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HomeMy WebLinkAboutCHAMBERS GROUPINSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: FEB 0 7 ZOZ4 0 ?D P, (or) AGREEMENT TO PROVIDE ON -CALL CF. Vlllavea04` ENVIRONMENTAL AND PLANNING SERVICES RELATED TO CEQA AND NEPA A-2020-241-05 THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Chambers Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. In August of 2020, the City issued Request for Qualification No. 20-100, by which it sought Consultants to provide on -call environmental, technical and planning services for the Planning Division of the City of Santa Ana. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements and staffing services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 20-100 and attached as Exhibit A. 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 contracting 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 On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. Page 1 of 9 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 Exhibit B. Consultant is one of forty-eight (48) Consultants selected to provide environmental and planning services on an as needed basis under RFQ No. 20-100. The total compensation for services provided by all Consultants selected under RFQ No. 20- 100 is a collective amount not to exceed Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00) during the term of the Agreement, including any extension periods. 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years until November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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 Page 2 of 9 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 Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 9 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended priorto notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 contractors, subcontractors, 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 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 9 8. 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. 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; (e) 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 5 of 9 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 To Consultant: Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 Chambers Group, Inc. 3151 Airway Ave., Suite F208 Costa Mesa, CA 92626 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. 13. 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 terns 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. Page 6 of 9 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. 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. 16. 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 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. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 7 of 9 18. 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. 19. 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. 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. [signature page to follow] Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney �4' m;4 CITY F SANTA ANA THOMAS R. H TCH Acting City Manager CONSULTANT j Jose Montoya Mike McEntee Assistant City Attorney President RECOMMENDED FOR APPROVAL MINH THAI Executive Director Planning and Building Agency Pale 9 of 9 EXHIBIT A SCOPE OF SERVICES RFQ #20-100: Environmental and Planning Services City of Santa Ana Cover Letter CHAMBERS GROUP September 18, 2020 63552 Attn: Selena Kelaher City of Santa Ana Planning Division 20 Civic Center Plaza Santa Ana, CA 92701 Subject:Request for Qualifications for Environmental and Planning Services RFQ #20-100 Dear Ms. Kelaher: As a comprehensive environmental company with over 40 years of experience, Chambers Group Inc. offers the City a full complement of in-house planning and technical services. Our dedicated staff members have successfully executed hundreds of environmental and planning reports and studies in full compliance with California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and the full range of applicable environmental legislative policies. • Current, Local Experience in Orange County: Chambers Group and its team of professionals have a strong experience and understanding of local laws, ordinances, regulations, and policies. We are committed to ensuring that all planning and permitting activities remain in compliance with jurisdictional regulations and related expenditure guidelines. We had two Master Service Agreements with the City with a recent project being Lincoln -Fairhaven Access Trail Addendum. Chambers Group actively holds on -call contracts with the County of Orange, City of Beaumont, City of Moorpark, and City of Desert Hot Springs. Our headquarters office is based in Santa Ana and our staff members are available to be at City Hall at a moment's notice. • Proven Track Record of Innovative Solutions Working Under On -Call Contracts: Chambers Group has developed a systematic approach to project management of on -call contracts. In the last 10 years alone, Chambers Group has held over 75 on -call contracts with various cities, counties, and agencies throughout Southern California valued at over $20 million in contract fees. • Considerable public and private development projects within Southern California: Chambers Group provided due diligence and feasibility, entitlements, and environmental compliance for private developers and on behalf of Southern California cities on new and redevelopment projects. Our experience allows us to support all types of development including residential, commercial, mixed -use, industrial, institutional, and hospitality projects. • Past Success with Applicable Regulatory Agencies: Our wide -range of experience throughout the County has led to solid relationships and successful projects permitted through regulatory agencies such as California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), Regional Water Quality Control Board (RWQCB), United States Army Corps of Engineers (USACE), Federal Aviation Administration (FAA), to name a few. We are also familiar with the City of