Page 8 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 Page 9 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 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Page 10 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Mike Koester, CHMM, REP Vice President Tetra Tech, Inc. 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614 Fax: 949.809.5010 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts Page 11 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Page 13 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national Page 14 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be Page 15 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. herein in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and Page 16 projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, Page 17 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND TETRA TECH, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney NATHAN T. TINEZ Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT MIKE O TER Vice Presi nt Tetra Tech, Inc. Page 19 EXHIBIT A SCOPE OF SERVICES Page 20 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Stud • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Stud • Mitigated Negative Declaration • Geological/Soil Stud • Notice of Preparation • H drolo /Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Stud • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Pre aration of Statement of City of Santa Ana RFP 21-105 Page Al-1 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https://dot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot.ca. gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) Page 21 A&AV It " � A —CLEAR SLOPE. GRADE. AND F at I Ms ST. EM7STWQ TREES. CONSTRUCT PR V 0 \ - STAMPED CONCRETE SLOPE AV 3IT- \ _ ^r PROTECT OR REPLACE EXISTING NG T OR REPLACE .TING FENCING r T + DSEO FENCING` ` - PROTECT DR REPLACE ) 'I ` rr a )' ORMWATER —� C — _ ///"""''' / EXISTING FENCING y F 1. I�TREATMENT IMPROVEMENTS ` 1 �� - STASQDP ANDKIR INS' -- • Lj -- DRAINAGE IMPROVEMENTS o` GEAR SLOPE, GRADE. AND REMOVE EXISTING TREES. CONSTRUCT PROPOSED STAMPED CONCRETE 9LOPE PAVING. - + z LACE EXISTING FT9iCRIG � � lk I rR'M' FIRST ST ----- ----�— \ PRCPV:.EG FENI:fl.G L PROTECTRM OR REPLACE �� / EXISTING FENCING 1 T— OTETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Table of Contents SECTION 1 STATEMENT OF QUALIFICATIONS......................................................................................... 1 SectionA Cover Letter............................................................................................................................... 1 Section B Contract Agreement Statement.................................................................................................. 2 Section C Firm and Team Experience........................................................................................................ 2 Section D Understanding of Need.............................................................................................................. 7 Section E Relevant Project Experience.................................................................................................... 10 SectionF References............................................................................................................................... 15 SECTION 2 SCOPE OF SERVICES AND SCHEDULE.............................................................................. 15 ProjectInitiation........................................................................................................................................ 15 Draft Initial Study and Required Technical Studies.................................................................................. 15 TechnicalStudies..................................................................................................................................... 16 On -call Staff Consulting............................................................................................................................ 18 Draft Environmental Document................................................................................................................ 18 NEPADocuments..................................................................................................................................... 19 Attendanceat Meetings............................................................................................................................ 19 EstimatedSchedule.................................................................................................................................. 20 SECTION 3 FEE PROPOSAL......................................................................................... Submitted Separate APPENDIX A RESUMES APPENDIX B CERTIFICATIONS City of Santa Ana TETRA TECH OTETRA TECH SECTION 1 STATEMENT OF QUALIFICATIONS October 21, 2021 City of Santa Ana Attn: Sean Thomas Public Works Agency, M-36 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Reference: On -Call Environmental Services, RFP #21-105 Dear Mr. Thomas: Tetra Tech, Inc. (Tetra Tech) is pleased to submit our response to the Request for Proposals (RFP) by the City of Santa Ana Public Works Agency to provide as -needed environmental services for the City of Santa Ana Public Works Agency. We have valued the opportunity to work with the City of Santa Ana (City) through past and currently on -going projects and appreciate the opportunity to present our qualifications for this important project contract. Extensive Southern California Business Experience — Founded in 1966, Tetra Tech is a world -class environmental and engineering services corporation based out of Pasadena, California. Tetra Tech includes environmental professionals who, individually, represent decades of experience in successfully completing environmental documentation for hundreds of southern California projects, including projects located in the City. In addition, our Irvine office is located approximately 6 miles from the City's Civic Center. Highly Qualified Team — We have assembled a remarkably well -qualified team to meet and exceed the full - range of services required by the City to provide on -call environmental services. Our team has depth of experience in a wide variety of public and private sector projects. Our project manager, Ms. Paula Fell, has extensive experience with all types and levels of California Environmental Quality Act/National Environmental Policy Act environmental assessment. She has over 28 years of practice managing complex projects, programmatic and/or multi -stage, phased development projects, fast -tracked projects, and controversial projects. She has recently managed preparation of several environmental documents for City projects. Our Team will include UltraSystems Environmental, Inc., who will support Tetra Tech's air quality, greenhouse gases, biological resources, cultural resources, and noise experts. As a Disadvantaged Business Enterprise (DBE), UltraSystems Environmental, Inc. will facilitate the City in meeting its DBE goal. Our team is ready and available to serve the City on all Task Orders, large and small, simple, and complex, prominent, or not. Authorized Individual Representing the Tetra Tech Team: I, Mike Koester, have the authority to represent the Tetra Tech Team and commit personnel and resources for the completion of this important environmental evaluation. I attest that all information submitted with the proposal is true and correct. Very truly yours, TETRA TECH, INC. Y"y Mike es r, CHMM, REP Vice President — Midwest, Rockies and California Operation Enclosures Tetra Tech, Inc. 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614 Tel 949.809.5042 Fax 949.809.5010 tetratech.com PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Section B Contract Agreement Statement Tetra Tech has reviewed the agreement provided in "Attachment 2" of the Request for Proposals for On - Call Environmental Service and has the ability to meet the project contracting requirements and conditions. Section C Firm and Team Experience Year Founded: 1966 Form of Organizatior. Corporation Total Number of Employees: 21,000 Number of Employees in Irvine Office: 300 Size and Location of Offices: 450 offices worldwide Tetra Tech, Inc. (Tetra Tech) is a world -class environmental and engineering services company. Our team of professionals includes a broad range of scientists, planners, and engineers who possess skills, technical expertise, and detailed understanding of the regulatory requirements of the environmental impact assessment process. The selected personnel are highly experienced in all aspects of the permitting and regulatory process of local, state, and federal resource agencies. Tetra Tech has a focused practice for environmental planning services located in our Irvine Office that includes a core group of senior managers, planners, engineers, global information system specialists, visual analysis specialists, public outreach specialists, and other technical specialists. This project will be managed and directed from our Irvine office location: 17885 Von Karman, Suite 500. The primary contact for this project contract will be Ms. Paula Fell, Project Manager/Senior Environmental Planner; telephone 310.497.6684; email; Paula. Fell(a-tetratech.com. The Irvine Office is supported by more than 1,400 professionals in multiple discipline categories located in various offices in southern California (including San Bernardino, Diamond Bar, Los Angeles, San Diego, Santa Barbara, and our Corporate office in Pasadena). These individuals will be available to conduct resource surveys, evaluations, or technical studies as needed. Regardless of the scope of an assigned task, or subsequent requirements for project evaluation, staff will be available to support your project contract. Tetra Tech has significant recent local experience on public works projects, including City Public Works Agency Projects. These projects include the First Street Stabilization Project, the Well 32 and Pipeline Project, the Washington Well Project, and the Well No. 39 Hydro -generator Unit Replacement Project. SUBCONSULTANT: ULTRASYSTEMS ENVIRONMENTAL, INC. Tetra Tech has selected UltraSystems Environmental Inc. (UltraSystems) to UltraSystems assist with the air quality, greenhouse gases (GHG), biological resources, e­ronmenta!-Tanagem. ent-pIann g cultural resources, and noise analysis scopes. Established in 1994, UltraSystems is a planning and environmental consulting firm serving public and private sector clients throughout California. Their 42 employees bring a broad range of expertise and extensive experience to our preparation of environmental documents and technical studies in full compliance with California Environmental Quality Act (CEQA) and its attendant State CEQA Guidelines. The firm is headquartered in Irvine, California. Currently the firm holds certification as a federal DBE, Small Business Enterprise (SBE), Woman owned Business Enterprise (WBE) and federal Woman owned Small Business (WOSB). UltraSystems employs a multidisciplinary team of talented and highly experienced urban and environmental planners, scientists, archaeologists, biologists, geologists, hydrologists, engineers, Geographic Information Systems (GIS) specialists and support staff. City of Santa Ana 2 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Tetra Tech staff bring a combination of corporate knowledge, experience with City projects, practical experience, and a thorough understanding of the CEQA/National Environmental Policy Act (NEPA) and associated technical studies process. Key team personnel shown on the organization chart (Figure 1), followed by brief resumes for these personnel. Full resumes are presented in Appendix A. Figure 1 Organization Chart Availability percentage indicated for key personnel below, all other staff will have 80 % or greater availability when needed by the City. Mike Koester (20%) Derrick Coleman PhD (90%) PROJECT- eE, Connie Farmer (40%) Paula Fell (60%) CEQA/NEPA Cultural Resources Biological Resources Paula Fell Jenna Farrell (60%) Michelle Bates (35%) Derrick Coleman, PhD Julia Mates Amy Noddings Randy Westhaus (40%) Erin King Amanda Beck Connie Farmer UltraSystems UltraSystems Air Quality/GHG Jeffrey Harrington (40%) Tiffanie Ramos UltraSystems (35%) Hazards/ Hazardous Materials Carl Lenker, PE (60%) Jay Neuhaus, PG Noise Kevin Fowler (40%) Chris Hulik Geology/Hydrology/ Mineral Derrick Coleman, PhD Jay Neuhaus, PG (60%) Utility/Sewer Study Neha Gajjar, PE (40%) Laurence Esguerra, PE (40%) Erica Jenkins Water Assessment Ken Berard, PE (40%) Adrian Lee, PE (40%) Public Outreach Lindsay Southerland Max Pivonka Traffic Perry Patton Eric Mathers FAA and ALUC Drew Timmis Preliminary Engineering Nate Schreiner, PE (40%) @II EDUCATIONAL BACKGROUND: MS, Environmental Sciences, California State University POSITION WITH TETRA TECH: Senior Environmental Planner/ BA, Biological Sciences, Kansas State University Project Manager PROJECT ROLE: Project Manager - Environmental Services EXPERIENCE: Ms. Fell has over 28 years of experience preparing environmental documents and over 22 years as a senior manager. She has managed complex projects, including programmatic and/or multi -stage phased development projects, fast -tracked projects, and controversial projects. Recent experience includes two large multi -stage phased development projects with substantial park and recreation features in Loma Linda prepared under fast - tracked timelines. She has prepared and managed CEQA/NEPA documents including Initial Studies (ISs), City of Santa Ana 3 TETRA TECH 10 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 tracked timelines. She has prepared and managed CEQA/NEPA documents including Initial Studies (ISs), Mitigated Negative Declarations (MNDs), Environmental Impact Reports (EIRs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs), for projects throughout California on behalf of federal, state, regional, and local agencies and private clients. Her expertise also includes data collection and analysis on environmental issues such as visual resources, land use, public services, biological resources, socioeconomics, recreation, and utilities. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA • First Street Stabilization Project Categorical Exemption (CATEX), Santa Ana, CA • Water Well No. 39 Hydro -generator Unit Replacement Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA • Adventure Park Multi -Benefit Stormwater Capture Project Addendum to PEIR, Whittier, CA • Santa Ana River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA • City of Huntington Beach, Water Well Project IS, Westminster, CA LICENSES, REGISTRATIONS, & CERTIFICATES: EDUCATIONAL BACKGROUND: PhD Geomorphology, Johns POSITION WITH TETRA TECH: Senior Project Manager MSHA 24-Hour trained, 2017 MSHA 8-Hour Refresher, 2018 Hopkins University BA Physical Geography, PROJECT ROLE: Environmental Services, University of California, Geological/Soil Study, Berkeley Mineral Resource Study, Hydrology/Water Quality Study EXPERIENCE: Dr. Coleman is a Senior Project Manager who has over 30 years of experience in environmental consulting, primarily focused on water resource evaluations and NEPA/CEQA assessments. He has managed preparation of numerous environmental document projects for commercial -scale alternative energy projects, as well as contributed to assessment documents as a technical lead for geology and soils, and/or water resources. Dr. Coleman's technical specialization is in geomorphology and hydrology. He has applied his expertise in fluvial geomorphology to erosion and sedimentation analyses, flood plain delineation and evaluation, wetlands delineation (the surface water -groundwater interface), and archaeological geomorphology. His hydrology experience includes engineering design of surface drainage systems, environmental contaminant evaluation (primarily soils and groundwater), environmental impact assessments, and underground storage tank investigations. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA • First Street Stabilization Project CATEX, Santa Ana, CA • Water Well No. 39 Hydro -generator Unit Replacement Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA • Santa Ana River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA • City of Huntington Beach, Water Well Project IS, Westminster, CA City of Santa Ana 4 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Randy T. Westhaus, PE EDUCATIONAL BACKGROUND: MS, Civil Engineering, Carnegie Mellon University POSITION WITH TETRA TECH: Director BS, Chemical Engineering, Stanford University PROJECT ROLE: Environmental Services EXPERIENCE: Mr. Westhaus has over 42 years of experience in mechanical, nuclear, and environmental engineering. He has managed several multidisciplinary environmental projects involving environmental assessments, environmental planning studies under the CEQA and NEPA, indoor air quality studies, pollution prevention (P2), waste minimization, water quality, environmental audits and permitting, remedial investigations, feasibility studies, remedial designs, Resource Conservation and Recovery Act, closures, and risk management programs. Mr. Westhaus was the Lead Project Manager for a 5-year Master Service Agreement contract with Los Angeles Unified School District to provide CEQA and NEPA services. Tetra Tech successfully completed five CEQA projects under this contract. Each project was completed on time and within budget. The South Region Elementary School Number 10 IS and EIR were completed on an extremely accelerated schedule. Mr. Westhaus oversaw the Tetra Tech project managers and CEQA document preparation in an efficient manner to ensure accelerated deadlines were met. REPRESENTATIVE PROJECT EXPERIENCE: • Widening of Los Angeles Avenue Project IS/EA, Moorpark, CA, Caltrans District 7 • Santa Fe Drive Corridor Bike and Pedestrian Improvement Project Preliminary Environmental Study (PES), Encinitas, CA • Adventure Park Multi -Benefit Stormwater Capture Project Addendum to PEIR, Whittier, CA • Culver Boulevard Realignment and Stormwater Treatment Project IS/MND, Culver, CA • Caruthers Park Stormwater and Urban Runoff Capture Project IS/MND, Bellflower, CA • Goleta Sanitary District's Wastewater Treatment Plant Upgrade IS/MND, Goleta, CA EDUCATIONAL BACKGROUND: BA, Anthropology/Archaeology (Minor: Native American POSITION WITH TETRA TECH: Archaeologist Studies), Humboldt State University MA, Anthropology -in progress, California State University PROJECT ROLE: Cultural Resource Study, Sacramento Historical Resource Assessment EXPERIENCE: Ms. Farrell has 21 years of experience in cultural resource management including prehistoric and historic archaeology, traditional cultural properties, and historic architecture and structures. She is a permitted Principal Investigator for the Bureau of Land Management (BLM) in Nevada and a BLM permitted Field Director for California and is certified and listed as an archaeology consultant for Orange County and San Diego Counties in California. Among this experience are three years in a supervisory capacity in support of regulatory compliance programs for energy, transportation, mineral and water resources development, commercial, public utility, and state and federal agency clients. Ms. Farrell has worked on several Class I, II, and III inventory projects for the BLM. She has conducted extensive literature reviews, archaeological inventories, laboratory analysis, testing, and California Register of Historical Resources and National Register of Historic Places evaluations. She also has consultation experience with State Historical Preservation Offices, public, various federal and state agencies, and Native American Tribes. Ms. Farrell is experienced with Section 106 of the National Historic Preservation Act, NEPA, Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, American Indian Religious Freedom Act, CEQA, and various other federal and state agency -specific cultural resources management directives. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA City of Santa Ana 5 T, PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 • First Street Stabilization Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA na River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA WW LICENSES, REGISTRATIONS, & CERTIFICATES: EDUCATIONAL BACKGROUND: BS, Environmental Engineering, POSITION WITH TETRA TECH: Project Manager Registered California PE No.C70879 No. 74974 (2009) California Polytechnic State University, San Luis Obispo PROJECT ROLE: Preliminary Engineering Qualified Stormwater Pollution Prevention Plans (SWPPP) Developer (QSD), Certificate No. 74974 EXPERIENCE: Mr. Schreiner is a civil engineering project manager at Tetra Tech's office in Irvine, California. He manages domestic projects on behalf of government clients, applying a successful 15-year history of project management, hydrologic and hydraulic modeling, civil engineering design, condition assessments of a variety of infrastructure, and cost estimating. He most recently served as project manager for numerous on -call contracts with various public agencies in the Southern California area including Orange County Public Works, L.A. Metro, City of L.A., John Wayne Airport, Riverside County Transportation Commission, and Los Angeles County Department of Public Works. As a QSD, Mr. Schreiner has ample experience with providing SWPPP for construction activities. REPRESENTATIVE PROJECT EXPERIENCE: • First Street Stabilization Project, Santa Ana, CA • First Street Pedestrian Improvements, Santa Ana, CA • Lincoln Avenue Pedestrian Pathway, Santa Ana, CA • Complete Streets Projects (TOS-1), Los Angeles, CA • Vermont Avenue Stormwater Capture and Green Street Project Phase 2, Los Angeles, CA • Silver Lake Reservoir Stormwater Capture Project, Los Angeles, CA • Caruthers Park Stormwater and Urban Runoff Capture Project, Bellflower, CA UltraSystems The UltraSystems project team has experienced senior staff (many with more than 30 years of technical expertise). All key personnel have proven experience managing projects within Orange County. UltraSystems project team key task leads are noted below. Ms. Lindsay oversees the quality assurance program, and all matters relating to the contract, and contract execution. Ms. Lindsay has over 35 years of experience, has successfully prepared over 400 environmental documents for a broad spectrum of projects, and has managed over 20 large-scale, on- call/as-needed contracts that have encompassed thousands of task orders relating to public agency projects. Ms. Lindsay is able to communicate with clients, facilitate teams, manage personnel including resource allocation, work collaboratively with agencies, run meetings for clients, provide strategic thinking, and most importantly, get projects built for clients. EDUCATION ❖ M.S., Urban and Regional Planning, California State Polytechnic University, Pomona, CA ❖ B.S., Geography, California State University, Long Beach, CA RELEVANT EXPERIENCE • County of Orange, OC Loop Segments O, P, Q — IS/MND and CE • South Gate, Garfield Improvements — PES • City of Bell, Gage Avenue Bridge over the Los Angeles River— IS/MND City of Santa Ana 6 TETRA TECH 10 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 • City of Fontana, Foothill Widening Malage Bridge — IS/MND, PES • Kings County, KART Transit Project, Hanford, CA - IS/MND and EA/FONSI City of Commerce, Transit Maintenance Facility — IS/MND and CE PROFESSIONAL REGISTRATIONS, LICENSES AND AFFILIATIONS Institute of Sustainable Infrastructure, Envision Sustainability Professional Dr. Michael Rogozen has over 45 years of environmental consulting experience in California, and manages the UltraSystems' Air, Noise, and Greenhouse Gas Group. His experience includes permitting, ambient monitoring, dispersion modeling, health risk assessment, design of pollution control technology, evaluation of air pollution control alternatives, development of air toxics emission inventories, calculation of GHG emissions, offsite consequence analysis, design of environmental databases, survey design, source test design and analysis, subsurface methane investigations, and regulatory analysis. Dr. Rogozen has the experience to critically evaluate the work of experts in a variety of technical disciplines and has developed a comprehensive quality assurance/quality control Program for UltraSystems environmental documents. He has prepared Caltrans documentation for numerous projects, including PESs, air quality reports, project -level conformity analyses, POAQC determinations, and initial site assessments. He has also managed several projects that have included historic property survey reports and archeological survey reports by UltraSystems staff. EDUCATION ❖ D.Env. Environmental Science and Engineering, University of California, Los Angeles, CA ❖ M.S., Systems Engineering, University of California, Los Angeles, CA ❖ B.S., Engineering, University of California, Los Angeles, CA RELEVANT EXPERIENCE • County of Orange, OC Loop Segments O, P, Q — IS/MND and CE • Environmental Compliance for OC Streetcar Construction, Santa Ana, CA • Preliminary Environmental Study, Imperial Highway Traffic Signal Upgrades and Safety Enhancements Project, Downey, CA • Dogwood Road Bridge Replacement Over Central Main Canal, Imperial County, CA • Preliminary Environmental Study and Technical Studies Crosswalk Upgrades Project, Moreno Valley, CA • PES, Air Quality, Initial Site Assessment and Cultural Studies, Inglewood Avenue Corridor Widening Project, Lawndale, CA Section D Understanding of Need Tetra Tech understands the City's goals to efficiently and effectively build and maintain all public streets, storm drains, sewers, and water facilities in the City while protecting environmental resources. Tetra Tech is very familiar with the City's current and planned public works projects including First Street Improvements Project, Lincoln Avenue Pedestrian Pathway Project, Well 32 and Pipeline Project, and the Washington Well Project. Tetra Tech is committed to providing the City of Santa Ana a team that can demonstrate strong performance in environmental services to meet all the demands of the anticipated projects and ultimately to deliver a successful project. Environmental stewardship must be a key component in the design and implementation of public works projects. The CEQA and NEPA processes and requirements vary significantly from project to project presenting unique challenges in ensuring compliance with all environmental regulations. Additionally, the public comment periods can impact the processes thus lengthening schedules and increasing costs. Our City of Santa Ana 7 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 team provides an experienced group who have prepared CEQA and NEPA documentation on similar types of projects throughout Southern California. Our public outreach and early intervention and collaboration with the public will assist in identifying red flag community issues early in the project design process, providing the City and project design team the opportunity to address the concerns through design or mitigation before the issues become intertwined with the CEQA or NEPA processes thus speeding up the project adoption and compliance with all CEQA and NEPA concerns. Two primary qualities our team takes pride in is our attention to detail and breadth of professional knowledge and experience of staff. The environmental analysts on our team work very closely with project proponents, CEQA and/or NEPA lead agencies, and other regulatory agencies to ensure timely completion of environmental documents and permits even under tight schedules. We know and understand the importance of collaborating between the planning and design teams at the beginning of the project's design life so that environmental impacts and constraints can be taken into consideration early in the planning process. Environmental Services Tetra Tech assists clients in navigating the complex requirements of the CEQA and NEPA assessments and documentation processes with a combination of activities. Project: thoroughly understanding project objectives, planning and design details, implementation activities, and long-term operation and maintenance requirements. Environment: identifying all aspects of the local setting (both natural and engineered) that could be affected by the proposed project, thereby providing an appropriate level of detail to evaluate current conditions of resources and systems. Impacts: identifying and evaluating the potential intersection of project and environment to assess the significance level of possible impacts. At Tetra Tech, we begin at the earliest stage of a project by applying science to problems and developing solutions tailored to the needs of our clients and the details of the project under evaluation. We continue to support our clients throughout the entire project life cycle with consulting, engineering, construction management, operations and maintenance, and IT services —offering these services individually or as part of a full -service approach. Environmental Documentation The Tetra Tech Team has worked on numerous assessment contracts evaluating potential impacts from proposed projects as lead for CEQA and NEPA document preparation, as the consultant responsible for technical studies and resource surveys that support the impact assessments, and as the consultant providing peer review of documentation. We can prepare all types of CEQA and NEPA documents from CATEX through IS/Negative Declaration (ND) or MND, EA/Finding of No Significant Impact to EIR and EIS. We have also prepared EIRs and EISs for large projects with greater potential environmental impacts and a commensurate need for a higher level of assessment. The Tetra Tech Team has depth of experience in a wide variety of public and private sector projects. A summary of our general approach to environmental services projects is provided in Table 1. A more detailed description of our approach to each task is provided in Section 2 of this Proposal. City of Santa Ana $ TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 1. Project Initiation Tetra Tech will attend a kick-off meeting City staff to determine the format and structure of the environmental document, discuss the project schedule and project scope, and obtain project information from the City to develop the project description. Tetra Tech will prepare a project description and schedule. 2. Notice of Preparation Tetra Tech will prepare, distribute, and file the Notice of Preparation for (when required) the project. 3. Scoping Meeting (when Tetra Tech will assist City staff with conducting a scoping meeting for the required) project. 4. Administrative Draft Tetra Tech will prepare an administrative Draft IS/MND or EIR. This will Document include technical studies 5. Public Review Draft Tetra Tech will respond to City comments on the administrative Draft Document IS/MND or EIR, complete revisions, and prepare and distribute the Draft IS/MND or EIR and the required notices for public review. 6. Administrative Final Tetra Tech will prepare draft responses to all comments received during Document the Draft IS/MND or EIR public review period. Tetra Tech will prepare an administrative Final IS/MND or EIR including any changes, clarifications, or additions to the Draft IS/MND or EIR required in conjunction with the responses to comments. Tetra Tech will respond to City comments on the administrative Final 7. Final Document IS/MND or EIR, complete revisions, and prepare and distribute the Final IS/MND or EIR. 8. Meeting Attendance Tetra Tech will attend a kick-off meeting. Depending on the needs of the project, Tetra Tech will help the City prepare for and conduct public meetings and/or hearings. 9. Mitigation Monitoring Tetra Tech staff will prepare a Mitigation Monitoring and Reporting and Reporting Program Program, as needed. 10. CEQA Notices Tetra Tech will prepare, distribute, and file appropriate notices. 11. CEQA Findings As necessary, Tetra Tech will prepare the. Findings of Fact and Statement of Overriding Considerations Project Management Tetra Tech has earned an excellent reputation among clients for accomplishing quality work within critical time limits and on budget. Our approach to project management includes consistent communication and feedback and the implementation of a project management plan that consistently tracks tasks, budgets, schedules, and deliverables. We use our proven integrated project schedule tracking process. This process facilitates "critical path" scheduling and provides solutions to attain final deliverable dates should the schedule for any intermediate work element along the critical path slip. We ensure that the team assigned to a project meets the two basic capacity requirements —sufficient number of appropriate and experienced staff and an appropriate mix of qualifications and experience to perform the array of tasks within the scope of work. To maintain established schedules, we use monthly progress reports to identify upcoming critical paths. The progress report is a monthly summary of all critical cost and schedule parameters, including analyses City of Santa Ana 9 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 of variances that exceed established thresholds and projections for at -completion budgets and cost variances. The Project Management Team will control and monitor the project and will coordinate and maintain regular contact with the City to communicate project status and progress. The Project Management Team will identify and justify any unforeseen proposed schedule changes and will establish internal due dates in advance of deadlines for deliverables to the City; this will provide ample time for internal editorial and technical review. Section E Relevant Project Experience We believe the best reference of our experience is our past and current performance on these featured projects, providing services similar to those required for the On -Call Environmental Services contract. The table below highlights key and relevant tasks we performed on these projects which demonstrates our team's qualifications and specialized expertise. TABLE 2 RELEVANT PROJECT HIGHLIGHTS L D O L 0 If LL 0 U , CLIENT ° =3 m Well 32 Rehabilitation and Pipeline City of Santa Ana X X X X X X Project Public Works Agency Well l 12, Well 14, and Pipeline Mesa Water District Project X X111111111111 M ■ ■ ■ ■ Well No. 39 Hydro -generator Unit City of Santa Ana X X X X Replacement Project CATEX Public Works Agency C Adventure Park Multi -Benefit Stormwater Capture Park Project Los Angeles County X X PEIR Addendum Public Works 17 Central Park Master Plan Update City of Rancho4mv X X Revision Project PEIR Cucamonga Central Park Amphitheater Project City of Rancho■ X� Cucamonga Santa Ana River Interceptor Line Orange County Flood X Mr X6mr, X Relocation Project Control District City of Huntington Beach Water City of Huntington X� X X X Well Project Initial Study Beach Washington Avenue Well Project City of Santa Ana X No X X X IS/MND Public Works Agency , First Street Stabilization Project City of Santa Ana �Nox X CATEX Public Works Agency MiN1111 1951 Cohort Pipeline Replacement Mesa Water District X X Project Crown Valley Pipeline Moulton Niguel Water �am Replacements Project IS/MND District X � �X X X X City of Santa Ana 10 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Tetra Tech has considerable experience preparing environmental documents for projects under CEQA (as well as NEPA). Table 3 lists specific projects as examples of our recent and completed relevant project experience. Current, on -going relevant projects are presented in Table 4. Project experience for our subconsultant, UltraSystems is shown in Table 5. Well 32 Provided engineering Rehabilitation and design services and Pipeline Project prepared IS/MND and IS/MND and NEPA NEPA documentation documentation. for the rehabilitation of 2801 North existing Well No. 32 and Westwood Avenue, construction of a new Santa Ana, CA above ground well building and 2020 approximately 3,250 linear feet of new pipeline. Well 12, Well 14, Provided engineering and Pipeline Project design services and IS/MND prepared an IS/MND for 4011 W. Chandler two new water supply Avenue and wells and pipelines. 3120 S. Croddy Way, Santa Ana, CA 2019 Well No. 39 Hydro - generator Unit Replacement Project CATEX 2401 N. Bristol Street, Santa Ana, CA 2020 Prepared a CATEX for the replacement of a hydro -generator unit for the Well 39 building at the John Garthe Reservoir and Pump Station facility. City of Santa Ana, Paula Fell — CEQA Project Public Works Agency Manager Contact: Armando Derrick Coleman — CEQA Fernandez, PE, Senior Support, Quality Assurance/ Civil Engineer Quality Control Phone: 714.647.5629 Amanda Beck — Biological Email: Resources Afernandez@santa- Jenna Farrell — Cultural ana.org Resources Erin King — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Mesa Water District Paula Fell — CEQA Project Contact: Phil Lauri, PE Manager Assistant General Derrick Coleman — CEQA Manager Support, Quality Assurance/ Phone: 949.631.1291 Quality Control Email: Jenna Farrell — Cultural phil@mesawater.org Resources Kevin Fowler — Noise Amy Noddings — Biological Resources City of Santa Ana, Paula Fell — CEQA Project Public Works Agency Manager Contact: Armando Derrick Coleman — CEQA Fernandez, PE, Senior Support, Quality Assurance/ Civil Engineer Quality Control Phone: 714.647.5629 Email: Afernandez@santa- ana.org City of Santa Ana 11 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Adventure Park Multi -Benefit Stormwater Capture Park Project PEIR Addendum 10130 S. Gunn Avenue, Whittier, CA 2021 City of Rancho Cucamonga Central Park Master Plan Update Revision Project Program EIR 11200 Base Line Road, Rancho Cucamonga, CA 2021 City of Rancho Cucamonga Central Park Amphitheater Project IS/MND 11200 Base Line Road, Rancho Cucamonga, CA 2019 Santa Ana River Interceptor Line Project Orange County, CA Prepared an Addendum to a PEIR to evaluate the capture, treat, and discharge or reuse of urban runoff and stormwater per rain event from an approximately 6,985- acre drainage area. Preparing Program EIR for a comprehensive Master Plan which defines the development of the undeveloped portions of Central Park, identifying smaller (1.6- to 11-acre), buildable sections. Prepared IS/MND for an approximately 40,000-square foot amphitheater on 11 acres located at the Rancho Cucamonga Central Park. Project was completed under an extremely aggressive schedule in order to facilitate a grant application for funding. Prepared the Supplemental EA and EIR Addendum for the relocation of the Orange County portion of the Los Angeles County Public Works Contact: Grace Komjakraphan, Environmental Engineering Specialist Phone: 626.458.4330 Email: GKomjakraphan@dpw.I acounty.gov City of Rancho Cucamonga, Community Services Department Contact: Jeff Benson, Management Analyst II Phone: 909.774.2106 Email: Jeff.Bensen@cityofrc.us City of Rancho Cucamonga, Community Services Department Contact: Jeff Benson, Management Analyst II Phone: 909.774.2106 Email: Jeff.Bensen@cityofrc.us Orange County Flood Control District Contact: Greg Yi Project Manager Randy Westhaus, P.E. — Program Manager Paula Fell — CEQA Planner Jenna Farrell — Cultural Resources Kevin Fowler - Noise Amy Noddings — Biological Resources Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Paula Fell — CEQA/NEPA Planner Derrick Coleman — Water Resources City of Santa Ana 12 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 2017 City of Huntington Beach, Water Well Project Initial Study Westminster, CA 2017 pipeline between Prado Dam and Weir Canyon Road to allow operation of the Santa Ana River Mainstem Project. Prepared an Initial Study for the construction of a new water well and associated pipeline. Phone: 714.647.3962 Email: Greg.Yi@ocpw.ocgov.or 9 City of Huntington Beach, Public Works Contact: Andrew Ferrigno, PE, Principal Civil Engineer Phone: 714.536.5291 Email: aferrigno@surf- hb.org Jenna Farrell — Cultural Resources Kevin Fowler — Noise Paula Fell — Project Manager Derrick Coleman — CEQA Planner Kevin Fowler — Noise Jenna Farrell — Cultural Resources TABLE 4. TETRA TECH CURRENT RELEVANT PROJECT EXPERIENCE I Completion Date 0 IN& Washington Avenue Providing engineering City of Santa Ana, Paula Fell — CEQA Task Lead Well Project IS/MND design services and Public Works Agency Derrick Coleman — CEQA 651-657 East preparing an IS/MND for Contact: Armando Support, Quality Washington Avenue, the development of a Fernandez, PE, Assurance/Quality Control Santa Ana, CA new water well. Senior Civil Engineer Jenna Farrell —Cultural On -going Phone:714.647.5629 Resources Email: Afernandez@santa- ana.org First Street Preparing a CATEX City of Santa Ana Paula Fell — Project Manager Stabilization Project and backup Contact: Craig Foster, Derrick Coleman — CEQA CATEX documentation for CPSWQ, QSD/P I Support, Quality Assurance/ East First Street, improvements to NPDES Manager Quality Control Santa Ana, CA stabilize existing slopes along East First Street. Phone: 714.647.5659 Amanda Beck —Biological On -going Email: Cfoster@santa- Resources ana.org Jenna Farrell — Cultural Resources Well 12, Well 14, Providing mitigation Mesa Water District Paula Fell — CEQA Project and Pipeline Project support for the Contact: Phil Lauri, PE Manager Mitigation Support construction of two new Assistant General Jenna Farrell — Cultural Santa Ana, CA water supply wells and Manager Resources pipelines. On -going Phone: 949.631.1291 Amy Noddings — Biological Email: Resources phil@mesawater.org City of Santa Ana 13 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 1951 Cohort Pipeline Preparing a CATEX Replacement Project and backup Costa Mesa, CA documentation for On -going replacing approximately 22,085 linear feet of existing pipelines and associated service lines, meter boxes, and old "dry barrel" fire hydrants. Crown Valley Pipeline Replacements Project IS/MND Dana Point and Laguna Niguel, CA On -going Construction Environmental Monitoring for OC Streetcar Project Santa Ana and Garden Grove, CA On -going OC Loop Segments O, P, and Q Project IS/MND, NEPA and Providing engineering design services and preparing an IS/MND for a water and sewer pipeline replacements project. Providing mitigation support for the construction a new east - west double -track modern streetcar line in Orange County between the Santa Ana Regional Transportation Center in Santa Ana and the Harbor Boulevard/ Westminster Avenue intersection in Garden Grove. Preparing CEQA, NEPA, and SER requirements for Mesa Water District Paula Fell — Project Manager Contact: Phil Lauri, PE Derrick Coleman — CEQA Assistant General Support, Quality Manager Assurance/Quality Control Phone: 949.631.1291 Jenna Farrell — Cultural Email: Resources phil@mesawater.org Julia Mates — Historic Resources Moulton Niguel Water I Paula Fell — Project Manager District Derrick Coleman — CEQA Contact: Todd Support, Quality Assurance/ Dmytryshyn, PE, District Quality Control Project Manager Amanda Beck — Biological Phone:949.425.3549 Resources Email: Jenna Farrell — Cultural TDmytryshyn@mnwd.co Resources m Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/GHG PGH Wong Betsy Lindsay — Program Manger Engineering c/o Michael Rogozen — Project Orange County Manager Senior Principal Transportation Engineer Authority Michelle Tollett — Biology Contact: Guy Nakano, Civil Oscar Perez — Hazardous Engineer Materials Phone: 916.335.9005 Rod Buck — Hazardous Materials Email: gnakano@pghwong.c om GHD Contact: Bruce Schmith, PE, ENV Steve O'Neil — Cultural Resources Betsy Lindsay — Program Manger Margaret Partridge — Planning Hina Gupta — Planning City of Santa Ana 14 TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Caltrans Standard Environmental Reference (SER) Requirements Orange County, CA On -going City of Commerce Transit Maintenance Facility Project IS/MND, NEPA Categorical Exclusion 5733 Sheila Street, Commerce, CA On -going development of a 2.7-mile Class I Bikeway component of a larger 66-mile regional bikeway corridor called the OC Loop. Preparing CEQA IS/MND and NEPA Categorical Exclusion for a transit maintenance facility that would serve the City's transit fleet. SP, Senior Project I Michael Rogozen — Air Quality, Director GHG Emissions, Noise Phone: 949.585.5274 Michelle Tollett — Biology Email: Steve O'Neil — Cultural and Tribal bruce.schmith@ghd.c Cultural Resources om City of Commerce Betsy Lindsay — Program Manger Contact: Claude Margaret Partridge — Project McFerguson, Director Manager of Transportation Hina Gupta — Planning Phone: 323.887.4419 Michael Rogozen — Air Quality, ext. 2235 Greenhouse Gas and Noise Email: claudem@ci.commer ce.ca.us Michelle Tollett — Biology Steve O'Neil — Cultural Resources Section F References Tetra Tech has provided references for each of the representative projects in Section 1 E, Tables 3, 4, and 5. SECTION 2 SCOPE OF SERVICES AND SCHEDULE The following presents our general technical approach and work plan for environmental services tasks. Project Initiation In preparation for commencement of a project, the Tetra Tech Project Manager will attend a kickoff meeting with the City within five working days of receiving a notice to proceed to coordinate the scope and schedule for completing the document. At or before the kickoff meeting, the Project Manager will gather sufficient details to prepare the description of the proposed project. These details may include: a full set of plans including a site plan; elevations and cross sections; floor plans (if applicable); a detailed grading and drainage plan indicating the limits of ground disturbance and grading volumes (cut, fill, and export/import); landscape plans; and lighting plans. Other project description details may include construction timing and phasing; construction equipment list; any other technical studies prepared for the project; and operation of the project (e.g., associated traffic if known, details special events, etc.). Tetra Tech will develop a draft description of the proposed project and alternatives (if necessary) and will submit it to the City's Project Manager for review and approval. After receipt of City's comments, Tetra Tech will finalize the description of the proposed project and alternatives. Draft Initial Study and Required Technical Studies The analysis of a project's potential environmental impacts will commence with the preparation of an IS. The IS will be prepared according to CEQA requirements and the State CEQA Guidelines (Section 15063). The most recent CEQA Environmental Checklist Form (Appendix G) will be used. Documentation for the review of a project's potential environmental impacts follow a very prescriptive process that requires consideration of 21 separate subject areas. Each of these subject areas must address its own set of City of Santa Ana 15 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 questions designed to cover the potential range of impacts that could be faced. The questions range between 2 and 10 questions for each subject area, and total 93 questions over all subject areas. I. Aesthetics II. Agriculture/Forestry Resources III. Air Quality IV. Biological Resources V. Cultural Resources VI. Energy VII. Geology/Soils Vill. Greenhouse Gas (GHG) Emissions IX. Hazards/Hazardous Materials X. Hydrology/Water Quality XI. Land Use/Planning XII. Mineral Resources XIII. Noise XIV. Population/Housing XV. Public Services XVI. Recreation XVII. Transportation XVIII. Tribal Cultural Resources XIX. Utilities/Service Systems XX. Wildfire XXI. Mandatory Findings of Significance The preparation of an IS checklist includes completing all questions of the checklist with a written response to, or evaluation of, the impacts considered by the questions for each subject area. The responses provided in the IS will rely on information provided in separate technical studies prepared for the proposed action, or other existing documentation applicable to the specific subject area. Generally, many questions will not require an extensive or detailed discussion to provide appropriate scoring. However, it is our experience that several subject areas usually require more extensive responses to the questions. These include some combination of Air Quality/GHG, Cultural Resources, Noise, and Transportation; and, in many cases can also extend to Aesthetics, Biology, Geology, and Hydrology. Technical Studies Aesthetic Resources. Conducting an objective, thorough, and well -illustrated visual resource assessment is often a critical component of both public relations efforts and environmental review. It is a useful tool to assist the public in understanding what a project will look like when placed in the environment. Tetra Tech provides state-of-the-art visual impact studies that meet the technical and procedural needs of permitting authorities, illustrating to stakeholders how the project would appear and from which angles it would be visible. Our team is experienced with determining key observation points and providing analyses to address concerns of sensitive viewers while meeting CEQA requirements. In addition, Tetra