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HomeMy WebLinkAboutCHAMBERS GROUP, INC. (9) INSURANCE ON FILE A-2024-075 WORK MAY PROCEED UNTIL INS RAN E EXPIRES Sr1.2_l 25 -`ti. CITY CLERK 2024 DATE: (0ft012.1 AGREEMENT FOR ON-CALL ENVIRONMENTAL REVIEW SERVICES FOR HOUSING DIVISION BETWEEN CHAMBERS GROUP,INC. O; CD A ( (3) AND CITY OF SANTA ANA RomS�ESTHIS AGREEMENT is made and entered into on this lst day of July, 2024 by and between Chambers Group, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 11, 2024,the City issued Request for Proposal No. 24-038A("RFP"),by which it sought environmental documentation and environmental review services for the Housing Division on an as-needed or on-call basis. The RFP shall be incorporated by reference as though attached hereto in full. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide services to the City described in the scope of work that was included in the RFP, which shall be incorporated by reference as though attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in City's RFP, and Consultant's proposal, and detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibit III), also attached hereto as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation-Exhibit C. The total amount to be expended shall not exceed $100,000 per year, for a total amount not to exceed $500,000 during the term of this Agreement including any extensions. Page 1 of 9 #392669v1 b. Payment by City shall be made within forty-five(45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #392669v1 6. INSURANCE Prior to undertaking performance of work under this Agreement,Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Fonn CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with limit no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3.Workers' Compensation: as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee,for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City,its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds,under Consultant's CGL,Professional Liability, and Automobile Liability policies,with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses Page 3 of 9 #392669v1 paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in limits,non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, P.O. Box 1988, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel, and representatives from liability: (1)for personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Page 4 of 9 #392669v1 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark,or copyright infringement, including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 5 of 9 #392669v1 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. Page 6 of 9 #392669v1 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 7 of 9 #392669v1 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza(M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Mike McEntee President Chambers Group, Inc. 3151 Airway Avenue, Suite F208 Costa Mesa, CA 92626 Fax: 866-261-3100 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully Page 8 of 9 #392669v1 set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF ANTA(ANA -nnifer L. .0.11 :.- Alvaro Nunez City Cler. Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney 444 Andrea Garcia-Miller Name: Mike McEntee Assistant City Attorney Title: President RECOMMENDED FOR APPROVAL: 0. 11/1K/le)it Michael L. Garcia Executive Director Community Development Agency Page 9 of 9 #392669v1 EXHIBIT A SCOPE OF SERVICES .�w CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. A. General Requirements 1. Consultant shall: i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff. ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules. iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code. v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task. vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities. viii. Have provide electronic copies of all documents as well as physical copies if requested. B. Environmental Noticing Documents & Technical Reports 1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to: i. Phase I and Phase II Environmental Site Assessments ii. Environmental Impact Statements (EIS) iii. Environmental Impact Reports (EIRs) iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5 vi. Lead Risk Surveys vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing ix. Mold Testing x. Sewage & Bacterial Surveys xi. Fire, Smoke, and Soot Hazards xii. Remedial Actions xiii. Groundwater Monitoring xiv. Health Risk Assessments CITY OF SANTA ANA xv. Air Quality/Greenhouse Gas Emissions Modeling xvi. Biological Resources Studies xvii. Noise Attenuation/Acoustical Evaluations xviii. Hydrological Studies xix. Cultural Resources Studies xx. Peer Reviews xxi. Initial Study xxii. Categorical Exemption (CE) xxiii. Notice of Exemption (NOE) xxiv. Negative Declaration (ND) xxv. Mitigated Negative Declaration xxvi. Initial Document xxvii. Addendum xxviii. Supplemental xxix. Subsequent xxx. Programmatic xxxi. Notice of Preparation xxxii. Notice of Completion (NOC) xxxiii. Notice of Availability (NOA) xxxiv. Notice of Determination (NOD) xxxv. Notice of Intent(NOI) xxxvi. Finding of No Significant Impact (FONSI) xxxvii. Preliminary Environmental Study Form (PES) xxxviii. Preliminary Environmental Analysis Report (PEAR) xxxix. HUD Environmental Review Online System (HEROS) xl. Any other appropriate accompanying technical studies or reports