the Santa Ana's Municipal Code and General Plan policies. Scope of Services: Chambers Group has prepared this statement of qualifications forthe City of Santa Ana for providing: A. Environmental Services (including all CEQA and NEPA documentation) and B.Technical Studies (Air Quality, Biological Resources, Cultural Resources, Environmental Site Assessments, Economic/Market Study, Geotechnical/Soil Study, Greenhouse Gas (GHG) Assessment, Health Risk Assessment (HRA), Historical Resource Assessment, Hydrology/Water Quality Study, Noise Impact Study, Parking Study, Water Supply Assessment (WSA), Mineral Resource Study, Utility/Sewer Study, and Traffic Study). Project Contact: As President, I am authorized to make legally binding commitments for Chambers Group. If you have any questions about this proposal, please contact our Project Manager, Meghan Gibson at (949) 261-5414 ext. 7511 or by email at mgibson@chambersgroupinc.com. Sincerely, Cq C3�R$�IR INC. IIII^^j(11^^ I �e McEntee, President -Est %ins` 1979 www.chambersgr0upinc.com RFQ #20-100: Environmental and Planning Services City of Santa Ana Firm and Personnel Experience Company Information Firm Name, Address & Phone Number Contact Chambers Group, Inc. CHAMBERS GROUP Headquarters - 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707, (949) 261-5414, (866) 261-3100 (fax) Los Angeles County Office - 600 West Broadway, Suite 250, Glendale, CA 91204, (213) 623-1859, (866) 261- 3100 (fax) San Diego County Office - 9620 Chesapeake Drive, Suite 202, San Diego, CA 92123, (858) 541-2800, (866) 261- 3100 (fax) Project Manager, Meghan Gibson, mgibson@chambersgroupinc.com, (949) 261-5414 Point of Contact for Contract, President, Mike McEntee, mmcentee@chambersgroupinc.com, (949) 261-5414 Celebrating over 41 years of providing environmental consulting services, Chambers Group, a Small Business Enterprise (SBE) is an Employee -Owned 5-Corporation, incorporated May 25, 1979. Chambers Group has 56 active employees across a range of technical fields and supporting roles. Services include: • CECA and NEPA compliance • Habitat restoration and revegetation • Biological surveys and agency consultations • Geographic Information Systems (GIS) • Biological, Cultural, and Marine and Aquatic resources • Environmental planning and permitting • Construction mitigation monitoring Chambers Group's experience and process in producing environmental documents and technical studies is detailed below in the following paragraphs. Brief resumes of key personnel who may perform work for the City follows with full team resumes being located in the Appendix B. Our Project Managers are supported by a staff of regulatory specialists, environmental planners, biologists, botanists, cultural resource specialists, and restoration specialists, which allows us to mobilize in multiple locations simultaneously, ensuring projects always have the right mix of knowledgeable, responsive staff to enable the City to successfully accomplish its mission. As leaders in the environmental industry, our team will apply comprehensive understanding of the latest regulatory guidance to all issue areas to ensure the most advanced technical approach is applied to every aspect of any project. Should any issues require subject matter expertise beyond what Chambers Group provides in-house, we have worked with the below trusted subconsultants on a variety of project in the past. Vista Environmental Services: Air Quality and GHGs, HRAs, and Noise Analyses. Vista Environmental specializes in air quality analysis, GHG analysis, HRAs and noise impact analysis for governmental agencies and the business community and has completed numerous complex air and noise studies that conform to CEQA and NEPA requirements. Fehr & Peers Services: Traffic Assessments. Fehr & Peers has specialized in providing transportation planning and engineering services to public and private sector clients since 1985. They develop creative, cost-effective, and results - oriented solutions to planning and design problems associated with all modes of transportation. They are nationally recognized experts who routinely publish original research, serve on national committees, and teach courses to others in the industry. They do this while maintaining their commitment to translating those techniques into practical solutions. Fehr & Peers and its experts are recognized leaders in sustainable transportation planning. Fehr & Peers was the only transportation consultant on the SB 375 Regional Targets Advisory Committee (RTAC) that created recommendations for travel demand modeling and measuring GHG emissions and reduction strategies. Haley & Aldrich Engineering Services: Hydrology/Water Quality Studies, Hazardous materials, and any needed Phase ESAs. Established in 1957, Haley & Aldrich was one of the first geotechnical engineering practices in the Country and has steadily expanded their footprint ever since. At the forefront of emerging environmental regulations in the late 1970s and early 1980s, their practice grew to encompass environmental compliance, site assessment, and remediation. In the 1990s, they expanded their services to include specialty practices, including hydrology, hydraulics, and storm water assessment and management. Now in their 63rd year, Haley & Aldrich's rich portfolio of clients and services spans the entire built environment lifecycle from initial conception through adaptive reuse. 