Tech has extensive experience developing scientifically defensible photo simulations using project photography, GIS, 3D graphic design software, and visual simulation expertise. Air Quality Study/Greenhouse Gas Assessment. Air assessments can address criteria pollutants, air toxic emissions, climate change impacts (GHG), and health risks relative to project activities. Both the construction and operation phases of projects can produce emissions of criteria pollutants which must be evaluated, and time -phased quantities compared to allowable limits established by the governing air quality management district for the project location. Tetra Tech is a leading provider of air quality services. Company expertise includes the following services: air emissions impact assessments, air monitoring and sampling, dispersion modeling and health risk assessments, GHG emissions inventory and certification, permit application, regulatory analysis and support, stationary and mobile source testing, and technical evaluation and demonstration of advanced control technologies. Biological Resources Assessment. Botanical and wildlife species are commonly among the most important resources evaluated under CEQA. Certainly, the presence of plants and animals on federal or state Threatened or Endangered species lists will require even more intense review. Concern over potential impacts to biological resources is often the basis for legal action which can cause project delays or even cancellations. Therefore, it is critically important that all potentially important or significant species associated with a project site or region are identified early, are evaluated using appropriate survey protocols, and data are collected with methods designed to preserve accuracy and detail. Tetra Tech's City of Santa Ana 16 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 team can provide standard field survey capabilities and special status species expertise that can be applied to terrestrial plants and animals, wetlands areas, and avian species considerations. Cultural Resources Study/Historical Resources Assessment. The Tetra Tech Team includes experienced cultural resource managers with training in Anthropology and Archaeology, and experience in community outreach, including outreach to Native American Tribes. Tetra Tech's archaeologists and architectural historians have the national and regional expertise and experience to perform literature and record reviews, conduct pedestrian and intensive surveys to identify and evaluate historic and prehistoric properties. Our cultural resources staff exceed the Secretary of the Interior's Standard Qualifications for History, Architectural History, and Archaeology, allowing us to provide archaeological and historic architectural studies and reporting. Tetra Tech staff have also conducted site evaluations and, nominations and monitoring following California Register of Historical Resources and National Register of Historic Places criteria and guidelines. Tetra Tech has extensive experience working with the California State Historic Preservation Office, conducting Tribal consultation, and experience with Section 106 of the National Historic Preservation Act in conjunction with CEQA. Hazards/Hazardous Materials/Environmental Site Assessments. A Phase I Environmental Site Assessment (ESA) is a "due diligence" process, which identifies hazardous and potentially hazardous conditions in and/or adjacent to the site. ESAs consist of record reviews and property research activities and may include sampling of building materials. ESAs provide important information regarding property value, liability issues, and redevelopment constraints. If recognized environmental conditions or known environmental impairments are identified, a Phase II ESA may be conducted to determine the potential nature and extent of contamination. Our ESAs consistently meet or exceed current American Standard Test Method standards, agency requirements, and client expectations. Our services include: Phase I and II ESAs, Resource Conservation and Recovery Act/Comprehensive Environmental Response, Compensation, and Liability Act investigations, underground storage tank investigations, sediment/water quality analysis, hazardous materials/hazardous waste assessment, health risk assessment, impact assessments, soil and groundwater sampling, pilot testing and full-scale remediation. Geology/Soils/Minerals Studies. Evaluating the possibility that a project could create unstable conditions, or that the location of a project could elevate specific hazardous conditions for the completed development (particularly if structures are involved) are among the effects considered by a geologic evaluation. Local topography, proposed project grading, soil compaction requirements, and erosion potential all must be considered to evaluate how a project might impact local geology and soils. The availability of mineral resources in the project area must be determined to evaluate how a project might impact access to these resources. Proximity to fault zones, areas with high liquefaction potential, and the prevalence of expansive soils (containing certain clay types) all affect the potential that the local geology and soils could exacerbate hazards for a project. Tetra Tech geologists and engineers are expert in evaluating and describing these local conditions and can evaluate the ways in which geology, soils and mineral resources could impact, or be impacted by, a project. Tetra Tech has broad experience with geotechnical projects ranging from geotechnical investigation and materials testing to foundation design. Hydrology/Water Quality Study. Water issues are of paramount consideration in southern California, and CEQA assessment requires that both water quality and water supply (particularly relative to groundwater) issues are evaluated. Tetra Tech is a leader in water analysis from an engineering perspective and from an environmental perspective. We have experts in water supply engineering (including groundwater extraction and water infrastructure design) and environmental evaluations. Tetra Tech can provide technical studies to evaluate and provide clear and concise assessments of any aspect of potential environmental effects from almost any imaginable project. Noise Impact Study. Tetra Tech can evaluate and calculate noise and vibration levels expected during the construction and operation phases of a project. Construction noise impact evaluations consider the City of Santa Ana 17 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 construction activity, type of equipment to be used, equipment operational time, and the expected levels of equipment noise and vibration. Operation noise impact evaluations consider noise generating operation activities, including those associated with increases in traffic. The calculations are used to evaluate noise and vibration levels for any identified sensitive receptors at their specific locations. Tetra Tech also evaluates the noise impacts from the proposed project in accordance with the local (and applicable) noise ordinance. Utility Studies/Sewer Studies/Water Supply Assessment. Tetra Tech has supported various cities and water agencies throughout Orange County on Utility/Sewer Studies and Water Supply Assessments including Santa Ana, Huntington Beach, Orange, Anaheim, Tustin, Newport Beach, Mesa Water District, South Orange County Wastewater Authority, Irvine Ranch Water District, and Moulton Niguel Water District. These services include the preparation of Water and Wastewater Master Plans and studies/analyses in support of infrastructure design projects. Transportation. One of the primary ways a project causes impacts is through additional vehicular traffic during the construction phase or during the operation phase (after construction). Therefore, the various project components, such as parking supply, vehicular access, and project operation activities are all important. Tetra Tech can tailor a transportation technical study to the proposed project, considering both its construction requirements and anticipated operational activities in the context of its proposed location. On -call Staff Consulting Tetra Tech can provide the on -call specialized expertise and the depth of resources necessary to support the City in quickly resolving environmental and technical issues and challenges. Draft Environmental Document Level of Documentation. If the screencheck draft IS identifies no potentially significant impacts, then a Public Draft ND will be released to the public. If the screencheck draft IS identifies potentially significant impacts that can be reduced to less than significant levels with implementation of mitigation measures (in addition to the Best Management Practices), then a Public Draft MND will be released to the public. Should the IS identify potentially significant impacts that cannot be fully reduced to less than significant levels through the implementation of mitigation measures, or should the City reject the acceptance of any mitigation measures, then significant residual impacts will occur and preparation of an EIR will be necessary. Notices: Tetra Tech will prepare, as appropriate, the notices for the ND, MND, or EIR. A Notice of Intent and a Notice of Completion (NOC) will be prepared for the Public Draft ND or MND. After the Final ND or MND has been certified by the Lead Agency, a Notice of Determination (NOD) will be prepared. Prior to the preparation of the Draft EIR, a Notice of Preparation will be prepared to serve as a scoping document for the project. When the Public Draft EIR is ready for publication, a Notice of Availability (NOA) and a NOC will be prepared. A NOA and a NOC will also be prepared for the Public Final EIR, when that document if ready for publication. After the Final EIR has been certified by the Lead Agency, a NOD will be prepared. Mitigation Monitoring and Reporting Program._When mitigation measures are required, the Final IS/MND or EIR will contain a Mitigation, Monitoring, and Reporting Program as an appendix that will be revised with each version of the document. Document and Notice Production and Circulation: Tetra Tech will support the City in developing a mailing list for circulation of the public document. Tetra Tech has full in-house capabilities to produce the large number of documents potentially required to circulate the Public Draft documents, including the ability to produce large quantities of compact discs. Tetra Tech can provide full support in noticing for a public City of Santa Ana 18 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 document including, as appropriate, publication of notices in the newspaper, and posting of notices with the County Clerk and the State Clearinghouse. Public Involvement/Outreach:_ Public involvement is a critical component of the CEQA process. We develop thoughtful public involvement programs, compile mailing lists, prepare public notices, distribute review documents, prepare outreach materials, develop web sites, and organize and facilitate public meetings. Tetra Tech has extensive experience facilitating public meetings for scoping and draft document hearings including preparing and conducting presentations. Final Environmental Document: Upon receipt of public comments on the draft public document, Tetra Tech will organize and bracket each comment for easy review by the City. Tetra Tech will meet with the City to discuss the appropriate response to substantive comments. Tetra Tech will provide a draft response to each comment in a response to comments table and will incorporate text changes into an administrative final document, where necessary, in strikeout/double underline format for easy review. Tetra Tech will provide the response to comments table and administrative final document to the City for review and comment. Comments on the administrative final document will be incorporated into a screencheck final document. Upon final decision -maker action on the final document, Tetra Tech will prepare a Final ND, MND, or EIR documenting any changes to the document. If Statements of Overriding Consideration and Findings of Fact are required for a project, Tetra Tech can prepare a draft version of this document for review and comment. NEPA Documents A NEPA document would be required if there is a federal nexus such as federal funding provided for a project. During project kick-off, Tetra Tech will meet with the City to determine if a NEPA document is required, and if so, at what level. The types of NEPA documents that may be needed include: Categorical Exclusion, EA/Finding of No Significant Impact, or EIS/Record of Decision. Below is a summary of the general tasks to be completed for an EA or EIS, in conjunction with the appropriate CEQA document: ■ Conduct project startup ■ Set up administrative record database ■ Initial coordination with the City and NEPA Lead Agency ■ Prepare project description, purpose, need, and alternatives ■ Prepare Notice of Intent ■ Conduct scoping meeting/public workshops, as needed ■ Prepare Draft EA or EIS ■ Analyze project action and alternatives ■ Prepare other required sections ■ Submit screencheck Draft EA or EIS for review ■ Prepare public review Draft EA or EIS ■ Conduct scoping meeting/public workshops, as needed ■ Prepare Final EA/Finding of No Significant Impact or Final EIS/Record of Decision ■ Complete and finalize administrative record Attendance at Meetings Tetra Tech keeps clients updated on project activities through conference calls and e-mail messages. Depending on the scope of each task assignment, the frequency of project coordination calls and meetings and the preferred method of communication between management and resource staff may vary. Specific City of Santa Ana 19 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 project communication may include: kick-off and coordination meetings; status meetings and teleconferences between the City and the Tetra Tech team; attending and assisting the City at City Council meetings, and with appropriate regulatory agencies, as necessary. Estimated Schedule Below are example schedules for preparing either an IS/MND or an EIR. This schedule does not include review by City Staff. Those review times will be included in the schedule during project initiation. Project Initiation Prepare Project Description 1 week 1 week Prepare Administrative IS/MND 8 weeks Prepare Public IS/MND 30-Day Review Period 2 weeks 4 weeks Prepare Final IS/MND 4 weeks 1 Note: When feasible, undertaking of tasks overlap, shortening the overall schedule. Project Initiation 1 week Prepare Project Description 1 week Notice of Preparation/Scoping Meeting/ 6 weeks Notice Period Prepare Administrative Draft EIR 8 weeks Prepare Draft EIR 4 weeks Public Review Period/Prepare 8 weeks Administrative Final EIR Prepare Final PEIR/CEQA Findings 4 weeks' 1 Note: When feasible, undertaking of tasks overlap, shortening the overall schedule. City of Santa Ana 20 TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 APPENDIX B CERTIFICATIONS City of Santa Ana TETRA TECH Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA AN.A DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of. or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham. that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directIv or Indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of die BIDDER or any BIDDER, or to fx any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. that all statements contained in the bid are true; and. further, that the BIDDER has not, directly or indirectly, submitted his or lies, bid price or any breakdown thereof, or the contents thereof_ or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation. partnership. company association. organization_ bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note: The above Non -collusion Affidavit is part of the Proposal. Si6ming this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit BIDDERS are cautioped that m*-Ing a false certification may subject the certifier to criminal prosecution. Signed State of California County of O (Gs,► Subscribed and sworn to (or affirmed) before me on tliis 2 day of 20 Z( b} Cott i LeiNker , proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. Notary Public Signature Notary Public Seal .. of j...PARKE ....... R AL CHANATI: COMM # 2352652 z x Los Angeles County `n California Notary pubii �P CCmm ... IF-0? .......... Ex P M 5 as,. 23, 242 City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief. that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing; or attempting to influence an officer or employee of any federal agency, it Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract. the making of any federal grant. the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection With this federal contract, grant loaat, loan or cooperative agreement, the undersigned shall complete and submit a' -Disclosure of Lobbying ActiM les'. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less titan S 10,000 and not store than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, .vhich exceed S 100.000 and that all such sub recipients shall certify and disclose accordingly. Firin Signe Title Sckfter 4ia` EL. t Date 19'TL City of Santa Ana RFP Page A3-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of S 0 fU n '�9� On 0 C �3 4-tr 2.-a , 20L 1 before me, Parker Alchanati, Notary Public, personally appeared ifGt 1 Le(lke( who prov d to me on the basis of satisfactory evidence to be the person(s) whose me(s)&are subscribed to the Zrher/their .in instrument and acknowledged to me that h she/they executed the same in authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my and and official seal. Signature of Notary Public . °`ry PARKER ALCHANATE COMM # 2352652 "z Los Angeles County n California Notary Publl� Comm Exp Mar. 22, 202S I --------OPTIONAL DATA FOR SECURITY --------- I Name of Document: Document Date: Number of Pages: Number of Signatures Notarized (circle): 1 2 3 4 Other: Copyright 2021. Notary has permission to copy this form dufing the term of their commission Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersig led consultant or corporate officer, during; the performance of this contract, certifies as follow & The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national orig m- Such action shall include, but not be limited to, the folloN%Ing employment, upgrading. demotion, or transfer: recruitment or recruitment ad%eitising; layoff or termination, rates of pay or other forms of compensation. and selection for training. including; apprenticeship. The Consultant 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 Consultant shall. in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex. or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he she 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 Consultant's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall 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. 5. The Consultant shall 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 wIII permit access to his her 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 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance "ith procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies smoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as other%\ ise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding; paragraph (1) and the provisions of paragraphs j 1) through (7) in evert subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 b) 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 subcontract or purchase order as the administering agency mad direct as means of enforcing; such provisions, including sanctions for noncompliance: provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency. the Consultant maNs request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed; color, national ongp'n. ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and anA consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: Itl�a City of Santa Ana RFP Page A3-4 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of L$S-ANGE-L-IM 0 can 9 e- On 4c.�Ot92( 2,:::7, z I before me, Parker Alchanati, Notary Public, personally appeared CCkV 1 LenbC2r who proved to me on the basis of satisfactory evidence to be the person(s) whose me(s) i re subscribed to the within instrument and acknowledged to me that he/they executed the same in<Ei /her/their authorized capacity(ies), and that by 'her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. L 7 O&�� W4449t Signature of Notary Public °Fly.pARKER ALCHANATI: Comm ## 2352652 _ " Los Angeles County n a California Notary Publi� Cornm Exp Mar. 22, 2025 I ------OPTIONAL DATA FOR SECURITY --------- I Name of Document: Document Date: Number of Pages; Number of Signatures Notarized (circle): 1 2 3 4 Other: Copyright 2021. Notary has permission to copy this form during the term of their commssinn EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL Page 22 TETRA TECH, INC. SCHEDULE OF HOURLY RATES CLASSIFICATION / Planners Eng/Sci/Planner Technician 1 $35.00 Eng/Sci/Planner Technician 11 $45.00 Eng/Sci/Planner Technician 111 $53.00 Eng/Sci/Planner Technician IV $63.00 Eng/Sci/Planner Staff 1 $70.00 Eng/Sci/Planner Staff 11 $80.00 Eng/Sci/Planner Staff III $90.00 Eng/Sci/Planner Staff IV $100.00 Eng/Sci/Planner Staff V $110.00 Eng/Sci/Planner Staff VI $120.00 Eng/Sci/Planner Staff VII $130.00 Eng/Sci/Planner Staff VIII $140.00 Eng/Sci/Planner Senior Staff 1 $150.00 Eng/Sci/Planner Senior Staff 11 $160.00 Eng/Sci/Planner Senior Staff 111 $170.00 Eng/Sci/Planner Senior Staff IV $180.00 Eng/Sci/Planner Manager 1 $190.00 Eng/Sci/Planner Manager II $199.00 Senior Consultant 1 $215.00 Senior Consultant II $230.00 Senior Consultant III $245.00 Principal 1 $260.00 Principal II $275.00 Principal III $290.00 GIS / Design Staff 1 $70.00 GIS / Design Staff II $82.00 GIS / Design Staff III $97.00 GIS / Design Staff IV $110.00 GIS / Design Staff V $120.00 GIS / Design Staff VI $135.00 GIS / Design Manager 1 $150.00 Financial Support / Procurement Administrative Project Support Services 1 $63.00 Project Support Services II $72.00 Project Support Services III $86.00 Project Support Services IV $97.00 Project Support Services V $107.00 Project Support Services VI $118.00 Project Support Services VII $130.00 Project Support Services VIII $142.00 Project Support Services Manager 1 $155.00 Project Support Services Manager II $169.00 Rates are good through 2021 only and are subject to annual escalation thereafter. Rates include direct labor, overhead, G&A, and fee. Expert Witness Testimony will be charged at standard rates plus 25% All other direct costs and subcontract costs will be charged at cost plus 10% . Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below. City of Santa Ana RFP 21-075 Page A4-1 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Tetra Tech Inc. ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Project No. RFP-21-105 Contract No. Participation Amount $_2,000,000.00 Date _01/12/2023 For Combined Rate For Home Office Rate For Field Office Rate Overhead % x General & Administrative % = Combined ICR% OR 158.15 % x 5.58 % = 172.55% 71.07 % x 5.58 % = 80.62% BILLING INFORMATION Fee = 10% CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or % or $ Hourly Range - Straight3 OT(1.5x) OT(2x) From To Avg. Hourly Increase for Classifications Only Rate Paula Fell - Senior Project Manager * $142.51 $181.97 $221.42 01/01/2023 12/31/2023 $71.73 Not Applicable Principal Engineer/Scientist/Tech $150.48 $192.14 $233.80 01/01/2024 12/31/2024 $75.74 5.6% Specialist $156.07 $199.29 $242.49 01/01/2025 12/31/2025 $78.56 3.7% Mike Koester- Operations Director* $317.13 $0.00 $0.00 01/01/2023 12/31/2023 $105.78 Not Applicable Manager Engineering Discipline $334.86 $0.00 $0.00 01/01/2024 12/31/2024 $111.69 5.6% $347.31 $0.00 $0.00 01/01/2025 12/31/2025 $115.85 3.7% Randy Westhaus - Director* $260.95 $0.00 $0.00 01/01/2023 12/31/2023 $87.04 Not Applicable Senior Consultant I $275.54 $0.00 $0.00 01/01/2024 12/31/2024 $91.91 5.6% $285.79 $0.00 $0.00 01/01/2025 12/31/2025 $95.32 3.7% Derrick Coleman, PhD - Senior $146.13 $186.58 $227.04 01/01/2023 12/31/2023 $73.55 Not Applicable Project Manager* $154.30 $197.01 $239.73 01/01/2024 12/31/2024 $77.66 5.6% Principal Engineer/Scientist/Tech $160.04 $204.34 $248.65 01/01/2025 12/31/2025 $80.55 3.7% Specialist Connie Farmer - Senior Project $220.51 $260.96 $301.41 01/01/2023 12/31/2023 $73.55 Not Applicable Manager * $232.84 $275.55 $318.26 01/01/2024 12/31/2024 $77.66 5.6% Page 1 of 6 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Principal Engineer/Scientist/Tech $241.50 $285.80 $330.10 01/01/2025 12/31/2025 $80.55 3.7% Specialist Jenna Farrell - Archaeologist* $140.58 $0.00 $0.00 01/01/2023 12/31/2023 $46.89 Not Applicable Associate Engineer/Scientist/Tech $148.44 $0.00 $0.00 01/01/2024 12/31/2024 $49.51 5.6% Specialist $153.96 $0.00 $0.00 01/01/2025 12/31/2025 $51.35 3.7% Julia Mates - Senior Historian* $142.71 $0.00 $0.00 01/01/2023 12/31/2023 $47.60 Not Applicable Professional Services $150.69 $0.00 $0.00 01/01/2024 12/31/2024 $50.26 5.6% $156.29 $0.00 $0.00 01/01/2025 12/31/2025 $52.13 3.7% Erin King - Archaeologist* $146.93 $0.00 $0.00 01/01/2023 12/31/2023 $49.01 Not Applicable Engineer/Scientist/Tech Specialist $155.14 $0.00 $0.00 01/01/2024 12/31/2024 $51.75 5.6% $160.91 $0.00 $0.00 01/01/2025 12/31/2025 $53.67 3.7% Michelle Bates - Principal Biologist* $227.40 $0.00 $0.00 01/01/2023 12/31/2023 $75.85 Not Applicable Engineer/Scientist/Tech Specialist $240.11 $0.00 $0.00 01/01/2024 12/31/2024 $80.09 5.6% $249.04 $0.00 $0.00 01/01/2025 12/31/2025 $83.07 3.7% Amy Noddings - Senior Biologist* $158.30 $0.00 $0.00 01/01/2023 12/31/2023 $52.80 Not Applicable Planner $167.15 $0.00 $0.00 01/01/2024 12/31/2024 $55.75 5.6% $173.37 $0.00 $0.00 01/01/2025 12/31/2025 $57.83 3.7% Amanda Beck - Biologist* $99.34 $126.84 $154.34 01/01/2023 12/31/2023 $50.00 Not Applicable Engineer/Scientist/Tech Specialist $104.89 $133.93 $162.97 01/01/2024 12/31/2024 $52.80 5.6% $108.80 $138.91 $169.03 01/01/2025 12/31/2025 $54.76 3.7% Jeffery Harrington - C&E Program $252.02 $0.00 $0.00 01/01/2023 12/31/2023 $84.06 Not Applicable Manager* $266.11 $0.00 $0.00 01/01/2024 12/31/2024 $88.76 5.6% Principal Engineer/Scientist/Tech $276.01 $0.00 $0.00 01/01/2025 12/31/2025 $92.06 3.7% Specialist Tiffanie Ramos - Environmental $154.19 $0.00 $0.00 01/01/2023 12/31/2023 $51.43 Not Applicable Engineer* $162.81 $0.00 $0.00 01/01/2024 12/31/2024 $54.30 5.6% Senior Engineer/Scientist/Tech $168.87 $0.00 $0.00 01/01/2025 12/31/2025 $56.33 3.7% Specialist Jay Neuhaus - Project $229.53 $0.00 $0.00 01/01/2023 12/31/2023 $76.56 Not Applicable Manager/Principal* $242.36 $0.00 $0.00 01/01/2024 12/31/2024 $80.84 5.6% Principal Engineer/Scientist/Tech $251.38 $0.00 $0.00 01/01/2025 12/31/2025 $83.85 3.7% Specialist Carl Lenker, PE - Senior Project $240.71 $0.00 $0.00 01/01/2023 12/31/2023 $80.29 Not Applicable Environmental Engineer* $254.17 $0.00 $0.00 01/01/2024 12/31/2024 $84.78 5.6% Principal Engineer/Scientist/Tech $263.62 $0.00 $0.00 01/01/2025 12/31/2025 $87.93 3.7% Specialist Lindsay Southerland - Project $148.46 $0.00 $0.00 01/01/2023 12/31/2023 $49.52 Not Applicable Manager, Public Outreach* $156.76 $0.00 $0.00 01/01/2024 12/31/2024 $52.29 5.6% Senior Engineer/Scientist/Tech $162.59 $0.00 $0.00 01/01/2025 12/31/2025 $54.23 3.7% Specialist Page 2 of 6 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Max Pivonka - Environmental $86.49 $0.00 $0.00 01/01/2023 12/31/2023 $28.85 Not Applicable Scientist* $91.32 $0.00 $0.00 01/01/2024 12/31/2024 $30.46 5.6% Assistant Engineer/Scientist/Tech $94.72 $0.00 $0.00 01/01/2025 12/31/2025 $31.60 3.7% Specialist Neha Gajjar, PE - Project Manager* $286.82 $0.00 $0.00 01/01/2023 12/31/2023 $95.67 Not Applicable Project Manager $302.85 $0.00 $0.00 01/01/2024 12/31/2024 $101.02 5.6% $314.12 $0.00 $0.00 01/01/2025 12/31/2025 $104.78 3.7% Laurence Esguerra, PE - Project $240.71 $0.00 $0.00 01/01/2023 12/31/2023 $80.29 Not Applicable Manager* $254.17 $0.00 $0.00 01/01/2024 12/31/2024 $84.78 5.6% Project Manager $263.62 $0.00 $0.00 01/01/2025 12/31/2025 $87.93 3.7% Erica Jenkins - Design Engineer* $174.26 $0.00 $0.00 01/01/2023 12/31/2023 $58.13 Not Applicable Engineer/Scientist/Tech Specialist $184.00 $0.00 $0.00 01/01/2024 12/31/2024 $61.37 5.6% $190.85 $0.00 $0.00 01/01/2025 12/31/2025 $63.66 3.7% Perry Patton - Principal Civil $207.94 $0.00 $0.00 01/01/2023 12/31/2023 $69.36 Not Applicable Engineer* $219.56 $0.00 $0.00 01/01/2024 12/31/2024 $73.24 5.6% Principal Engineer/Scientist/Tech $227.73 $0.00 $0.00 01/01/2025 12/31/2025 $75.96 3.7% Specialist Drew Timmis - Sci. Biologist I* $83.74 $0.00 $0.00 01/01/2023 12/31/2023 $27.93 Not Applicable Associate Engineer/Scientist/Tech $88.42 $0.00 $0.00 01/01/2024 12/31/2024 $29.49 5.6% Specialist $91.71 $0.00 $0.00 01/01/2025 12/31/2025 $30.59 3.7% Kevin Fowler - Senior Acoustic $216.31 $0.00 $0.00 01/01/2023 12/31/2023 $72.15 Not Applicable Engineer* $228.40 $0.00 $0.00 01/01/2024 12/31/2024 $76.18 5.6% Principal Engineer/Scientist/Tech $236.90 $0.00 $0.00 01/01/2025 12/31/2025 $79.02 3.7% Specialist Chris Hulik - Acoustic Scientist* $138.96 $0.00 $0.00 01/01/2023 12/31/2023 $46.35 Not Applicable Engineer/Scientist/Tech Specialist $146.73 $0.00 $0.00 01/01/2024 12/31/2024 $48.94 5.6% $152.19 $0.00 $0.00 01/01/2025 12/31/2025 $50.76 3.7% Chris Noddings - Senior Engineer* $169.36 $0.00 $0.00 01/01/2023 12/31/2023 $56.49 Not Applicable Project Manager $178.83 $0.00 $0.00 01/01/2024 12/31/2024 $59.65 5.6% $185.48 $0.00 $0.00 01/01/2025 12/31/2025 $61.87 3.7% Adrian Lee, PE - Design Engineer* $139.80 $0.00 $0.00 01/01/2023 12/31/2023 $46.63 Not Applicable Engineer/Scientist/Tech Specialist $147.61 $0.00 $0.00 01/01/2024 12/31/2024 $49.24 5.6% $153.11 $0.00 $0.00 01/01/2025 12/31/2025 $51.07 3.7% Joe Harrison - Senior Engineer* $149.96 $0.00 $0.00 01/01/2023 12/31/2023 $50.02 Not Applicable Planner $158.34 $0.00 $0.00 01/01/2024 12/31/2024 $52.82 5.6% $164.23 $0.00 $0.00 01/01/2025 12/31/2025 $54.78 3.7% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Page 3 of 6 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. 5. Rates above are good through 2025 and are subject to annual escalation thereafter. EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Tetra Tech Inc. ❑X Prime Consultant ❑ Subconsultant Project No. RFP 21-105 Contract No. Date 01/12/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs 0.665 $ $ TBD Equipment Rental and Supplies TBD $ $ TBD Permit Fees TBD $ $ TBD Plan Sheets TBD $ $ TBD Test TBD $ $ TBD Vehicle TBD $ $ TBD Subconsultant 1: UltraS stems $ TBD Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. Page 4 of 6 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Cost Proposal Page 5 of 6 January 2020 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Signature Email: Address: Title *: Date of Certification (mm/dd/yyyy): Phone Number: * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Page 6 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On Call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Tetra Tech, Inc. 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 8.00% 6. Prime Certified DBE: Id 7. Total Contract Award Amount: $950,000.00 $ 76,000.00 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Air Quality, Greenhouse Gas, Noise, Biological Resources, and Cultural 25485 UltraSystems Environmental Inc., Betsy Lindsay, 949-788-4900, $ 76,000.0 Local Agency to Complete this Section $ 76,000.0 20. Local Agency Contract 14. TOTAL CLAIMED DBE PARTICIPATION 8.00 21. Federal -Aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. _� 1re `A nr� 1/12/2023 23. Local Agency Representative's Signature 24. Date 15. Prep Signature 16. Date Mike Koester, CHMM, REP 303.291.6265 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Vice President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Engineering Services 2. Contract DBE Goal: 8% 4. Project Location: City of Santa Ana 5. Consultant's Name: UltraSystems Environmental 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000.00 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Environmental Consulting Services 25485 Betsy A. Lindsay $76,000 Local Agency to Complete this Section $ $76,000 20. Local Agency Contract 14. TOTAL CLAIMED DBE PARTICIPATION 8 21. Federal -Aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1 /9/2023 23. Local Agency Representative's Signature 24. Date 15 Prep rer's Signature 16. Date Betsy A. Lindsay 949/788-4900 x2 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone President/CEO 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On Call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Tetra Tech, Inc. 2. Contract DBE Goal: 8.00% 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information 10. DBE % Supplied Number On -Call Environmental Services NA NA 0.00 Air Quality, Greenhouse Gas, Noise, Biological 25485 Betsy Lindsay, 949-788-4900, 8.00 Resources, and Cultural Resources Studies. blindsay@ultrasystems.com Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 8.00 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless o tier. Written confirmation of each listed DBE is this form is complete and accurate. required. 10/20/2021 12. Prepa nature 13. Date Mike Koester, CHMM, REP 303.291.6265 14. Preparer's Name 15. Phone Vice President 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Environmental Services 4. Project Location: TBD 5. Consultant's Name: U1traSystems Environmental Inc. 2. Contract DBE Goal: 8% 6. Prime Certified DBE: Z 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information 10. DBE % Environmental Consulting Services 25485 Betsy A. Lindsay, President/CEO 949-788-4900 x227 8 Local Agency to Complete this Section 11. TOTAL CLAIMED DBE PARTICIPATION 17. Local Agency Contract Number: 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 10/05/2021 12. Preparers Signature 13. Date Betsy A. Lindsay 949-788-4900 x227 14. Preparer's Name 15. Phone President/CEO 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, Dudek ("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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. Page 1 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (1 U) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. M. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. ❑. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the projects). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the tern of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. G. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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. 7. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 5 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 S. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code S (hired) and 9 (non -owned), with Iimit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified mininmurn limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work Page 6 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Page 7 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their 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 Page 8 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 Page 9 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 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 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Page 10 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Sox 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Joseph Monaco President & CEO Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Fax: 949.450.2525 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts Page 11 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. C. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. e. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Page 13 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DDT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national Page 14 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. i. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be Page 15 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 94 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. p. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), [prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and Page 16 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, Page 17 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 QoruSign Envelope ID. FC7E9346-8A22-1923-6Q05-AA3CA0439841 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND DUDEK 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 NDON SALVATIERRA Deputy City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency KRISTINE RIDGE City Manager CONSULTANT F aocu5igncd by ScfL hbV'W JOSEPH MONACO President & CEO Dudek Page 19 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT A SCOPE OF SERVICES Page 18 QocuSign Envelope ID. FC7E9346-8A22-4923-BQ05-AA3CA0439841 Appendix ATTACHMENT I SCOPE OF WORD CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND Tlie City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the Following: + Initial Study + Noise Impact Stud ■ Notice of Exemptions ■ Biological Studies • Negative Declaration ■ Cultural Resources Stud + Mitigated Negative Declaration • Geological/Soil Stud + Notice of Preparation Hydrology/Water Quality Stud ■ Notice of Intent Water Assessment Stud • Notice of Availability ■ Mineral Resources Stud • Notice of Determination + Utility/Sewer Stud ■ Environmental Impact Report ■ Traffic Stud + Environmental Assessment ■ Mitigation Monitoring Program ■ Environmental Impact Statement ■ Preparation of Response to Comments + Categorical Exclusion + Preparation of Statement of City of Santa Ana RFP 21-105 Page Al-1 QocuSign Envelope 10. FC7E9348-8A22-4923-6Q05-AA3CAO439841 Overriding Considerations • Preliminary Environmental Study ■ FAA and. ALUC Required ■ Historic Records Search ■ Public Outreach ■ Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study + On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary_ PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must snatch those included in the approved agreement. SPECIAL REQUIREMENTS (ATTACHMENT 4} This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced fonns included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: ■ LAPM Exhibit 1 q-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment ■ LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within. Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https:lldot.ca.gov/-imedia/dot-medi alprograms/local-assistance/documentsllal2mlch I fl.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (1-12 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 QocuSign Envelope ID. FC7E9346-8A22-4923-BD35-AA3CAO439841 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-012 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independentltp download anv of the Caltrans Exhibits required per this RFP, visit: https:lldot.ca.2ov/1iro�-rams/local-assistance/fonns/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) Page 19 ?1:F. r • PROPOSAL ON -CALL ENVIRONMENTAL SERVICES CITY OF SANTA ANA OCTOBER 21, 2021 27372 Calle Arroyo / San Juan Capistrano, CA 92575 / 949.450.2525 D U D E K DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CA0439841 STATEMENT OF QUALIFICATIONS Cover Letter October 21, 2021 City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Lin -Call Environmental Services RFP#21-105 Dear Mr. Thomas, Providing the City of Santa Ana (City) with successful environmental consulting services requires an understanding of local regulatory compliance and resource issues —an understanding used thoughtfully and precisely to balance concurrent environmental analyses and project reviews. Dudek has provided environmental services throughout Orange County (County) for more than 20 years. We propose our full breadth of services for all three areas listed in this Request for Proposals (RFP), (i.e., 1) Environmental Services, 2) Technical Studies, and 3) Staffing Services). As an on -call consultant, we offer the City the following strengths: Recognized On -Call Experts with Local Experience. We specialize in providing on -call environmental and planning services to California municipalities. Locally, we hold on -call contracts wit# the County and the Cities of Irvine, Anaheim, and San Clemente. We will provide the City's decision makers with the necessary information to comprehend each development application and work seamlessly with City staff to process all sizes and types of projects. Dudek has successfully completed more than 3,200 California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and state and federal environmental regulation documents for projects throughout California. We will leverage our in-house technical experts when producing the required technical reports to save the City time and money. Responsive Project Management. Project Manager Rachel Struglia, PhD, AICP has prepared numerous CEQA documents for both municipal and private projects. Her experience and local knowledge will allow her to prepare environmental documents that meet City standards and expectations. She will manage this project from our office in San Juan Capistrano, with support from our Encinitas and Pasadena offices. Diverse Technical Specialties. As a midsized firm, Dudek is small enough for project managers to make nimble decisions, quickly draw from our pool of technical resources, and stay engaged with you from start to finish. But we are large enough that our diverse staff can tackle a spectrum of environmental and planning challenges. Team leaders can quickly mobilize the right technical experts for a project, drawing from a deep bench of professionals is available for this contract. Our analysts On -Call Environmental Services RFP# 21-105 QocuSign Envelope ID: FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK conduct research and other tasks supervised by senior staff, providing a cost-effective approach while maintaining high -quality products. In addition, ❑udek can assist the City with various grant opportunities to secure project funding. We look forward to continuing our productive working relationship with the City. If you have any questions, please contact Dr. Struglia at 949.373.8318 or rstruglia@dudek.com. This proposal is valid for 189 days after submission. Sincerely, Joseph Monaca Rachel Struglia President and CEO Project Manager jmonaco@dudek.com rstruglia@dudek.com Joseph Monaco is authorized to sign on behalf of Dudek. Contract Agreement Statement ❑udek has reviewed the City's Attachment 2 Sample Agreement included in the RFP and we concur with the provisions contained therein if selected. Dudek proposes the following suggested changes to the contract: Section 9: Dudek requests the following sentence be added to the end of paragraph - "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." Firm and Team Experience The Dudek Advantage ❑udek assists municipalities on a broad range of projects that improve California's communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. We have a long history of providing environmental services to municipalities in Orange County (County) and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation. With more than 79 successful on -call Southern California municipal contracts, Dudek has built a reputation for providing Dudek at a Glance ■ Multidisciplinary environmental and engineering services • 700+ employees • 16 ❑ffices ■ Founded in 1980; employee -owned ■ Top 125 U.S. Environmental Firms (Engineering News -Record) ■ 92% rating for reliability, timeliness, and responsiveness (Dun & Bradstreet, 2016) ■ More than 160 on -call environmental contracts throughout California On -Call Environmental Services RFP# 21105 Docusign Envelope 10. FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK exemplary supplementary environmental, planning, regulatory, engineering, construction management, operations, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals. Dudek's project managers are empowered to make nimble decisions and quickly draw from our pool of technical experts, including the following: • California Environmental Quality Act/National Environmental Policy Act (CEQAINEPA) specialists ■ Land use planners certified by the American Institute ❑f Certified Planners ■ California Department of Fish and Wildlife (CDFW)- and U.S. Fish and Wildlife (USFWS)-certified biologists • Registered professional archaeologists • Registered landscape architects ■ Certified arborists and foresters ■ Noise and air quality specialists ■ Certified geographic information system (GIS) professionals ■ Certified hydrogeologists ■ Licensed geologists ■ Licensed professional engineers ■ Licensed contractors Dudek Services ■ Agency P&rmdting • Biological SUIVeYS and Monitoring ■ CEQAINEPA Compliance ■ Coastal PlanninglPermitting • Cultural Resources • Civil Engineering ■ Construction Management ■ Environmental Planning ■ Habitat Restoration and Management • Hazardous Materials Testing ■ Hydrology ■ Urban Forestry • Wildfire Protection Planning ■ Water Conservation Planning ■ Water Infrastructure Planning and Design We will expand the City's ability to tackle more projects with our skilled staff and will expedite complex project processing by leveraging our long-standing relationships with regulatory agencies. We will integrate into your team in the most seamless and productive way possible, mobilizing specialized technical professionals quickly to meet City project needs. Environmental Services CEQA/NEPA ❑udek has one of California's largest, most experienced teams far CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,200 CEQAINEPA documents for a variety of large and small development, restoration, and conservation projects throughout the state. Dudek's environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQAINEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints. We produce complete CEQAINEPA documents done right the first time. Our environmental planners work with ❑ur in-house technical publications editors and graphic designers to prepare high -quality documents that are clearly ❑rganized and easily interpreted by the public, agencies, and individuals responsible for future project development. On -Call Environmental: Services RFP# 21105 DocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK We efficiently coordinate and prepare reports by utilizing our in-house technical experts. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Technical Studies Historicai Resources Assessments ❑udek's built environment team is led by experienced architectural historians and historic preservation experts specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the California Register of Historical Resources, and local -level evaluation criteria and integrity requirements. Our team has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles, including private residential, commercial, transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a variety of engineering structures and water conveyance resources. They also provided expertise on numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings. Cultural and Tribal Cultural Resources Studies ❑udek's cultural resources staff have more than 24 years' experience directing and executing all phases of cultural resources investigations, including surveys, significance determinations, and data recovery mitigation programs. Our professionals have the expertise and capability to fulfill on -call services of any scope and size in any jurisdiction. Their capabilities include constraints/feasibility analyses, literature overviews and archival research, predictive modeling, field inventories, archaeological sampling, significance and eligibility evaluations, data recovery, monitoring and compliance oversight, mitigation implementation, historical studies, landscape studies, Native American consultation and ethnography, preservation planning, custom GIS-based data management applications, and CEQAINational Historic Preservation Act documentation. Biological Resources Assessments ❑udek's biologists work and consult regularly with the USFWS, U.S. Army Corps of Engineers, CDFVV, and Regional Water Quality Control Board to obtain project -specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany, mammalogy. herpetology. entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat and wetlands restoration. Our biological team has surveyed and tracked wildlife movement throughout the County. We have state and federal permits for surveying, banding, and trapping numerous threatened or endangered wildlife species, listed plant species, and many other species. Our biologists also have extensive experience with a range of listed and unlisted special -status plant species. Air Quality and Greenhouse Gas Emissions Studies Dudek environmental planners and engineers have prepared air quality impact analyses for construction and operation of facilities and public infrastructure projects throughout California. Dudek is familiar with the California Emissions Estimator Model (CalEEMod) and tailors significance conclusions 0n-Call Environmental Services RFP# 21105 Docusign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CA+7439841 DUDEK to meet the needs of the lead agency. In tune with regulatory changes, Dudek develops and refines appropriate approaches to global climate change analysis. Noise Impact Studies Dudek guides land developers, engineers, architects, and public agencies through noise -control regulation compliance to cost-effectively plan technically sound acoustic designs into their projects. Dudek acousticians conduct noise assessment studies and design effective mitigation or control strategies; assist With criteria selection and design solutions for noisy construction and operational equipment during project planning; and assist with ail types of architectural acoustics. Specific areas of expertise include CEQAINEPA environmental noise studies; environmental/community noise and vibration studies; and mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendations. Hazardous Materials and Environmental Site Assessments Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential environmental/hazardous waste liabilities associated with project sites- We also prepare reports outlining the presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations. We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank removals and in -field hazardous materials removal. Hydrogeology and Water Quality Studies The Dudek team performs hydrologic, hydraulic, and water quality analysis to support a broad range of permitting efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits. Dudek engineers, hydrologists, hydrogeologists, landscape architects. and planners provide proven and complete stormwater, surface water, and groundwater quality resource services in house- This allows the Dudek team to coordinate planning, design, and project implementation in a timely and cost- effective manner. Dudek hydrogeologists can assist with development of project design features; water quality impact assessment; and conformance with state, regional, and local regulations. Dudek is familiar with local water quality parameters and understands the relevance of applicable regional, state, and federal regulations - Urban Forestry and Arborist Studies Our urban forestry team is one of the most diverse and experienced in the state. We have decades of experience working throughout California on various street tree and urban forest projects. We also have extensive experience assisting municipalities with on -call arboricultural consulting and technical services to augment staff expertise or provide additional support- Our urban forestry and arboriculture professionals' varied backgrounds and expertise provide a well-rounded perspective and proven techniques for urban forest assessment, mapping, and management. We also offer fire protection planning expertise to augment our forest management assessments and planning. We analyze project impacts to native oak trees, stands, and woodlands; determine which trees can be preserved and which will require removal; and develop ecologically sensitive oak mitigation plans. Additionally, we have extensive experience creating andlor reviewing oak- and scrub oak -related arborists' reports - on -Call Environmental Services RFP# 21-1.05 Docusign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Water Supply Assessments and Utility/Sewer Studies Dudek will evaluate potential impacts to public services and utilities, and we will estimate any increases in water supply demand, wastewater generation, solid waste generation, and public service demands, utilizing available projection factors, infrastructure master plan documents, urban water management plans, or other existing documentation, as well as personal communication with these organizations. Transportation Planning and Traffic Studies Successful transportation planning, assessment, and design require in-depth understanding of evolving technology and an ever -changing regulatory landscape. Our certified transportation planners and professional engineers understand the latest transportation regulations, and implement best practices to help you develop or adapt projects to maximize your budgets and minimize potential impacts. We provide technical transportation planning, traffic impact assessment, engineering design, CEQA and NEPA expertise, quantifying project effects using the appropriate metrics and methods for project -specific concerns. We help you tackle short- and long-term transportation challenges, whether they relate to capital projects, programs, or long-range plans. Transportation Specialities • Multi -Model Planning Analyses • Complete Streets Consultation • General Plan/Master Plan Studies • Specific Plan Studies • Traffic PlanninglOperations Studies • Site Access and Circulation Studies • Traffic Signal ❑esigo Traffic Singing and Stripping Design We prepare vehicle miles traveled (VMT) analysis per Senate . Construction Zone Traffic Bill 743 and the recently updated CEQA guidelines, as well as, control Plans determine appropriate significance criteria For transportation • PreliminarylConceptual impacts. Dudek's transportation staff utilizes region and project Engineer(.ng specific analysis methodologies including travel demand models • Parking Design and Planning (i.e., trip based model, tour based models), sketch models (i.e., CaIEEMod, Sketch 7, Urban Footprint, MXD), and spreadsheet models (i.e., VMT calculator, VMT estimator); research into regional or local transportation plans and policies; and, trip characteristic data and travel surveys (e.g.. California Household Travel Survey), to calculate and estimate VMT. For significant VMT impacts found, Dudek can identify feasible mitigation measures such as Transportation Demand Management strategies (e.g., land use/location, site enhancements, parking policies, commute trip reductions programs) that could reduce VMT to meet regional goals or standards. Our experienced in-house transportation and air quality experts work hand - in -hand to guide projects through VMT analysis under Senate Bill 743, saving our clients time and money by providing multiple services under one roof. Our transportation planners and engineers also assess traffic operations to verify efficient and safe mobility for all modes of motorized and non -motorized travel. Dudek uses the Highway Capacity Manual and Intersection Utilization Capacity (ICU) methodologies to analyze traffic operations on street networks. !n addition, Dudek provides analysis of site access and circulation design as well as adequacy of on -site parking through parking demand studies. Further supporting our transportation efforts is CR Associates (CRA). CRA has established itself over the past 10 years as a trusted transportation planning and engineering firm that is committed to planning transportation systems and identifying mobility improvements that create and support vibrant and sustainable communities. They have consistently demonstrated expertise in conducting accurate an -Call Environmental Services RFP# 21-1.05 QocuSign Envelope IC: FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK analyses and evaluations, and in making the critical decisions required to move projects and plans forward with successful resolution of key issues. CRA provides a fully rnultimodal approach, building upon the multi -dimensional experiences of its staff, along with its dedication to serving the full range of client needs. Additionally, they have delivered numerous active transportation plans, multimodal mobility studies, and circulation elements to jurisdictions and communities across the Southwest United States, Grant Writing and Support, Grant Funding Research, and Proposal Development ❑udek's grant writing experts assist agencies in identifying appropriate grant opportunities for their projects. Using a targeted approach, we analyze project objectives, match goals to opportunities, and employ a "writing -to -win" approach. We understand that successful grant funding consists of two-thirds planning and one-third writing. We assist with fund disbursement and reporting compliance, aflowing our clients to focus on project implementation, while we complete administrative tasks. Our team provides a full range of grant administration services, including developing project- and grant/loan-specific templates and forms; generating materials packages and documents for agency review and processing; negotiating favorable grant terms and/or extensions, when needed; and coordinating with project proponents to submit necessary grant reimbursement materials. Our Team The Dudek team, as displayed in Figure 1, provides a strong background of local experience specifically applicable to the City's needs. All team members can commit substantial effort to the task when it is necessary for the success of a project. in the event that Project Manager, ❑r. Struglia is not available for any reason, Patrick Cruz can be expected to assume the role of Dudek point of contact. In addition to our team's firm -wide experience, each member of our proposed project team has expertise that will facilitate knowledgeable and thorough work for all project tasks. Table 1 provides a brief biography for each key team member, and full resumes for the entire team can be found in Appendix A. On -Call Environmental Services RFP# 21-105 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDEK Figure 1- Dodek Team Organization PROJECT MANAGEMENT Project Manager Rachel Struglia, PhD, AICP TASK LEADERS Environmental Task Lead Environmental Task Lead Erwironmental Task Lead Natalie Swith q;,y: h:ir:l Patrick Crux Environneentd Task Lead Transportation/Caltrans Andrew Talbert. AICP Lead Jason Reynolds PROJECT TEAM Aesthetics Geology, Soils, Mineral Noise Urban forestry Josh Saunders, AICP Resources. Paleontology Mark Storm, iNCE fad. Cert. Michael Huff Eric 5chniewind Air Quality, Greenhouse Michael Williams, PhD population and Housing, Wildfire Gas Emissions, Energy, Recreation, Public Services Dana Link -Herrera Health Risk Assessments Hazards and Hazardous Hayley Ward Jennifer Reed Materials Grant Writing Glenna Mr Matwn, PE, CEM Transportation Jane Gray Biological Resources Dennis Pascua Tommy Mvlioo Hydrology and Water Charles Greely, PE Outreach Cultural Pesourees Quality Eric 5chniewind CRAssociates KatherfrwPadilla ond Associates* Adam Giacinto, RPA Land Use and Planning Utilities and Service Built Emrrranmerrt Ha le Ward y y ''�st� Hayley Ward Sarah Corder, MFA ' ❑9E SUkam uftan [s Table 1. Key Personnel Qualifications Rachel Struglia, PhD, AICP, Project Manager Availability: 50% University of California, Irvine PhD, Environmental Analysis and Design Arizona State University MS, Justice Studies Rachel Struglia is a principal and project manager with 23 years' experience preparing California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) documents in both the public and private sectors. ❑r. Struglia is experienced in managing CEQA documents for large infrastructure projects and has completed program environmental impact reports (PEIRs) for On -Call Environmental Services RFP# 21105 8 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 1. Ivey Personnel Qualifications University of Connecticut BA, Anthropology University of California Riverside, Extension Certificate in Educational Facilities Planning American Institute of Certified Planners (AICP) Metropolitan Water District, Orange County Sanitation District, Riverside County Community College District, North Orange County Community College District, and Coast Community College District (CCCD). She has also managed general plan environmental impact reports (EIRs) and specific plans, as well as infill, residential, commercial, industrial, and school ElR projects. Dr. Struglia leads Dudek's CEQA practice in Orange County and has the role of statewide water sector leader. In this role, ❑r. Struglia focuses on infill development, retail redevelopment projects, school projects, and water infrastructure projects, including regional conveyance and groundwater recharge projects, recycled water projects, and water treatment projects. Natalie Smith, Duke University MEM, Natalie Smith is a senior environmental project Environmental Task Environmental manager with 20 years' experience throughout the Leader Leadership 2013 southwestern United States, Australia, and the Availability.: 60 Manchester South Pacific Islands. She has extensive Metropolitan University, experience working on a broad range of complex Institute of Place in and highly controversial environmental issues, Management specializing in water/wastewater infrastructure, Certificate, Place environmental compliance, and natural resource Management. 2013. management in the private, public and non-profit Duke University, sectors. Ms. Smith has worked alongside Executive Education engineers to determine project feasibility and cost, Program Certificate, formulate project alternatives, conduct NEPA. 2011 environmental review, and secure permits for a variety of capital improvement, infrastructure, and New Mexico Institute of resource management projects. She has prepared Mining and Technology and managed complex multidisciplinary technical BS, Environmental analyses in compliance with the CEQA, NEPA, Science with Biology FERC, CERCLA, RCRA, the federal and California CITI Certification for Endangered Species Acts, Section 401, 402, and Protection of Human 404 of the Clean Water Act, Sections 10 and 14 of Research Subjects, the Rivers and Harbors Act, Safe Drinking Water 2014 Act, and other state and federal regulations. Australian Institute of Petroleum Certification Alex Hardy; San Francisco State Alex Hardy is an environmental project manager Environmental Task University with 17 years' experience as a researcher and Leader MA, History author, project manager, program manager, Availability: 40 (Environmental and quality -control reviewer, and strategy advisor. Mr. Urban History Hardy has extensive experience preparing the full emphasis) spectrum of the CEQA documents for local On -Call Environmental Services RFP4 21-105 DocuSign Envelope 10. FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 1. Key Personnel Qualifications University of California, Berkeley BA, History Patrick Cruz, University of California, Environmental Task Santa Barbara Leader BA, Environmental Availability- 50% Studies BA, Geography (GlS emphasis) Andrew Talbert, AICP University of California, Environmental Task San Diego Leader BA, Environmental Availability: 40% Systems Policy American Institute of Certified Planners (AICP) Jason Reynolds, California Polytechnic TransporfationlCaltrans State University, San Task Lead Luis Obispo Availability: 30% BS, City and Regional Planning, jurisdictions, public agencies, and private developers- Mr. Hardy has served as environmental program manager and task order manager for the San Diego Country Water Authority, working on all aspects of environmental review and compliance with that organization's Water Resources Division. He has also overseen environmental review for various utility projects, including electrical transmission upgrades, pipeline work, and water wells for San Diego Gas and Electric and the City of Vista, as well as the Otay Water District. Patrick Cruz is an environmental analyst with a strong foundation in urban and regional planning and CEQAINEPA compliance- Mr- Cruz specializes in environmental impact analysis and provides analytical support and project management assistance to senior staff for a variety of projects throughout Southern California. He has experience with both public and private projects ranging from education projects specific plans, development projects, renewable energy development, and water and wastewater infrastructure Andrew Talbert is an environmental planner with 7 years' experience in environmental analysis and the application of CEQAINEPA through the preparation of environmental documentation. Mr - Talbert has served as project manager and primary author for environmental documents for numerous projects throughout San Diego County and Southern California. Clients consist of public and private entities, and project experience includes residential Specific Plans, development projects, transportation improvements, and water and wastewater infrastructure Jason Reynolds is Dudek's Transportation Sector Market Leader and a Senior CEQAINEPA Project Manager with 25 years' experience with environmental management for transportation systems. Mr. Reynolds' experience includes conducting and managing joint CEQAINEPA based delivery across a broad range of project types at differing scales and complexities. He has a diverse range of project experience, Including local roadway improvements, interchanges, grade seoarations. bridaes. freewav deckinalcaor)ina. bus On -Call Environmental Services RFP# 21-105 1.0 QocuSign Envelope IC: FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK Table 1. Ivey Personnel Qualifications Name/Role Certifications rapid transit (BRT), light rail, passenger rail, high- speed rail, and major transportation corridors. Mr. Reynolds successfully guides projects from inception, through the bid and award process, into construction. In addition, Mr. Reynolds is knowledgeable about all Caltrans policies and procedures, as a former District 11 Environmental Division Branch Chief with 9 years' experience working for Caltrans. He has applied his institutional knowledge and understandings of the Caltrans project development process to leverage and facilitate delivery of comprehensive services on numerous related projects. Phuong Nguyen, PE, San Diego State Phuong Nguyen has 14 years of experience Traffic Consultant University providing engineering services to the transportation Availability: 35°Q BS, Civil Engineering industry. He has been responsible for project and task management on a number of efforts ranging from parking plans, traffic operations, micro - simulation, peer review, and transportation impact analysis to conceptual engineering. Phuong is very experienced in the application of transportation planning and traffic engineering analysis software, such as VISSIM, Synchro/Si mTraffic,Vistro, Traffix, Highway Capacity Software (HCS), Complete Street Level of Service (CSLGS), Rodel Roundabouts, and SANDAL MXD method & tool for Smart Growth Trip Generation. Jessica Padilla Bowen, San Diego State Ms. Padilla Bowen joined KPA in 2020, bringing Outreach University, San Diego with her more than 20 years of experience in Availability- 25°fin Master of Public government and nonprofit communication. She Administration spent 15 years working in communication for the Occidental College, Los City of Carlsbad serving various departments Angeles including Community & Economic Development, Public Works, Library & Cultural Arts and more. BA, Theater & She also served as Public Information Officer in the Economics City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print and radio interviews. On -Call Environmental Services RFP4 21-105 1.1 QocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CA+3439841 DUDEK Understanding of Need Dudek has an effective and proven project approach- We manage projects to meet client and technical needs, using sound science and engineering principles, a focus on data quality, and careful management of budget and schedule milestones. Our approach to this, and every, project begins with solid project management and quality assurance/quality control processes. Our focus on these central tenets to performing environmental work has guided our expert technical project support for the past four decades. Project Management Approach The primary aspects of ❑udek's approach to project management include communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls. and predicting and avoiding risk. Dudek prides itself on also integrating a fundamental Focus on high -quality work, optimized resource allocation, sub -service provider management, and change management, as well as maintaining focus towards meeting both client and project goals and objectives. The following sections describe the Dudek project management approach. Our approach focuses on the following five main components: • Project planning • Communication • Project execution ■ Project control ■ Quality control The Dudek team is experienced In applying an adaptive management approach to adjust the level of detail or use of specific project management techniques and tools as necessary on as -needed task assignments. Project Planning Planning is a critical step in the successful management of every project. Dudek project managers begin the planning stage during the development of the project/task proposal and continue apptying an adaptive approach throughout project execution- Planning considerations include the following: ■ Clarifying the project requirements and confirming the project goals and outcomes • Communicating with the client, project stakeholders, and the sub -service provider team • Iteratively estimating and refining resource requirements, level of effort. and cost ■ Monitoring project budget and schedule ■ Integrating quality standards at each project stage The Dudek approach applies these planning concepts throughout the project life cycle. Communication The most -effective project manager is one who facilitates the continual flow of information, data, instructions, and guidance among the City, Dudek team members, and sub -service providers. When 0n-CalI Environmental services RFP# 21-1.05 1.2 QocuSign Envelope 10. FC7E9346-8A22-4923-6005-AA3CAO439841 DUDEK maintaining this flow, we use resources efficiently and minimize wasteful rework. We achieve constant communication through: ■ Regularly calling or emailing the City's key contact staff person to discuss project milestones, activities. and potential issues ■ Regularly discussing the project with key project staff to coordinate work efforts, monitor task completion, and review budget conformance-, ❑udek's key staff have worked together closely for more than 10 years • Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules ■ Meeting with City staff at design milestones and other strategic junctures ■ Diligently documenting issues. action items, and decisions Project Execution The structure and flexibility of the Dudek team provides the ability to adapt resources and the execution approach to meet project needs throughout the project life cycle. The Dudek project execution approach is based on applying a common understanding of the goals and objectives to project -related decision making. Key aspects of the Dudek approach include identification of logistical, environmental, and regulatory factors with potential project impacts: evaluation and communication of critical issues: and focus on quality data collection, analysis, and reporting. Protect Lonti-oi5 ❑udek's project managers monitor and control the project budget, schedule; and quality using a suite of tools from project inception to completion. Dudek project tools include real-time project budget management, schedule management software, and quality assurancelquality control checks- As the project advances, our project manager communicates with the team on a regular basis to evaluate project resource requirements, budget, and schedule. Quality Control Document Production ❑udek's editorial team will work closely with our project manager to apply the highest standards of quality to all deliverables- For a typical Dudek work product, the following process will be used: ■ Technical Review- An appropriate technical reviewer will be assigned to all written work products. This step in the review process is focused on the legal adequacy and technical accuracy of all deliverables, and multiple reviewers may be used depending on the complexity of the document. • Editorial Review- Once the technical review is complete, Dudek editors will conduct an editorial review of deliverables. Prior to submittal to the City, each document will be formatted by Dudek's publications staff - Document Production- ❑udek's publications production team verifies the quality of each formatted document before publication. ❑udek's editorial team, in collaboration with the publications and information technology (IT) staffs, will produce and publish the Web versions of project deliverables. 0n-CalI Environmental services RFP# 21-1.05 1.3 Docusign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK The Dudek team understands and will leverage our experience regarding the unique requirements of the City's On -Call Environmental Services contract, including the need for customized, comprehensive, and flexible capabilities that are responsive to any task order needs. We recognize the services could be applicable to any stage of the project development process, from concept development to construction compliance/post-construction restoration. Dudek also understands the services are likely to include both direct project implementation along with oversight and review responsibilities. The Dudek team's diversity matches those needs in an unprecedented manner, including highly skilled and experienced practitioners. Steps will be taken in the field, office, and laboratory to ensure that data are transferred accurately from collection to analysis to reporting. Sample documentation, including labeling and chain -of -custody forms, will be completed to ensure that data are transferred accurately to the laboratory, as applicable. Notes will be taken in the field to double check chain -of -custody forms for accuracy. Laboratory reports will be checked for completeness. Final laboratory reports will be reviewed by the laboratory quality assurance manager or laboratory project manager for errors before release- GIS Data Methods Data collected or received by Dudek are cataloged in a master data intake database that is stored in a commonly accessible network location with other spatially related files and metadata files for management/control according to ❑udek's policy for GIS project data organization. Electronic deliverable data and data tables will be checked against the hard copy laboratory reports. All spatial data received will be reviewed for metadata and verified visually- Dudek -generated data will undergo quality control checks for completeness, accuracy, and precision, as well as appropriate metadata completeness. Given our mid -size company make-up Dudek possesses the breadth and depth of resources necessary to fulfill the City's contract demands, while also having a unique and balanced ability to adapt to any potential circumstances that may arise during the life of the contract. The Dudek team is able to and will rapidly respond to, mobilize; and implement any of Santa Ana's project/program delivery objectives, and we are excited to be working in partnership with the City as part of this contract- To further support Santa Ana's on -call environmental needs, we have also carefully selected a diverse team of subconsultants that share our passion for high quality, consistent, timely, and on -budget program delivery. Our contract history with each of our teaming partners will allow for a seamless and fully integrated consultant team that the City can confidently rely upon. Relevant Project Experience Tabte 2 provides a list of on -call environmental service contracts that Dudek has begun or completed within the past 5 years, including significant work with public agencies. Following the table, project descriptions detail selected completed work and client contact information. On -Call Environmental Services RFP# 21-105 ! 4 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 2. Southern California Environmental and Technical Services Contracts City of Anaheim As -Needed Environmental Services City of Carlsbad As -Needed Environmental Planning Services City of Chula Vista As -Needed Environmental Services City of Cortina As -Needed Engineering and Environmental City of Covina As -Needed Environmental Services City of Fontana As -Needed Environmental Services City of Glendora As -Needed Environmental Services City of Irvine As -Needed Professional Consulting Services City of Los Angeles As -Needed CEQAINEPA Documentation and Environmental Services City of Los Angeles On -Call Environmental Services City of Los Angeles On -Call Environmental Assessment and Air Quality Services City of Rancho Santa Margarita On -Call Environmental Review Consulting City of San Clemente On -Call Environmental Services City of San Diego As -Needed Environmental Services City of San Diego As -Needed Planning Services City of San Diego As -Needed Watershed and Resource Protection City of San Diego As -Needed Archaeological Monitoring and Cultural Services City of Vista As -Needed Environmental Consulting City of Yucaipa On Call Professional Environmental Services County of Los Angeles On -Call Environmental Services (Infrastructure) County of Los Angeles On -Call Environmental Services (Water Resources) County of Los Angeles On -Call Environmental Services (Federal Projects) County of Orange As -Needed Restoration Services County of Orange On -Call Environmental Services, Planning, and Regulatory Permitting County of Orange On -Call Regulatory Permitting Services County of San Bernardino On -Call Environmental Services for Operation and Maintenance County of San Bernardino On -Call Biological Services County of San Diego As -Needed Environmental Consulting Services County of Santa Barbara On -Call Archaeological Services On -Call Environmental Services RFP# 21-105 1.5 DocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK Table 2. Southern California Environmental and Technical Services Contracts Orange County Community Resources On -Call Environmental Services MWD of Southern California Orange County and San Bernardino Operation and Maintenance EIRs Pork of San Diego As -Needed Planning, Environmental and Technical Services Pork of San Diego As -Needed Environmental and Land Use Project Management Services Rancho Mission Viejo Company Habitat Conservation Plan Implementation Development Support San Diego Association of Governments (SANDAG) As -Needed Environmental Support Services for SANDAG SANDAL, Caltrans As -Needed Environmental Services San Diego County Water Authority As -Needed Environmental Services State of California As -Needed Southern California CEQA Services Notes: CEQA = California Environmental Quality Act; NEPA = National Environmental Policy Act; SANDAG = San Diego Association of Governments. Client and Contact: County of Los Angeles, Department of Public Works; Ed Dingman, 625.458.2593; edingman@dpw.lar-ounty.gov Completion Date: July 2418 Location: Los Angeles County, California Description-. Dudek provides on -call environmental services for the Programs Development Division in support of transportation projects across the County's 2,650-square mile service area. Services include environmental document preparation pursuant to CEQAINEPA; environmental planning; field resource services and activities (e.g., biological and culturalltriballarcheological to comply with State and Federal laws); biological surveys and monitoring; certified arborist services, literature and electronic database reviews; technical studies (e.g., air quality, traffic, noise, climate change, water quality, aesthetics, etc.); feasibility studies, including biological technical assessments; public meetings; and document publications. Representative projects include the Woolsey Fire Guardrail Replacement Project, Mureau Road Bikeway and Road Improvements Project, and Palos Verdes Sewer Line Emergency Repair Project On -Call Environmental Services RFP# 21-105 1.5 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Client and Contact: North County Transit District (NCTD), Bruce Smith (formerly with NCTD and now with SANDAL as Principal Engineer); bruce.smith@sandag.org; 619,699.1907 Completion Date: March 2016 Location: North San Diego County, California Description - Dudek provides on -call CEQA/NEPA services and full range of associated technical support services to NCTD. Services covered under this on -call can include preparation of environmental documents pursuant to CEQA and/or NEPA, undertaking surveys and technical reports either independently or in support of environmental documents, and providing compliance services to NCTD for ongoing construction and operations. Under the on -call contract Dudek has performed raptor nesting surveys and secured highest ratings on NCTD's evaluation forms for our services. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714,834.4000 Completion Date: June 2018 Location: Santa Ana, California Description: Under its existing on -call contract with Orange County Public Works, Dudek has provided effective mitigation planning and biological monitoring services for the Los Alamitos Pump Station, Talbert Nature Preserve South, Laguna Canyon, and Haster Basin Mitigation Projects. As the biological monitoring team during mitigation monitoring periods for these projects; Dudek was asked to evaluate ongoing problematic site conditions and provide effective adaptive management recommendations that would bring the mitigation into compliance with mitigation performance standards. Dudek has performed monitoring at Talbert Nature Preserve South, including comprehensive site investigations, soil sample collection, testing and analysis, surface hydrology evaluation, polyphagous shot hole borer infestation evaluation, and botanical monitoring. Dudek provided recommendations to the maintenance contractor through quarterly monitoring reports. Dudek identified significant site constraints that prevent target riparian habitat development and formed the basis for creative recommendations to achieve permit requirements, including a pilot project to test a new riparian mitigation approach in response to hyper soil salinity. Dudek is preparing annual reports and an annual assessment of progress toward mitigation goals. Dudek also designed and prepared a habitat management and monitoring plan and construction documents for the Edinger Bridge Replacement Project, which detailed implementation, monitoring, and maintenance for establishment of approximately 1.25 acres of native salt marsh at the Talbert Nature Preserve South - On -Call Environmental Services RFP# 21105 17 DocuSign Envelope 10. FC7E9346-8A22-1923-BD05-AA3CAO439841 DUDEK Centennial 'Park Lake Rehabilitation Project Client and Contact: City of Santa Ana, Suzi Furjanic, Associate Park Planner; sfurjanic a@7santa- ana.org; 714.667.2267 Completion Date: March 2020 Location: Santa Ana, California Description - Dudek was hired by the City of Santa Ana to develop a comprehensive rehabilitation plan for Centennial Park Lake and the area surrounding the lake. The goal of the rehabilitation project was to identify problems, and needs with the lake, lake equipment, the lake park area, park visitors, and lake maintenance. Dudek staff performed a comprehensive site analysis through a review of the lake as - built plans, right-of-way documents, existing utilities plans, soils and geologic information, and irrigation plans. In addition, Dudek staff visited the park to take a detailed survey and inventory of the equipment on -site and the operational status of each piece of equipment. Additionally, lace water and soil samples were taken and analyzed to assess the water quality and type of the subsurface lake Ladd Canyon Bridge Replacement Project MND Client and Contact. Orange County Public Works, James Volz, Project Manager; James.Volz[7a ocpw.ocgov.com; 714.834.4000 Completion Date: August 2021 Location: Orange, California Description. Dudek supported the County through) the CEQA and Caltrans National Environmental Policy Act (NEPA) compliance process for this project. Dudek prepared a Mitigated Negative Declaration (MND), Preliminary Environmental Study checklist, and various technical studies to satisfy the Caltrans NEPA compliance process. The project involves the replacement of an existing bridge with a Client and Contact: City of Anaheim Public Utilities Department; Jonathan Sanks, Environmental Services and Safety Manager; jsanks@anaheim.net; 714.765.4117 Completion Date: March 2021 Location: Anaheim, California Description: Dudek assisted the City of Anaheim Public Utilities Department with technical studies in support of CEQA for additional water treatment, produc#ion and distribution facilities at four sites in the City of Anaheim. The additional water treatment facilities included ion exchange treatment to remove PFAS from groundwater. The project included installation of water treatment facilities at the La Palma, Linda Vista, Boysen Park and Energy Field sites in the city. Dudek prepared an Air Quality and Greenhouse Gas Emissions Technical Memorandum, a Biological Resources Technical Memorandum, a Jurisdictional Delineation, an Archaeological Investigation Report, and a Noise Technical Report used in the City- prepared MND which was adopted in April 2021, On -Call Environmental: Services RFP# 21105 18 DocuSign Envelope ID: FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK [ Cartwright Family Apartments HUD EA Client and Contact: Orange County Department of Housing and Community Development, Julia Bidwell, Director, Housing & Community Development; julia.bidwell@a occr.ocgov.com; 714A80.2991 Completion Date: November 2020 Location: Orange, California Description - Served as project manager. Conversion of a vacant four-story commercial building into a 60-unit affordable housing community for families including Permanent Supportive Housing units designed to accommodate households who meet the Mental Health Services Act eligibility criteria whom are experiencing homelessness. The project was partially funded using HUD project -based vouchers, requiring the project to undergo NEPA review. Prepared the HU❑ EA and managed Dudek's interdisciplinary team to ensure that all technical analyses met HUD requirements and all federal, state, and local regulations. The NEPA review was successfully completed in time for the project to receive HUD funding. ProgramFacilities Master Plan Client and Contact- Orange County Sanitation District; Adam Nazaroff, Engineering Supervisor; anazaroff�7a ocsd.com; 714.962,2411 Completion Date: February 2021 Location: Fountain Valley, California Description: Dudek was contracted in 2019 by the Orange County Sanitation District to prepare a Program Environmental Impact Report (EIR) for the Sanitation District's 2017 Facilities Master Plan. The analysis covers projects included in a 20-year Capital Improvement Program to ensure that the Sanitation District can sustain its infrastructure, meet future regulatory requirements, and continue to provide a reliable service to the public. It is composed of projects necessary to upgrade, replace, and rehabilitate aging facilities across the Sanitation District's system in central and northern Orange County. These include facilities at Reclamation Plant No. 1 in Fountain Valley, Treatment Plant No. 2 in Huntington Beach, the sewer collection system, and improvements at various pump stations. The project area spans 15 cities as well as jurisdictional areas in the County of Orange. The EIR is a combined Program/Project EIR, including 30 projects that are assessed at the project level, 45 at the program level. An innovative aspect of the project is an interactive project map and a web -based approach to public scoping developed by Dudek. This EIR was certified in December 2020, and the first Notice of Determination under the Facilities Master Plan was filed in February 2021. On -Call Environmental Services RFP# 21105 1.9 QocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDE K References Table 3. Dudek Client References Orange County Adam Nazaroff, Engineering Sanitation District Supervisor; anazaroff@ocsd.com; 714-962-2411 Facilities Master Plan Program EIR Orange County Public Jaynes Volz, Project Manager; Ladd Canyon Bridge Replacement Project Works James.Volz@ocpw.ocgov.com; MN❑ 714-834-4000 OCPW Habitat Creation, Restoration, and Enhancement Services Orange County Julia Bidwell, Director, Housing Cartwright Family Apartments HUD EA Department of Housing & Community Development; and Community julia.bidwell@occr.ocgov.com; Development 714.480.2991 On -Call Environmental Services RFP# 21-105 20 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 SCOPE OF SERVICES AND SCHEDULE CEQAINEPA Documents In our 41-year history, Dudek has prepared more than 3,200 CEQA and NEPA documents. We have a wide range of experience preparing initial studies ([Ss), negative declarations (NDs)IMNDs, and EIRs under CEQA as well as preparing Categorical Exclusions, environmental assessments, findings of no significant impact, and environmental impact statements (EISs) under NEPA. NDs1MNDs Task 1. Kickoff Immediately following authorization to proceed on a project, the Dudek project management team will conference with City staff to discuss existing information, Information gaps, the schedule, and the project description. We will discuss the latest practices to be followed in the preparation of the NDs/MNDs. Following the kickoff meeting with City staff, we will provide meeting notes. The Dudek project manager will immediately mobilize our staff and subconsultants, and distribute appropriate information to the team on which to base the environmental analysis for the project. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for NDs and MNDs should not exceed 1 year in length from initial kickoff conference to Council consideration of the ND/MND unless specific complications or project changes arise. Our designated project manager and principal in charge will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. Preparation of the IS Dudek will prepare an IS that will either lead to the adoption of an N❑ or MND, or require preparation of an EIR. An administrative draft IS will be submitted for staff review prior to finalizing. We will initiate the preparation of an !S by first drafting a detailed project description. The project description is essential to demonstrate a common understanding of the project being analyzed in the lS. The project description will be prepared using the information gathered in Task 1. Developing an accurate baseline setting is essential to serve as the foundation for the environmental analyses. Following the collection and review of existing information and field surveys of the project area, we will synthesize the data into a detailed project description, accompanied by graphics and maps. We will submit a draft of the project description to the City for approval early in the process to verify that we share a common understanding of the project being evaluated. We understand that projects frequently change and develop, and are not always fully defined at the start of the environmental review process. Our staff will work closely with City staff to develop a working project description that provides maximum flexibility for the environmental analysis as we proceed through the environmental review process. On -Call Environmental Services RFP# 21105 1 DocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK The administrative draft IS will include an evaluation of all of the environmental resources contained in the CBQA Appendix G environmental checklist. The analysis of each of the environmental disciplines will contain an inventory of the existing conditions, analysis of impacts, identification of the magnitude of the impacts as compared to the baseline, and the level of significance for each environmental discipline, as appropriate. Dudek will work closely with City staff to identify mitigation measures, if necessary and where appropriate, that will minimize impacts to levels below significance thresholds. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies, or the synthesis of existing available studies to support the analysis. We will submit the administrative draft IS/ND or ISIMN❑ to the City for review. Following the review of the document by City staff and the incorporation of any comments and revisions requested, we will prepare a public draft IS/ND or IS/MND for public review. Task 4. Transmittal of Public Review Draft ISIND or ISIMND Dudek will make any final changes and revisions to the IS/ND or ISIMND as requested by City staff, and will reproduce and distribute the documents for public review. We will distribute the documents to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and notice of intent (NQI) to adopt an ND or MND. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also provide the City with electronic versions of the documents ready for web posting. Task 5. Public Meetings/Hearings The project manager and key technical staff, as applicable, will be available to attend all public meetings and hearings throughout the CEQA process. We will also be ready to prepare materials and presentations for these meetings. These may include public community meetings and City Planning Commission and Council hearings on the project. We will also be available for team coordination meetings with City staff throughout the project. -i aSK 6, Final IS/ND or ISIMND Dudek will compile all comments received during the public review period, annotate the comments, and evaluate comments' relevance to addressing project impacts. While formal written responses to comments are not required for an N❑ or MND, prudent practice is to provide written responses for all IS/NDs and ISIMNDs. We will collaborate with City staff on appropriate strategies to consider the comments during the City Council deliberations on the project. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft IS/ND or ISIMND, Dudek will provide a technically sound, CBQA- compliant final IS/ND or ISIMND. The final ISIN❑ or ISIMND will include redline/strikeout text in an errata to the draft IS/ND or ISIMND. We will submit the administrative final IS/ND or ISIMND to the City for review. Following the review of the administrative final IS/ND or ISIMND by City staff and the incorporation of any comments and revisions requested by the City, we will provide hardcopies and CDs of the final IS/ND or ISIMND, inclusive of the comments and responses to comments, as directed by the City. On -Call Environmental services RFP# 21105 22 QocuSign Envelope ID: FC7E9346-8A22-4923-BQ05-AA3CA0439841 DUDEK Dudek will prepare a mitigation monitoring and report program for each proposed project that includes mitigation measures. The mitigation monitoring and report program will include all accepted mitigation measures, along with the following: the project period to which the measure applies (i.e., construction, operation, pre--!post-occupancy), future review or reporting requirements involved in a measure, the responsible party for implementing and enforcing the mitigation, requirements for monitoring by outside agencies, and monitoring and reporting frequency. Dudek will also compile the Administrative Record for the City as the project progresses so that we can turn over the files Immediately upon project concluslon- EIRs/EISs Task .l. Ku+(3rf This task will be the same as outlined under Task 1 for NDs/MNDs- Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work ptan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope- Schedules for EiRs and EISs should not exceed 18 months in length from initial kickoff to City Council consideration of the Final EIR (or EIR/EIS), unless specific complexities or changes in the project description arise. Our designated project manager will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 1 NOP/N01 In the preparation of an EIR or EIR/EIS, the environmental documents only need to address potentially significant impacts. Thus, an IS may be used as part of the notice of preparation (NOPj or NOPINOI process to narrow down the scope of the EIR or EIR/EIS to focus on pertinent issues of concern. Dudek will prepare an ISMOP or ISINOPINOI (the latter if an EIS is required due to federal involvement) to initiate the environmental review process and to solicit comments from agencies, organizations. and interested individuals, The IS will be based on the environmental checklist in Appendix G of the CEQA Guidelines. We will submit the administrative draft ISINOP or ISINOPINOI to the City (and the federal lead agency) for review. Task 4. Transmittal of the NOP or NOPINOI Dudek will make any final changes and revisions to the ISINOP or ISINOPINOI requested by City (and federal agency) staff. reproduce and distribute the documents for public review to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. We will also prepare the notice of completion (for State Clearinghouse involvement). Dudek will distribute the documents to the approved mailing list in both hardcopy and C❑ format, as directed by City staff. We will also coordinate with federal agency staff for publication of the NOI in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions for posting to the City website Following the review of the administrative draft EIR or EIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any final revisions and address any remaining comments as requested by the City (and potentially the federal lead agency). We will provide Spanish translations of the Executive Summary and any other summary documents (e.g., Readers Guide), which will be made available during public review, Padilla and Associates is on our team to assist with public outreach and Spanish translation of meeting notices. On -Call Environmental Services RFP# 21-1.05 23 QocuSign Envelope ID. FC7E9348-8A22-4923-BQ05-AA3CA+3439841 DUDEK Task 5. Scoping Meeting Dudek will work with City staff to organize and participate in a scoping meeting to solicit public input on the scope of the EIR or EIRIEiS. We will work with City staff to determine the most appropriate format for the scoping meeting (i.e-, open house or community presentation) and prepare all materials necessary for the scoping meeting (e.g.. PowerPoint presentation, comment cards, sign -in sheets, handouts, poster boards). We will provide a translation of notices and materials into Spanish, if necessary. Task 6. Administrative Draft EIR The EIR or EIRIEIS will include a discussion of the existing physical and regulatory setting and impact analysis, including methodology and thresholds, mitigation measures, and residual impacts following the implementation of the mitigation measures. As described, the impact analysis will focus on the environmental issues that are determined to result in potentially significant impacts during the NCP or NDPINDi and scoping processes. The impact analysis will be based on CEQA Guidelines Appendix G and the latest guidance from the City. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies or the synthesis of existing available studies to support the analysis. The EIR or EIR/EIS will include all required content pursuant to CEQAINEPA, including an alternatives analysis, cumulative impacts analysis, and an assessment of growth -inducing impacts. Dudek will work closely with the City (and as necessary, the federal lead agency} to identify and screen a reasonable range of alternatives for analysis in the FIR or FIR/EIS. These alternatives will be based on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening the potentially significant environmental impacts of the proposed project- The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with City staff. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and cumulatively considerable impacts will be identified. We will also summarize the significant unavoidable impacts resulting from the project, and will identify any significant irreversible changes and irretrievable commitments of the environment, and will provide an explanation of issues found not to be significant during the IS process, as well as effects that were studied in the EIR that were determined to be less than significant. We will submit the administrative draft EIR, or FIR/EIS, to the City (and federal lead agency) for review_ Following the review of the document by City staff {and federal lead agency} and the incorporation of any comments and revisions requested, we will prepare a public draft EIR for public review - Tasks 7. Preparation and Transmittal of Public Review Draft EIR or EIRUS Dudek will work with City staff to secure a mailing list, and prepare the notice of availability and appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and post the notice of availability with the County Clerk. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. Document distribution will use certified mail, regular mall, and FedEx or other form of distribution that can provide tracking records. We will also coordinate with federal agency staff for publication of the notice in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions suitable for posting to the City's website. 0n-Cafl Environmental services RFP# 21-1.05 24 QocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CA0439841 DUDEK Task 8. Public Hearing; This task would be the same as outlined for Task 5 under NDs/MNDs. Tasks 9. Final EIR or FIR/EIS Dudek will compile all comments received, and evaluate comments as to their relevance in addressing project impacts. We will collaborate with City staff on appropriate strategies to address the comments received. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft EIR or EIR/EIS, Dudek will prepare an administrative draft final EIR or EIR/EIS. The final EIR or EIR/EIS will include redline/strikeout text to highlight changes in the document, along with an errata chapter, and the comments and responses to comments. Dudek will also prepare a draft mitigation monitoring and report program, which will identify the impacts, mitigation measures, timing of implementation, method of implementation, and responsible parties. Following the review of the administrative final FIR or FIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any revisions and address comments as requested by the City (and the federal lead agency). We will submit a Screencheck version of the Final EIR or EIR/EIS for final review, addressing any final revisions or comments. Dudek will compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. Dudek will also work with the City in the preparation of the findings of fact and statement of overriding considerations (if necessary) We will submit draft and final versions of these documents. Technical Studies The preparation of ISs1NDs/MNDs, EIRs, and Elss will require technical analysis to support conclusions made in the documents. Our in-house environmental experts have completed technical studies and environmental reports that cover all environmental disciplines. A consistent theme across all projects is our focus on problem solving and using the right tools to deliver successful outcomes. Engineering Support Our engineers plan, entitle, and design land development and infrastructure projects. We understand the importance of adhering to tight regulations, aggressive schedules, and narrow budgets. Simultaneously, we navigate and comply with conditions of approval to design projects that are practical, economically viable, and realistic given the regulatory environment. Our team includes LEED- accredited staff trained to create environmentally sensitive and low -impact designs that accomplish desired results and produce sustainable infrastructure. Stormwater Drainage and Regulatory Compliance. Our engineers are experts in surface water and stormwater drainage, including hydrology and hydraulic analysis_ We have prepared numerous stormwater pollution prevention plans, water quality management plans, and dust control plans for our clients, and have experience with erosion and sediment control related to environmental compliance. In addition, we prepare environmental constraints analysis, analyzing slopes, drainage, and the geology of a project site. On -Call Environmental Services RFP# 21105 ` QoruSign Envelope IC: FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK Site Development. Our engineers are experts in site development, including site plans and preliminary engineering. We have experience in mass, rough, and precise site grading, as well as preparing tentative and final parcel maps and tract maps for development. Our staff provides third -party plan check services, peer review, and value engineering to public and private clients. Infrastructure and Transportation Planning and Design- Our engineers plan and design infrastructure for water, sewer. and storm drain systems. We also offer comprehensive transportation planning and design for paved roads, all weather access, pedestrian walkways, and Americans with Disabilities Act compliance. Public Outreach Dudek has teamed with Katherine Padilla & Associates (KPA), Inc., who will be providing outreach services for this contract- KPA is a full -service communication firm founded in 1994, and their services include strategic community outreach and public information campaigns, community meetings and workshops online and in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Its diverse team of eight includes members fluent in Spanish, Tagalog and Korean- KPA is also certified WBE, DBE. MBE and SBE. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills. intangible necessities gleaned only from extensive experience and training. Its senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. Within KPA's staff, each offers more than 15 years of hands-on experience in his or her field. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Our talents, training, and experience uniquely position us to communicate meaningfully with our clients, technical team members and the community - Since its inception, KPA has worked on projects in Orange, Los Angeles, Santa Barbara, Riverside, San Bernardino, Imperial, San Diego and Ventura Counties. in Santa Barbara County, KPA is working on the Santa Maria Levee Trail Study. In Ventura County, they're working on the multi -year Ventura County Transportation Commission Comprehensive Transportation Plan. A sampling of past and current projects include the following: ■ City of Santa Ana Downtown/Transit Zone Complete Streets • City of Santa Ana Safe Route to School • City of Costa Mesa Pedestrian Master Plan • City of Santa Monica North Beach Trail Improvement Project ■ Santa Barbara County Association of Governments Santa Ynez Valley Traffic Circulation and Safety Study • County of Santa Barbara, Santa Maria River Levee Trail Study ■ City of Escondido Grape Day Park Master Plan & Playground Design/Construction • Metro LA River Path Project ■ Metro East San Fernando Valley Light Rail Transit Project AA, EIR, and First -Last Mile Plan On -Call Environmental Services RFP4 21-105 26 QocuSign Envelope IC: FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK • City of LA 7th Street Streetscape Improvement Project • Metro Mobility Matrix — San Fernando Valley and Las Virgenes/Malibu Subregion City of Calexico Transit Study On -Call Staff Consulting Dudek has performed as -needed and extension -of -staff contracts for more than 170 cities, counties, state agencies, and water and wastewater districts throughout California. Our as -needed staffing helps public agencies cost-effectively: ■ Manage technical staffing levels to meet short-term or long term needs in response to fluctuating workloads ■ Quickly access specialized technical expertise to supplement staff for complex projects challenges • Use contract technical staff with experience working seamiessly as part of municipal staff for positions that interact with the public We are well versed in the needs of local cities, agencies, and water districts, and we bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand the agency's processes and apply our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy. Dudek has built a strong reputation for helping public officials effectively progress through California's ever-increasing regulatory maze, providing the appropriate team of experienced scientific, engineering, and regulatory professionals. Our comprehensive approach and experience will provide the City with the following: • The Right People. We provide an experienced project manager who will draw from ❑udek's 700f environmental professionals to bring the appropriate expertise to your project, considering project needs and available budget, ■ Local Understanding. We hit the ground running, thoroughly researching the issues, discussing with your key staff, and bringing a key understanding of California's regulatory laws and in-depth knowledge of the City's service area and related environmental issues. We have worked in the City on diverse projects such as Centennial Park Lake and our staff has worked on the 1-5 HOV Lanes from SR-55 to SR-57 project. • Strong Reputation with Regulatory Agencies. our professional scientists and planners have established strong working relationships with the local staffs of California's regulatory agencies, which is vital for keeping projects moving and obtaining final approvals. We are knowledgeable about the inter -agency agreements and focal regulations. • Cost -Conscious Solutions. Our staff focus on Implementation, and are cost-conscious. We know City's budget constraints, and will collaborate with your staff to achieve a cost-effective approach for compliance. ■ Collaborative Team Work. Our project managers recognize the importance of being part of the City team. We work with staff and customers in a professional, collaborative, and friendly manner. On -Call Environmental Services RFP# 21105 27 QocuSign Envelope 10. FC7E9346-8A22-4923-BQ05-AA3CA0439841 DUDEK In-depth Experience. Our project teams have worked with dozens of agencies on a wide variety of difficult projects. We will provide you and your staff varying perspectives on scoping and cost based on our experience successfully completing hundreds of municipal projects. Prompt Communication. We provide frequent and regular reporting on key work tasks, meetings, and processes. We get in front of developing problems by keeping you informed when City staff may need to get involved, and offer alternatives to mitigate unnecessary delays. We respond quickly to requests and emergencies; as needed. Comprehensive Service. We are a one -stop shop for your regulatory needs. Complementing our array of in-house expertise is our wide network of top-notch teaming partners throughout California. We will provide the City with a highly qualified, locally knowledgeable team of professionals who regularly work together to effectively complete difficult environmental and regulatory projects throughout California. On -Call Environmental Services RFP# 21105 28 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CAO439841 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NQNN-COLLUSION AFFIDAVIT (I'itle 23 United States lode Section t 12 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section, 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any Other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of _';Ik" Nc)a Subscribed and sworn to (or affirmed) before me tin this 9*ti day of Ccf 20-4 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before toe. N tart' k'ul is Signature 11KTH�MY .I 811TLER y N{Hdry NG(, go Cpun[Y wntvYlffq i Sul 17ir Commts�iun r Z�8�ip7L� MY Comm. [ ■pxn Apr 8, to Notary Public Seal City of Santa Ana RPP Page A3-1 DocuSign Envelope 10. FC7E9346-8A22-1923-BD05-AA3CAO439841 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this hid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shalt complete and submit a "Disclosure of Lobbying Activities"_ This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section la'52, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 mid that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date l r) Joseph Monaco Dudek City of Santa Ana RFP Page A3-2 QocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CAO439841 Appendix ATTACHMENT 3-3: NUN -DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: L The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall 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. 5. The Consultant shall fumish 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/her 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. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1I246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1 ) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 QocuSign Envelope ID. FC7E9346-8A22-4923-6Q05-AA3CA0439841 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 subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. g. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: %Josepn Monaco f m President/Chief Executive OfficerFirm. Date: lV / ,;,1 Z City of Santa Ana RFP Page A3-4 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL Page 20 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $305.00/hr Principal Engineer Ili.............................................................. $285.00/hr Principal Engineer II............................................................... $270.00/hr Principal Engineer I................................................................ $260.00/hr Program Manager ............ ........ ........ ........ ........ ........ ........ ......$250.00/hr Senior Project Manager......................................................... $250.00/hr Project Manager.... .......... . ................................................... $245.00/hr Senior Engineer lll.................................................................. $235.00/hr Senior Engineer II.................................................................. $225.00/hr Senior Engineer I................................................................... $215,00/hr Project Engineer IV/Technician IV ......................................... $205.00/hr Project Engineer III/Technician III .......................................... $195.00/hr Project Engineer II/Technician ll............................................ $180.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senior Designer...................................................................... $185.00/Inr Designer......-......................................................................... $175.00/hr Assistant Designer.... ... ....... ....... ....... $170.00/hr CADD 0perator III................................................................... $165.00/Inr CADD Operator II.................................................................... $155.00/hr CADD Operator I..................................................................... $140.00/hr CARD Drafter. ... .............. ............... ............... ............... ...... $125.00/hr CADD Technician...... ... --...................................................... $115.00/hr Project Coordinator................................................................ $140.00/hr Engineering Assistant............................................................ $120.00/hr Environmental services Project Director .......................... ........ ........ ........ ........ ........ - ...... .... .. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist Il........................................................................... $205.00/hr Senior Specialist I ...... .......................................... --........................ $195.00/hr SpecialistV........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II ........................ .... --... .... --.... ........ .............................. $150.00/hr Specialist I ................................. ................ -....... ................ ...... ,....... $135.00/hr Analyst V........................................................................................... $125.00/hr Analyst IV.......................................................................................... $115.00/hr Analyst Ill........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.... ....... ---- ......................... ........................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GISAnalyst I...................................................................................... $115.00/hr UAS Pilot... ............... ........ $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person. ... $95.00/hr Survey M app I ng Tech n ician.............................................................. $95.00/hr Construction Management Services Principai/Manager................................................................. $195.00/hr Senior Construction Manager ............................................... $185.00/hr Senior Project Manager......................................................... $175.00/hr Construction Manager...... ... ....... ....... ....... ....... ....... ..... $160.00/hr Project Manager ... ........ ........ ........ ........ ........ - ...... - ...... - ...... .. $150.00/hr Resident Engineer. ... ....... ....... - - ......... $150.00/hr Construction Engineer..... . .............. . ............... .............. - - $150,00/hr On -site Owner's Representative ............................................ $140.00/hr Prevailing Wage InSpector ......-.--.......... ........ .. .............. .......$139.00/hr Construction Inspector.. ....... ....................................... $ 135. 001h r Administrator/Labor Compliance .......................................... $100.00/hr Hydrogeology/HazWaste Services Project Director.. ... ....... ....... .................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer i...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.. ............... ....... ...... ... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer Ill. ....................... ........... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer i.... -- .... -- ....................... $200.00/hr Project Hydrogeologist V/Engineer V..................................1. $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III...................................$165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr HydrogeoIogist/Enginee r1ng Assistant .................................. $120.00/hr District Management & Operations District General Manager-.-. ... ... -.-- ....................... ... . $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager............................................................. $160.00/hr ❑istrict Secretary/Accountant.............................................. $1.35,00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator ...... ........ ........ ................ .................... -- ... .$125.00/hr Grade IV Operator.. ... -...... -...... --... --................................ $110.00/hr Grade Ill Operator..................................................................$100.00/hr Grade II Operator... ............... ............... ............... .................. $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III.................................................................. $150.00/hr Technical Editor II................................................................... $135.00/hr Technical Editor I.................................................................... $120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances. depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - MINmurn charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Servioes - subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct test. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late urges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance untlI paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3%annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. D U D E K EFFECTIVE JANUARY 1, 2022 QocuSign Envelope ID; FC7E9346-8A22-4923-BD05-AA3CA0439841 Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below. City of Santa Ana RFP 21-075 Page Aa-1 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment ExHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 8%, $76,000 3. Project Description: On -call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Dudek 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000 8. Total Dollar Amount for ALL SubconsuItants: $ 85,500.00 9. Total Number of ALL Subconsultants: 2 10. Description of Work, Service, or Materials Supplied 11, DBE Certification Number 12, DBE Contact Information 13, DBE Dollar Amount Public Relations, Community Outreach 31053 Katherine Padilla & Associates, Inc. $ 28,500.0 Katherine Padilla Otanez, 323.258.5384 kpadilla@katherinepadilla.com Transportation 40083 CR Associates (Chen Ryan Associates) $ 57,000.0 Monique Chen, 619.795.6086 mchen@cramobility.com Local Agency to Complete this Section 85'S00 20. Local Agency Contract Number: 14. TOTAL CLAIMED DBE PARTICIPATION 9.D0 30 21. Federal -Aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 119l23 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Jody Barth 760.479.4288 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Accountant 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — CaItrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89. Sacramento, CA 95814. Page l of 2 July 23, 2015 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. b. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE, See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firmmust sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitmentform. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant: Dudek X Prime Consultant Subconsultant Project Number: On -Call Environmental Services Contract Number: Participation Amount: 2nd Tier Subconsultant Date 1.30.23 For Combined Rate: Fringe Benefit % + General & Administrative% = Combined ICR% 161.61% For Home Office Rate: Fringe Benefit % + General & Administrative% = Combined ICR% For Field Office Rate: Fringe Benefit % + General & Administrative% = Combined ICR% Fcc = 13% Billing Information Calcluation Information NamelJoh TitlelClascitication Straight OT (1.5) OT2(2x) Effective Date of Hourly Ratl Actual or %or $ Hourly Range - For From To Average Increase Classification ❑niv Rachel strnnKlia $ $ 354.62 365,26 $ $ 531.94 547.89 5 709.25 S 730.52 1/1/2023 1/1/21)24 12/31/2023 1213112024 $ $ 119.96 123.56 3% Not Applicable $ 36526 $ 547-99 S 730.52 1/1/2025 1131/2025 $ 123.56 3% $ 376,22 $ 564,33 S 752.44 1/1/2026 IZ13112026 $ 127,27 3% Jason Refnolds $ $ 285.56 294,12 $ $ 428.34 441.19 5 571.11 S 588.25 1/1/2023 1/1/2024 12/31/2023 12131/2024 $ $ 96.60 99A9 3% Not Applicable $ 294.12 $ 441.19 S 588.25 1/1/2025 12/31/2025 $ 99.49 3% $ 302,95 S 454.42 S 605.89 1/1/2026 12/31/2026 $ 102,48 3% Ales Hard? $ $ 204.27 210,40 $ $ 306.40 315.59 S 408.54 S 420.79 1/1/2023 1I1/2024 12/31/2023 12/3 W024 $ $ 69.10 71.17 3% Not Applicable $ 210,40 $ 315.59 S 420.79 1/1/2025 12/31/2025 $ 71,17 3% $ 216.71 $ 325.06 S 433.42 1/1/2026 12/31/2026 $ 73.31 3% Patrick Crux $ $ 129,26 133.14 $ $ 193.99 199.71 S 258.52 S 266.28 1l1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 43.73 45.04 3% Not Applicable $ 133,14 $ 199.71 S 266.28 1/1/2025 12/31/2025 $ 45,04 3% $ 137.13 $ 205.70 S 274.27 1/1/2026 12/3W026 $ 46.39 3% Andrei -lalhert $ $ 135,02 139.07 $ $ 202.53 208.60 S 270.04 S 278.14 lll/2023 1/1/2024 12/3112023 12/31/2024 $ $ 45.67 47.04 3% Not Applicable $ 139,07 $ 208.60 S 278,14 l/l/2025 12/31/2025 $ 47,04 3% $ 143.24 $ 214.86 $ 286.48 1/l/2026 12131/2026 $ 48.45 3% Josh Saunders $ $ 164,38 169.31 $ $ 246.56 253.96 S 32835 S 3W61 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 55.60 5727 3% Not Applicable $ 169,31 $ 253.96 S 338,61 1/1/2025 12/31/2025 $ 57,27 3% $ 174.39 $ 261.58 S 348.77 1/1/2026 12/3W026 $ 58.99 3% Jennifer Reed $ $ 236,43 243.52 $ $ 354.64 365.28 S 472.86 S 487.04 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 79.98 92.38 3% Not Applicable $ 243,52 $ 365.28 S 487.04 1/1/2025 12/3112025 $ 82,38 3% $ 250.83 $ 376.24 S 501.65 1/1/2026 12/31/2026 $ 94.85 3% 7onnnny Molioo $ $ 150.19 154.69 $ $ 225.27 232.03 S 300.36 S 309.37 1/1/2023 1/1/2024 1213112023 12/31/2024 $ $ 50.90 52.33 3% Not Applicable $ 154,69 $ 232.03 S 309,37 1/1/2025 12/31/2025 $ 52,33 3% $ 159.33 $ 238.99 S 318.65 1/l/2026 1213W026 $ 53.90 3% Adana Giaanlo $ $ 228,89 235,76 $ $ 343.34 353.64 S 457.78 S 471 L52 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 77.43 79.75 3% Not Applicable $ 235,76 $ 353.64 S 471.52 1/1/2025 12/31/2025 $ 79,75 3% $ 242.83 $ 364.25 $ 485.66 1/1/2026 12/31/2026 $ 92.14 3% Eric Schniexind $ $ 178,97 194,33 $ $ 269.45 276.50 S 357.93 S 3W67 1/1/2023 1/1/2024 12131/2023 12/31/2024 $ $ 60L54 62.36 3% Not Applicable $ 184,33 $ 276.50 S 368.67 1/1/2025 12/31/2025 $ 62,36 3% $ 189.86 $ 284.80 $ 379.73 1/1/2026 12/31/2026 $ 64.23 3% Michael Williams $ $ 136,86 140.97 $ $ 205.29 211-45 S 273.72 S 281.93 lll/2023 1/1/2024 1213W023 12/31/2024 $ $ 46.30 47.69 3% Not Applicable $ 140,97 $ 21 L45 S 281,93 1/l/2025 12/31/2025 $ 47,69 3% $ 145.20 $ 217.79 S 290.39 1/l/2026 12131/2026 $ 49.12 3% Glenna.McMahon $ $ 341,11 351.34 $ $ 511.66 527.01 $ 682.22 S 702.69 1l1/2023 1/1/2024 1213W023 1131/2024 $ $ 115.39 118.85 3% Not Applicable $ 351,34 $ 527.01 S 702,69 1/1/2025 12/31/2025 $ 118,85 3% $ 361.88 $ 542.93 S 723.77 1/1/2026 12131/2026 $ 122.42 3% Mark Storm $ $ 244.32 251.65 $ $ 366.48 377.48 S 498.64 S 503.30 1l1/2023 1/1/2024 12131/2023 12/31/2024 $ $ 82.65 85.13 3% Not Applicable $ 251,65 $ 377.48 S 503.30 l/112025 12/31/2025 $ 85.13 3% $ 259.20 $ 388.80 S 518.40 1/l/2026 12/31/2026 1 $ 97.68 3% DoouSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures 4laaual EXIIIBIT 10-H2 Cnsr Proposal Haley Ward $ 85.36 $ 87.92 $ 128.04 $ 131.88 S 170.72 S 17M4 1/1/2023 1/112024 12131/2023 12/31/2024 $ 28S8 $ 29.74 3% Not Applicable S 87.92 S 13l.88 S 175.84 1/1/2025 12/31/2025 $ 29.74 3% $ 90.56 $ 135.94 S 181.12 1/1/2026 12/31/2026 $ 30.63 3% Dennis Pascua $ 256.96 $ 264.67 $ 385.44 $ 397.00 S 513.92 S 529.33 1/1/2023 1/1/2024 1213W023 12/31/2024 $ 86.92 $ 89.53 3% Not Applicable S 264,67 S 397.00 S 529.33 1/112025 12/31/2025 $ 89.53 3% $ 272.61 $ 408.91 S 545.21 1/1/2026 1213 W026 $ 92.22 3% Charles Creely $ 361.57 $ 372.41 $ 542.35 $ 558.62 S 723.13 S 744.82 1/1/2023 1/112024 1213 W023 12/31/2024 $ 122.31 $ 125.98 3% Not Applicable S 372.41 S 558.62 S 744.82 1/1/2025 12/31/2025 S 125.98 3% $ 383.58 $ 575.38 $ 767.17 1/1/2026 1213W026 $ 129.76 3% Michael fluff $ 345.57 $ 355.94 $ 518.36 $ 533.91 S 691.14 S 711.88 1/1/2023 1/112024 1213112023 12/31/2024 $ 116.90 $ 120.40 3% Not Applicable S 355.94 S 533.91 S 711.88 1/1/2025 12/31/2025 S 120.40 3% $ 366.62 $ 549.93 S 733.23 1/1/2026 12/31/2026 $ 124.02 3% Dana Link-rlerrera $ 127.91 $ 131.75 $ 191.97 $ 197.62 S 255.82 S 263.50 1/1/2023 1/112024 12/31/2023 12/31/2024 $ 43.27 $ 44.57 3% Not Applicable S 131.75 S 197.62 S 263.50 1/1/2025 12/31/2025 S 44.57 3% $ 135.70 $ 203.55 $ 271.40 1/1/2026 121311202E $ 45.90 3% Jane Cray $ 215.99 $ 222.47 $ 323.99 $ 333.71 S 431.98 S 444.94 1/1/2023 1/1/2024 1213112023 12/31/2024 $ 73.06 $ 75.26 3% Not Applicable S 222.47 S 333.71 S 444.94 1/1/2025 12/31/2025 $ 75.26 3% $ 229.14 $ 343.72 S 458.29 1/1/2026 121311202E 1 $ 77.51 3% NOTES: I . Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (--)-All costs must comply 2. The cost proposal format shall not be amended. 3. Billing rate= actual hourly rate * { 1+ ICR] " { l+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consullants annual accounting 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal NOTES: 1. Key personnel must be marked with an asterisk (•) and employees that are subject to prevailing wage requirements must be marked with two asterisks ("').All costs m ust comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate " (1 + ICR) . (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Consultant Dudek Project No. EXHIBIT 10-H2 COST PROPOSAL Page203 SPECIFIC RATE OF COMPENSATION (USE FOR ON•CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) ❑ Prime Consultant ❑ Subconsultant Contract No. Date SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary Description of Item Quantity Unit Unit Cost Total Mileage Casts TBD 1 .56 0 Equipment Rental and Supplies TBD 0 Permit Fees TBD 0 Plan Sheets 0 Test 0 Vehicle 0 Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5: Nate: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice)- 5- Items listed above that would be considered "tools of the trade" are not reimbursableas other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 5 of 9 January 2020 DocuSign Envelope ID: FC7E9346-SA22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. S. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles 10. Add additional pages if necessary. 11. 5ubconsultants must provide their own cost proposals. Page6of9 January 2020 QocuSign Envelope ID: FC7E9348-8A22-4923-BQ05-AA3CAO439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: i, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Cade Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement Prime Consultant or Subconsultant Cert Name Christine Moore Signature �Z !q_ Ln Email cmoore@dudek.com Address: 605 3rd Street, Encinitas, California 92024 Title. Chief Financial Officer Date of Certification (mmlddlyyyy): 10/20/2021 Phone Number 760,479,4873 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Llst serVICeS Ine consultaflt IS On -Call Environmental Consulting under the proposed contract: Page 7 of 9 January 2020 DocuSign Envelope ID: FC7E934"A22-4923-BD05-AA3CA0439841 EXHIBIT 10-142 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA), Inc. Prime Consultant DUDFK Project No. Contract No. Subconsultant KPA Participation Amount $ 2nd Tier 5ubconsultant Date 1/9/2023 For Combined Rate Fringe Benefit % + General &Administrative % 152.12% (Safe Harbor Rate) Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % Field Office ICR% Fee 10% BILLING INFORMATION CALCULATION INFORMATION Name/Jab Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight3 OT(1.5x) OTj2x) From To Hourly Rate4 Increase for Classifications Only 0% 0% Katherine Padilla Otanez, President $221.76 $290.40 $387.20 1/1/2023 1/1/2026 $80.00 0% 0% 0% Jessica Padilla Bowen, Sr. Associate $207.90 $272.25 $363.00 1/1/2021 1/1/2024 $75.00 0% 0% 0% helma Herrera, Sr. Project Manage $207.90 $272.25 $363.00 1/1/2021 1/1/2024 $75.00 0% 0% 0% Xavier Sibaja, Project Mgr $166.00 $199.65 $266.20 1/1/2021 1/1/2024 $60.00 0% 0% 0% Ruthann Pearlman, Project Assoc. $138.60 $108.90 $145.20 1/1/2021 1/1/2024 $50.00 0% 0% 0% 0% NOTES: These rates are good for the initial contract term of 3 years. Rates may only be adjusted per the County's COLA policy for the renewal term, as defined in DocuSign Envelope ID: FC7E934"A22-4923-BD05-AA3CA0439841 the contract." DocuSign. Envelope ID; FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT i0-H2 COST PROPOSAL Page 1 of SPECIFIC RATE OF COMPENSATION (USF FOR ON -CALL OR As -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant CR Associates ❑ Prime Consultant. © Subconsultant ❑ 2"`h Tier Subconsultant Project No. For Combined Rate For Horne Office Rate For Field Office Rate A Contract No_ NIA Participation Aniount S VA Date 01/12/2023 Fringe Benefit 85.709/4 + General &Administrative 91.00% — 199.92% OR Fringe Benefit 95.70% + General &Administrative 91.00% — 199.92% Fringe Benefit 85.70% + General &.Administrative 91.00°/� = 199.92% Fee — 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job TitlelClassification Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. Hourly Rate % or $ Increase Hourly Range - for Classifications Only Straight' OT(1.5x] ❑T(2x) From To Monique Chen' Principal $326.61 N/A NIA 1/1/2023 12/31 /2023 $99.00 Not Applicable $353.01 NIA NIA 11112024 12/31/2024 $107.00 8,00% $382.70 NIA NIA 1/1/2025 12/31/2025 S116.00 Phuong Nguyen* Senior Traffic Engineer $247.43 NIA NIA 1/1/2023 12131.12023 $75.00 Not Applicable $267.23 NIA NIA I1I12024 12/31/2024 .$81.00 8.00% $290.32 NSA NIA III12025 12/31/2025 $88.00 8.00% Aryo Rad* Senior Civil Engineer $283.72 NIA NIA 1 / 1 /2023 12131 /2023 $ 86.00 Not Applicable $306.82 NIA NIA 1/1/2024 12/31/2024 $93.00 K00% $333.21 NIA NIA 1/1/2025 12/31/2025 $101.00 8.00% Analvst - Various $1.3 8.56 N)A NIA 1/1/2023 12/31 /2023 $42.00 Not Applicable $ I 51.76 NIA NIA 1/1/2024 12/31/2024 $46.00 0()0/o $164.96 NIA NIA 11I12025 12/31/2025 $50.00 9.001; Page 1 of 5 January 2020 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Name/Job Title/Classification) Hourly Billing Rates Effective Date of Hourly Rate Actual or Avg. Hourly Rate4 % or $ Increase Hourly Range - for Classifications Only Straight' OT 1.5x OT 2x From To Support 1 Administrative $155.06 NIA NIA 1/1/2023 12/31/2023 $47.00 Not Applicable $168.26 NIA NIA 1/1/2024 12/31 /2024 $51.00 8.00% $184.75 NIA NIA 1/1/2025 12/31/2025 $56.00 8.00% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT I0-H2 COST PROPOSAL Page 2 of SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant CR Associates ❑ Prime Consultant ® Subconsultant Project No. NIA Contract No. NIA Date 01/12/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs NIA NIA $0.655 NIA Equipment Rental and Supplies NIA NIA NIA NIA Permit Fees NIA NIA NIA NIA Plan Sheets NIA NIA $2.00 NIA Test NIA NIA NIA NIA Vehicle NIA NIA NIA NIA Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. Page 2 of 5 January 2020 DacuSign Envelope IQ: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. It. Subconsultants must provide their own cost proposals. Page 3 of 5 January 2020 Docu5ign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement, Prime Consultant or Suhconsuitant Certifying - Name: eien Title *: Principal Signature : Date of Certification (mmlddlyyyy): 01/12/2023 Email: Phone Number: 619-795-6086 Address: 3900 Sth Avenue, Suite 310 San Diego CA 92103 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Transportation Impact & Operation Analysis Page 4 of 9 January 2020 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Environmental Services 4. Project Location: Santa Ana, California 5. Consultant's Name: Dudek 2. Contract DBE Goal: o 0 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information ° 10. DBE /° Supplied Number Community Outreach CUCP 31053 xalherinePadilla Olaner; kpadiliaCwkalherinepwilla.com; 626.918,3324 4% Transportation Consulting Support CUCP 40083 Monique Chen; craadmin@chenryanmobility.com; 619395A086 4% Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION $ °I° 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. c - 10/21 /2021 12. Preparer's Signature 13. Date Wei Wei Scott 626.658.5147 14. Preparer's Name 15. Phone Marketing Manager 16. Preparer's Title DISTRIBUTION_ Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alte mate formats_ For information call (916) 654-6410 or Too (916) 654- 3880 a write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DATE (MMIDDf] ,d►co►2o CERTIFICATE OF LIABILITY INSURANCE 8/28/2023 8/17/2022YYYY THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Lockton Companies NAMECT 444 W. 47th Street, Suite 900 PHGHE FAX Kansas City MO 641 12-1906 E-MAIL Ext : A!C No (816)960-9000 ADDRESS: kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC 0 INSURER A: Zurich American Insurance Comr)anv 16535 INSURED DUDEK 1475107 605 THIRD STREET ENCINITAS CA 92024 INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C :Continental Casual man 20443 INSURER D : INSURER E COVERAGES CERTIFICATE NUMBER: 1676574S REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDWYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE NIOCCUR Y Y GLO0146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 DA AGE To PREMISES EaEoccurrence $ 100,000 _7RNTED AHED EXP (Arty one person) $ 10,000 PERSONAL d ADV INJURY $ 1,000,000 GENT AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- � LOC PRODUCTS - COMWOP AGG : 2,000,000 S OTHER A AUTOMOBILE LIABILITY y y BAP0146329 9/28/2022 8/28/2023 Ea BCGdeD151N LE LIMIT $ 1,000,000 x BODILY INJURY (Per person) S xxxxxxx ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per aooldent] S xxxxxxx PROPERTY DAMAGE Per acadent $ xxxxxxx HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $xxxxxxx B x UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ xxxxxxx AAND WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFF ICERIMEMBER EXCLUDED? F (Mandatory in NH) NIA Y WC0146330 $12$12022 $12812023 PER OTH. STA TE ER $ 1,000,000 $ 1,000,000 E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE If es, describe under DESCRIPTION OF OPERATIONS below $ l 000 000 E.L. DISEASE - POLICY LIMIT C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. rF:PTIFIrATF Wni nl=P rAM9'_1=1 I OTIn1d Caa Aftnrhmantc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 16765248 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA RISK MANAGEMENT DIVISION AUTHORIZED REPRESENTATIV 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 L 1 1 _� M _& a I @ 1988L-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: FC7E9346r8A22-4923-BD05-AA3CA0439841 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'1 Pre.. Return P... GL00146311 812812022 8/29/2023 8/28/2023 37385000 $ I>NCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the; Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition; If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12101) Page 1 of 1 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574649 Certificate ID: 16765249 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization Z U R I C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Pagel of 2 Includes copyrighted material of lnsuranoe Servioes Office. Inc.. with its permission. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations] designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574650 Certificate ID: 16765249 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 812812022812812023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 (BEd. 4-84) 1983 National Council on Compensation Insurance. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ❑UDEK Endorsement Effective date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc,, 2011 Page 1 of 2 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Q Insurance Services Office, Inc., 2011 Page 2 of 2 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US {WAIVER OF SUBROGATION} This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Q Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578870 Certificate ID: 16765248 Notification to Others of Cancellation Eff. Date of Exp. Date of Add'] Return Policy No. ff. Date of End. Producer Pol. Pol. Prem. Prem. BAP01463 8/28/2022 8/28/2023 8/28/2022 S 1 S 29 NCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Number of Name and Address of Other Person(s) 1 Organization[s]: Days Notice: Per Attached Certificate 30 All other terms and conditions of this policy remain unchanged. U-CA-812-A CW (05110) DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 Professional Liability and Pollution Incident Liability Insurance Policy Endorsement Wherever used in this endorsement: 1) "Named Insured" means the first person or entity named on the Declarations page; 2) "policy period" means policy term and 3) "Insured(s)" means all persons or entities afforded coverage under the policy. Any cancellation, non -renewal or termination provision(s) in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON -RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least thirty (30) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums or for fraud the notice will be given no less than ten (10) days prior to the effective date of the cancellation. C. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. Discovery of fraud or material misrepresentation by either of the following: (a) The Named Insured or Insured(s) or a representative of same in obtaining the insurance; or (b) The Named Insured or his or her representative in pursuing a claim under the policy. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or Insured(s) or a representative of same, which materially increase any of the risks insured against. Failure by the Named Insured or Insured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 the Insurer A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. A change by the Named Insured or Insured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least thirty (30) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium or fraud, notice shall be given no less than ten (10) days prior to the effective date of cancellation. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed, proof of mailing will be sufficient proof of notice. 11. NON -RENEWAL A. The Insurer can non -renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date. B. The notice of non -renewal will state the actual reason for non -renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. D. A notice of non -renewal will not be required in any of the following situations: The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles. E. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or thirty (30) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective non -renewal. III. CONDITIONAL RENEWAL DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 A. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured{sj which materially increase any of the risks or hazards insured against. Failure by the Named Insured or Insured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of pey issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. A change by the Named Insured or Insured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy. A. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least thirty (30) days prior to the effective date of any increase, reduction or change. B. The notice will state the effective date of, and the reasons for, the increase, reduction or change C. If notice is mailed, proof of mailing will be sufficient proof of notice. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578867 Certificate ID: 16765248 Blanket Notification to Others of Cancellation or Non -Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph 13.1. or Paragraph 13.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578867 Certificate ID: 16765248 EDLILE The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following 30* number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following 30** number of days: If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days )ntinues to apply. All other terms and conditions of this policy remain unchanged. DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578871 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE NAME AND ADDRESS OF PERSON(S)1 ORGANIZATION(S) PER ATTACHED CERTIFCATE NUMBER OF DAYS NOTICE: 30 All other terms and conditions of this policy remain unchanged. WC 99 06 33 (Ed. 05-10) EXHIBIT 3 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, ECORP Consulting, 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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of Page 1 this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. 1. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject Page 3 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement maybe extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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. 7. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 5 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work Page 6 or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Page 7 If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their 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 Page 8 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 Page 9 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 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Page 10 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc., 2861 Pullman St. Santa Ana, CA 92705 Fax: (714) 648-0630 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts Page 11 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Page 13 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national Page 14 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be Page 15 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. in. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. herein in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and Page 16 projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, Page 17 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND ECORP CONSULTING, INC, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the elate and year first above written. ATTEST: JENNIFER L. HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ,,SONATHAN T. M.�KTINE7 Assistant City Attornev RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT BRANT BRECHBIEL Vice President & Chief Contracting Officer ECORP Consulting. Inc. y Pa-e 19 EXHIBIT A SCOPE OF SERVICES Page 20 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 Page Al-1 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) Page 21 Proposal for: On -Call Environmental Services RFP No. 21-105 October 21, 2021 Prepared for: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Submitted by: ' ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS 2861 Pullman Street Santa Ana, CA 92705 www.ecorpconsulting.com Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Table of Contents Section 1: Statement of Qualifications...................................................................................iii A— Cover Letter.......................................................................................................................1 B — Contract Agreement Statement.........................................................................................3 C — Firm and Team Experience...............................................................................................3 Prime Firm Overview — ECORP Consulting, Inc...................................................................3 Subconsultants..................................................................................................................... 4 KeyPersonnel...................................................................................................................... 