2 'ilN� 1979 °,'`''' www.cham1hersgr0upinc.ccm RFQ #20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP ECONorthwest: Municipal Financial Review Services (Fiscal Impact Analysis). ECONorthwest specializes in economics, finance, and planning. They understand that businesses and governments face difficult decisions about how to make the best use of limited resources. They help their clients make thoughtful, data -driven decisions using tools and methods that meet the highest standards of best practice. At the core of everything they do is applied microeconomics. This perspective allows them to fully understand —and effectively communicate —the benefits, costs, and tradeoffs associated with any decision. Their consultants have advanced degrees in a variety of fields, including economics, planning, and public policy; and work on projects ranging from strategy to implementation. On these projects, they provide a range of services, including business economics and modeling, natural resource economics, fiscal and economic impact analysis, land -use planning, policy analysis, urban and regional planning. Scope of Services A. Environmental Services (including CEQA and NEPA Document Preparation) The following scope highlights the NEPA and CEQA environmental document process. Detailed scope and deliverables will be provided on a project -by -project basis. We understand that the projects would support project applicant, property owners, developers, and City staff. Peer Review Applicant and City -prepared CEQA documents and technical studies will be reviewed by Chambers Group to ensure that each resource area have been adequately analyzed and questions in the checklist have been answered thoroughly. Chambers Group will review any regulatory information pertinent to the project and call out any changes required based on guidelines published by the Office of Planning and Research if applicable. Either CEQA-level or detailed technical reviews will be completed on technical studies provided depending on the level of effort needed by the City or Applicant. Chambers Group will also review City and Applicant prepared documents to ensure compliance with the City's General Plan, City Code, specific City plans, Development Code. CEQA Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. Our approach to CEQA is always tailored to each individual project; so, based on the project, level of controversy/complexity, and environmental impacts, we pick the right document to be good stewards of public funds. Public Scoping, Meetings, Hearings, and Participation For typical projects, Chambers Group plans to attend the following: • Project Kick-off meeting with City staff, and other required project attendees • Scoping Meeting (if required) • Public Comment Meeting (if elected) • Public/CommunityOutreach • Internal meeting prior to Planning Commission meeting • Planning Commission meeting • City Council hearing for a decision on the project (if necessary) Scoping Meeting(s) and/or consultations with agencies are not required by CEQA but can be a useful tool to supplement required scoping periods. Chambers Group will coordinate with the City, and other agencies deemed appropriate to identify the environmental areas to be evaluated, and the methodological approaches to be used, if requested. A Public Scoping Meeting may be held to present the proposed project to the public and provide them with an opportunity to relay their concerns and suggestions for the environmental studies. A record of these meetings and consultations will be included in the CEQA document. Prior to each meeting, a flyer will be distributed notifying interested persons of the workshop. The focus of these meetings will be to gather concerns of the: • Project stakeholders; • property owners/occupants adjacent to the project site, and • public interest groups, and other concerned individuals. f 3 Est `PAN` 1979 www.chambersgroupinc-com RFQ#20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP The information gathered during scoping meetings and public comment meetings are helpful in gathering the required information to properly analyze the environmental document for a project, whether it is a ND, MND and/or Draft EIR/Final EIR. Kick -Off and Scoping Meetings After receiving a notice to proceed (NTP) for a project from the City, Chambers Group will be prepared to meet with the City and other relevant parties such as the City consultants and project Applicant(s), at a Project Initiation/Kick-off Meeting to discuss the project and receive all available project information. Chambers Group will work closely with the City to determine what additional data, if any, must be collected in support of the appropriate CEQA document. In addition to CEQA documents, Chambers Group will provide additional related tasks to assist the City such as collaboration with various consultants, State and local agencies, and coordination with the City departments such as the Planning and Building Agency, the Public Works Agency, and the Community Development Agency. CEQA Document Preparation Chambers Group's will provide the City with a tailored approach that adapts to changes in CEQA case law and any CEQA Guideline updates. Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. For example, the Berkeley Hillside Preservation v. City of Berkeley case gives deference to the lead agency for determining when a project may be exempt from CEQA. The summaries below highlight the general approach of CEQA, other technical services, and general administrative support to the City. Preparing the Initial Study (IS) Preparation of an IS Checklist will be completed to confirm the appropriate environmental documentation for a given project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G in compliance with CEQA Section 15063. Chambers Group will identify issue areas where no impacts, less than significant impacts, or potentially significant impacts would result from the proposed project. Further analyses will be provided for specific resource areas that may be of concern based on the project area or based on technical analyses provided by outside consultants. These include analyses on a project's consistency and applicability to the City's General Plan policies, zoning, and specifications. The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. We understand the importance of being good stewards of public funds and will use our CEQA expertise to ensure that the City is preparing the appropriate CEQA document based on the project impacts and project type. Notice of Exemption (NOE) Chambers Group, in consultation with the City, will determine if there is an appropriate exemption for a project. A project will be analyzed whether it would qualify for a Statutory Exemption (per Article 18) or a CE under the CEQA Guidelines. Exemptions granted by the Legislature would be considered statutorily exempt. An IS may be prepared to confirm the preparation of an exemption or provide supplemental environmental analysis for the project. The exemption may also include other technical studies if required by the project. Chambers Group will file the NOE with the Orange County Clerk Recorder. Negative Declaration / Mitigated Negative Declaration (ND/MND) The process for preparing a NO is the same as a MND with the exception that a Mitigation Monitoring and Reporting Program (MMRP) is not required under an ND. Therefore, only the MND process is described below. A MND will be prepared when a project will have a significant effect on the environment, but such effects can be mitigated to a less than significant. If after preparation of the IS, it is identified that one or more significant impacts would occur, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. � ""- Est a �iA1 1979 www.chambersgroupinacom RFQ #20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP Environmental Impact Report (EIR) Preparation of an EIR is a more detailed process and requires more effort than the preparation of a MIND. An EIR would be prepared if there is a potential for significant impacts which cannot be mitigated to a level less than significant or if significant public controversy or scrutiny exists. In which case, an EIR would be the more legally defensible document. Preparing an EIR will require completion of several important steps, from study initiation through development of the project description and Draft EIR, to attendance at public hearings and Final EIR preparation. The process for a more complex EIR would likely include additional scoping meetings (if the project is deemed to be controversial), complexity of technical issues, number of alternatives assessed, possibility of extra internal review cycles, more complexity in responding to public comments for the final document, a more in-depth mitigation monitoring plan, and additional public meetings. NEPA We assume that a majority of the environmental documents for the City will be required to also comply with CEQA; however, we have prepared an overview below focusing on compliance with NEPA, should the projects have federal funding or permitting. NEPA Approach The NEPA climate is quickly changing under the current administration, with NEPA regulations being updated more in the past few years than they have since enaction in 1970. Chambers Group staff work hard to stay up to date on the changing regulatory environment surrounding NEPA in order to utilize streamlining opportunities to deliver more concise documents, faster timelines, and lower costs than their competitors. Below is a brief summary of the recent updates to the NEPA regulations and how Chambers Group has adapted. Executive Order 13807 Executive Order (ED) 13807 was signed on August 15, 2017 with the purpose of streamlining environmental review and authorization decisions for major infrastructure projects to two years. Following EO 13807, the Department of the Interior signed Secretarial Order (SO) 3355 on August 31, 2017 to streamline the NEPA process for all projects in all Interior Departments, followed by many other Secretaries. In a series of memorandums on implementation of SO 3355, page numbers and timelines of Environmental Impact Statement (EIS) and Environmental Assessment (EA) documents were limited. EIS documents are required to be 150 pages or less for a standard project and 300 pages or less for unusually complex projects. Additionally, EIS documents must be completed within one year from the issuance of a Notice of Intent. EA documents are required to be 75 pages or less, excluding appendices, and review of the document is required to be concluded within 180 calendar days from commencement. Chambers Group will actively coordinate with the City and other reviewing agencies to create a detailed schedule including submittal deadlines and review periods in order to maintain compliance with SO 3355 time limits. Further, Chambers Group has internal processes in place to budget page limits in accordance with SO 3355. Executive Order 13927 On June 4, 2020, an EO was signed to provide federal agencies the foundation, under the National Emergencies Act, to speed up environmental permitting in response to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. The EO allows agencies to take all reasonable measures to accelerate actions that will strengthen the economy and return Americans to work, while providing appropriate protection for public health and safety, natural resources, and the environment, as required by law. The leaders of all agencies are directed to use, to the fullest extent possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, analyses that have already been completed, and concise and focused analyses, consistent with NEPA, the Council for Environmental Quality's NEPA regulations, and agencies' NEPA procedures. With this knowledge, Chambers Group staff will pursue streamlined NEPA processes and push project timelines to the greatest extent possible to take full advantage of the allowances under EO 13927. Council on Environmental Quality Revisions to NEPA Rules On July 16, 2020 the Council on Environmental Quality (CEQ) published their final rule to update the regulations for Federal agencies to implement NEPA for the first time in 40 years. The final rule revises, modernizes, and clarifies the regulations with the intention to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in Est 5 �"n 1979 "5S7 www.chainbersgroupinc.com RFQ#20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP connection with proposals for agency action. Some key changes to NEPA involve the use of categorical exclusions (CEs), as well as cumulative impacts and GHG analyses. The final rule provides that agencies may use CEs to define actions that normally do not have a significant effect, and may adopt another agency's CE determination or portions thereof if the two actions subject to the determinations are substantially similar. Additionally, the cumulative impacts