6 OrganizationChart.............................................................................................................11 D— Understanding of Need....................................................................................................12 Project Management Philosophy........................................................................................12 Quality Assurance/Quality Control (QA/QC).......................................................................13 Responsiveness.................................................................................................................13 E — Relevant Experience.......................................................................................................14 F— References......................................................................................................................20 Section 2: Scope of Services and Schedule.........................................................................21 Scope of Services and Schedule........................................................................................22 CEQA/NEPA Environmental Documentation Services........................................................22 BilingualOutreach..............................................................................................................22 Cultural Resources Services...............................................................................................23 Biological Resources Evaluations and Habitat Assessments..............................................23 Air Quality and Greenhouse Gas Assessments..................................................................24 NoiseAssessments............................................................................................................24 Supporting Technical Studies and Services........................................................................24 Managing the Schedule to Meet Deliverable Objectives.....................................................26 Section 3: Fee Proposal.........................................................................................................27 Section 4: Certifications.........................................................................................................29 Attachment 3-1: Non -Collusion Affidavit.................................................................................30 Attachment 3-2: Non -Lobbying Certification...........................................................................31 Attachment 3-3: Non -Discrimination Certification...................................................................32 CaltransExhibits....................................................................................................................34 Exhibit10-01......................................................................................................................35 Exhibit10-02......................................................................................................................36 Exhibit15-H........................................................................................................................37 Section 5: Appendix A — Resumes........................................................................................46 ECORP Consulting, Inc. October 21, 2021 ii ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 1: STATEMENT OF QUALIFICATIONS ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ iii P21-590 ,AMECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS A - Cover Letter October 21, 2021 (P21-590) Sean Thomas City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Proposal for On -Call Environmental Services (RFP No. 21-105) Dear Mr. Thomas: ECORP Consulting, Inc. (ECORP) is pleased to submit our qualifications in response to the above -referenced RFP to the City of Santa Ana (City). Founded in 1987, ECORP assists public and private clients with a wide range of environmental services including compliance with California Environmental Quality Act, National Environmental Policy Act, Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act, and other laws and regulations. ECORP provides a wide variety of services over the life of a project, from initial baseline environmental studies, through planning and review, permit negotiation, liaison with resource agencies, mitigation design and implementation, construction monitoring, and compliance reporting. ECORP has maintained a multidisciplinary office in Santa Ana since 2005. ECORP will provide the City with an experienced team of over 130 environmental analysts, air quality/noise specialists, archaeologists, architectural historians, terrestrial and aquatic biologists, wetland specialists, habitat restoration specialists, water resources experts, permitting specialists, and geographic information systems specialists. ECORP has included five specialty subconsultants, including two subconsultants that are DBE and will meet the 8.00% DBE Goal for the contract: ♦ Ninyo & Moore who will provide geology/soils and hazardous materials/waste expertise KOA Corporation who will provide traffic studies and preliminary engineering as required to support environmental analyses Huitt-Zollars, Inc. and Civil Works Engineers (DBE) who will provide Hydrology/Water Quality Studies, Water Assessment Studies, Utility/Sewer Studies, and SWPPP services Katherine Padilla & Associates (DBE) who will conduct public outreach services The ECORP team will provide all services listed in the Scope of Work under Attachment 1. Key benefits the ECORP team will provide to the City are: 2861 Pullman Street • Santa Ana, CA 92705 • Tel: (714) 648-0630 • Fax: (714) 648-0935 • www.ecorpconsulting.com ECORP Consulting, Inc. i NVIRCINMENTAL CONSLILTANTS Committed Managers and Team. This contract will be a high priority for ECORP's Project Manager/Principal Agent, Jesus "Freddie" Olmos; Deputy Project Manager, Tom Holm, AICP; and the ECORP team, and your projects will be completed on time and within budget. Responsive and Nimble Staff. ECORP is local, available, and ready to assist the City. Teams will be mobilized quickly, deliverables will be produced efficiently, and the City will always receive an exemplary product. Available Technical Advisors and Expertise. The ECORP team has diverse capabilities to tackle any challenge and the technical depth and capacity across all services to handle both routine and unusual situations. Awareness of Need to Balance Schedules and Cost. Budgets and schedules are often fixed, and completion of services may require an accelerated schedule to meet hard deadlines. ECORP's competitive rates include a full range of technical expert labor categories to provide the greatest value to the City. ECORP's Project Manager/Principal Agent will be Jesus "Freddie" Olmos, (909) 307-0046; folmos@ecorpconsulting.com. Mr. Olmos has more than 20 years of diverse planning and environmental experience on a variety of environmental, natural resources, and regulatory compliance projects in Orange County and statewide. ECORP is very pleased to have been included on the City's On -Call Environmental consulting list since 2017, and we look forward to an opportunity to provide you with high -quality service in the forthcoming cycle The only person, persons, company, or parties interested in the proposal as principals are named within; this proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; this proposal is, in all respects, fair and made in good faith without collusion or fraud; and the signer of this proposal has the full authority to bind the principal proposer. Should you have any questions regarding this submittal, please contact Jesus "Freddie" Olmos at (909) 307-0046 or folmos@ecorpconsulting.com. Sincerely, ECORP Consulting, Inc. 7 Brant Brechbiel Vice President/Chief Contracting Officer 2861 Pullman Street • Santa Ana, CA 92705 • Tel: (714) 648-0630 • Fax: (714) 648-0935 • www.ecorpconsulting.com Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) B - Contract Agreement Statement ECORP has no objections to the Agreement as stated in Attachment 2 of the RFP C - Firm and Team Experience ECORP Consulting, Inc. (ECORP) will be the prime contractor and will lead the consultant team. ECORP will provide expertise in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, including Categorical Exemptions (CEs); Initial Study (IS) checklists; Mitigated Negative Declarations (MNDs); Environmental Impact Reports (EIRs); Addenda, Supplemental, and Subsequent documents; responses to comments; statements of overriding considerations; and notices. ECORP will also provide technical expertise in biological resources, cultural resources, regulatory permitting, water resources, air quality/greenhouse gas assessments, noise, and Geographic Information Systems (GIS). ECORP has included five specialty subconsultants, including two subconsultants that are DBE and will meet the 8.00% DBE Goal for the contract: Ninyo and Moore who will provide geology/soils and hazardous materials/waste expertise KOA Corporation who will provide traffic studies and preliminary engineering as required to support environmental analyses Huitt-Zollars, Inc. and Civil Works Engineers (DBE) who will provide Hydrology/Water Quality Studies, Water Assessment Studies, Utility/Sewer Studies and SWPPP services Katherine Padilla & Associates (DBE) who will conduct any public outreach services Prime Firm Overview — ECORP Consulting, Inc. Established in 1987, ECORP Consulting, Inc. (ECORP) is a California "S" Corporation that specializes in assisting government agencies and private clients with a wide range of environmental services including technical expertise in land use planning; biological, cultural, and water resources; and regulatory compliance with CEQA and NEPA, Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act (NHPA), and other laws and regulations. ECORP has well -established working relationships with the resources agencies, including the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the U.S. Fish and Wildlife Service (USFWS). ECORP is a financially sound firm with five offices (Santa Ana, Redlands, Rocklin, San Diego, and Chico) serving clients throughout California. Additionally, ECORP maintains offices in Flagstaff, Arizona and in Santa Fe, New Mexico. ECORP is registered with the Department of Industrial Relations (#1000012875, expires June 30, 2022). ECORP is a California Small Business -Public Works (SB-PW) and a Federal Small Business under NAICS code 541620, among others. ECORP provides support over the life of a project, from initial baseline studies; to environmental planning, documentation, and review; permit negotiation, liaison with resource agencies, and ECORP Consulting, Inc. October 21, 2021 ■ 3 ENVfRON�7ENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) mitigation design; and through to construction monitoring and compliance reporting. ECORP brings an experienced team of more than 100 CEQA and NEPA specialists, environmental permitting specialists, environmental analysts, terrestrial and aquatic biologists, wetland specialists, paleontologist, archaeologists/cultural resource specialists, air quality/noise analysis specialists, geographic information systems (GIS) specialists, and unmanned aerial systems (UAS) specialists. ECORP is also experienced in the preparation of Preliminary Environmental Study (PES) forms for projects per Caltrans' Local Assistance Procedures Manual (LAPM). ECORP has used the PES form to consult with Caltrans/FHWA to determine the appropriate NEPA and CEQA document for a project. ECORP staff have prepared Categorical Exclusions/Exemptions (CE/CEs), Environmental Assessments (EA), joint Initial Study/Environmental Assessments (IS/EAs) and Mitigated Negative Declaration/Finding of No Significant Impacts (MND/FONSIs) for a series of projects with Caltrans involvement. In addition, ECORP has prepared technical studies in support of the PES and NEPA/CEQA documents per the requirements from Caltrans' Standard Environmental Reference (SER) and FHWA. These include but are not limited to: Section 106 National Historic Preservation Act (NHPA) compliance, Historic Property Survey Report (HPSR), Natural Environment Studies (NES), Community Impact Assessments (CIA), Section 4(f), and Clean Air Act compliance. Based on our experience with similar projects with Caltrans involvement and federal funding, ECORP understands the added level of effort for NEPA documentation and coordination, including public participation, which needs to be factored into overall schedule for a successful project. We have experience working on CEQA/NEPA, biological, and cultural projects for Caltrans District 12. Subconsultants Ninyo & Moore Ninyo & Moore, a California Corporation, is a minority -owned, multidisciplinary consulting firm that provides high -quality geotechnical and environmental consulting services. Since 1986, clients have turned to Ninyo & Moore for innovative solutions to complex geotechnical and environmental challenges. As a leading geotechnical and environmental sciences engineering and consulting firm, Ninyo & Moore provides specialized services to clients in both the public and private sectors. With offices in California, Nevada, Arizona, Colorado, and Texas, the firm is fully committed to being responsive, cost-efficient, and thorough in meeting its clients' project needs and objectives. The quality of Ninyo & Moore's personnel base has become widely recognized. The firm's 480 professionals include registered geotechnical and civil engineers, geologists, hydrogeologists, engineering geologists, geophysicists, environmental scientists, and specialists in fields such as regulatory issues and interpretation, hazardous waste management, and remedial action planning. Ninyo & Moore's geotechnical experience encompasses projects throughout the western United States, including geotechnical evaluations for commercial and industrial developments, parks and recreational educational facilities, harbor and offshore structures, highways and roadways, hospitals, landfills, airports, bridges, light rail transit lines, pipelines, power stations, facilities, dams, railroads, residential developments, reservoirs and tanks, transmission lines, tunnels, water treatment plants, and wastewater treatment plants. ECORP Consulting, Inc. October 21, 2021 ■ 4 ENV 0R ,1EN CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) KOA Corporation Founded in 1987, for the last 34 years in business, KOA Corporation (KOA) KOoA has been a leading provider in civil engineering, traffic engineering, transportation planning, and construction management services for public agencies and private sector clients. They offer clients technical knowledge, innovative solutions, and responsive services. The hallmark of their success is their dedication to each and every project and their desire to leave a legacy of extraordinary contributions to our communities. Their staff includes certified transportation planners, registered civil and traffic engineers, project/construction managers, and construction inspectors. With six offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California. Types of services KOA offers are Civil Engineering, Traffic Engineering, Transportation Planning, Active Transportation, Highway & Transportation Design, Program Management, and Construction Management. Huitt-Zollars, Inc. HUITF-70,1JARS Huitt-Zollars, Inc., a Texas S-Corporation, is a full -service engineering and surveying firm with 20 offices throughout the U.S. and 5 regional offices strategically located in Southern California. Established in 1975, Huitt-Zollars has a staff of more than 550 professionals, technical and support personnel with diversified skills, capable of handling highly complex multi -discipline assignments. Huitt-Zollars is consistently ranked as a top design firm by Engineering News -Record. All work will be completed by staff located in the Irvine office. Their full -service approach gives them a strong advantage in coordinating work on complex assignments. Their hands-on management by the principals of the firm results in a client -directed sense of urgency and commitment to quality, schedule, and budget. It also affords coordination beyond the prime/consultant organization because in-house lines of communication are firmly established and easy to maintain. This arrangement also provides a single focus for the project, resulting in smoother progression; efficient designs that balance function, economics, and aesthetics; and construction documents that incorporate their clients' objectives. Huitt-Zollars can take a project from start to finish, from initial study through design process and construction management. Civil Works Engineers (DBE) Civil Works Engineers, Inc. is small professional civil engineering consulting firm providing a broad range of CIVIL WORKS E N G 1 N E E R S planning, design, and project management services for three primary areas: transportation, drainage, and site civil. They work for public and private clients and provide project development from project inception through design and construction. They have maintained long-term clients over numerous years, demonstrating their satisfaction with Civil Works Engineers' services. They provide senior engineer involvement on every project. In the transportation area, they are specialized in both freeway system facilities working with Caltrans and on local street improvement projects working with municipalities and developers. They also perform drainage and stormwater engineering. They prepare hydrology and hydraulic studies and reports, followed by implementation of the recommendations into final plans whether it consists of modifications to existing systems or entirely new drainage systems. They also October 21, 2021 ■ 5 ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) have extensive experience in storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans (SWPPP) for temporary BMPs during construction. Civil Works Engineers' site planning and design experience involves both public and private facilities including parks, office buildings, hotels, parking structures, schools from K-12, colleges and universities, child-care centers, retail centers, libraries, and fire stations. For these site projects, they prepare the precise site grading and drainage design along with the appropriate utility modifications and/or coordination for tie-ins from the offsite utility facility to the onsite new facility. Civil Works Engineers is a certified DBE, SBE, and WBE. Civil Works Engineers, Inc. is a California corporation formed in 2005. They have one office located in Costa Mesa. Katherine Padilla & Associates, Inc. (DBE) Katherine Padilla & Associates, Inc. (KPA), Inc. is a full -service communication Ir.,A firm founded in 1994. KPA services include strategic community outreach and KATHERINE PADILLA public information campaigns, community meetings and workshops online and & ASSOCIATLs, INC. in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Their diverse team of eight includes members fluent in Spanish, Tagalog, and Korean. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills, intangible necessities gleaned only from extensive experience and training. Their senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. KPA's staff members each offer more than 15 years of hands-on experience in their fields. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Their talents, training, and experience uniquely position them to communicate meaningfully with their clients, technical team members, and the community. KPA is also certified WBE, DBE, MBE, and SBE. Key Personnel Brief key personnel qualifications for the ECORP team are provided below. Resumes for all personnel shown in the Organization Chart (Figure 1) are provided in Section 5: Appendix A. Jesus "Freddie" Olmos — Project Manager/Principal Agent (ECORP) Mr. Olmos' 22 years of professional experience involves CEQA/NEPA analysis and document preparation for government agencies and private clients. He has prepared and managed a variety of environmental documents, including Initial Studies/Mitigated Negative Declarations (IS/MNDs), Environmental Impact Reports (EIRs), Environmental Impact Statements (EISs), Environmental Assessments (EAs), and Findings of No Significant Impact (FONSIs), including Addendum CEQA/NEPA documentation. While his experience focuses on environmental report writing and permit preparation, he also has experience with biological resources monitoring and surveying for public facilities construction and research projects. Mr. Olmos is experienced in the bilingual English -Spanish translation of notices, documents, and handouts for CEQA and biological/cultural resources projects. He holds a B.A., Environmental Analysis & Design, with a minor in Urban & Regional Planning from UC Irvine. He has training in Advanced NEPA ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 6 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Workshop, National Association of Environmental Professionals and Caltrans' Environmental Compliance Training Course for Local Agency Partners and Consultants, Categorical Exemptions and Categorical Exclusions. Tom Holm, AICP — Deputy Project Manager/Alternative Agent (ECORP) Mr. Holm offers more than 40 years of diverse planning and environmental experience on a variety of environmental, natural resource, and regulatory compliance projects. He has prepared and managed project and programmatic CEQA and NEPA documents for projects throughout southern and central California including master planned communities, urban area infill, brownfields and housing redevelopment projects, transportation corridors and highways, comprehensive general plan updates, specific plans, and municipal and water agency On -Call Environmental Services contracts. Mr. Holm is a former City Planning and Transportation Commissioner, Orange County Natural History Foundation Board Member, and legislative liaison with OC American Planning Association. His clients include municipal agencies in central, west, and south Orange County. He has prepared and managed environmental documentation at all levels in Orange County jurisdictions, including the cities of Santa Ana, Fountain Valley, Irvine, Costa Mesa, and Mission Viejo. He is based in ECORP's Santa Ana office and is immediately available to assist the City with their projects. Mr. Holm has an M.A. in Urban and Regional Planning from UCLA, and a B.A. in Political Science from UC Irvine. He is a certified planner (AICP). Anne Surdzial, AICP — QA/QC Manager (ECORP) Ms. Surdzial is an environmental analyst with more than 30 years of experience in the planning field. She has prepared and managed the preparation of all levels of documentation for projects in compliance with CEQA and NEPA. As Director of CEQA/NEPA Services for ECORP, she is responsible for overseeing CEQA and NEPA work in all ECORP offices, ensuring consistency and quality of all products. Her expertise includes management of large environmental programs for public agencies that require completion of multiple, simultaneous task orders and management of multiple internal project teams and subcontractors. She is also experienced in land use planning and historic preservation issues and has worked for public planning departments. She has prepared CEQA documents for public agencies in all southern California counties and NEPA documents for the U.S. Department of Housing and Urban Development, Bureau of Land Management, U.S. Forest Service, Department of Defense, and Federal Highways Administration. Ms. Surdzial has a B.S. in Environmental Science from UC Riverside and is a certified planner (AICP). Lisa Westwood, RPA — AB 52 Tribal Cultural Resources Task Manager (ECORP) Ms. Westwood is a Registered Professional Archaeologist with over 25 years of cultural resources management experience. She exceeds the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historical archaeologist and serves as principal investigator for cultural resources services required for compliance with Section 106 of the National Historic Preservation Act and CEQA. Her technical areas of expertise include advanced Section 106 compliance and consultation, cultural resources laws and regulations, preparation and negotiation of agency agreement documents (Programmatic Agreements and Memoranda of Agreement), space heritage, human bone (osteological) identification and ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 7 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) analysis, historical archaeology, and lithic debitage identification. She is well versed in impact assessment and development of mitigation measures for CEQA and Section 106 projects, including on -call and task -order based contracts. Her previous experience as a CEQA/NEPA Project Manager gives her a broader perspective of regulatory compliance issues, and she is recognized by the private and public sector for her ability to build consensus among stakeholders and solve complex problems quickly and effectively. She has a M.A. in Anthropology form Eastern New Mexico University and a B.A. in Anthropology from the University of Iowa. She is also a County of Orange Qualified Archaeologist. Stacie Tennant — Biological Studies Task Manager (ECORP) Ms. Tennant has 24 years of experience as a Wildlife Biologist/Project Manager. She has extensive experience in conducting and coordinating sensitive species surveys; focused surveys for Threatened/ Endangered plant and wildlife species; reconnaissance surveys; and habitat evaluations for Endangered, Threatened, and sensitive floral and faunal species; processing resource agency permits; and managing projects for multiple industries including transportation, water, electric utilities, and private development. She is experienced at implementation of field programs to track, report, and support compliance requirements and mitigation measures. Ms. Tennant is well versed in multiple species Habitat Conservation Plans (HCPs) including the Orange County Central/Coastal Natural Communities Conservation Plan (NCCP)/HCP, the Southern Subregion HCP, the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the San Diego Multiple Species Conservation Plan (MSCP). Her education includes a B.S. in Environmental Biology with a Minor in Chemistry from California State University at Northridge. John O'Connor, Ph.D., RPA — Cultural/Historic Resources Studies Task Manager (ECORP) Dr. O'Connor is a Registered Professional Archaeologist with over 11 years of archaeological experience in North America and the Pacific Islands, experience that includes cultural resources management, academic research, museum collections management, and university teaching. Dr. O'Connor meets the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology. Dr. O'Connor has extensive archaeological field experience, including exploratory and inventory survey, feature mapping, subsurface testing, data recovery, artifact analysis, lithic analysis, remote sensing data capture, geospatial data processing, underwater archaeology, and scientific diving. He is well versed in the evaluation of impacts to cultural resources for CEQA and NHPA Section 106 projects, and he has written or otherwise contributed to numerous environmental compliance documents throughout the Southern California region. His education includes a Ph.D. in Anthropology from the University of Oregon, and an M.A. in Anthropology and a B.A. in Anthropology from the University of Hawai'i at Manoa. He is also a County of Orange Qualified Archaeologist. Seth Myers — Air Quality/Noise/Energy Task Manager (ECORP) With 17 years of experience as an environmental planner and air quality, greenhouse gas (GHG), and noise analyst, Mr. Myers is involved in the preparation of a full range of CEQA and NEPA environmental compliance and review documents including environmental impact reports. He has extensive expertise conducting air quality, GHG emissions, and noise analyses ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 8 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and has a comprehensive working knowledge of the associated regulatory environment. He is proficient in the use of CalEEMod, EMFAC2014, AERMOD, the Roadway Construction Model, the Federal Highway Administration's Highway Traffic Noise Prediction Model, and other industry standard emissions and noise modeling tools. Mr. Myers has a B.A. in Environmental Studies and Planning (minor in Biology) from Sonoma State University. Andrew Kopania, Ph.D., R.G., C.H. — Water Resources Specialist (ECORP) Dr. Kopania's 28 years of experience in subsurface investigation, hydrogeology, and environmental engineering, including computer modeling of contaminant fate and transport, permitting and environmental impact assessment (CEQA/NEPA), expert witness services, investigation and remediation of contaminated soils and ground water, CERCLA RI/FS and RD/RA, and extensive experience in negotiations with state and federal agencies. Dr. Kopania has served as lead hydrogeologist, project manager, and technical advisor on a wide range of projects throughout California and North America. He holds a D. Env. in Environmental Science and Engineering from UCLA, an M.S. in Geology from the University of Michigan at Ann Arbor, and a B.S. in Geology from UCLA. He is also Professional Geologist, California #4711 and a Certified Hydrogeologist, California #31. John Jay Roberts, PG, CEG - Geotechnical/Hazardous Materials Task Manager (Ninyo & Moore) Mr. Roberts, PG, CEG, will serve as our Environmental Geologist for our environmental services. Mr. Roberts has over 45 years of experience performing environmental and geotechnical investigations of public, commercial, and industrial properties and environmental site assessments of government -owned sites, including initial site assessments (ISAs), Hazardous Materials Assessments (HMAs), Phase I Environmental Site Assessments (ESAs), Phase 11 ESAs, Preliminary Environmental Assessments (PEA), Remedial Action Plans. Mr. Roberts was the Senior Geologist for Ninyo & Moore's Phase 11 ESI and RA (2015-16) for the Los Angeles Department of Transportation, Downtown Compressed Natural Gas and Bus Maintenance Facility. Mr. Roberts has completed characterization, remediation, and human health assessments on numerous public properties. He has prepared successful applications for brownfields clean-up grants and managed and performed hydrogeologic investigations, groundwater resource evaluations, and water supply studies. He also provides expert witness and litigation support for environmental, geotechnical, and mining matters. He has a B.S. in Geology from University of Southern California and is a Professional Geologist (CA #3489) and a Certified Engineering Geologist (CA #1018). Frank Barrera — Traffic Study Task Manager (KOA) Mr. Barrera has 14 years of experience in the transportation planning field and has prepared and managed traffic impact studies, parking studies, circulation and mobility studies, bikeway improvement projects, feasibility studies, and active transportation projects for public and private developments throughout Southern California. His academic and work experience provides him with a background in ArcGIS for mapping, and research & analysis. He has conducted and managed bicycle corridor analysis, GIS database development and analysis, development of analysis criteria and methodology strategies, and coordinated with local jurisdictions and project ECORP Consulting, Inc. October 21, 2021 ■ 9 ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) teams on outreach workshops. He holds a B.S. in Urban Planning from California State Polytechnic University at Pomona. Stephen Bise, PE — Preliminary Engineering (Roads) Task Manager (KOA) Mr. Bise has managed numerous civil and traffic engineering projects for several municipalities throughout Southern California. His project experience consists of preparing final plans, specifications, and estimate (PS&E) packages for various improvements to roadways/highways, intersections, drainage, low impact development (LID) implementation, traffic signals, ITS, lighting, signing/striping, and planning for future development. He also has extensive experience in complete streets design and implementation, which include safe multi -modal integration with aesthetic elements such as landscape and street furniture. Mr. Bise's keys to success include clear, concise communication and diligent quality control. He holds a B.S. in Civil Engineering from California State Polytechnic University at Pomona and he is a Professional Engineer (Civil), CA #76775. Remi Candaele, PE, QSD, QISP — Hydrology/Water Quality Studies/Water Assessment Study/Utility/Sewer Study/Preliminary Engineering (Utilities) Task Manager (Huitt-Zollars) Mr. Candaele brings a versatile background in planning, design, and construction support of Public Works and Institutional projects with an emphasis on storm water improvements. He has extensive experience in water management, street improvements, bike trails, water quality compliance, and master planning of utilities. Mr. Candaele has also prepared numerous publications and conference proceedings covering a wide range from new methods in water resources and the implementation of storm water strategic plans. He understands the importance of proactive communication with both internal and external stakeholders. His skill set is valuable to a successful completion of the project. His education includes a M.S. in Civil Engineering/Environmental Water Resources from University of Texas at Austin and an Ingenieur, Generalist, Ecole Centrale de Lille, France. He is also a Professional Civil Engineer (California/#77517) and a Qualified SWPPP Practitioner (California/#20873). Marie Marston, PE, QSD, QISP — Hydrology/Water Quality Studies/Water Assessment Study/Utility/Sewer Study (Civil Works) Ms. Marston, P.E., QSD, QISP is the principal and president of Civil Works Engineers, a civil engineering firm. With over 40 years of professional civil engineering experience, her background includes general infrastructure and public works improvement projects such as transportation including streets and freeways, site improvements for commercial and public facilities, hydrology and storm drains, water distribution, right-of-way engineering, utility modifications, grading, retaining walls, as well as providing funding applications assistance. Her experience covers projects from inception to completion including project and program management, planning, design, and construction. She has experience in working with both the public and private sector including cities, counties, state agencies, federal agencies, school districts, universities, developers, and architects/engineers. She is accustomed to working on projects involving several jurisdictions therefore, requiring extensive coordination among the project stakeholders. She has provided technical expertise to local chapters of the Women's Transportation Seminar as an Advisory Board member as well as the American Public Works Association Vice President of Membership. Ms. Marston has also been on the Harbor ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 10 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Commission for two years as a City of Newport Beach Council Appointed Commissioner. Ms. Marston holds a B.S. in Civil Engineering from Oregon State University and an M.B.A. from the University of California in Irvine. Ms. Marston is a registered professional engineer and a qualified SWPPP developer and practitioner in the state of California. Jessica Padilla Bowen — Public Outreach Task Manager (KPA) Ms. Padilla Bowen joined KPA in 2020, bringing with her more than 20 years of experience in government and nonprofit communication. She spent 15 years working in communication for the City of Carlsbad serving various departments including Community & Economic Development, Public Works, Library & Cultural Arts, and others. She also served as Public Information Officer in the City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print, and radio interviews. She has a Master of Public Administration from San Diego State University and a B.A. in Theater & Economics from Occidental College, Los Angeles. Organization Chart CITY OF SANTA ANA Proiect Manager/Principal Agent Jesus *FreddW Olmos QAIQC Manager Anne Surdzial, AICP Legend * = Task Manager N = Ninyo & Moore K = KOA Corporation H = Huitt-Zollars C = Civil Works Engineers (DBE) P = Katherine Padilla & Associates (DBE) Deputy Project Manager/ Alternative Agent Tom Holm, AICP AB 52 Tribal Cultural Resources Biological Studies Stacie Tennant' Carley Lancaster Environmental CEQAINEPAIPreliminary Study (PESIIFAA 8 CulturaliHistoric Resources Studies John O'Connor. Ph D.. RPA' Jeremy Adams Air Quality/GHG/ NoiselEnergy Seth Myers' Will Duvall Rosemary Worden Lisa Westwood. RPA ALUC1Mineral Resources/ On -Call Staff Consulting Jesus'Freddie' Olmos' David Atwater Tom Holm, AICP Lindsay kegler Traffic Study Frank Barrera' K Greg Garces K Public Outreach Jessica Bowen ' P Lorene Hernandez P Thelma Herrera P Sulah Samaniego P HydrologVANater Quality StudieslWater Preliminary Engineering Geotechnicall Hazardous Materials John Jay Roberts, PG. CEG ' N Ronald Helium, PG. CEG N Assessment Study/Utility/Sewer Study (to Support CEQA Analysis) Remi Candaele, PE. QSD, QISP ' H Andrew Kopania. Ph.D.. RG, CH ' Marie Marston. PE, QSD, QISP ' C Roads. Stephen Bse, PE' K Utl1I0es: Remi Candaele. PE. QSD. QISP' H Additionally, the ECORP team has over 200 environmental analysts, cultural resources specialists, water quality specialists, biologists, botanists, wetlands specialists, GIS technicians, and a full document production staff available to provide the environmental services as described in the RFP. ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 11 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) D - Understanding of Need ECORP's approach to on -call consulting services with our agency clients is to work hand -in - hand with City project managers to ensure the projects receive legally sufficient environmental documentation while meeting schedule and budget constraints. Beginning at the initial project planning level, ECORP staff will work closely with City staff to determine the environmental constraints for the project so that they may be identified and avoided early in the process, if possible. ECORP can respond to the range of different City project needs, including preparing constraints analyses to understand potential environmental issues, conducting field surveys, preparing technical reports, preparing and processing all levels of CEQA or NEPA documents, and assisting the City with permitting and mitigation implementation. Through our on -call and other agency experience, we have prepared documentation for Categorical Exemptions (CEs), Initial Study/Mitigated Negative Declarations (IS/MNDs), Environmental Impact Reports (EIRs), public noticing, Mitigation Monitoring Programs, Findings, and Statements of Overriding Considerations for projects throughout California, including in and for the City. Our experience includes the preparation of both stand-alone NEPA documents and joint NEPA/CEQA documents meeting a variety of federal agency guidelines, including the State Water Resources Control Board's CEQA Plus process, U.S. Army Corps of Engineers, U.S. Department of Housing and Urban Development (CDBG Grant Program), and Bureau of Reclamation. Typically, most City projects are likely to require CEs or IS/MNDs with supporting technical studies. ECORP has extensive experience with environmental services contracts issued by public agencies. Our staff enjoys working on these types of contracts because it affords us the opportunity to establish an efficient working relationship with our client that allows us to act as a virtually seamless extension of the client's staff. This type of arrangement ensures that the contract and the various projects issued under the contract run smoothly. Our staff is particularly experienced with quick response times, short lead times for mobilizing field teams and for completing the fieldwork, and strict schedules for completing the reports. In addition, our staff members adapt quite easily to the various report formats required by our government agency clients. We understand the importance of quality control for documents that must be submitted to the resource agencies and the various entities responsible for approving the implementation of City projects. Project Management Philosophy ECORP is highly experienced with assisting local government agencies through the environmental process. ECORP's current work and recent experience with public agencies throughout California, and specifically in southern California and Orange County, provide us with the skills to successfully provide these services to the City. This experience enables us to efficiently and thoroughly evaluate each project to determine the level of effort and expertise required, the appropriate environmental documents or technical reports that will be necessary, ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 12 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and the cost and schedule for completing the project. Our project management philosophy is founded on the following central principles: Dedication and high -priority service, such that all City projects are given the attention required from initiation to completion. Open communication and personalized service, so that the City's needs are understood and acted upon. Awareness of the need to balance schedules and cost, so that project tasks are appropriately focused and completed. Technically and legally defensible documentation, based on our Quality Assurance/Quality Control (QA/QC) process, which includes senior staff technical review and review by our professional technical editor. No substitution of key staff with junior or underqualified staff, so that deliverables are correct and complete the first time. A commitment to excellence, so that the City can be assured that the best service and product will be delivered within the time and budget required. Quality Assurance/Quality Control (QA/QC) ECORP has a very thorough QA/QC program that is the same for each of the types of services listed in Appendix Attachment 1 of the RFP, in that Mr. Olmos will oversee the entire contract. Mr. Olmos, the primary point of contact for the City, will approve the scope of work, schedule, and cost estimate to ensure the appropriate resources are available and committed to each task order and will perform the final reviews on reports and invoices. ECORP has standard outlines and report formats for CEQA and/or NEPA documentation, biological resources technical reports, cultural resources technical reports, and regulatory permitting documentation. These report formats currently meet or exceed the legal and technical standards required by the regulatory agencies that will be involved with City projects. However, we also regularly incorporate analyses and technical data into agency -specific formats, and will utilize the appropriate formats, when required. The appropriate Task Manager will be the first person to review reports for content and accuracy. Following the Task Manager's review, ECORP's technical editors and QA/QC Manager, Ms. Surdzial, in the roles of internal technical editors and peer reviewer, will review the document for completeness and provide comments back to the Task Manager. After edits are incorporated, the report will be submitted to the Publications Department for formatting. Once the report has been assembled as a preliminary draft, it will be submitted as a draft to the City. Following the incorporation of City comments by the Task Manager, Ms. Surdzial will complete one final review of the final report prior to its submittal to the City. Our thorough QA/QC program ensures our documents and work products are comprehensive and legally defensible. Responsiveness ECORP understands that work can often be requested on short notice, with short turn -around times. ECORP is very experienced at responding to our clients' needs on very short notice, ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 13 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) often within 24 hours. Our work plan includes proactive planning and delegation of responsibilities to team members at the initiation of each task order. We want to be able to complete the projects as quickly as possible, but we will ensure that all technical analyses are conducted correctly, such as ensuring that biological resources surveys are done during the appropriate time of year. We will create a master calendar for this program so that all projects and assigned staff are evident and so each staff member knows their schedule and their responsibilities. E - Relevant Experience This section provides examples of ECORP's work experience comparable to the services that are expected to be needed by the City. For a number of the ECORP project examples, the currently proposed subconsultants were/are integral parts of the project teams. Septic to Gravity Sewer Conversion Project, Santa Ana, Orange County Client Name: City of Santa Ana as a Sub to Huitt-Zollars Year Completed: 2020 The City of Santa Ana proposed installing sewer mains and laterals and transferring existing residences and business from septic systems to the City's sewer system in the Pasadena Street/Medford Avenue/Deodar Street and Ponderosa Street neighborhood previously unserved by the City. Extension of water mains and laterals was also included. ECORP prepared a CEQA Initial Study/Mitigated Negative Declaration, supported by Air Quality/Greenhouse Gases, Noise and Phase I Environmental Assessments (prepared by Group Delta) for the project. On -Call Environmental Documentation Contract (CEQA/NEPA, Biological, Archaeological, and Regulatory Permits), Orange County Client: Orange County Public Works Year Completed: 2020 ECORP had a Master Services Agreement (MSA) with Orange County Public Works (OCPW) for on -call tasks orders based on supplemental professional services to meet workload demands and project scheduling commitments in relation to support services for regulatory permitting projects, support services for environmental documentation projects, and/or support services for habitat creation/restoration/enhancement projects. Relevant tasks that have been performed to date include: Peters Canyon Wash Mitigation Restoration Services. Restoration services were provided for the Peters Canyon Wash Habitat Mitigation Area as compensation for impacts associated with County projects. Tasks included the replacement of container plants, supplemental seed mix application, planting basin creation and mulch application, protective cage installation, weed abatement, and invasive exotics removal from the site in accordance with the HMP. ECORP submitted memorandums to the County documenting the conditions. 