analysis is no longer required as part of a NEPA review. With respect to GHG, CEQ explains in the preamble to the final rule that "the analysis of the impacts on climate change will depend on the specific circumstances of the proposed action" and that agencies "will consider predictable trends in the area in the baseline analysis of the affected environment." Although cumulative impact analyses are not required, CEQ clarified that consideration of the cumulative and indirect effects of climate change are not precluded by the final rule. If Project development schedule allows, there could be advantages to pushing Project schedules to take advantage of a favorable regulatory environment prior to January of 2021, dependent on the results of the election. CEQ has set the effective date of the final rule as September 14, 2020, thus working to get Notice of Intent (NOI) s filed or other relevant project milestones for Project development prior to January would take advantage of those regulations for Project NEPA documentation, which are likely to be reversed if a new administration were to assume office in January, 2021. NEPA Literature Review and Scoping Meeting(s) After receiving a NTP from the City, Chambers Group will be prepared to meet with the City and project Applicant(s), when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies. This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will assist City Staff in developing Scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS. While it is not necessary to conduct scoping meetings during the preparation of Environmental Assessment, this could be helpful in data collection for a project. NEPA Documents NEPA Categorical Exclusion (CE) There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not limited to statutory exemptions, emergencies, and classified information. Any of these, and some additional exempted actions, may involve the City to some degree, by way of location of the action within the City. Thus, the City may have a role in the NEPA process as a Review Agency, or as a Lead or Co -Lead Agency. As such, the City may be responsible for preparation of some type of record of environmental consideration, documenting the applicability of the NEPA CE. EA / Findings of No Significant Impact (EAIFONSI) An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts are anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA would be limited to an analysis of potential significant environmental issues which area identified through a Scoping process with the public and review agencies. The EA will include brief descriptions of the need for the proposed project, alternatives to the proposed project, the environmental impacts of the proposed project and its alternatives, and a listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the Finding of No Significant Impact (FONSI) that outlines the reasons why the federal agency has concluded that no significant environmental impacts would result from implementation of the proposed action. The FONSI will inform the decision record for the federal agency. EIS An EIS would be required if a federal action would result in the significant effects of the quality of the human environment. If the need for an EIS is identified, Chambers Group would follow a similar approach as applicable for an EA. Chambers Group would prepare the N01 for publication in the Federal Register for the Project. The comments received on the NOI will be used to further refine those impact areas that will be analyzed in the EIS, if needed. The comments reviewed will be discussed with the City and federal agency to determine whether the scope of the EIS should be expanded. The N01, comments received, and all correspondence will be included in the EIS appendices. The EIS will address direct, indirect, and cumulative impacts relevant to the proposed action. Following the public review period, the Final EIS would incorporate comments, responses, and changes to the Draft EIS (DEIS). The EIS process ends lP�/, Est b �ilt`� 1979 ,35-t w%vw.chambersgroupinc com RFQ #20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP with a Record of Decision that outlines that federal agency's decision, describes alternatives considered, and discusses any necessary mitigation or monitoring plans. B. Technical Studies The following studies and services are in response to services listed in the RFP, however, if additional studies (such as visual impact assessments and simulations or hydrologic/hydraulic assessments) are required as part of completing CEQA compliance and documentation, we would be happy to provide those services through a combination of in-house and subconsultant personnel. Biological and Resource Technical Reports Biological Resources Chambers Group's biology task may utilize our deep bench of well-rounded biologists allowing for scheduling of simultaneous tasks at multiple sites. Our biological resources staff hold permits from the USFWS and CDFW for collecting select species, conducting protocol surveys for sensitive species, and following specialized habitat evaluation procedures. The biology staff includes botanists and restoration ecologists who survey for sensitive plant species as well as specialize in restoration, revegetation, and soil analysis. In addition, Chambers Group staff are certified to perform wetland delineations. Our staff have conducted numerous database searches, Habitat Assessments, threatened and endangered species surveys, mitigation monitoring, and reports in Orange County. Chambers Group biologists will prepare biological technical documents, develop mitigation measures during the final design to avoid, minimize, and/or compensate for impacts to biological resources, and prepare any required restoration and mitigation monitoring plans. Chambers Group biologists will coordinate with wildlife agencies and assist in a full range of consultant services under federal and State endangered species acts. Our staff provides permit assistance for all project aspects (including a USACE Clean Water Act Section 404 permit, CDFW Section 1602 Lake and Streambed