24-Hour On -Call. ECORP provided on -call biological resources consulting services following a 24-hour notice to the County and Orange County Flood Control District. Requested services included a nesting bird survey and monitoring of vegetation October 21, 2021 ■ 14 ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) removal on the Lower Peters Canyon Retarding Basin Project. ECORP submitted a compliance memorandum to the County. Santa Ana River Cleanout Surveys and Monitoring. ECORP conducted nesting/breeding bird and grunion surveys prior to sediment removal operations at the Santa Ana River Outlet. ECORP biologists identified nests in the project area and demarcated grunion run areas for avoidance during operations in accordance with regulatory permits. Also, provided full-time biological construction monitors to protect nests, grunion run areas, snowy plovers, and least terns during operations. C05 Maintenance Road Improvement Project. ECORP conducted a biological reconnaissance survey and field meeting at a proposed staging area for the placement of the disintegrate granite for the Project. A follow-up memo was prepared with recommendations, addressing California Coastal Commission concerns. Lower Peters Canyon Basin HMMP. Prepared a Habitat Mitigation and Monitoring Plan (HMMP) for planned maintenance activities within a retarding/ retention basin. Project duties included performing an assessment of the site for mitigation potential, developing a conceptual site restoration plan, incorporating into the HMMP avoidance measures for federally protected coastal California gnatcatcher and least Bell's vireo, and submitting for resource agency review and approval. Santa Ana River Bridges CEQA Addendum. ECORP prepared an Addendum to a Program EIR addressing engineering improvements to enhance safety and security at 8 bridges along the Santa Ana River from Yorba Linda to Huntington Beach. Trabuco Creek Road Dust Control and Soil Stabilization. ECORP provided preconstruction nesting bird survey services in addition to work environmental awareness training in addition to pamphlet handouts for construction workers. Biological construction compliance monitoring was also provided during dust control and soil stabilization measures being applied to Trabuco Creek Road from Trabuco Canyon Road to the first creek crossing. Hospital Road and Justice Way CEQA Documentation. ECORP prepared a Categorical Exemption with technical studies for roadway improvements near the Orange County Juvenile Justice Center in Orange, California. Technical studies included air quality/GHG and noise, and cultural/historic resources. OC Loop Bikeway Segment D Project. ECORP prepared Cultural Resources, Biological Resources, and Location Hydraulic studies for the OC Loop Segment D Class I Bikeway project, located from Imperial Highway south to Bastanchury Road along the Carbon Canyon Flood Channel. ECORP prepared an Area of Potential Effects (APE) Map, an Archaeological Survey Report (ASR), and a Historic Property Survey Report (HPSR). ECORP's archaeologist obtained Sacred Lands search file and a list of Native American contacts for the project area from the California Native American Heritage Commission (NAHC) in compliance to the Caltrans Section 106 guidelines. ECORP also prepared a Natural Environment Study/Minimal Impact (NESMI) for the project that described the existing biological environment at the project site, based on the results of our survey work and research conducted. ECORP submitted cultural and biological ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 15 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) reports to Caltrans District 12 using the format and guidance contained in the Caltrans Standard Environmental Reference (SER). This Bikeway Gap Closure project is a Caltrans Local Assistance project. Maintenance Monitoring Along Trabuco Creek Road. ECORP conducted biological monitoring for the Trabuco Creek Road maintenance activities. ECORP coordinated with OC Public Works, assisted with biological compliance, provided WEAP training and monitoring reports. A Nesting Bird Survey for the El Modena Open Space. ECORP provided OC Parks with environmental services for the El Modena Open Space in Orange County, California. The survey was in support of mechanical weed reduction activities at eight locales around the perimeter of the El Modena Open Space as part of ongoing fuel modification zone management. Bolsa Chica Channel Biological Survey and Jurisdictional Delineation. ECORP provided environmental services for the Bolsa Chica Channel (channel) in the Cities of Seal Beach and Westminster. ECORP biologists conducted a biological reconnaissance survey and a jurisdictional delineation of the channel and provided OCPW with a biological report summarizing the results of both surveys. OCPW was proposing to replace repair the earthen slopes and invert and to add rock armoring from the toe to approximately two feet up the slope. The project area spans across two consecutive reaches of an approximately 3-mile stretch of the channel between State Route 22 and the confluence with the Westminster Channel. East Garden Grove-Wintersburg Channel General Regulatory Support. ECORP provided regulatory support for the East Garden Grove-Wintersburg Channel (channel) in the City of Huntington Beach, Orange County, California. Additional information regarding the jurisdictional waters within the channel was requested by OCPW based on comments from the U.S. Army Corps of Engineers (USACE). In response to this request, ECORP prepared a figure showing the location of the mapped ordinary high-water mark (OHWM) on a cross-section of the channel. ECORP also prepared a discussion regarding estimated flood events and physical indicators that were mapped during the delineation and subsequently used to identify the OHWM in the channel. The figure and discussion were presented in a letter report that serves as an addendum to the Biological Resource Assessment and Jurisdictional Delineation report on the channel prepared for the OCPW. In addition, ECORP worked with OCPW to address any additional regulatory questions or comments regarding the delineation of the channel. As -Needed Environmental and Cultural Consultant Services, Los Angeles County Client: Los Angeles County Public Works Year Completed: Ongoing Since 2007, ECORP has provided CEQA/NEPA, biological resources, restoration ecology, regulatory permitting, and cultural resources services to the county at various infrastructure projects throughout the county. Examples of task orders include: ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 16 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Peck Water Conservation Project. ECORP reviewed the Draft IS/MND for the Peck Road Water Conservation Improvement Project, which was prepared by another consultant. This project includes removal of sediment from an approximately eight -acre area, which Los Angeles County Flood Control District (LACFCD) Water Resources Division is proposing to mitigate by creating habitat around the perimeter of the basin. Big Tujunga Wash Mitigation Area. Since 2007, ECORP has been providing biological services for the County's 245-acre Big Tujunga Wash Mitigation Area near the community of Sunland in Los Angeles County. Devil's Gate Reservoir Sediment Removal and Restoration Project. ECORP is providing mitigation planning and regulatory permit services for the Devil's Gate Reservoir Sediment Removal and Restoration Project. The goal of the project is to restore and maintain the flood capacity of the Devil's Gate Reservoir Sediment reservoir to meet its intended level of flood Removal and Restoration Project protection for the communities located downstream of the facility. On -Call Environmental Services Contract, San Bernardino County Client: San Bernardino County Department of Public Works and San Bernardino County Flood Control District Year Completed: Ongoing ECORP is currently providing on -call environmental services to the San Bernardino County Department of Public Works under two blanket purchase orders, one for general environmental services and the other for cultural resources services. Through these purchase orders, ECORP performs CEQA and NEPA compliance, archaeological and biological resources surveys, regulatory permitting, preconstruction surveys, construction monitoring, and environmental awareness training for Department projects, including road improvement projects and bridge replacement projects. Select task orders have included: Sunburst Avenue Bike Trail Project. The County of San Bernardino Department of Public Works (County) proposed the construction of a Class I Bike Path and a Class II Bike Lane along a two-mile portion of Sunburst Avenue between Twentynine Palms Highway (SH-62) and Calle Los Amigos in the vicinity of Joshua Tree. The County served as the CEQA Lead Agency for the IS/MND prepared by ECORP. Technical studies in support of the IS/MND included biological resources, jurisdictional delineation, California Rapid Assessment Method (CRAM) report, cultural resources, paleontological resources, air quality/greenhouse gas, and noise. Mountain View Acres Storm Drain Project. The County of San Bernardino proposed a stormwater management project for approximately 3,384 lineal feet of unnamed drainage in the unincorporated community of Mountain View Acres and the City of Victorville. The purpose of the project was to provide 100-year flood protection to the Mountain View ECORP Consulting, Inc. October 21, 2021 ■ 17 ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Acres community by extending the existing double -reinforced concrete box under Palmdale Road (State Route 18) to the northeast corner of Cobalt Road and Seneca Road. ECORP prepared an IS/MND in compliance with CEQA. ECORP hired and managed a subconsultant, who prepared an air quality study/greenhouse gas analysis to support the IS/MND. ECORP incorporated biological resources, cultural resources, and jurisdictional delineation studies completed for the project by County staff into the IS/MND. ECORP also prepared and submitted applications for a Pre -Construction Notification for a Nationwide Permit with the USACE, a Notification of Lake or Streambed Alteration Form with the CDFW, and a Section 401 Water Quality Certification Application Form with the RWQCB. The IS/MND and regulatory permitting were prepared on an accelerated schedule to meet the County's deadlines. Camp Rock Road Maintenance Project. ECORP provided biological services in support of road maintenance activities on Camp Rock Road in rural San Bernardino County twice in 2014. The work was required for routine maintenance, as well as for repairing washed- out sections of the road following monsoonal rain events and was performed in desert tortoise critical habitat. ECORP provided qualified biologists to conduct preconstruction sweeps of the work areas prior to the initiation of grading activities and monitored the work to ensure that desert tortoises and their burrows were not impacted. San Moritz Drive Pipeline Replacement Project. ECORP conducted regulatory permitting and supporting technical studies for this project, the replacement of a stormwater drainage structure underneath San Moritz Drive. ECORP prepared a jurisdictional waters delineation, cultural resources study, biological resources study, regulatory permit applications, and conducted agency coordination. Bear Valley Road Repair. ECORP performed construction monitoring for a road repair project along Bear Valley Cutoff east of State Route 18 in the Apple Valley Area for the San Bernardino County DPW. Biologists performed daily monitoring for desert tortoise and other sensitive species. The biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Hinkley Road Crossing Repair Project. ECORP provided environmental review services for the reopening of Hinkley Road including the repair of the bridge protection, restriping, re -painting of pavement markings, and installation of roadside signage. ECORP prepared a CEQA categorical exemption and NEPA categorical exclusion due to federal funding of the project. ECORP also prepared a Caltrans Preliminary Environmental Study (PES), jurisdictional delineation, and regulatory permitting applications, and provided extensive coordination with regulatory agencies in in support of obtaining USACE, CDFW, and RWQCB permits. National Trails Highway Road Improvements. ECORP biologists performed pre - construction surveys and construction monitoring for road improvement activities along National Trails Highway one mile north of Vista Road for the San Bernardino County DPW. Biologists performed preconstruction surveys to determine presence of desert tortoise, burrowing owl, and other nesting birds. During construction, biologists performed daily monitoring for desert tortoise, burrowing owl, and other sensitive species. The ECORP Consulting, Inc. October 21, 2021 ■ 18 ENVIRONMENTAL CONSULTANTS P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Shadow Mountain Road Repair. ECORP biologists performed construction monitoring during road repairs along Shadow Mountain Road and Old El Mirage Road west of US Route 395 near Adelanto for the San Bernardino County DPW. Biologists performed daily monitoring for desert tortoise and other sensitive species. The biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Daily monitoring reports were generated and submitted on a weekly basis West Street and Citron Street Sidewalk Gap Closure, Orange County Client: City of Anaheim Year Completed: 2018 ECORP prepared a Caltrans Local Assistance PIES, NEPA CE, and CEQA CE in support of two sidewalks in the City of Anaheim just north of Anaheim High School. The project included the construction of sidewalk gap closures, including new five -foot -wide sidewalks, reconstruction of ADA-compliant driveways and ramps, curb and gutter, drainage facilities and minor asphalt concrete pavement resurfacing, and reconstruction/rehabilitation as needed to accommodate grades within the existing right-of-way along West Street and Citron Street. In support of the PIES, ECORP also prepared an Area of Potential Effects (APE) Map, Archaeological Survey Report (ASR), Historic Property Survey Report (HPSR), and conducted Native American Consultation. ECORP provided Spanish translation services for the public meeting notice and was available during the public meeting to answer questions from the Spanish-speaking residents. CEQA Documents for Inglewood Avenue at Manhattan Beach Boulevard, Los Angeles County Client: City of Redondo Beach as a Sub to Onward Engineering Year Completed: 2017 ECORP prepared an IS/MND and supporting air quality/greenhouse gas assessment for proposed turn lane improvements on Inglewood Avenue at Manhattan Beach Boulevard in the City of Redondo Beach. The project consists of a new right turn land or southbound Inglewood Avenue to westbound Manhattan Beach Boulevard, allowing for an additional southbound through lane. The proposed improvements are expected to improve the level of service. Lincoln Avenue Widening Project (from East Street to Evergreen Street), Orange County Client: City of Anaheim as a Sub to AndersonPenna Partners Year Completed: 2018 ECORP prepared an IS/MND and supporting Cultural Resources Technical Report, which included the historic evaluation of 22 properties along Lincoln Avenue in the City of Anaheim. The Lincoln Avenue Widening Project would improve the Level of Service (LOS) for a segment of Lincoln Avenue between East Street and Evergreen Street. Lincoln Avenue serves as a major east/west arterial and is classified as a primary arterial by the City of Anaheim's General ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 19 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Plan Circulation Element. Currently, this segment of Lincoln Avenue is a four -lane divided roadway operating at a LOS "C" with a mid -block volume to capacity ratio of 0.80. The Project would widen an approximate 2,700-foot segment of Lincoln Avenue from East Street to Evergreen Street and convert this segment of Lincoln Avenue from a four- to a six -lane divided arterial. This project is anticipated to improve the arterial LOS "C" to an LOS "A" with a volume capacity ratio of 0.53. Verdugo Street Beautification Project, San Juan Capistrano, Orange County Client: City of San Juan Capistrano as a Sub to Adams -Streeter Year Completed: 2020 ECORP prepared a CEQA IS/MND with technical studies for right-of-way improvements to Verdugo Street in the Historic Town Center of San Juan Capistrano. The Concept Plan proposes landscaping with tree planting, enhanced paving, walkways, storm water capture/treatment, signage and utilities to create a pedestrian friendly paseo on this commercial street between Camino Capistrano and the Metrolink Station at the entry to the Historic Los Rios District in downtown San Juan Capistrano. F - References ECORP encourages the City to contact our references. James Volz, P. Senior Civil Engineer (714) 834-5129 James.Volz@ocpw.ocgov.com Brian Ige Associate Engineer (714) 647-3385 bige@santa-ana.org Mark Gim Project Manager (626) 458-6139 TGim@dpw.lacounty.gov Nancy Sansonetti, AICP Planner III (909) 387-8109 nancv.sansonettiadow.sbcou Cesar Carillo, PE Principal Engineer (714) 765-5175 ccarrillo@anaheim.net ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS Table 1 — References OC Public Works 601 N. Ross Street Santa Ana, CA 92701 City of Santa Ana Public Works Agency 20 Civic Center Plaza, Santa Ana, CA 92702 6 On -Call Environmental Documentation Contract (CEQA/NEPA, Biological, Archaeological, and Regulatory Permits), i Orange County Septic to Gravity Sewer Project for Three Streets in a Residential Area, Santa Ana, Orange County Los Angeles County Public As -Needed Works Environmental and 900 S. Fremont Avenue, 9t" Cultural Consultant Floor Services, Los Angeles Alhambra, CA 91803 County County of San Bernardino, Department of Public Works 825 East Third Street San Bernardino, CA 92415 M-3 City of Anaheim, Department of Public Works 200 S. Anaheim Blvd, MS #276 Anaheim, CA 92805 On -Call Environmental Services Contract, San Bernardino County West Street and Citron Street Sidewalk Gap Closure, Orange County October 21, 2021 ■ 20 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 2: SCOPE OF SERVICES AND SCHEDULE ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 21 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Scope of Services and Schedule This section provides ECORP's approach to providing environmental services and managing schedules applicable to right of way specialty work. Our overall approach is to provide environmental compliance services that meet the following goals: Concise, well -written technical documents that analyze environmental issues and provide feasible mitigation measures agreed upon by City staff High -quality CEQA and NEPA documents that are easily understandable by the public and decision makers and meet the requirements of outside agencies, if needed Delivery of services on time and within budget CEQA/NEPA Environmental Documentation Services ECORP has a highly qualified group of in-house professionals with over 20 years of experience in preparing environmental documents that comply with both CEQA and NEPA, including IS/MNDs, EIRs, Categorical or Statutory Exemptions, Environmental Impact Statements (EIS), Environmental Assessments (EA), Categorical Exclusions (CE), Findings of No Significant Impact (FONSI), and joint CEQA/NEPA documents. ECORP's environmental specialists regularly synthesize technical studies provided by specialty subconsultants (e.g., traffic, hazardous waste, geotechnical/soils, hydrology/floodplain) into the respective sections of environmental documents. They are also experienced in conducting detailed Alternatives Analysis, Addendum and Supplemental/Subsequent CEQA/NEPA documentation, noticing, public outreach (including Spanish -English bilingual services), and preparing the administrative record. Bilingual Outreach Our CEQA and NEPA document expertise extends to facilitating the public participation component of these processes. Our technical staff includes English/Spanish bilingual personnel, and we often include the English/Spanish translation of public notices and other public information materials as part of the environmental process. ECORP Consulting, Inc. ENVfR0-0-TAL CONSULTANTS October 21, 2021 ■ 22 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Cultural Resources Services ECORP's staff of cultural resources specialists is experienced providing the full range of cultural resources services to a variety of public and private clients throughout California. Our staff of archaeologists and historic resources specialists is fully versed in procedures to comply with the cultural resources provisions of CEQA, Section 106 of the NHPA, and other federal, state, and local statutes. Our project experience includes conducting hundreds of records searches and surveys, recording both prehistoric and historic -age archaeological resources. ECORP is leading the way in the implementation of the new CEQA requirement for tribal ECORP's cultural resources staff has provided monitoring services throughout southern California consultation under the recently passed Assembly Bill (AB) 52. We document historic -age structures and buildings, evaluate resources for eligibility for the National Register of Historic Places, the California Register of Historical Resources, and local registers, and conduct test excavations to evaluate archaeological sites. ECORP's cultural resources staff conducts Native American consultation for most projects. Biological Resources Evaluations and Habitat Assessments ECORP is well versed in the management of biological resources of Orange County including the Central -Coastal Natural Community Conservation Plan NCCP/HCP, Orange County Southern Subregion HCP, and Orange County Transportation Authority's M2 NCCP/HCP. ECORP is fully staffed with biologists permitted to perform habitat assessments and protocol -level surveys for state -listed and federally listed wildlife species likely to be encountered in Orange County under this contact. Our botanists have permits to collect vouchers for several sensitive plant species, and we have certified arborists in-house. Our staff has local, regional, and statewide experience working within a wide variety of habitats and natural Our biologists conduct aquatic and terrestrial biological surveys, as well as monitoring communities. Our biologists are familiar with species' habitat components and life histories and apply agency -approved survey methods. The ECORP team has prepared a variety of environmental documents that include, but are not limited to, habitat mitigation and monitoring plans, long-term monitoring plans (i.e., restoration), habitat conservation plans, natural community conservation plans, feasibility studies, biological technical reports, biological due diligence/ assessments, and environmental assessments. We conduct jurisdictional wetland delineations and prepare reports following established agency standards. These reports consistently receive concurring determinations from the agencies. ECORP staff members have established professional working relationships with federal and state regulatory agencies, based on technical excellence and a thorough understanding of regulatory processes. We are experienced in preparing environmental permit applications for a variety of agencies that include, but are not limited to, USACE, USFWS, CDFW, and RWQCB, �isECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 23 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and have successfully negotiated permit conditions on behalf of our clients for hundreds of projects. Air Quality and Greenhouse Gas Assessments ECORP's technical assessment and modeling team is involved in the preparation of a full range of CEQA environmental compliance and review documents, and is proficient in the use of CalEEMod, EMFAC2014, AERMOD, and other industry standard emissions modeling tools. ECORP has extensive expertise conducting emissions -related analyses and a comprehensive working knowledge of the associated regulatory environment, including that promulgated by the South Coast Air Quality Management District (SCAQMD) to achieve and maintain all federal and state air quality standards in the South Coast Air Basin, in which the City is located. We are also familiar with the SCAQMD's and the City's efforts to reduce greenhouse gas emissions and reduce the effects of climate change. Noise Assessments ECORP employs state-of-the-art technology and a comprehensive working knowledge of the regulatory environment to provide clients with cost-efficient and technically defensible noise - related analysis. ECORP's technical analysts are proficient in the use of the Roadway Construction Model, the Federal Highway Administration Highway Traffic Noise Prediction Model, and other industry standard noise modeling tools. ECORP also provides both short and long-term noise level measurements to assess the existing noise environment and effectively analyze the contributions of a given project on future ambient noise levels. Noise level measurements provide an understanding of existing conditions as they relate to local regulations and the noise -sensitive land uses in a given area. Our staff is experienced with collecting noise level measurements for a variety of projects, from residential homes to commercial and warehouse developments, and use equipment which meets the latest American National Standards Institute (ANSI) standard specifications for sound level meters. We will create a master calendar for this program so that all projects and assigned staff are clearly defined and each staff member knows their schedule and their responsibilities. Supporting Technical Studies and Services Hydrology, Water Quality, Sewer, and Utility Services Both Huitt-Zollars and Civil Works offer a wide range of storm water quality management expertise to both the private and public sectors for both linear and traditional construction projects throughout California. These subconsultants approach each project with site -specific and cost-effective techniques to minimize storm water pollution, and comply with state, federal, and local regulations. The ECORP team includes Certified Professionals in Erosion and Sediment Control (CPESCs) that are certified by the State as Qualified SWPPP Developers (QSD) and Qualified SWPPP Practitioners (QSP). Each QSDs and QSPs are familiar with the requirements set forth in the NPDES Construction General Permit, Municipal, and Industrial Permits. Both Huitt-Zollars and Civil Works have long-term experience with SWPPP preparation and implementation and qualified staff that specialize in compliance assistance with the requirements of the State Water Resources Control Board (SWRCB). Their staff possesses an ECORP Consulting, Inc. EN K0N,1E AL CONSULTANTS October 21, 2021 ■ 24 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) in-depth knowledge of appropriate and effective erosion and sediment control Best Management Practices (BMPs) and our team of project managers and environmental specialists regularly assist clients with the permitting and monitoring process. Traffic and Transportation Engineering Services KOA has extensive experience in traffic and transportation engineering and has provided traffic engineering services on many awarded winning projects throughout Southern California. Their staff of registered professional engineers and designers has extensive knowledge of standards and specifications such as the California Manual on Uniform Traffic Control Devices, Highway Design Manual, Highway Capacity, and Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications. They also have knowledge and experience in preparing Caltrans Encroachment permits, PEERs, and Fact sheets. KOA services include, but are not limited to traffic circulation study, vehicles miles traveled (VMT) analysis, transportation demand management plans, transit and access improvement plans, parking analysis and management measures, signal timing, engineering and traffic survey, collision data analysis, road safety audits and systemic safety analysis, signal and left -turn warrants, signing and striping design, bicycle facilities design, traffic signal, intelligent transportation systems (ITS), traffic management systems (TMS), street lighting, worksite traffic control plan, and traffic signal system inventory and master plan. Geotechnical Ninyo & Moore will provide geotechnical consulting services in preparation of environmental planning documents in accordance with the guidelines of the CEQA and NEPA. Ninyo & Moore's CEQA and NEPA-level evaluation will address the site geologic conditions, the proposed project's impacts on the geologic environment, the potential geologic and seismic hazards that may affect the project, and appropriate mitigation recommendations. Their approach to this evaluation generally entails review of geotechnical background materials, including topographic and geologic maps, published geotechnical literature, seismic data, groundwater data, and aerial photographs; geologic site reconnaissance; evaluation of the potential impacts that the project components may have on the existing geologic environment; assessment of the general geologic conditions and seismic hazards affecting the area, including surface fault rupture, ground shaking, liquefaction, landslides and mudflows, soil erosion, subsidence, settlement, and expansion or collapse of soils, and evaluation of their potential impacts on the project; compilation and geotechnical analysis of existing geotechnical data pertaining to the subsurface conditions; and preparation of a Geology and Soils technical report presenting findings, conclusions, and preliminary mitigation recommendations regarding the various geologic constraints for the project, as well as conclusions and recommendations relative to the geotechnical aspects of the project's conceptual design and construction. Environmental Site Assessments Ninyo & Moore will assist in conducting Phase I Environmental Site Assessments (ESAs) to evaluate if recognized environmental conditions (RECs) are present on project sites. RECs are basically the likely presence of hazardous substances or petroleum products in soil, soil vapor or groundwater at the property indicative of a release. The Phase I ESAs will be prepared in accordance with ASTM Phase I ESA Standard E1527-13. The Phase I ESAs are based on ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 25 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) review of the historical records (topographic maps, Sanborn Fire Insurance Rate Maps, aerial photographs, etc.), environmental lien search, environmental database review, property records review (including previous environmental documents), site reconnaissance, property owners interviews, and regulatory agency personnel interviews. The Phase I ESA report can be incorporated into the CEQA/NEPA document. If RECs are identified, they will be clearly identified in the Phase I ESA report, which will include recommendations for a Phase II ESA. The Phase 11 ESA is intended to thoroughly investigate the chemicals of potential concern (COPCs) suspected to be present in soil, soil vapor or groundwater beneath the project site. The Phase 11 ESA will be conducted in accordance with ASTM Phase 11 ESA Standard E1903- 11. The scope of the Phase II ESA will be presented in a work plan for review and approval by the Harbor Department. The Phase II ESA will include appropriate sample collection and analyses, compare concentrations of COPCs to appropriate federal or state regulatory health risk screening levels, and evaluate health risks to workers and occupants. The Phase II ESA will clearly summarize results and provide potential mitigation measures to reduce their impacts to the project. Results of the Phase II ESA will be clearly presented in the Phase 11 ESA report, which can be incorporated into the CEQA/NEPA document. Managing the Schedule to Meet Deliverable Objectives Our approach to managing the schedule emphasizes the following: Determining resource needs — Looking at similar projects, researching data on specific activities, consulting with managers of similar projects. Selecting the right schedule for type and complexity of project —Using Excel to create a Milestone or Gantt chart for linear projects or Microsoft Project to produce a CPM schedule. We will create a master calendar for this program so that all projects and assigned staff are evident and so each staff member knows their schedule and their responsibilities. Disseminating the project schedule — Providing the schedule to the City and consultant project team, Project Managers, and senior management; reviewing the schedule during the project kickoff meeting; updating it as needed with project reporting meetings; and attaching it to the project execution plan. Managing the schedule — Tracking planned against actual progress and using schedule compression as necessary to complete the project on time. Compression techniques can include adding qualified staff from other Southern California offices or other resources to shorten the time required for a task; performing tasks in parallel that were originally to be done in sequence; or by splitting tasks so that subsequent tasks can begin early. ECORP Consulting, Inc. ENV 0R ,1EN CONSULTANTS October 21, 2021 ■ 26 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 3: FEE PROPOSAL ECORP Consulting, Inc. E Vf.,J,,1 NTAL CONSULTANTS October 21, 2021 ■ 27 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) ECORP is presenting the fee proposal in a separate sealed envelope per RFP guidelines. ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 28 P21-590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 4: CERTIFICATIONS ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS October 21, 2021 ■ 29 P21-590 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section l 12 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the BIDDER has not in any manner. directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion then f shall a cons u signature of this Non -collusion Affidavit. BIDDERS are cautioned that nng a falAertyt� atj& may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this 111g day of ��, 24_, by 7 wnl_,�) , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal Tt]NNI CLMRK COMM. #2299389 z aM Notary Public • California m Placer CountyComm. Ex ires Ju 29. 2023 City of Santa Ana RFP Pape A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm ECORP Consulting, Inc. Signed and Printed Name: Title Vice President/Contracting Officer Date October 12, 2021 G A// '/ Brant Brechbiel City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall 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. The Consultant shall 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/her 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. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM 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 subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all t penalties im osed for a violation of the Chapter. A Signed: ZZ./' Title: Vice President/Contracting Officer Firm: ECORP Consulting, Inc. Date: October 12, 2021 City of Santa Ana RFP Page A3-4 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL Page 22 SOILS Atterberg Limits, D 4318, CT 204 $ California Bearing Ratio (CBR), D 1883 $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229............................................................................ $ Expansion Index, D 4829, IBC 18-3......................................................... $ Expansion Potential (Method A), D 4546................................................. $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of PeatlOrganic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297.......................................................... $ Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt....................... $ Triaxial Shear, U.U., D 2850..................................................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... $ Brick Efflorescence, C 67...................................................... $ Brick Modulus of Rupture, C 67.................................................... $ Brick Moisture as received, C 67......................................................... $ Brick Saturation Coefficient, C 67........................................................ $ Concrete Block Compression Test, 8x8xl6, C 140 ............................... $ Concrete Block Conformance Package, C 90......................................... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6........ Hardness Test, Rockwell, A 370................... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325......................................... Mechanically Spliced Reinforcing Tensile Test, ACI. Prestress Strand (7 wire), A 416................................ Reinforcing Tensile or Bend up to No.11, A 615 & A 706........... Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................ $ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$1,000 350 Slurry Wet Track Abrasion, D 3910............................................................ $ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$1,000 Unit Weight sample or core, D 2726, CT 308................ ........ ............ $ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2.............. ........ .............$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3............... ........ ........ .........$ 90 55 Wax Density, D 1188 $ 140 50 45 AGGREGATES 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535....................................................... $ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................ $ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 150 Sodium Sulfate Soundness, C 88................................................................$ 450 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67 .............. ........ ........ .......... $ 250 Roofing Tile Strength Test, (set of 5), C 67..... $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore 12021 Laboratory Testing Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below City of Santa Ana RFP 21-075 Page A4-1 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment Ex"iBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1_ Local Agency: City of Santa Ana 2, Contract DBE Goal: 8.00% 3. Project Description: On -Call Environmental Consulting Services (RFP No. 21-105) 4. Project Location: City of Santa Ana 5. Consultant's Name: ECORP Consulting, Inc. 6. Prime Certified DBE: 0 7. Total Contract Award Amount: $950,000 8. Total Dollar Amount for ALL Subconsultants: TBD 9. Total Number of ALL Subconsultants: 4 10. Description of Work, Service. or Materiais 11, DBE 13. DBE Supplied Certification 12, DBE Contact Information Dollar Number Amount KOA- Traffic Studies and Preliminary NIA NIA Engineering (to support CEQA Analysis) Ninya & Moore - NIA N/A Environmental and Geotechnical Services KPA - Public Outreach 31503 Katherine Padilla Ortanez - 787 Merrett Drive, 20,000 Pasadena, CA 91104, (626) 818-3324 Huitt-Zollars - Hydrology/Water Quality Studies, Water Assessment Studies, and Utility/Sewer NIA NIA Studies TBD - EnvironmentaUEngineering Services TBD TBD 56,000 Local Agency to Complete this Section $ 76,000 20. Local Agency Contract rdiimhar, 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22, Contract Execution 8 % rSA}P' Local Agency certifies that all DBE certifications are valid and information on IMPORT T: Identify al DBE firms being claimed for credit, this form is complete and accurate. regardie of tier. Writ confi atia of each listed DBE is requir 01112I2023 23. Local Agency Representative's Signature 24. Date 15.'Preparer's Signature 16. Date Brant Brechbiel (714) 648-0630 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18, Phone Vice PresidentlChief Contracting Officer 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION 1. Original —Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. Far information call (916)654-5410 orTDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89. Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - )Enter the project location as it appears on the project advertisement, 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultauts - Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SLIM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work., services, or materials to he provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If I00% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DDE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened, 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $; Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented. Good Faith Effort (GFE) is required (see Exhibit 1 S-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer"s Signature -The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer"s Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/tide of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier, 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment Form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Note: Mark-ups are Not Allowed Consultant ECORP Consulting, Inc. Project No. For Combined Rate For Home Office Rate For Field Office Rate EXHIBIT 10-H2 COST PROPOSAL Page I of 5 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) ® Prime Consultant Contract No. ❑ Subconsultant ❑ 2" d Tier Subconsultant Participation Amount $ $950,000.00 Date 01/31/2023 Fringe Benefit 64.66% + General &Administrative 125.00% = Combined ICR 189.66 /o OR Fringe Benefit % + General &Administrative % = Home Office ICR% Benefit % + General &Administrative % = Field Office ICR% Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing RateS2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight3 OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Anne Surdzial - QA/QC Manager * $236.42 $0.00 $0.00 01/01/2023 12/31/2023 $74.20 Not Applicable Senior Environmental Planner $243.51 $0.00 $0.00 01/01/2024 12/31/2024 $76.43 3.0% $250.82 $0.00 $0.00 01/01/2025 12/31/2025 $78.72 3.0% $258.34 $0.00 $0.00 01/01/2026 12/31/2026 $81.08 3.0% Freddie Olmos - Project Manager/ $178.84 $0.00 $0.00 01/01/2023 12/31/2023 $56.13 Not Applicable Principal Agent* $184.21 $0.00 $0.00 01/01/2024 12/31/2024 $57.81 3.0% Senior Environmental Planner $189.74 $0.00 $0.00 01/01/2025 12/31/2025 $59.55 3.0% $195.43 $0.00 $0.00 01/01/2026 12/31/2026 $61.33 3.0% Margaret Partridge - $153.16 $0.00 $0.00 01/01/2023 12/31/2023 $48.07 Not Applicable Project Manager/Alternative Agent* $157.76 $0.00 $0.00 01/01/2024 12/31/2024 $49.51 3.0% Senior Environmental Planner $162.49 $0.00 $0.00 01/01/2025 12/31/2025 $51.00 3.0% $167.37 $0.00 $0.00 01/01/2026 12/31/2026 $52.53 3.0% David Atwater - Senior $168.49 $0.00 $0.00 01/01/2023 12/31/2023 $52.88 Not Applicable Environmental Planner* $173.54 $0.00 $0.00 01/01/2024 12/31/2024 $54.47 3.0% $178.75 $0.00 $0.00 01/01/2025 12/31/2025 $56.10 3.0% $184.11 1 $0.00 1 $0.00 01/01/2026 1 12/31/2026 1 $57.78 1 3.0% Page 1 of 5 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Name/Job Title/Classification' Hourly Billing RateS2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Strai ht3 OT 1.Sx OT 2x From To Hourly Rate' Increase for Classifications Only Lindsay Liegler- Associate $106.96 $160.44 $213.93 01/01/2023 12/31/2023 $33.57 Not Applicable Environmental Planner* $110.17 $165.26 $220.34 01/01/2024 12/31/2024 $34.58 3.0% $113.48 $170.22 $226.95 01/01/2025 12/31/2025 $35.61 3.0% $116.88 $175.32 $233.76 01/01/2026 12/31/2026 $36.68 3.0% Seth Myers - Senior Air $160.84 $0.00 $0.00 01/01/2023 12/31/2023 $50.48 Not Applicable Quality/GHG/Noise Analyst* $165.67 $0.00 $0.00 01/01/2024 12/31/2024 $51.99 3.0% $170.64 $0.00 $0.00 01/01/2025 12/31/2025 $53.55 3.0% $175.76 $0.00 $0.00 01/01/2026 12/31/2026 $55.16 3.0% William Duvall - Senior Air $159.31 $0.00 $0.00 01/01/2023 12/31/2023 $50.00 Not Applicable Quality/GHG/Noise Analyst* $164.09 $0.00 $0.00 01/01/2024 12/31/2024 $51.50 3.0% $169.02 $0.00 $0.00 01/01/2025 12/31/2025 $53.05 3.0% $174.09 $0.00 $0.00 01/01/2026 12/31/2026 $54.64 3.0% Rosemarie Worden- Associate $89.37 $134.06 $178.75 01/01/2023 12/31/2023 $28.05 Not Applicable Environmental Planner* $92.06 $138.08 $184.11 01/01/2024 12/31/2024 $28.89 3.0% $94.82 $142.23 $189.64 01/01/2025 12/31/2025 $29.76 3.0% $97.66 $146.49 $195.32 01/01/2026 12/31/2026 $30.65 3.0% Stacie Tennant- Senior Wildlife $175.24 $0.00 $0.00 01/01/2023 12/31/2023 $55.00 Not Applicable Biologist* $180.50 $0.00 $0.00 01/01/2024 12/31/2024 $56.65 3.0% $185.92 $0.00 $0.00 01/01/2025 12/31/2025 $58.35 3.0% $191.49 $0.00 $0.00 01/01/2026 12/31/2026 $60.10 3.0% Carley (Lancaster) Adams - Staff $125.92 $188.88 $251.84 01/01/2023 12/31/2023 $39.52 Not Applicable Biologist/Arborist* $129.70 $194.55 $259.40 01/01/2024 12/31/2024 $40.71 3.0% $133.59 $200.38 $267.18 01/01/2025 12/31/2025 $41.93 3.0% $137.60 $206.40 $275.19 01/01/2026 12/31/2026 $43.18 3.0% Sonia Sifuentes, RPA - Cultural $141.60 $0.00 $0.00 01/01/2023 12/31/2023 $44.44 Not Applicable Resources Manager* $145.85 $0.00 $0.00 01/01/2024 12/31/2024 $45.77 3.0% Senior Archaeologist $150.22 $0.00 $0.00 01/01/2025 12/31/2025 $47.15 3.0% $154.73 $0.00 $0.00 01/01/2026 12/31/2026 $48.56 3.0% Jeremy Adams - Cultural Resources $168.49 $0.00 $0.00 01/01/2023 12/31/2023 $52.88 Not Applicable Manager* $173.54 $0.00 $0.00 01/01/2024 12/31/2024 $54.47 3.0% Senior Architectural Historian $178.75 $0.00 $0.00 01/01/2025 12/31/2025 $56.10 3.0% $184.11 $0.00 $0.00 01/01/2026 12/31/2026 $57.78 3.0% Lisa Westwood, RPA - Cultural $257.32 $0.00 $0.00 01/01/2023 12/31/2023 $80.76 Not Applicable Resources Manager* $265.04 $0.00 $0.00 01/01/2024 12/31/2024 $83.18 3.0% Tribal Cultural Resources Specialist $272.99 $0.00 $0.00 01/01/2025 12/31/2025 $85.68 3.0% $281.18 $0.00 $0.00 01/01/2026 12/31/2026 $88.25 3.0% Page 2 of 5 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Christopher Uminski — Assistant $70.10 $105.15 $140.20 01/01/2023 12/31/2023 $22.00 Not Applicable Environmental Planner $72.20 $108.30 $144.40 01/01/2024 12/31/2024 $22.66 3.0% $74.37 $111.55 $148.73 01/01/2025 12/31/2025 $23.34 3.0% $76.60 $114.90 $153.20 01/01/2026 12/31/2026 $24.04 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Page 3 of 5 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 EXHIBIT 10-112 COST PROPOSAL Page 3 of SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant ECORP Consulting Inc. Project No. Z Prime Consultant Contract No. ❑ Subconsultant Date _01/31/2023 Cost Proposal SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD Mile IRS Rate $ Equipment Rental and Supplies TBD $ $ At cost Permit Fees $ $ At cost Plan Sheets $ $ Test $ $ Vehicle $ $ At rental cost Subconsultant 1: Nin o & Moore $ TBD Subconsultant 2: KOA Corporation $ TBD Subconsultant 3: Huitt-Zollars, Inc. $ TBD Subconsultant 4: DBE TBD $ TBD Subconsultant 5: Katherine Padilla & Associates $ TBD Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Page 4 of 5 January 2020 Local Assistance Procedures Manual EXN134T 10-H2 Cast Proposal ExiiiBIT 10-H2 COST PROPOSAL Page 3 of Certification of Direct Costs: I, the undersigned, certify to the best ❑fury knowledge and belief that all direct costs identified on the cost proposals) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4- 48 Code of Federal Regulations Part 3 I - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project tiles and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.. Prime Consultant or Subconsultant Certifvinp: Name: Title *: Vice President Signature : G Date of Certification (mmlddlyyyy):-2Cti 112023 Email: bbrecltbiel ecnrpcUns_ulting.corn Phone Number: (714) 648-0630 Address: 2861 Pullman Street, Santa Ana, CA 92705 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Environmental compliance services. Page 5 of 5 January 2020 Local Assistance Procedure Manual Cost Proposal COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups we Not Allowed Consultant Ninyo & Moore ❑ Prime Consultant © Subconsultant ❑ 2nd Tier Subconsultant Project No. Contract No. Participation Amount!- TBD Date 1/31/2023 For Combined Rate Fringe Benefit % + General &Administrative % = 137.19% Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % = 0.00% Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % = 0.00% Field Office ICR% OH Rate Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Ratesz Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Garreth Saiki, Principal Engineer* $193.18 N/A N/A 09/01/2021 08/31/2022 $74.04 0.0% Not Applicable Geotechnical Engineer/Geologist/Env. Scient $198.97 N/A N/A 09/01/2022 08/31/2023 $76.26 3.0% $204.94 N/A N/A 09/01/2023 08/31/2024 $78.55 3.0% $204.94 N/A N/A 09/01/2024 08/31/2025 $78.55 3.0% $211.09 N/A N/A 09/01/2025 08/31/2026 $80.91 3.0% Project Engineer* $130.45 N/A N/A 09/01/2021 08/31/2022 $50.00 0.0% Not Applicable $134.37 N/A N/A 09/01/2022 08/31/2023 $51.50 3.0% $138.40 N/A N/A 09/01/2023 08/31/2024 $53.05 3.0% $138.40 N/A N/A 09/01/2024 08/31/2025 $53.05 3.0% $142.55 N/A N/A 09/01/2025 08/31/2025 $54.64 3.0% Vance Hunter, Group 1- Materials Tester ** $151.46 $180.48 $209.51 09/01/2021 08/31/2022 $58.05 0.0% Not Applicable $156.00 $185.90 $215.79 09/01/2022 08/31/2023 $59.79 3.0% $160.68 $191.47 $222.27 09/01/2023 08/31/2024 $61.59 3.0% $160.68 $191.47 $222.27 09/01/2024 08/31/2025 $61.59 3.0% $165.50 $197.22 $228.93 09/01/2025 08/31/2026 $63.43 3.0% Matthew Jacobs, Group 1- Materials Tester ** $147.88 $176.22 $204.56 09/01/2021 08/31/2022 $56.68 0.0% Not Applicable $152.32 $181.51 $210.70 09/01/2022 08/31/2023 $58.38 3.0% $156.89 $186.96 $217.02 09/01/2023 08/31/2024 $60.13 3.0% $156.89 $186.96 $217.02 09/01/2024 08/31/2025 $60.13 3.0% $161.60 $192.56 $223.53 09/01/2025 08/31/2026 $61.94 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Page 1 of 3 June 2021 Local Assistance Procedure Manual Cost Proposal COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Ninyo & Moore ❑ Prime Consultant ❑X Subconsultant ❑ 2nd Tier Subconsultant Project No. Contract No. Participation Amount! TBD Date 1/31/2023 For Combined Rate For Home Office Rate For Field Office Rate Benefit % + General &Administrative % Fringe Benefit % + General &Administrative % Fringe Benefit % + General &Administrative % = 137.19% Combined ICR% 0.00% Home Office ICR% 0.00% Field Office ICR% OH Rate Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Ratesz Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Field Operations Manager* $143.50 N/A N/A 09/01/2021 08/31/2022 $55.00 0.0% Not Applicable $147.80 N/A N/A 09/01/2022 08/31/2023 $56.65 3.0% $152.24 N/A N/A 09/01/2023 08/31/2024 $58.35 3.0% $152.24 N/A N/A 09/01/2024 08/31/2025 $58.35 3.0% $156.81 N/A N/A 09/01/2025 08/31/2026 $60.10 3.0% Geotechnical Assistant* $86.10 N/A N/A 09/01/2021 08/31/2022 $33.00 0.0% Not Applicable $88.68 N/A N/A 09/01/2022 08/31/2023 $33.99 3.0% $91.34 N/A N/A 09/01/2023 08/31/2024 $35.01 3.0% $91.34 N/A N/A 09/01/2024 08/31/2025 $35.01 3.0% $94.08 N/A N/A 09/01/2025 08/31/2026 $36.06 3.0% Dispatcher* $148.04 N/A N/A 09/01/2021 08/31/2022 $56.74 0.0% Not Applicable $152.48 N/A N/A 09/01/2022 08/31/2023 $58.44 3.0% $157.06 N/A N/A 09/01/2023 08/31/2024 $60.20 3.0% $157.06 N/A N/A 09/01/2024 08/31/2025 $60.20 3.0% $161.77 N/A N/A 11 09/01/2025 1 08/31/2026 1 $62.00 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Page 2 of 3 June 2021 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant _Ninyo & Moore ❑ Prime Consultant ® Subconsultant Project No. Contract No. Date 1/31/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Laboratory Testing Services in Accordance with the Attached Schedule of Fees for Laboratory Testing Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Note: Add additional pages if necessary. NOTES 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools ofthe trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 3 of 3 June 2021 SOILS Atterberg Limits, D 4318, CT 204 .................. .... $ California Bearing Ratio (CBR), D 1883................................................... $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229......................................................................... $ Expansion Index, D 4829, IBC 18-3.................................................... $ Expansion Potential (Method A), D 4546................................................ $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297......................................................... $ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ..................... $ Triaxial Shear, U.U., D 2850................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... .... $ Brick Efflorescence, C 67.......................................................................... $ Brick Modulus of Rupture, C 67................................................................ $ CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................$ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP-4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 Unit Weight sample or core, D 2726, CT 308.............................................$ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3.....................................................$ 90 55 Wax Density, D 1188 $ 140 50 Brick Moisture as received, C 67.............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67............................................................. $ Concrete Block Compression Test, 8x8xl6, C 140 ............................... $ Concrete Block Conformance Package, C 90........ .... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6.... Hardness Test, Rockwell, A 370......... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325...................................... Mechanically Spliced Reinforcing Tensile Test, ACI .... Pre -Stress Strand (7 wire), A 416................................... Reinforcing Tensile or Bend up to No.11, A 615 & A 706. Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI.. 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 $ 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 $ 150 Sodium Sulfate Soundness, C 88................................................................$ 450 $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 $ 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67.................................................$ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore 12021 Laboratory Testing Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Avram Ninyo Signature Email: aninyo@ninyoandmoore.com Address: 5710 Ruffin Road, San Diego, CA 92123 Title *: President Date of Certification (mm/dd/yy@: 10/13/2021 Phone Number: 858.576.1000 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Materials Testing and Inspection Services Page 4 of 9 January 2020 Exhibit 10-H2 Cost Proposal Contract: Santa Ana On -Call Engineering and Planning Services Consultant: KOA Corporation K14rlorA Date: 1 /9/2023 Fringe Benefit % Overhead % G&A % Combined % NORMAL 39.72% + 31.47% + 78.38% = 149.57% (= 0% if Included in OH) FEE % = 10% (= 0% if Included in OH) Salary Increase 5.00%* Name / Classification Hourly Billing Rates Effective date of rate Actual hourly Increase* % Hourly rangehourly Frank Barrera /Project Manager Straight $172.95 From 1/1/2023 To 12/31/2023 Rate $63.00 for class $181.60 1/1/2024 12/31/2024 $66.15 5.00% Not Applicable $190.68 1/1/2025 12/31/2025 $69.46 5.00% Jonathan Louie/Senior Planner $181.19 1/1/2023 12/31/2023 $66.00 $190.25 1/1/2024 12/31/2024 $69.30 5.00% Not Applicable $199.76 1/1/2025 12/31/2025 $72.77 5.00% Greg Garces/Senior Designer $120.79 1/1/2023 12/31/2023 $44.00 $126.83 1/1/2024 12/31/2024 $46.20 5.00% Not Applicable $133.17 1/1/2025 12/31/2025 $48.51 5.00% Christian Dy/Senior Associate Engineer $104.32 1/1/2023 12/31/2023 $38.00 $109.54 1/1/2024 12/31/2024 $39.90 5.00% Not Applicable $115.01 1/1/2025 12/31/2025 $41.90 5.00% Pinal Vashi/Associate Engineer $87.85 1/1/2023 12/31/2023 $32.00 $92.24 1/1/2024 12/31/2024 $33.60 5.00% Not Applicable $96.85 1/1/2025 12/31/2025 $35.28 5.00% Elizabeth Ibarra/Administrative $89.91 1/1/2023 12/31/2023 $32.75 $94.40 1/1/2024 12/31/2024 $34.39 5.00% Not Applicable $99.12 11 1/1/2025 12/31/2025 $36.11 5.00% *Rates will continue to escalate at 5% per annum for the life of the contract. Local Assistance Procedures Manual EXHIBIT 10-142 Cast Proposal NOTES' L Key personnel must be marked with an aster sk M and employees that are subject to prevailing wage requirements roust be marked with two asterisks ["].All costs must comp]v with the Federal cost principles. Subconsultants will provide their qwn cost proposals. 2. The cost proposal format shall not be amended- 3- Billing rate - actual hourly rate * (I t ICR) " (I + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrarts. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel emcr the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Exmrr 10-H2 COST PROPOSAL Page 2 of 3 SPEcivic RATF OF C01,TENSATION (USE FOR ON -CALL Olt AS-NEE13M CONTRACTS) (CoNsTRUCTIoN ENGINEERING AND INSPECTION CONTRACTS) Consultant KOA Corporation Project No. T B Contract No. TBD ❑ Prime Consultant ❑ Subconsultant Date 10/14/2021 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit cost Total Milea a Costs $o.56 $ E ui tnent Rental and Supplies $At Cost $ Permit Fees $ At cost S Plan Sheets $At Cost $ Test $ $ Vehicle $ Subconsultant l: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ tote; Add additional pages ifnecessary. NOTES: 1, List other direct cost items with estimated costs. These costs should be competitive in their respective industtius and supported with appropriate documentation. 2. Proposed ODC mans should be consistently billed regardless of client and contract type. 3, Items when incurred For the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice), 5. Items listed above that would be considered "tools of the trade" arc not reimbtusable as other direct cost. 5. Travel related costs should be pre -approved by the contracting agency and steal I not exceed currant State I)eparnneat of Personnel Administration rules. Page 5 of 9 danuary 2018 Local Assistance Procedures Manual EXIT IT 1t7-H2 Cast Proposal 7, If mileage is claimed, the rate should be property supported by the consultant's calculation of their actual costs for compFmv vehicles. In addition, the miles claimed should be supported by miieagc logs- S. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose, 9. The cost proposal format shall not be amended, All costs must comply with the Fcdcral cost principles. 10. Add additional pages if necessary, 11. Subconsultants must provide their own cost proposals. Page G of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-14I Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7_ Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certif in : Name: Juan Gutierrez, CMA Signature Email: jgutierrez k corp.com Title *: CFO Date of Certification (mmlddlyyyy): 10/14/2021 Phone Number: 323-859-3123 Address: 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Engineering and Planning Services Page 7 of 9 January 2018 EXHIBIT 10-H2 COST PROPOSAL Page I of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Huitt-Zollars, Inc. ❑ Prime Consultant Z Subconsultant ❑ 2 Tier Subconsultant rroject Ivo. Ivi.v uonract Ivo. Li-iu:) ramcipanon Amount a L)are uLlu1/G-i For Combined Rate Fringe Benefit % + General &Administrative % = Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % 203.03% Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % 154.35% Field Office ICR% Fee = 10.00% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates' Effective Date of Hourly Rate From Actual or Avg. % or $ Hourly Range - Straight' OT(I.5X) OT(2x) To Hourly Rate° Increase for Classifications Only Jeff Okamoto - Principal in Charge $401.87 $602.80 $803.73 01/01/2023 12/31/2023 $120.56 Not Applicable Civil Engineer VIV $413.92 $620.88 $827.84 01/01/2024 12/31/2024 $124.18 3.0% $426.34 $639.51 $852.68 01/01/2025 12/31/2025 $127.90 3.0% $439.13 $658.70 $878.26 01/01/2026 12/31/2026 $131.74 3.0% Miguel Hernandez - Sr. Project Mgr $307.70 $461.55 $615.40 01/01/2023 12/31/2023 $92.31 Not Applicable Civil Engineer VIII $316.93 $475.40 $633.86 01/01/2024 12/31/2024 $95.08 3.0% $326.44 $489.66 $652.88 01/01/2025 12/31/2025 $97.93 3.0% $336.23 $504.35 $672.46 01/01/2026 12/31/2026 $100.87 3.0% Hla Htun- Sr. Civil Engineer $160.27 $240.40 $320.53 01/01/2023 12/31/2023 $48.08 Not Applicable Engineer IV $165.07 $247.61 $330.15 01/01/2024 12/31/2024 $49.52 3.0% $170.03 $255.04 $340.05 01/01/2025 12/31/2025 $51.01 3.0% $175.13 $262.69 $350.26 01/01/2026 12/31/2026 $52.54 3.0% Sean Oliver - Engineer in Training $150.67 $226.00 $301.33 01/01/2023 12/31/2023 $45.20 Not Applicable Engineer II $155.19 $232.78 $310.37 01/01/2024 12/31/2024 $46.56 3.0% $159.84 $239.76 $319.68 01/01/2025 12/31/2025 $47.95 3.0% $164.64 $246.96 $329.27 01/01/2026 12/31/2026 $49.39 3.0% Iian Huang - Engineer in Training $108.97 $163.45 $217.93 01/01/2023 12/31/2023 $32.69 Not Applicable Engineer $112.24 $168.35 $224.47 01/01/2024 12/31/2024 $33.67 3.0% $115.60 $173.40 $231.21 01/01/2025 12/31/2025 $34.68 3.0% $119.07 $178.61 $238.14 01/01/2026 12/31/2026 $35.72 3.0% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Huitt-Zollars, Inc. ❑ Prime Consultant Z Subconsultant Project No. N/A Contract No. 21-105 Date 02/l/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs EA $0.655 $ Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets IS $ Test Is $ Vehicle Is $ Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT I0-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifyin2: Name: Jill Manning Signature: Email: imanningPa huitt-zollars.com Address: 5430 LBJ Freeway, Dallas, TX 75240 Title *: Vice President Date of Certification (mm/dd/yyyy): 02/01/2023 Phone Number: 214-871-3 3 11 x10027 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Hydrology/Water Quality Studies, Water Assessment Studies, and Utility/Sewer Studies EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA), Inc. Prime Consultant ECORP Project No. Contract No. Subconsultant KPA Participation Amount $ 2nd Tier Subconsultant TBD Date 1 9 2023 For Combined Rate Fringe Benefit % + General &Administrative % 152% (Safe Harbor Rate) Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % Field Office ICR% Fee 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classificationl Hourly Billing Rates2 Straight3 OT(1.Sx) OT(2x) Effective Date of Hourly Rate From To Actual or Avg. Hourly Rate4 % or $ Increase Hourly Range - for Classifications Only Katherine Padilla Otanez, President $221.76 $290.40 $387.20 1/1/2023 12/31/2026 $80.00 0% 0% 0% Jessica Padilla Bowen, Sr. Associate $207.90 $272.25 $363.00 $75.00 0% 0% 0% 1/1/2023 12/31/2026 helma Herrera, Sr. Project Manage $207.90 $272.25 $363.00 $75.00 0% 0% 0% 1/1/2023 12/31/2026 Xavier Sibaja, Project Mgr $166.00 $199.65 $266.20 $60.00 0% 0% 0% 1/1/2023 12/31/2026 Ruthann Pearlman, Project Assoc. $ 138.60 $108.90 $145.20 $50.00 0% 0% 0% 1/1/2023 12/31/2026 0% 0% 0% Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA) ❑ Prime Consultant ® Subconsultant Project No. Contract No. Date 01/24/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD Mile IRS Rate $ Outside Printing and Meeting Support Supplies TBD $ $ At cost Permit Fees $ $ At cost Plan Sheets $ $ Test $ $ Vehicle $ $ At rental cost Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal fonnat shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Katherine Padilla & Associates (KPA), Inc Name: Title* President Signature : Date of Certification (mm/dd/yyyy): 10/21/2021 Email: kpadilla@katherinepadilla.com Phone Number: 626 818 3324 Address: 787 Merrett Drive, Pasadena CA 91104 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is Community Outreach under the proposed contract: Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhihit 10-01 Consultant Proposal DBE Committueni EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency' City of Santa Ana 2. Contract DBE Goal: 8% 3. Project Description: On -Call Environmental Consulting Services (RFP No. 21-105 4. Project Locatioir Santa Ana, California 5. Consultant's Name: ECORP Consulting,Inc_ 6. Prime Certified DBE. 7. Description Of Work, Service, or Materials S. DBE Certification 9. DGE Contact Information 10. DBE % Supplied Number KPA - Public Outreach 31503 Katherine Padilla Ortanex - 797 Merrett Drive, 1% Pasadena, CA 91104, (626) 818-3324 Civil Works - Hydrology/Water quality Studies. Water Assessment Studies, and Utility/Sewer 35719 Marie Marston - 3151 Airway Ave, Suite T-1 7% Costa Mega, CQA 926Z6, (714) 966-9060 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED ❑6E PARTICIPATION $.00 °Io 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation IMPORTANT: Identify all DBE firms being claimed for Credit, Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. regardles tier. Wdtte nfirmat' n of ch listed DBE is require . 10/20/2021 12. Preparer's Signature 13. Date Brant Brechbie1 (714) 648-0630 14. Preparees Name 15. Phone Vice President/CCO 16. Preparer's Title DISTRIBt1TION Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities. tills document Is available in alternate formats. Far inEormaticn call (816) 654-5410 or TOE] (915) 654- 38a0 or write Records and Forms Management, 1120 N Street. MS-B9, Sacramento. CA 95814. LPP 18-01 Page 1 of 2 January 2019 EXHIBIT 4 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of March, 2023 by and between Tetra Tech, 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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in REP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 10 #256568vl invoice evidencing work performed, subject to City accounting procedures. 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 March 21 2023 for a three (3) year term and end on March 20, 2026, with the option for the City to grant up to two (2), 1-year extensions, 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 contractor 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. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. Page 2 of 10 #256568vl b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary Page 3 of 10 #256568vl coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 4 of 10 #256568vl (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity 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 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' Page 5 of 10 #256568vl 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 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 Page 6 of 10 #256568vl 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. 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 Page 7 of 10 #256568vl 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 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: Jennifer L. Hall Clerk of the City Council 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #256568vl To Consultant: Mike Koester, CHMM, REP Vice President Tetra Tech, Inc., 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614 Fax: 949.809.5010 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 #256568vl SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND TETRA TECH, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Jo an T. Martinez Mike Koester ssistant City Attorney Vice President Tetra Tech, Inc. RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency Page 10 of 10 #256568vl EXHIBIT A SCOPE OF SERVICES EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 Page Al-1 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 EXHIBIT B COMPENSATION Consultant's Fee Proposal EXHIBIT B TETRA TECH, INC. SCHEDULE OF HOURLY RATES CLASSIFICATION Eng/Sci/Planner Technician 1 $35.00 Eng/Sci/Planner Technician 11 $45.00 Eng/Sci/Planner Technician 111 $53.00 Eng/Sci/Planner Technician IV $63.00 Eng/Sci/Planner Staff 1 $70.00 Eng/Sci/Planner Staff II $80.00 Eng/Sci/Planner Staff III $90.00 Eng/Sci/Planner Staff IV $100.00 Eng/Sci/Planner Staff V $110.00 Eng/Sci/Planner Staff VI $120.00 Eng/Sci/Planner Staff VI $130.00 Eng/Sci/Planner Staff VIII $140.00 Eng/Sci/Planner Senior Staff 1 $150.00 Eng/Sci/Planner Senior Staff 11 $160.00 Eng/Sci/Planner Senior Staff 111 $170.00 Eng/Sci/Planner Senior Staff IV $180.00 Eng/Sci/Planner Manager 1 $190.00 Eng/Sci/Planner Manager II $199.00 rSenlorConsultantl $215.00 r Consultant II $230.00 r Consultant 111 $245.00 Principal 1 $260.00 Principal II $275.00 Principal 111 $290.00 GIS Designers / Drafters GIS / Design Staff 1 $70.00 GIS / Design Staff 11 $82.00 GIS / Design Staff 111 $97.00 GIS / Design Staff IV $110.00 GIS / Design Staff V $120.00 GIS / Design Staff VI $135.00 GIS / Design Manager 1 $150.00 SupportFinancial Project Support Services 1 $63.00 Project Support Services II $72.00 Project Support Services III $86.00 Project Support Services IV $97.00 Project Support Services V $107.00 Project Support Services VI $118.00 Project Support Services VII $130.00 Project Support Services VIII $142.00 Project Support Services Manager 1 $155.00 Project Support Services Manager II $169.00 Rates are good through 2021 only and are subject to annual escalation thereafter. Rates include direct labor, overhead, G&A, and fee. Expert Witness Testimony will be charged at standard rates plus 25% All other direct costs and subcontract costs will be charged at cost plus 10% . EXHIBIT 5 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 7th day of March, 2023 by and between Dudek ("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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in REP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 40 #256568vl 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. 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 March 7, 2023 for a three (3) year term and end on March 6, 2026, with the option for the City to grant up to two (2), 1-year extensions, 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 contractor 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. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In Page 2 of 10 #256568vl addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Page 3 of 10 #256568vl (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 4 of 10 #256568vl (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity 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 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' Page 5 of 10 #256568vl 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 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 Page 6 of 10 #256568vl 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. 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 Page 7 of 10 #256568vl 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 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: Jennifer L. Hall Clerk of the City Council 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #256568vl To Consultant: Joseph Monaco President & CEO Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Fax: 949.450.2525 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 #256568vl DocuSign Envelope ID: 60B859FE-A779-4CCB-B282-B98F6EA87CC7 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND DUDEK IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: � DocuSigned by: St fL h6V aCb `61A1 C SF 8F42F... Josep on President & CEO of Dudek Page 40 of 40 #256568vl EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 Page Al-1 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) _ 1r PROPOSAL � i► y3~ . _4: - •mmm"m 1� ON -CALL ENVIRONMENTAL SERVICES CITY OF SANTA ANA OCTOBER 21, 2021 27372 Calle Arroyo / San Juan Capistrano, CA 92675 / 949.450.2525 D V D E K STATEMENT OF QUALIFICATIONS Cover Letter October 21, 2021 City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: On -Call Environmental Services RFP# 21-105 Dear Mr. Thomas, Providing the City of Santa Ana (City) with successful environmental consulting services requires an understanding of local regulatory compliance and resource issues —an understanding used thoughtfully and precisely to balance concurrent environmental analyses and project reviews. Dudek has provided environmental services throughout Orange County (County) for more than 20 years. We propose our full breadth of services for all three areas listed in this Request for Proposals (RFP), (i.e., 1) Environmental Services, 2) Technical Studies, and 3) Staffing Services). As an on -call consultant, we offer the City the following strengths: Recognized On -Call Experts with Local Experience. We specialize in providing on -call environmental and planning services to California municipalities. Locally, we hold on -call contracts with the County and the Cities of Irvine, Anaheim, and San Clemente. We will provide the City's decision makers with the necessary information to comprehend each development application and work seamlessly with City staff to process all sizes and types of projects. Dudek has successfully completed more than 3,200 California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and state and federal environmental regulation documents for projects throughout California. We will leverage our in-house technical experts when producing the required technical reports to save the City time and money. Responsive Project Management. Project Manager Rachel Struglia, PhD, AICP has prepared numerous CEQA documents for both municipal and private projects. Her experience and local knowledge will allow her to prepare environmental documents that meet City standards and expectations. She will manage this project from our office in San Juan Capistrano, with support from our Encinitas and Pasadena offices. Diverse Technical Specialties. As a midsized firm, Dudek is small enough for project managers to make nimble decisions, quickly draw from our pool of technical resources, and stay engaged with you from start to finish. But we are large enough that our diverse staff can tackle a spectrum of environmental and planning challenges. Team leaders can quickly mobilize the right technical experts for a project, drawing from a deep bench of professionals is available for this contract. Our analysts On -Call Environmental Services RFP# 21-105 DUDEK conduct research and other tasks supervised by senior staff, providing a cost-effective approach while maintaining high -quality products. In addition, Dudek can assist the City with various grant opportunities to secure project funding. We look forward to continuing our productive working relationship with the City. If you have any questions, please contact Dr. Struglia at 949.373.8318 or rstruglia@dudek.com. This proposal is valid for 180 days after submission. Sincerely, o h Monaco Rachel Struglia President and CEO Project Manager jmonaco@dudek.com rstruglia@dudek.com Joseph Monaco is authorized to sign on behalf of Dudek. Contract Agreement Statement Dudek has reviewed the City's Attachment 2 Sample Agreement included in the RFP and we concur with the provisions contained therein if selected. Dudek proposes the following suggested changes to the contract: Section 9: Dudek requests the following sentence be added to the end of paragraph: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." Firm and Team Experience Dudek at a Glance The Dudek Advantage Dudek assists municipalities on a broad range of projects that improve California's communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. We have a long history of providing environmental services to municipalities in Orange County (County) and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation. With more than 70 successful on -call Southern California municipal contracts, Dudek has built a reputation for providing ■ Multidisciplinary environmental and engineering services ■ 700+ employees ■ 16 offices ■ Founded in 1980; employee -owned ■ Top 125 U.S. Environmental Firms (Engineering News -Record) ■ 92% rating for reliability, timeliness, and responsiveness (Dun & Bradstreet, 2016) ■ More than 160 on -call environmental contracts throughout California On -Call Environmental Services RFP# 21-105 DUDEK exemplary supplementary environmental, planning, regulatory, engineering, construction management, operations, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals. Dudek's project managers are empowered to make nimble decisions and quickly draw from our pool of technical experts, including the following: ■ California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) specialists ■ Land use planners certified by the American Institute of Certified Planners ■ California Department of Fish and Wildlife (CDFW)- and U.S. Fish and Wildlife (USFWS)-certified biologists ■ Registered professional archaeologists ■ Registered landscape architects ■ Certified arborists and foresters ■ Noise and air quality specialists ■ Certified geographic information system (GIS) professionals • Certified hydrogeologists ■ Licensed geologists ■ Licensed professional engineers ■ Licensed contractors Dudek Services ■ Agency Permitting ■ Biological Surveys and Monitoring ■ CEQA/NEPA Compliance ■ Coastal Planning/Permitting ■ Cultural Resources ■ Civil Engineering ■ Construction Management ■ Environmental Planning ■ Habitat Restoration and Management ■ Hazardous Materials Testing ■ Hydrology ■ Urban Forestry ■ Wildfire Protection Planning ■ Water Conservation Planning ■ Water Infrastructure Planning and Design We will expand the City's ability to tackle more projects with our skilled staff and will expedite complex project processing by leveraging our long-standing relationships with regulatory agencies. We will integrate into your team in the most seamless and productive way possible, mobilizing specialized technical professionals quickly to meet City project needs. Environmental Services CEQA/NEPA Dudek has one of California's largest, most experienced teams for CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,200 CEQA/NEPA documents for a variety of large and small development, restoration, and conservation projects throughout the state. Dudek's environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints. We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical publications editors and graphic designers to prepare high -quality documents that are clearly organized and easily interpreted by the public, agencies, and individuals responsible for future project development. On -Call Environmental Services RFP# 21-105 3 DUDEK We efficiently coordinate and prepare reports by utilizing our in-house technical experts. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Technical Studies Historical Resources Assessments Dudek's built environment team is led by experienced architectural historians and historic preservation experts specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the California Register of Historical Resources, and local -level evaluation criteria and integrity requirements. Our team has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles, including private residential, commercial, transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a variety of engineering structures and water conveyance resources. They also provided expertise on numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings. Cultural and Tribal Cultural Resources Studies Dudek's cultural resources staff have more than 20 years' experience directing and executing all phases of cultural resources investigations, including surveys, significance determinations, and data recovery mitigation programs. Our professionals have the expertise and capability to fulfill on -call services of any scope and size in any jurisdiction. Their capabilities include constraints/feasibility analyses, literature overviews and archival research, predictive modeling, field inventories, archaeological sampling, significance and eligibility evaluations, data recovery, monitoring and compliance oversight, mitigation implementation, historical studies, landscape studies, Native American consultation and ethnography, preservation planning, custom GIS-based data management applications, and CEQA/National Historic Preservation Act documentation. Biological Resources Assessments Dudek's biologists work and consult regularly with the USFWS, U.S. Army Corps of Engineers, CDFW, and Regional Water Quality Control Board to obtain project -specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany, mammalogy, herpetology, entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat and wetlands restoration. Our biological team has surveyed and tracked wildlife movement throughout the County. We have state and federal permits for surveying, banding, and trapping numerous threatened or endangered wildlife species, listed plant species, and many other species. Our biologists also have extensive experience with a range of listed and unlisted special -status plant species. Air Quality and Greenhouse Gas Emissions Studies Dudek environmental planners and engineers have prepared air quality impact analyses for construction and operation of facilities and public infrastructure projects throughout California. Dudek is familiar with the California Emissions Estimator Model (CaIEEMod) and tailors significance conclusions On -Call Environmental Services RFP# 21-105 4 DUDEK to meet the needs of the lead agency. In tune with regulatory changes, Dudek develops and refines appropriate approaches to global climate change analysis. Noise Impact Studies Dudek guides land developers, engineers, architects, and public agencies through noise -control regulation compliance to cost-effectively plan technically sound acoustic designs into their projects. Dudek acousticians conduct noise assessment studies and design effective mitigation or control strategies; assist with criteria selection and design solutions for noisy construction and operational equipment during project planning; and assist with all types of architectural acoustics. Specific areas of expertise include CEQA/NEPA environmental noise studies; environmental/community noise and vibration studies; and mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendations. Hazardous Materials and Environmental Site Assessments Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential environmental/hazardous waste liabilities associated with project sites. We also prepare reports outlining the presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations. We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank removals and in -field hazardous materials removal. Hydrogeology and Water Quality Studies The Dudek team performs hydrologic, hydraulic, and water quality analysis to support a broad range of permitting efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits. Dudek engineers, hydrologists, hydrogeologists, landscape architects, and planners provide proven and complete stormwater, surface water, and groundwater quality resource services in house. This allows the Dudek team to coordinate planning, design, and project implementation in a timely and cost- effective manner. Dudek hydrogeologists can assist with development of project design features; water quality impact assessment; and conformance with state, regional, and local regulations. Dudek is familiar with local water quality parameters and understands the relevance of applicable regional, state, and federal regulations. Urban Forestry and Arborist Studies Our urban forestry team is one of the most diverse and experienced in the state. We have decades of experience working throughout California on various street tree and urban forest projects. We also have extensive experience assisting municipalities with on -call arboricultural consulting and technical services to augment staff expertise or provide additional support. Our urban forestry and arboriculture professionals' varied backgrounds and expertise provide a well-rounded perspective and proven techniques for urban forest assessment, mapping, and management. We also offer fire protection planning expertise to augment our forest management assessments and planning. We analyze project impacts to native oak trees, stands, and woodlands; determine which trees can be preserved and which will require removal; and develop ecologically sensitive oak mitigation plans. Additionally, we have extensive experience creating and/or reviewing oak- and scrub oak -related arborists' reports. On -Call Environmental Services RFP# 21-105 5 DUDEK Water Supply Assessments and Utility/Sewer Studies Dudek will evaluate potential impacts to public services and utilities, and we will estimate any increases in water supply demand, wastewater generation, solid waste generation, and public service demands, utilizing available projection factors, infrastructure master plan documents, urban water management plans, or other existing documentation, as well as personal communication with these organizations. Transportation Planning and Traffic Studies Successful transportation planning, assessment, and design require in-depth understanding of evolving technology and an ever -changing regulatory landscape. Our certified transportation planners and professional engineers understand the latest transportation regulations, and implement best practices to help you develop or adapt projects to maximize your budgets and minimize potential impacts. We provide technical transportation planning, traffic impact assessment, engineering design, CEQA and NEPA expertise, quantifying project effects using the appropriate metrics and methods for project -specific concerns. We help you tackle short- and long-term transportation challenges, whether they relate to capital projects, programs, or long-range plans. We prepare vehicle miles traveled (VMT) analysis per Senate Bill 743 and the recently updated CEQA guidelines, as well as, determine appropriate significance criteria for transportation impacts. Dudek's transportation staff utilizes region and project specific analysis methodologies including travel demand models (i.e., trip based model, tour based models), sketch models (i.e., CaIEEMod, Sketch 7, UrbanFootprint, MXD), and spreadsheet Transportation Specialities ■ Multi -Model Planning Analyses ■ Complete Streets Consultation ■ General Plan/Master Plan Studies ■ Specific Plan Studies ■ Traffic Planning/Operations Studies ■ Site Access and Circulation Studies ■ Traffic Signal Design ■ Traffic Singing and Stripping Design ■ Construction Zone Traffic Control Plans ■ Preliminary/Conceptual Engineering ■ Parking Design and Planning models (i.e., VMT calculator, VMT estimator); research into regional or local transportation plans and policies; and, trip characteristic data and travel surveys (e.g., California Household Travel Survey), to calculate and estimate VMT. For significant VMT impacts found, Dudek can identify feasible mitigation measures such as Transportation Demand Management strategies (e.g., land use/location, site enhancements, parking policies, commute trip reductions programs) that could reduce VMT to meet regional goals or standards. Our experienced in-house transportation and air quality experts work hand - in -hand to guide projects through VMT analysis under Senate Bill 743, saving our clients time and money by providing multiple services under one roof. Our transportation planners and engineers also assess traffic operations to verify efficient and safe mobility for all modes of motorized and non -motorized travel. Dudek uses the Highway Capacity Manual and Intersection Utilization Capacity (ICU) methodologies to analyze traffic operations on street networks. In addition, Dudek provides analysis of site access and circulation design as well as adequacy of on -site parking through parking demand studies. Further supporting our transportation efforts is CR Associates (CRA). CRA has established itself over the past 10 years as a trusted transportation planning and engineering firm that is committed to planning transportation systems and identifying mobility improvements that create and support vibrant and sustainable communities. They have consistently demonstrated expertise in conducting accurate On -Call Environmental Services RFP# 21-105 6 DUDEK analyses and evaluations, and in making the critical decisions required to move projects and plans forward with successful resolution of key issues. CRA provides a fully multimodal approach, building upon the multi -dimensional experiences of its staff, along with its dedication to serving the full range of client needs. Additionally, they have delivered numerous active transportation plans, multimodal mobility studies, and circulation elements to jurisdictions and communities across the Southwest United States. Grant Writing and Support, Grant Funding Research, and Proposal Development Dudek's grant writing experts assist agencies in identifying appropriate grant opportunities for their projects. Using a targeted approach, we analyze project objectives, match goals to opportunities, and employ a "writing -to -win" approach. We understand that successful grant funding consists of two-thirds planning and one-third writing. We assist with fund disbursement and reporting compliance, allowing our clients to focus on project implementation, while we complete administrative tasks. Our team provides a full range of grant administration services, including developing project- and grant/loan-specific templates and forms; generating materials packages and documents for agency review and processing; negotiating favorable grant terms and/or extensions, when needed; and coordinating with project proponents to submit necessary grant reimbursement materials. Our Team The Dudek team, as displayed in Figure 1, provides a strong background of local experience specifically applicable to the City's needs. All team members can commit substantial effort to the task when it is necessary for the success of a project. In the event that Project Manager, Dr. Struglia is not available for any reason, Patrick Cruz can be expected to assume the role of Dudek point of contact. In addition to our team's firm -wide experience, each member of our proposed project team has expertise that will facilitate knowledgeable and thorough work for all project tasks. Table 1 provides a brief biography for each key team member, and full resumes for the entire team can be found in Appendix A. On -Call Environmental Services RFP# 21-105 DUDEK Figure 1. Dudek Team Organization PROJECT MANAGEMENT Project Manager Rachel Struglia, PhD, AICP TASK LEADERS Environmental Task Lead Environmental Task Lead Environmental Task Lead Natalie Smith Alex Hardy Patrick Cruz Environmental Task Lead Transportation/Caltrans Andrew Talbert, AICP Lead Jason Reynolds PROJECT TEAM Aesthetics Geology, Soils, Mineral Noise Urban Forestry Josh Saunders, AICP Resources, Paleontology Mark Storm, INCE Bd. Cart. Michael Huff Eric Schniewind Air Quality, Greenhouse Michael Williams, PhD Population and Housing, Wildfire Gas Emissions, Energy, Recreation, Public Services Dana Link -Herrera Health Risk Assessments Hazards and Hazardous Hayley Ward Jennifer Reed Materials Grant Writing Glenna McMahon, PE, CEM Transportation Jane Gray Biological Resources Dennis Pascua Tommy Molioo Hydrology and Water Charles Greely, PE Outreach Cultural Resources Quality Eric Schniewind CRAssociates* Katherine Padilla and Associates* Adam Giacinto, RPA Land Use and Planning Utilities and Service Built Environment Hayley Ward y y Systems Hayley Ward Sarah Corder, MFA * DBE Subcorsultants Table 1. Key Personnel Qualifications Rachel Struglia, PhD, AICP, Project Manager Availability: 50% University of California, Irvine PhD, Environmental Analysis and Design Arizona State University MS, Justice Studies Rachel Struglia is a principal and project manager with 23 years' experience preparing California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) documents in both the public and private sectors. Dr. Struglia is experienced in managing CEQA documents for large infrastructure projects and has completed program environmental impact reports (PEIRs) for On -Call Environmental Services RFP# 21-105 8 DUDEK Table 1. Key Personnel Qualifications University of Connecticut BA, Anthropology University of California, Riverside, Extension Certificate in Educational Facilities Planning American Institute of Certified Planners (AICP) Metropolitan Water District, Orange County Sanitation District, Riverside County Community College District, North Orange County Community College District, and Coast Community College District (CCCD). She has also managed general plan environmental impact reports (EIRs) and specific plans, as well as infill, residential, commercial, industrial, and school EIR projects. Dr. Struglia leads Dudek's CEQA practice in Orange County and has the role of statewide water sector leader. In this role, Dr. Struglia focuses on infill development, retail redevelopment projects, school projects, and water infrastructure projects, including regional conveyance and groundwater recharge projects, recycled water projects, and water treatment projects. Natalie Smith, Duke University MEM, Natalie Smith is a senior environmental project Environmental Task Environmental manager with 20 years' experience throughout the Leader Leadership 2013 southwestern United States, Australia, and the Availability: 60% Manchester South Pacific Islands. She has extensive Metropolitan University, experience working on a broad range of complex Institute of Place in and highly controversial environmental issues, Management specializing in water/wastewater infrastructure, Certificate, Place environmental compliance, and natural resource Management. 