Alteration Agreement, and RWQCB Section 401 Water Quality Certification). In addition, our staff will communicate and coordinate with the City's engineer and environmental staff, resource agencies, and construction contractors regarding project schedules and the effects of design changes on the environment. Our staff will anticipate issues and provide solutions to avoid conflict. sUAS Supported Surveys Chambers Group has successfully utilized sUAS technology for pre- and post -maintenance activities, nesting bird surveys (see As -Needed Section for nesting birds), vegetation mapping, native and nonnative vegetation assessments, and success criteria monitoring. Chambers Group proposes to utilize a sUAS to assist our foot surveys of the concrete and earthen bottom channels. The utilization of sUAS technology allows for multiple aspects that set us apart from our competitors. We have sUAS pilots that are also trained botanists by profession to expedite our analysis of the vegetation. Through the use of our Drone Services Department, not only can we provide high -resolution imagery with a guaranteed 1.0 inches per pixel (in/px) final image resolution, but we can also provide an objective view of project success criteria. Surveys are often conducted in less than 30 minutes with approximately 20 minutes of flight time that can map an area approximately 50 acres in size. By creating a static image of the project area, we can help the City analyze the area and identify potential design changes to avoid sensitive resources, or if impacts are not avoidable, we can use the high - resolution imagery to calculate impacts at a square foot level to reduce costly backend mitigation costs and identify potential on -site mitigation opportunities. Cultural and Paleontological Resources Chambers Group can provide Cultural Site Evaluations, Cultural Resource Mitigation, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) mitigation of Built Environment Resources, Ethnographic Studies, Historic Resource Treatment and/or Mitigation Plans, and Paleontological Resource Recovery, Analysis, and Restoration. 1979 63552 www.chambersgroupinc.com RFQ #20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP Our archaeologists conduct cultural resources studies in accordance with the Secretary of Interior Standards for archaeological investigation. In addition, they also: • Manage large programs and multiple concurrent task orders in compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA), Archaeological Resources Protection AM (ARPA), and Native American Graves Protection and Repatriation Act (NAGPRA) • Perform National Register of Historic Places (NRHP) evaluations • Prepare Historic Property Management Plans • Work with California State Historic Preservation Office (SHPO) to determine eligibility of historic buildings Additionally, Chambers Group paleontologists have extensive experience in providing services involving initial surveys, mitigation plans, surface collection, construction monitoring, fossil salvage, laboratory preparation, cataloguing and transferring, technical reports, and exhibits. CulturallPaleontological Assessments The Chambers Group team has extensive experience in cultural resources management services including, archaeology (both historic and prehistoric), historic structures, and ethnography, and has extensive experience throughout Southern California. Chambers Group brings experience in coordinating with the SHPO, Native American Heritage Commission (NAHC), Native American groups, and other land management agencies such as the Bureau of Indian Affairs (BIA), BUM, Caltrans, United States Department of Housing and Urban Development (HUD), USAGE, USFWS, and US Forest Service (USFS). Additionally, the team has an excellent working relationship with tribal representative throughout California. Chambers Group team is prepared to support the City in all areas of cultural resources as required under CEQA, and/or Section 106 of the NHPA, as amended. Archaeological Reconnaissance Surveys To satisfy State requirements, Chambers Group archaeologists will conduct Archaeological Reconnaissance Surveys (if necessary) of project areas. Our archaeologists are equipped with sub -meter accurate GPS units that can have proposed project boundaries delineated ahead of time to document areas assessed, areas with limited access/visibility, and to develop a sensitivity map based on the literature review and survey. Survey notes include descriptions of the survey area(s), site conditions, and other relevant observations. Archaeological/Paleontological Technical Reports After completing Archaeological Literature Reviews and Archaeological Reconnaissance Surveys, Chambers Group will prepare project -specific CEQA Archaeological Technical Reports which summarize literature reviews, survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources on the site, (f) recommendations, and (g) references cited. The reports will include current photographs and maps documenting site conditions summary of any archaeological resources findings observed. Assembly Bill (AB) 52 Consultation Chambers Group will perform AB 52 Tribal Consultation Support on behalf of the City. As the Lead Agency, the City is required to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated Native American tribes within the geographic area(s). Our team will prepare notification letters that include a brief project description and a map of the proposed project. Then, we will consult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts Tribal Cultural Resources (TCR). Historical Resources Survey and Documentation As needed, Chambers Group will conduct historical resources surveys to photo document and assess current condition of historical resources. The historical resources will be recorded on appropriate DPR 523 series forms. In preparing the DPR 523 forms, the existing condition of the resources will be photographed and described in detail. We will prepare technical reports in compliance with CEQA standards. The reports will include historic contexts, a summary of field methods and results, significance evaluations of historic period resources under appropriate criteria. Est B '1979 `www.chambersgioupinc.com RFQ #20-100: Environmental and Planning Services CHAMBERS City of Santa Ana GROUP Air Quality, GHG, HRAs and Noise (Vista Environmental) Vista Environmental will provide the following tasks for conducting an air quality analysis, GHG analysis, and noise analysis for a project. The results of these studies would then be incorporated into the appropriate CEQA document, or in a standalone report. These tasks may vary depending on the project to be analyzed. Vista Environmental is also qualified to provide Energy and Health Risk Assessments (HRA)s if required for a project. A detailed scope will be provided on project basis. Air Quality Vista Environmental will provide the following tasks: • Evaluate and quantify regional criteria pollutant emissions associated with each project utilizing the CalEEMod. • Model and construction assumptions provided bythe Applicant. Calculate worst -case emissions based on all construction activities. Compare the proposed project's construction -related criteria pollutant emissions to the SCAB thresholds. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. • Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from the project and detail how due to the limited duration of construction activities that the cancer and non -cancer risks would be less than significant. • Utilize the results of the above tasks to develop responses to each of the air quality related CEQA checklist questions. GHG Analyses Vista Environmental will provide the following tasks: • Evaluate and quantify GHG emissions associated with construction activities for the proposed project through utilization of the CalEEMod Model run used in the Air Quality Analysis. • Provide a qualitative operational GHG emissions analysis that details if a project would generate only nominal vehicle emissions associated with maintenance activities that would result in less than significant GHG emissions. • Evaluate the GHG emissions calculated by CalEEMod for construction activities and compare to all applicable GHG emissions thresholds including AB 32, SB 32, and SCAB GHG emissions thresholds. If necessary, develop mitigation to ensure the proposed project will meet each applicable measure. • Determine if the project would conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs • Utilize the results of the above tasks to develop responses to each of the GHG related CEQA checklist questions. HRA The following summary includes the approach for preparing Health Risk Assessments by Vista Environmental. A detailed scope will be provided on a Project basis. • Quantify TAC emissions created from construction of the proposed Project through utilization of the same CaIEEMod Model run for the Air Quality Analysis in order to obtain the PM10 exhaust emissions from off -road equipment as well as to obtain the average daily truck trips during the duration of construction of the Project. Utilize the EMFAC2017 model to calculate the PM10 exhaust emission rates from the construction trucks. • Enter the construction -related TAC emission sources into the AERMOD model to calculate the TAC concentration levels at the nearby homes. • Quantify all sources of TAC emissions created from operation of the proposed Project that is anticipated to include diesel exhaust emissions from the running and idling of diesel trucks and possible operation of backup diesel generators. Utilize the Traffic Impact Analysis to quantify the number of truck trips and the PM10 exhaust emission factors. • Enter the operations -related TAC emission sources into the AERMOD model to calculate the TAC concentration levels at the nearby homes. • Utilize the methodology described in the Air Toxics Hot Spots Program Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments (OEHHA Guidance), prepared by OEHHA, February 2015, to calculate the cancer and non -cancer (acute and chronic risks) from TAC emissions created from both construction and operation of the Project. �!,Wklw 9 Est /I1 1979 www.chambersgroupinacom EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES RFQ#20-100: Environmental and Planning Services City of Santa Ana Appendix A: Fees CHAMBERS GROUP Effective January 2020 CHAMBERS ilP GROUP BILLING RATES STAFF. Charges forall professional, technical, and administrative personnel directly charging time to the project will be calculated and billed an the basis of the following staffcategory hourly"Billing Rates." Billing Rates include fringe benefits, burden, and fee. Staff Title Rate Staff Title Rate San for Director $22500 Managing Environ. Planner $18500 Director/Program Manager $200.00 Senior Environ. Planner $15400 Sr. Project Manager $165.00 Project Environ. Planner $134.00 Project Manager $14000 Staff Environ. Planner $114.00 Environ. Planner $104.00 Assistant Environ. Planner $93.00 Managing Cultural Resources Specialist $165.00 Managing Biologist/Botanist $185.00 Senior Cultural Resources Specialist $134.00 Senior Biologist/Botanist $149.00 Project Cultural Resources Specialist $118.00 Project Biologist/Botanist $129.00 Staff Cultural Resources Specialist $103.00 Staff Biologist/ Botanist $113.00 Cultural Resources Specialist $92.00 Biologist/Botanist $103.00 Assistant Cultural Resources Specialist $73.00 Assistant Biologist/Botanist $93.00 Senior GIS Analyst $147.00 Managing Restoration Director $133.00 Staff GIS Analyst $122.00 Restoration Specialist Foreman $78.00 (Foreman) GISTechnician $107.00 Restoration Specialist $41.00 Maintenance Labor Project Controls Specialist $93.00 Project Assistant/Tech. Editor $82.00 Chambers Group, Inc. Word Processor $720o Clencal/Technician $62.OD EQUIPMENT/OTHER DIRECT( OTHER DIRECT COSTS Copies - Internal UNIT per page UNITOOST $0.15 Color Copies 8"X11° per page $1.00 Cob, Copies 8"X17° par page $2.00 GIS Materials actual Field Vehicle Use. Off Rapid 4WD per day $65 00 Mileage per mile Fed Rate CPS- Real time Trimble perday $60,00 CD Cimo per CD $200 Mail/Delivery actual Outside Printing actual AJI Other Gondar, Services actual Ro Survey[Monitonng