2013. management in the private, public and non-profit Duke University, sectors. Ms. Smith has worked alongside Executive Education engineers to determine project feasibility and cost, Program Certificate, formulate project alternatives, conduct NEPA. 2011 environmental review, and secure permits for a variety of capital improvement, infrastructure, and New Mexico Institute of resource management projects. She has prepared Mining and Technology and managed complex multidisciplinary technical BS, Environmental analyses in compliance with the CEQA, NEPA, Science with Biology FERC, CERCLA, RCRA, the federal and California CITI Certification for Endangered Species Acts, Section 401, 402, and Protection of Human 404 of the Clean Water Act, Sections 10 and 14 of Research Subjects, the Rivers and Harbors Act, Safe Drinking Water 2014 Act, and other state and federal regulations. Australian Institute of Petroleum Certification Alex Hardy, San Francisco State Alex Hardy is an environmental project manager Environmental Task University with 17 years' experience as a researcher and Leader MA, History author, project manager, program manager, Availability: 40% (Environmental and quality -control reviewer, and strategy advisor. Mr. Urban History Hardy has extensive experience preparing the full emphasis) spectrum of the CEQA documents for local On -Call Environmental Services RFP# 21-105 9 DUDEK Table 1. Key Personnel Qualifications University of California, Berkeley BA, History Patrick Cruz, University of California, Environmental Task Santa Barbara Leader BA, Environmental Availability:60% Studies BA, Geography (GIS emphasis) Andrew Talbert, AICP, University of California, Environmental Task San Diego Leader BA, Environmental Availability: 40% Systems Policy American Institute of Certified Planners (AICP) Jason Reynolds, California Polytechnic Transportation/Caltrans State University, San Task Lead Luis Obispo Availability: 30% BS, City and Regional Planning, jurisdictions, public agencies, and private developers. Mr. Hardy has served as environmental program manager and task order manager for the San Diego County Water Authority, working on all aspects of environmental review and compliance with that organization's Water Resources Division. He has also overseen environmental review for various utility projects, including electrical transmission upgrades, pipeline work, and water wells for San Diego Gas and Electric and the City of Vista, as well as the Otay Water District. Patrick Cruz is an environmental analyst with a strong foundation in urban and regional planning and CEQA/NEPA compliance. Mr. Cruz specializes in environmental impact analysis and provides analytical support and project management assistance to senior staff for a variety of projects throughout Southern California. He has experience with both public and private projects ranging from education projects specific plans, development projects, renewable energy development, and water and wastewater infrastructure Andrew Talbert is an environmental planner with 7 years' experience in environmental analysis and the application of CEQA/NEPA through the preparation of environmental documentation. Mr. Talbert has served as project manager and primary author for environmental documents for numerous projects throughout San Diego County and Southern California. Clients consist of public and private entities, and project experience includes residential Specific Plans, development projects, transportation improvements, and water and wastewater infrastructure Jason Reynolds is Dudek's Transportation Sector Market Leader and a Senior CEQA/NEPA Project Manager with 25 years' experience with environmental management for transportation systems. Mr. Reynolds' experience includes conducting and managing joint CEQA/NEPA based delivery across a broad range of project types at differing scales and complexities. He has a diverse range of project experience, including local roadway improvements, interchanges, grade seaarations. bridaes. freewav deckina/caoaina. bus On -Call Environmental Services RFP# 21-105 10 DUDEK Table 1. Key Personnel Qualifications Name/Role Certifications rapid transit (BRT), light rail, passenger rail, high- speed rail, and major transportation corridors. Mr. Reynolds successfully guides projects from inception, through the bid and award process, into construction. In addition, Mr. Reynolds is knowledgeable about all Caltrans policies and procedures, as a former District 11 Environmental Division Branch Chief with 9 years' experience working for Caltrans. He has applied his institutional knowledge and understandings of the Caltrans project development process to leverage and facilitate delivery of comprehensive services on numerous related projects. Phuong Nguyen, PE, San Diego State Phuong Nguyen has 14 years of experience Traffic Consultant University providing engineering services to the transportation Availability: 35% BS, Civil Engineering industry. He has been responsible for project and task management on a number of efforts ranging from parking plans, traffic operations, micro - simulation, peer review, and transportation impact analysis to conceptual engineering. Phuong is very experienced in the application of transportation planning and traffic engineering analysis software, such as VISSIM, Synchro/Si mTraffic,Vistro, Traffix, Highway Capacity Software (HCS), Complete Street Level of Service (CSLOS), Rodel Roundabouts, and SANDAG MXD method & tool for Smart Growth Trip Generation. Jessica Padilla Bowen, San Diego State Ms. Padilla Bowen joined KPA in 2020, bringing Outreach University, San Diego with her more than 20 years of experience in Availability: 25% Master of Public government and nonprofit communication. She Administration spent 15 years working in communication for the Occidental College, Los City of Carlsbad serving various departments Angeles including Community & Economic Development, Public Works, Library & Cultural Arts and more. BA, Theater & She also served as Public Information Officer in the Economics City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print and radio interviews. On -Call Environmental Services RFP# 21-105 11 DUDEK Understanding of Need Dudek has an effective and proven project approach. We manage projects to meet client and technical needs, using sound science and engineering principles, a focus on data quality, and careful management of budget and schedule milestones. Our approach to this, and every, project begins with solid project management and quality assurance/quality control processes. Our focus on these central tenets to performing environmental work has guided our expert technical project support for the past four decades. Project Management Approach The primary aspects of Dudek's approach to project management include communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls, and predicting and avoiding risk. Dudek prides itself on also integrating a fundamental focus on high -quality work, optimized resource allocation, sub -service provider management, and change management, as well as maintaining focus towards meeting both client and project goals and objectives. The following sections describe the Dudek project management approach. Our approach focuses on the following five main components: ■ Project planning ■ Communication ■ Project execution ■ Project control ■ Quality control The Dudek team is experienced in applying an adaptive management approach to adjust the level of detail or use of specific project management techniques and tools as necessary on as -needed task assignments. Project Planning Planning is a critical step in the successful management of every project. Dudek project managers begin the planning stage during the development of the project/task proposal and continue applying an adaptive approach throughout project execution. Planning considerations include the following: ■ Clarifying the project requirements and confirming the project goals and outcomes ■ Communicating with the client, project stakeholders, and the sub -service provider team ■ Iteratively estimating and refining resource requirements, level of effort, and cost ■ Monitoring project budget and schedule ■ Integrating quality standards at each project stage The Dudek approach applies these planning concepts throughout the project life cycle. Communication The most -effective project manager is one who facilitates the continual flow of information, data, instructions, and guidance among the City, Dudek team members, and sub -service providers. When On -Call Environmental Services RFP# 21-105 12 DUDEK maintaining this flow, we use resources efficiently and minimize wasteful rework. We achieve constant communication through: ■ Regularly calling or emailing the City's key contact staff person to discuss project milestones, activities, and potential issues ■ Regularly discussing the project with key project staff to coordinate work efforts, monitor task completion, and review budget conformance; Dudek's key staff have worked together closely for more than 10 years ■ Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules ■ Meeting with City staff at design milestones and other strategic junctures ■ Diligently documenting issues, action items, and decisions Project Execution The structure and flexibility of the Dudek team provides the ability to adapt resources and the execution approach to meet project needs throughout the project life cycle. The Dudek project execution approach is based on applying a common understanding of the goals and objectives to project -related decision making. Key aspects of the Dudek approach include identification of logistical, environmental, and regulatory factors with potential project impacts; evaluation and communication of critical issues; and focus on quality data collection, analysis, and reporting. Project Controls Dudek's project managers monitor and control the project budget, schedule, and quality using a suite of tools from project inception to completion. Dudek project tools include real-time project budget management, schedule management software, and quality assurance/quality control checks. As the project advances, our project manager communicates with the team on a regular basis to evaluate project resource requirements, budget, and schedule. Quality Control Document Production Dudek's editorial team will work closely with our project manager to apply the highest standards of quality to all deliverables. For a typical Dudek work product, the following process will be used: ■ Technical Review. An appropriate technical reviewer will be assigned to all written work products. This step in the review process is focused on the legal adequacy and technical accuracy of all deliverables, and multiple reviewers may be used depending on the complexity of the document. ■ Editorial Review. Once the technical review is complete, Dudek editors will conduct an editorial review of deliverables. Prior to submittal to the City, each document will be formatted by Dudek's publications staff. ■ Document Production. Dudek's publications production team verifies the quality of each formatted document before publication. Dudek's editorial team, in collaboration with the publications and information technology (IT) staffs, will produce and publish the Web versions of project deliverables. On -Call Environmental Services RFP# 21-105 13 DUDEK The Dudek team understands and will leverage our experience regarding the unique requirements of the City's On -Call Environmental Services contract, including the need for customized, comprehensive, and flexible capabilities that are responsive to any task order needs. We recognize the services could be applicable to any stage of the project development process, from concept development to construction compliance/post-construction restoration. Dudek also understands the services are likely to include both direct project implementation along with oversight and review responsibilities. The Dudek team's diversity matches those needs in an unprecedented manner, including highly skilled and experienced practitioners. Field Methods Steps will be taken in the field, office, and laboratory to ensure that data are transferred accurately from collection to analysis to reporting. Sample documentation, including labeling and chain -of -custody forms, will be completed to ensure that data are transferred accurately to the laboratory, as applicable. Notes will be taken in the field to double check chain -of -custody forms for accuracy. Laboratory reports will be checked for completeness. Final laboratory reports will be reviewed by the laboratory quality assurance manager or laboratory project manager for errors before release. GIS Data Methods Data collected or received by Dudek are cataloged in a master data intake database that is stored in a commonly accessible network location with other spatially related files and metadata files for management/control according to Dudek's policy for GIS project data organization. Electronic deliverable data and data tables will be checked against the hard copy laboratory reports. All spatial data received will be reviewed for metadata and verified visually. Dudek -generated data will undergo quality control checks for completeness, accuracy, and precision, as well as appropriate metadata completeness. Given our mid -size company make-up Dudek possesses the breadth and depth of resources necessary to fulfill the City's contract demands, while also having a unique and balanced ability to adapt to any potential circumstances that may arise during the life of the contract. The Dudek team is able to and will rapidly respond to, mobilize, and implement any of Santa Ana's project/program delivery objectives, and we are excited to be working in partnership with the City as part of this contract. To further support Santa Ana's on -call environmental needs, we have also carefully selected a diverse team of subconsultants that share our passion for high quality, consistent, timely, and on -budget program delivery. Our contract history with each of our teaming partners will allow for a seamless and fully integrated consultant team that the City can confidently rely upon. Relevant Project Experience Table 2 provides a list of on -call environmental service contracts that Dudek has begun or completed within the past 5 years, including significant work with public agencies. Following the table, project descriptions detail selected completed work and client contact information. On -Call Environmental Services RFP# 21-105 14 DUDEK Table 2. Southern California Environmental and Technical Services Contracts City of Anaheim As -Needed Environmental Services City of Carlsbad As -Needed Environmental Planning Services City of Chula Vista As -Needed Environmental Services City of Corona As -Needed Engineering and Environmental City of Covina As -Needed Environmental Services City of Fontana As -Needed Environmental Services City of Glendora As -Needed Environmental Services City of Irvine As -Needed Professional Consulting Services City of Los Angeles As -Needed CEQA/NEPA Documentation and Environmental Services City of Los Angeles On -Call Environmental Services City of Los Angeles On -Call Environmental Assessment and Air Quality Services City of Rancho Santa Margarita On -Call Environmental Review Consulting City of San Clemente On -Call Environmental Services City of San Diego As -Needed Environmental Services City of San Diego As -Needed Planning Services City of San Diego As -Needed Watershed and Resource Protection City of San Diego As -Needed Archaeological Monitoring and Cultural Services City of Vista As -Needed Environmental Consulting City of Yucaipa On Call Professional Environmental Services County of Los Angeles On -Call Environmental Services (Infrastructure) County of Los Angeles On -Call Environmental Services (Water Resources) County of Los Angeles On -Call Environmental Services (Federal Projects) County of Orange As -Needed Restoration Services County of Orange On -Call Environmental Services, Planning, and Regulatory Permitting County of Orange On -Call Regulatory Permitting Services County of San Bernardino On -Call Environmental Services for Operation and Maintenance County of San Bernardino On -Call Biological Services County of San Diego As -Needed Environmental Consulting Services County of Santa Barbara On -Call Archaeological Services On -Call Environmental Services RFP# 21-105 15 DUDEK Table 2. Southern California Environmental and Technical Services Contracts Orange County Community Resources Contract I On -Call Environmental Services MWD of Southern California Orange County and San Bernardino Operation and Maintenance EIRs Port of San Diego As -Needed Planning, Environmental and Technical Services Port of San Diego As -Needed Environmental and Land Use Project Management Services Rancho Mission Viejo Company Habitat Conservation Plan Implementation Development Support San Diego Association of Governments (SANDAG) As -Needed Environmental Support Services for SANDAG SANDAG, Caltrans As -Needed Environmental Services San Diego County Water Authority As -Needed Environmental Services State of California As -Needed Southern California CEQA Services Notes: CEQA = California Environmental Quality Act; NEPA = National Environmental Policy Act; SANDAG = San Diego Association of Governments. Client and Contact: County of Los Angeles, Department of Public Works; Ed Dingman, 626.458.2593; edingman@dpw.lacounty.gov Completion Date: July 2018 Location: Los Angeles County, California Description: Dudek provides on -call environmental services for the Programs Development Division in support of transportation projects across the County's 2,650-square mile service area. Services include environmental document preparation pursuant to CEQA/NEPA; environmental planning; field resource services and activities (e.g., biological and cultural/tribal/archeological to comply with State and Federal laws); biological surveys and monitoring; certified arborist services, literature and electronic database reviews; technical studies (e.g., air quality, traffic, noise, climate change, water quality, aesthetics, etc.); feasibility studies, including biological technical assessments; public meetings; and document publications. Representative projects include the Woolsey Fire Guardrail Replacement Project, Mureau Road Bikeway and Road Improvements Project, and Palos Verdes Sewer Line Emergency Repair Project. On -Call Environmental Services RFP# 21-105 16 DUDEK Client and Contact: North County Transit District (NCTD), Bruce Smith (formerly with NCTD and now with SANDAG as Principal Engineer); bruce.smith@sandag.org; 619.699.1907 Completion Date: March 2016 Location: North San Diego County, California Description: Dudek provides on -call CEQA/NEPA services and full range of associated technical support services to NCTD. Services covered under this on -call can include preparation of environmental documents pursuant to CEQA and/or NEPA, undertaking surveys and technical reports either independently or in support of environmental documents, and providing compliance services to NCTD for ongoing construction and operations. Under the on -call contract Dudek has performed raptor nesting surveys and secured highest ratings on NCTD's evaluation forms for our services. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714.834.4000 Completion Date: June 2018 Location: Santa Ana, California Description: Under its existing on -call contract with Orange County Public Works, Dudek has provided effective mitigation planning and biological monitoring services for the Los Alamitos Pump Station, Talbert Nature Preserve South, Laguna Canyon, and Haster Basin Mitigation Projects. As the biological monitoring team during mitigation monitoring periods for these projects, Dudek was asked to evaluate ongoing problematic site conditions and provide effective adaptive management recommendations that would bring the mitigation into compliance with mitigation performance standards. Dudek has performed monitoring at Talbert Nature Preserve South, including comprehensive site investigations, soil sample collection, testing and analysis, surface hydrology evaluation, polyphagous shot hole borer infestation evaluation, and botanical monitoring. Dudek provided recommendations to the maintenance contractor through quarterly monitoring reports. Dudek identified significant site constraints that prevent target riparian habitat development and formed the basis for creative recommendations to achieve permit requirements, including a pilot project to test a new riparian mitigation approach in response to hyper soil salinity. Dudek is preparing annual reports and an annual assessment of progress toward mitigation goals. Dudek also designed and prepared a habitat management and monitoring plan and construction documents for the Edinger Bridge Replacement Project, which detailed implementation, monitoring, and maintenance for establishment of approximately 1.25 acres of native salt marsh at the Talbert Nature Preserve South. On -Call Environmental Services RFP# 21-105 17 DUDEK Client and Contact: City of Santa Ana, Suzi Furjanic, Associate Park Planner; sfurjanic@santa- ana.org; 714.667.2267 Completion Date: March 2020 Location: Santa Ana, California Description: Dudek was hired by the City of Santa Ana to develop a comprehensive rehabilitation plan for Centennial Park Lake and the area surrounding the lake. The goal of the rehabilitation project was to identify problems, and needs with the lake, lake equipment, the lake park area, park visitors, and lake maintenance. Dudek staff performed a comprehensive site analysis through a review of the lake as - built plans, right-of-way documents, existing utilities plans, soils and geologic information, and irrigation plans. In addition, Dudek staff visited the park to take a detailed survey and inventory of the equipment on -site and the operational status of each piece of equipment. Additionally, lake water and soil samples were taken and analyzed to assess the water quality and type of the subsurface lake liner. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714.834.4000 Completion Date: August 2021 Location: Orange, California Description: Dudek supported the County through the CEQA and Caltrans National Environmental Policy Act (NEPA) compliance process for this project. Dudek prepared a Mitigated Negative Declaration (MND), Preliminary Environmental Study checklist, and various technical studies to satisfy the Caltrans NEPA compliance process. The project involves the replacement of an existing bridge with a precast concrete bridge located 2.2 miles east of Santiago Canyon Road. Client and Contact: City of Anaheim Public Utilities Department; Jonathan Sanks, Environmental Services and Safety Manager; jsanks@anaheim.net; 714.765.4117 Completion Date: March 2021 Location: Anaheim, California Description: Dudek assisted the City of Anaheim Public Utilities Department with technical studies in support of CEQA for additional water treatment, production and distribution facilities at four sites in the City of Anaheim. The additional water treatment facilities included ion exchange treatment to remove PFAS from groundwater. The project included installation of water treatment facilities at the La Palma, Linda Vista, Boysen Park and Energy Field sites in the city. Dudek prepared an Air Quality and Greenhouse Gas Emissions Technical Memorandum, a Biological Resources Technical Memorandum, a Jurisdictional Delineation, an Archaeological Investigation Report, and a Noise Technical Report used in the City- prepared MND which was adopted in April 2021. On -Call Environmental Services RFP# 21-105 18 DUDEK Client and Contact: Orange County Department of Housing and Community Development; Julia Bidwell, Director, Housing & Community Development; julia.bidwell@occr.ocgov.com; 714.480.2991 Completion Date: November 2020 Location: Orange, California Description: Served as project manager. Conversion of a vacant four-story commercial building into a 60-unit affordable housing community for families including Permanent Supportive Housing units designed to accommodate households who meet the Mental Health Services Act eligibility criteria whom are experiencing homelessness. The project was partially funded using HUD project -based vouchers, requiring the project to undergo NEPA review. Prepared the HUD EA and managed Dudek's interdisciplinary team to ensure that all technical analyses met HUD requirements and all federal, state, and local regulations. The NEPA review was successfully completed in time for the project to receive HUD funding. Client and Contact: Orange County Sanitation District; Adam Nazaroff, Engineering Supervisor; anazaroff@ocsd.com; 714.962.2411 Completion Date: February 2021 Location: Fountain Valley, California Description: Dudek was contracted in 2019 by the Orange County Sanitation District to prepare a Program Environmental Impact Report (EIR) for the Sanitation District's 2017 Facilities Master Plan. The analysis covers projects included in a 20-year Capital Improvement Program to ensure that the Sanitation District can sustain its infrastructure, meet future regulatory requirements, and continue to provide a reliable service to the public. It is composed of projects necessary to upgrade, replace, and rehabilitate aging facilities across the Sanitation District's system in central and northern Orange County. These include facilities at Reclamation Plant No. 1 in Fountain Valley, Treatment Plant No. 2 in Huntington Beach, the sewer collection system, and improvements at various pump stations. The project area spans 15 cities as well as jurisdictional areas in the County of Orange. The EIR is a combined Program/Project EIR, including 30 projects that are assessed at the project level, 45 at the program level. An innovative aspect of the project is an interactive project map and a web -based approach to public scoping developed by Dudek. This EIR was certified in December 2020, and the first Notice of Determination under the Facilities Master Plan was filed in February 2021. On -Call Environmental Services RFP# 21-105 19 DUDEK References Table 3. Dudek Client References Orange County Adam Nazaroff, Engineering Sanitation District Supervisor; anazaroff@ocsd.com; 714-962-2411 Facilities Master Plan Program EIR Orange County Public James Volz, Project Manager; Ladd Canyon Bridge Replacement Project Works James.Volz@ocpw.ocgov.com; MND 714-834-4000 OCPW Habitat Creation, Restoration, and Enhancement Services Orange County Julia Bidwell, Director, Housing Cartwright Family Apartments HUD EA Department of Housing & Community Development; and Community julia.bidwell@occr.ocgov.com; Development 714.480.2991 On -Call Environmental Services RFP# 21-105 20 SCOPE OF SERVICES AND SCHEDULE CEQA/NEPA Documents In our 41-year history, Dudek has prepared more than 3,200 CEQA and NEPA documents. We have a wide range of experience preparing initial studies (ISs), negative declarations (NDs)/MNDs, and EIRs under CEQA as well as preparing Categorical Exclusions, environmental assessments, findings of no significant impact, and environmental impact statements (EISs) under NEPA. NDs/MNDs Task 1. Kickoff Immediately following authorization to proceed on a project, the Dudek project management team will conference with City staff to discuss existing information, information gaps, the schedule, and the project description. We will discuss the latest practices to be followed in the preparation of the NDs/MNDs. Following the kickoff meeting with City staff, we will provide meeting notes. The Dudek project manager will immediately mobilize our staff and subconsultants, and distribute appropriate information to the team on which to base the environmental analysis for the project. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for NDs and MNDs should not exceed 1 year in length from initial kickoff conference to Council consideration of the ND/MND unless specific complications or project changes arise. Our designated project manager and principal in charge will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. Preparation of the IS Dudek will prepare an IS that will either lead to the adoption of an ND or MND, or require preparation of an EIR. An administrative draft IS will be submitted for staff review prior to finalizing. We will initiate the preparation of an IS by first drafting a detailed project description. The project description is essential to demonstrate a common understanding of the project being analyzed in the IS. The project description will be prepared using the information gathered in Task 1. Developing an accurate baseline setting is essential to serve as the foundation for the environmental analyses. Following the collection and review of existing information and field surveys of the project area, we will synthesize the data into a detailed project description, accompanied by graphics and maps. We will submit a draft of the project description to the City for approval early in the process to verify that we share a common understanding of the project being evaluated. We understand that projects frequently change and develop, and are not always fully defined at the start of the environmental review process. Our staff will work closely with City staff to develop a working project description that provides maximum flexibility for the environmental analysis as we proceed through the environmental review process. On -Call Environmental Services RFP# 21-105 21 DUDEK The administrative draft IS will include an evaluation of all of the environmental resources contained in the CEQAAppendix G environmental checklist. The analysis of each of the environmental disciplines will contain an inventory of the existing conditions, analysis of impacts, identification of the magnitude of the impacts as compared to the baseline, and the level of significance for each environmental discipline, as appropriate. Dudek will work closely with City staff to identify mitigation measures, if necessary and where appropriate, that will minimize impacts to levels below significance thresholds. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies, or the synthesis of existing available studies to support the analysis. We will submit the administrative draft IS/ND or IS/MND to the City for review. Following the review of the document by City staff and the incorporation of any comments and revisions requested, we will prepare a public draft IS/ND or IS/MND for public review. Task 4. Transmittal of Public Review Draft IS/ND or IS/MND Dudek will make any final changes and revisions to the IS/ND or IS/MND as requested by City staff, and will reproduce and distribute the documents for public review. We will distribute the documents to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and notice of intent (NOI) to adopt an ND or MND. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also provide the City with electronic versions of the documents ready for web posting. Task 5. Public Meetings/Hearings The project manager and key technical staff, as applicable, will be available to attend all public meetings and hearings throughout the CEQA process. We will also be ready to prepare materials and presentations for these meetings. These may include public community meetings and City Planning Commission and Council hearings on the project. We will also be available for team coordination meetings with City staff throughout the project. Task 6. Final IS/ND or IS/MND Dudek will compile all comments received during the public review period, annotate the comments, and evaluate comments' relevance to addressing project impacts. While formal written responses to comments are not required for an ND or MND, prudent practice is to provide written responses for all IS/NDs and IS/MNDs. We will collaborate with City staff on appropriate strategies to consider the comments during the City Council deliberations on the project. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft IS/ND or IS/MND, Dudek will provide a technically sound, CEQA- compliant final IS/ND or IS/MND. The final IS/ND or IS/MND will include redline/strikeout text in an errata to the draft IS/ND or IS/MND. We will submit the administrative final IS/ND or IS/MND to the City for review. Following the review of the administrative final IS/ND or IS/MND by City staff and the incorporation of any comments and revisions requested by the City, we will provide hardcopies and CDs of the final IS/ND or IS/MND, inclusive of the comments and responses to comments, as directed by the City. On -Call Environmental Services RFP# 21-105 22 DUDEK Dudek will prepare a mitigation monitoring and report program for each proposed project that includes mitigation measures. The mitigation monitoring and report program will include all accepted mitigation measures, along with the following: the project period to which the measure applies (i.e., construction, operation, pre -/post -occupancy), future review or reporting requirements involved in a measure, the responsible party for implementing and enforcing the mitigation, requirements for monitoring by outside agencies, and monitoring and reporting frequency. Dudek will also compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. EIRs/EISs Task 1. Kickoff This task will be the same as outlined under Task 1 for NDs/MNDs. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for EIRs and EISs should not exceed 18 months in length from initial kickoff to City Council consideration of the Final EIR (or EIR/EIS), unless specific complexities or changes in the project description arise. Our designated project manager will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. NOP/NOI In the preparation of an EIR or EIR/EIS, the environmental documents only need to address potentially significant impacts. Thus, an IS may be used as part of the notice of preparation (NOP) or NOP/NOI process to narrow down the scope of the EIR or EIR/EIS to focus on pertinent issues of concern. Dudek will prepare an IS/NOP or IS/NOP/NOI (the latter if an EIS is required due to federal involvement) to initiate the environmental review process and to solicit comments from agencies, organizations, and interested individuals. The IS will be based on the environmental checklist in Appendix G of the CEQA Guidelines. We will submit the administrative draft IS/NOP or IS/NOP/NOI to the City (and the federal lead agency) for review. Task 4. Transmittal of the NOP or NOP/NOI Dudek will make any final changes and revisions to the IS/NOP or IS/NOP/NOI requested by City (and federal agency) staff, reproduce and distribute the documents for public review to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. We will also prepare the notice of completion (for State Clearinghouse involvement). Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also coordinate with federal agency staff for publication of the NOI in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions for posting to the City website. Following the review of the administrative draft EIR or EIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any final revisions and address any remaining comments as requested by the City (and potentially the federal lead agency). We will provide Spanish translations of the Executive Summary and any other summary documents (e.g., Readers Guide), which will be made available during public review. Padilla and Associates is on our team to assist with public outreach and Spanish translation of meeting notices. On -Call Environmental Services RFP# 21-105 23 DUDEK Task 5. Scoping Meeting Dudek will work with City staff to organize and participate in a scoping meeting to solicit public input on the scope of the EIR or EIR/EIS. We will work with City staff to determine the most appropriate format for the scoping meeting (i.e., open house or community presentation) and prepare all materials necessary for the scoping meeting (e.g., PowerPoint presentation, comment cards, sign -in sheets, handouts, poster boards). We will provide a translation of notices and materials into Spanish, if necessary. Task 6. Administrative Draft EIR The EIR or EIR/EIS will include a discussion of the existing physical and regulatory setting and impact analysis, including methodology and thresholds, mitigation measures, and residual impacts following the implementation of the mitigation measures. As described, the impact analysis will focus on the environmental issues that are determined to result in potentially significant impacts during the NOP or NOP/NOI and scoping processes. The impact analysis will be based on CEQA Guidelines Appendix G and the latest guidance from the City. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies or the synthesis of existing available studies to support the analysis. The EIR or EIR/EIS will include all required content pursuant to CEQA/NEPA, including an alternatives analysis, cumulative impacts analysis, and an assessment of growth -inducing impacts. Dudek will work closely with the City (and as necessary, the federal lead agency) to identify and screen a reasonable range of alternatives for analysis in the EIR or EIR/EIS. These alternatives will be based on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening the potentially significant environmental impacts of the proposed project. The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with City staff. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and cumulatively considerable impacts will be identified. We will also summarize the significant unavoidable impacts resulting from the project, and will identify any significant irreversible changes and irretrievable commitments of the environment, and will provide an explanation of issues found not to be significant during the IS process, as well as effects that were studied in the EIR that were determined to be less than significant. We will submit the administrative draft EIR, or EIR/EIS, to the City (and federal lead agency) for review. Following the review of the document by City staff (and federal lead agency) and the incorporation of any comments and revisions requested, we will prepare a public draft EIR for public review. Tasks 7. Preparation and Transmittal of Public Review Draft EIR or EIR/EIS Dudek will work with City staff to secure a mailing list, and prepare the notice of availability and appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and post the notice of availability with the County Clerk. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. Document distribution will use certified mail, regular mail, and FedEx or other form of distribution that can provide tracking records. We will also coordinate with federal agency staff for publication of the notice in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions suitable for posting to the City's website. On -Call Environmental Services RFP# 21-105 24 DUDEK Task 8. Public Hearing This task would be the same as outlined for Task 5 under NDs/MNDs. Tasks 9. Final EIR or EIR/EIS Dudek will compile all comments received, and evaluate comments as to their relevance in addressing project impacts. We will collaborate with City staff on appropriate strategies to address the comments received. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft EIR or EIR/EIS, Dudek will prepare an administrative draft final EIR or EIR/EIS. The final EIR or EIR/EIS will include redline/strikeout text to highlight changes in the document, along with an errata chapter, and the comments and responses to comments. Dudek will also prepare a draft mitigation monitoring and report program, which will identify the impacts, mitigation measures, timing of implementation, method of implementation, and responsible parties. Following the review of the administrative final EIR or EIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any revisions and address comments as requested by the City (and the federal lead agency). We will submit a Screencheck version of the Final EIR or EIR/EIS for final review, addressing any final revisions or comments. Dudek will compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. Dudek will also work with the City in the preparation of the findings of fact and statement of overriding considerations (if necessary). We will submit draft and final versions of these documents. Technical Studies The preparation of ISs/NDs/MNDs, EIRs, and EISs will require technical analysis to support conclusions made in the documents. Our in-house environmental experts have completed technical studies and environmental reports that cover all environmental disciplines. A consistent theme across all projects is our focus on problem solving and using the right tools to deliver successful outcomes. Engineering Support Our engineers plan, entitle, and design land development and infrastructure projects. We understand the importance of adhering to tight regulations, aggressive schedules, and narrow budgets. Simultaneously, we navigate and comply with conditions of approval to design projects that are practical, economically viable, and realistic given the regulatory environment. Our team includes LEED- accredited staff trained to create environmentally sensitive and low -impact designs that accomplish desired results and produce sustainable infrastructure. Stormwater Drainage and Regulatory Compliance. Our engineers are experts in surface water and stormwater drainage, including hydrology and hydraulic analysis. We have prepared numerous stormwater pollution prevention plans, water quality management plans, and dust control plans for our clients, and have experience with erosion and sediment control related to environmental compliance. In addition, we prepare environmental constraints analysis, analyzing slopes, drainage, and the geology of a project site. On -Call Environmental Services RFP# 21-105 25 DUDEK Site Development. Our engineers are experts in site development, including site plans and preliminary engineering. We have experience in mass, rough, and precise site grading, as well as preparing tentative and final parcel maps and tract maps for development. Our staff provides third -party plan check services, peer review, and value engineering to public and private clients. Infrastructure and Transportation Planning and Design. Our engineers plan and design infrastructure for water, sewer, and storm drain systems. We also offer comprehensive transportation planning and design for paved roads, all weather access, pedestrian walkways, and Americans with Disabilities Act compliance. Public Outreach Dudek has teamed with Katherine Padilla & Associates (KPA), Inc., who will be providing outreach services for this contract. KPA is a full -service communication firm founded in 1994, and their services include strategic community outreach and public information campaigns, community meetings and workshops online and in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Its diverse team of eight includes members fluent in Spanish, Tagalog and Korean. KPA is also certified WBE, DBE, MBE and SBE. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills, intangible necessities gleaned only from extensive experience and training. Its senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. Within KPA's staff, each offers more than 15 years of hands-on experience in his or her field. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Our talents, training, and experience uniquely position us to communicate meaningfully with our clients, technical team members and the community. Since its inception, KPA has worked on projects in Orange, Los Angeles, Santa Barbara, Riverside, San Bernardino, Imperial, San Diego and Ventura Counties. In Santa Barbara County, KPA is working on the Santa Maria Levee Trail Study. In Ventura County, they're working on the multi -year Ventura County Transportation Commission Comprehensive Transportation Plan. A sampling of past and current projects include the following: ■ City of Santa Ana Downtown/Transit Zone Complete Streets ■ City of Santa Ana Safe Route to School ■ City of Costa Mesa Pedestrian Master Plan ■ City of Santa Monica North Beach Trail Improvement Project ■ Santa Barbara County Association of Governments Santa Ynez Valley Traffic Circulation and Safety Study ■ County of Santa Barbara, Santa Maria River Levee Trail Study ■ City of Escondido Grape Day Park Master Plan & Playground Design/Construction ■ Metro LA River Path Project ■ Metro East San Fernando Valley Light Rail Transit Project AA, EIR, and First -Last Mile Plan On -Call Environmental Services RFP# 21-105 26 DUDEK ■ City of LA 7th Street Streetscape Improvement Project ■ Metro Mobility Matrix — San Fernando Valley and Las Virgenes/Malibu Subregion City of Calexico Transit Study On -Call Staff Consulting Dudek has performed as -needed and extension -of -staff contracts for more than 170 cities, counties, state agencies, and water and wastewater districts throughout California. Our as -needed staffing helps public agencies cost-effectively: ■ Manage technical staffing levels to meet short-term or long term needs in response to fluctuating workloads ■ Quickly access specialized technical expertise to supplement staff for complex projects challenges ■ Use contract technical staff with experience working seamlessly as part of municipal staff for positions that interact with the public We are well versed in the needs of local cities, agencies, and water districts, and we bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand the agency's processes and apply our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy. Dudek has built a strong reputation for helping public officials effectively progress through California's ever-increasing regulatory maze, providing the appropriate team of experienced scientific, engineering, and regulatory professionals. Our comprehensive approach and experience will provide the City with the following: ■ The Right People. We provide an experienced project manager who will draw from Dudek's 700+ environmental professionals to bring the appropriate expertise to your project, considering project needs and available budget. ■ Local Understanding. We hit the ground running, thoroughly researching the issues, discussing with your key staff, and bringing a key understanding of California's regulatory laws and in-depth knowledge of the City's service area and related environmental issues. We have worked in the City on diverse projects such as Centennial Park Lake and our staff has worked on the 1-5 HOV Lanes from SR-55 to SR-57 project. ■ Strong Reputation with Regulatory Agencies. Our professional scientists and planners have established strong working relationships with the local staffs of California's regulatory agencies, which is vital for keeping projects moving and obtaining final approvals. We are knowledgeable about the inter -agency agreements and local regulations. ■ Cost -Conscious Solutions. Our staff focus on implementation, and are cost-conscious. We know City's budget constraints, and will collaborate with your staff to achieve a cost-effective approach for compliance. ■ Collaborative Team Work. Our project managers recognize the importance of being part of the City team. We work with staff and customers in a professional, collaborative, and friendly manner. On -Call Environmental Services RFP# 21-105 27 DUDEK ■ In-depth Experience. Our project teams have worked with dozens of agencies on a wide variety of difficult projects. We will provide you and your staff varying perspectives on scoping and cost based on our experience successfully completing hundreds of municipal projects. ■ Prompt Communication. We provide frequent and regular reporting on key work tasks, meetings, and processes. We get in front of developing problems by keeping you informed when City staff may need to get involved, and offer alternatives to mitigate unnecessary delays. We respond quickly to requests and emergencies, as needed. ■ Comprehensive Service. We are a one -stop shop for your regulatory needs. Complementing our array of in-house expertise is our wide network of top-notch teaming partners throughout California. We will provide the City with a highly qualified, locally knowledgeable team of professionals who regularly work together to effectively complete difficult environmental and regulatory projects throughout California. On -Call Environmental Services RFP# 21-105 28 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $305.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$270.00/hr Principal Engineer I................................................................$260.00/hr Program Manager..................................................................$250.00/hr Senior Project Manager.........................................................$250.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$235.00/hr Senior Engineer II..................................................................$225.00/hr Senior Engineer I...................................................................$215.00/hr Project Engineer IV/Technician IV.........................................$205.00/hr Project Engineer III/Technician III..........................................$195.00/hr Project Engineer II/Technician II............................................$180.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer......................................................................$185.00/hr Designer................................................................................. $175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I.....................................................................$140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician.................................................................... $115.00/hr Project Coordinator................................................................ $140.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $205.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $135.00/hr AnalystV........................................................................................... $125.00/hr Analyst IV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LIASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector..................................................... $139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager............................................................. $160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator.................................................................. $110.00/hr Grade III Operator.................................................................. $100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III.................................................................. $150.00/hr Technical Editor II................................................................... $135.00/hr Technical Editor I.................................................................... $120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. DUDEK EFFECTIVE JANUARY 1, 2022 EXHIBIT 6 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of March, 2023 by and between ECORP Consulting, 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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 40 #256568vl 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. 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 March 21, 2023 for a three (3) year term and end on March 20, 2026, with the option for the City to grant up to two (2), 1-year extensions, 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 contractor 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. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. Page 2 of 10 #256568vl b. Insurance coverage shall be at least as broad as: (i) 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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 for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Page 3 of 10 #256568vl (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 4 of 10 #256568vl (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required 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 to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity 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 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' Page 5 of 10 #256568vl 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 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 Page 6 of 10 #256568vl 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. 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 Page 7 of 10 #256568vl 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 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: Jennifer L. Hall Clerk of the City Council 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #256568vl To Consultant: Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc., 2861 Pullman St. Santa Ana, CA 92705 Fax: (714) 648-0630 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 set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 #256568vl SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND ECORP CONSULTING, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY: ._,tat an T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Z4, r Vz- Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc. Page 10 of 10 #256568v1 EXHIBIT A SCOPE OF SERVICES EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 Page Al-1 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 Page Al-2 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 Page Al-3 EXHIBIT B COMPENSATION Consultant's Fee Proposal EXHIBIT B SOILS Atterberg Limits, D 4318, CT 204 $ California Bearing Ratio (CBR), D 1883 $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229............................................................................ $ Expansion Index, D 4829, IBC 18-3......................................................... $ Expansion Potential (Method A), D 4546................................................. $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of PeatlOrganic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297.......................................................... $ Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt....................... $ Triaxial Shear, U.U., D 2850..................................................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... $ Brick Efflorescence, C 67...................................................... $ Brick Modulus of Rupture, C 67.................................................... $ Brick Moisture as received, C 67......................................................... $ Brick Saturation Coefficient, C 67........................................................ $ Concrete Block Compression Test, 8x8xl6, C 140 ............................... $ Concrete Block Conformance Package, C 90......................................... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6........ Hardness Test, Rockwell, A 370................... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325......................................... Mechanically Spliced Reinforcing Tensile Test, ACI. Prestress Strand (7 wire), A 416................................ Reinforcing Tensile or Bend up to No.11, A 615 & A 706... Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ..... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI ......... CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................ $ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$1,000 350 Slurry Wet Track Abrasion, D 3910............................................................ $ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$1,000 Unit Weight sample or core, D 2726, CT 308................ ........ ............ $ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2.............. ........ .............$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3............... ........ ........ .........$ 90 55 Wax Density, D 1188 $ 140 50 45 AGGREGATES 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535....................................................... $ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................ $ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 150 Sodium Sulfate Soundness, C 88................................................................$ 450 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67 .............. ........ ........ .......... $ 250 Roofing Tile Strength Test, (set of 5), C 67..... $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore 12021 Laboratory Testing