Equipment Do per day $600 Survey/JD/Resto,atlon Equipment per day $8.00 Bio Fish Survey Equipment per day 11500 Focused Plant Survey Equipment per day $1p w Guttural Survev Equipment per day $6.00 Cultural Site Recording perday $8,00 Cultural Tesbn? x-avation per day $14.00 Cultural Monitoring Equipment per day $10.00 iGage per day $15.00 Scandal per day $46.00 Decbn0sher per day $200 00 o All outside services cary a 10% markup X,la1 A-1 = Est /A`"' 1979 www.chalnbersyroupinc.corn CHAMGRO-01 RENAS �►co�ro„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/10/2024 THIS CERTIFICATE IS 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(ies) 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 endorsement(s). PRODUCER License # OM10410 Armstrong/Robitaille/Riegle Business and Insurance Solutions Dig 1500 Quail St, Suite #100 Newport BeachlkCA 92660 Ace Angie Acevedo Dat CONT CT A c, N , Ex ). - 0 FAX No>:(949) 861-9429 E-MAI arrinfo@aleragroup.com INSURERS AFFORDING COVERAGE NAIC # .:S �4a &J, 4c t312ny 17370 INSURED t -07'= ERB: KeyRisk Insurance Company 10885 RERC: Insurance Co of the West 27847 Chambers Group Inc. INSURER D : 3151 Airway Ave, Suite F208 Costa Mesa, CA 92626 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER- REVISION NUMBER - 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X ECP2026303-16 5/12/2024 5/12/2025 DAMAGE TO RENTED PREMISES Ea occurrence 100 000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT El LOC PRODUCTS - COMP/OPAGG $ 1,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO BAP2037737-12 5/12/2024 5/12/2025 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS -MADE FFX2026322-16 5/12/2024 5/12/2025 AGGREGATE $ 10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WSD505523304 5/12/2024 5/12/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Pollution Liability ECP2026303-16 5/12/2024 5/12/2025 Limit 1,000,000 A Professional Liab. ECP2026303-16 5/12/2024 5/12/2025 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, officers, agents, employees, and volunteers are included as additional insured per the attached form. Waiver of Subrogation applies to the General Liability policy per the attached form. Primary/Non-Contributory wording applies to the General Liability policy per the attached form. 30 Day Notice of Cancellation with the exception of 10 days for non-payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO City of Santa Ana ACCORDANCE WITH THE POLICY PRC RiskMougmumtDMslcrn Risk Management Division E 20 Civic Center Plaza f REVIEWED & APPROVED BY. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVEx, ✓'�^" ""1' Risk Management Specialist ACORD 25 (2016/03) © 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS - COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2026303-16 5/12/2024 5/12/2025 5/12/2024 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY The following is added to Paragraph 17. Subrogation of SECTION VII — CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D—CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and 2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. oR.N a Risk ManagementDMsian REVIEWED & APPROVED BY. Afg Aezv 1" Risk Management Specialist y NJ ECP 1260 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS — COMPLETED OPERATIONS — COVERAGE A, DA & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2026303-16 05/12/2024 5/12/2025 5/12/2024 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III — WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage DA — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1A.; or 2. Available under the applicable limits of insurance; RA ManagementDivisian whichever is less. f E REVIEWED&APPROVED BY. This endorsement shall not increase the applicable limits of insurance. Ae ' Risk Management Specialist IV. With respect to the insurance afforded to these additional insureds, the following ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. oR.N a Risk ManagementDMsian f ° REVIEWED & APPROVED BY. 1" Risk Management Specialist V NJ ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS — ONGOING OPERATIONS — COVERAGE A, B, DA & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2026303-16 05/12/2024 5/12/2025 5/12/2024 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III — WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage DA — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering o b. Bodily injury or property damage occurring after: RAMougementDMswn f e ° REVIEWED & APPROVED BY. (1) All work, including materials, parts or equipment furnished in connection with su �I .e than service, maintenance or repairs) to be performed by or on behalf of the additii Z4 Risk ManagementSpeaalist of the covered operations has been completed; or � 1 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 (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. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. oR.N a Risk ManagementDMsian f ° REVIEWED & APPROVED BY. 1" Risk Management Specialist y NJ ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2026303-16 05/12/2024 5/12/2025 5/12/2024 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY The following is added to SECTION VII — CONDITIONS 2. Cancellation: SCHEDULE Number of Days Advance Notice Of Cancellation: Thirty (30) Days Information required to complete this Schedule, if not shown above, will be provided to the Company by the Name and Address of Designated Person(s) or Broker of Record immediately upon our request. Failure to Organization(s): furnish this information promptly, or providing incomplete or inaccurate information will relieve us of our obligations under this endorsement. Additional Premium: $0 In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that if we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply if: 1. We cancel due to non-payment of premium, or 2. The policy is non -renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. oR.N a RiskManagmumtDMsian REVIEWED & APPROVED BY. Afg Aezv 1" Risk Management Specialist y NJ ECP 1234 10 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1