RFP#24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP G. Implementation Schedule/Proposed Work Plan Environmental Services (including CEQA and NEPA Document Preparation) The following scope highlights the CEQA and NEPA environmental document process.Detailed scope and deliverables will be provided on a project-by-project basis. Peer Review Applicant and City-prepared CEQA documents and technical studies will be reviewed by Chambers Group to ensure that each resource area has been adequately analyzed and that questions in the CEOA Appendix G checklist have been answered thoroughly.Chambers Group will review any regulatory information pertinent to the project and call out any changes required based on guidelines published by the Office of Planning and Research(OPR)if applicable.Either CEQA- level or detailed technical reviews will be completed on technical studies provided depending on the level of effort needed as directed by the City. Chambers Group will also review City and Applicant prepared documents to ensure compliance with the City's General Plan,City Code,specific City plans,and/or Development Code. CEQA Our experienced group of environmental planning staff has an in-depth understanding of 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. 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 • Internal meeting prior to Planning Commission meeting attendees • Scoping Meeting(if required) • Planning Commission meeting • Public Comment Meeting(if elected) • City Council hearing for a decision on the project(if necessary) • Public/Community Outreach Scoping Meeting and/or consultations with agencies are not required by CEQA but can be a useful tool to supplement required scoping periods. Chambers Group will coordinate with the City, and other agencies deemed appropriate to identify the environmental areas to be evaluated,and the methodological approaches to be used,if requested.A Public Scoping Meeting may be held to present the proposed project to the public and provide them with an opportunity to relay their concerns and suggestions for the environmental studies.A record of these meetings and consultations will be included in the CEQA document.Prior to each meeting,a flyer will be distributed notifying interested people of the workshop.The focus of these meetings will be to prevent surprises later in the process and gather concerns of the: • Project stakeholders; • property owners/occupants adjacent to the project site,and • public interest groups,and other concerned individuals. The information obtained during scoping meetings and public comment meetings are helpful in gathering the required information to properly analyze the environmental document for a project, whether it is a ND, MND and/or Draft EIR/Final EIR. Kick-Off and Scoping Meetings After receiving a notice to proceed(NTP)for a project from the City, Chambers Group will be prepared to meet with the City and other relevant parties such as the City consultants and project Applicant(s),at a Project Initiation/Kick-off 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. \It///,,,s Est Y/n0 1979 RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP CEQA Document Preparation Chambers Group's will provide the City with a tailored approach that adapts to changes in CEQA case law and any CEQA Guideline updates.Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. For example,the Berkeley Hillside Preservation v.City of Berkeley case gives deference to the lead agency for determining when a project may be exempt from CEQA. The summaries below highlight the general approach of CEQA, other technical services, and general administrative support to the City. Preparing the IS: Preparation of an IS Checklist will be completed to confirm the appropriate environmental documentation for a given project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G in compliance with CEQA Section 15063.Chambers Group will identify issue areas where no impacts, less than significant impacts, or potentially significant impacts would result from the proposed project. Further analyses will be provided for specific resource areas that may be of concern based on the project area or based on technical analyses provided by outside consultants. These include analyses on a project's consistency and applicability to the City's General Plan policies, zoning,and specifications.The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. We understand the importance of being good stewards of public funds and will use our CEQA expertise to ensure that the City is preparing the appropriate CEQA document based on the project impacts and project type. This is our standard approach, but it is understood that in some circumstances an Initial Study checklist is not necessary for support of a Categorical Exemption. If a discussion with the City indicates the project is not a risk for a challenge and is generally supported by the community, the Chambers Group will likely opt to skip the CEQA Checklist tasks while developing a Categorical Exemption. Notice of Exemption (NOE): Chambers Group, in consultation with the City, will determine if there is an appropriate exemption for a project. A project will be analyzed whether it would qualify for a Statutory Exemption (per Article 18) or a Categorical Exemption under the CEQA Guidelines. Exclusions granted by the Legislature would be considered statutorily exempt. An IS may be prepared to confirm the preparation of an exemption or provide supplemental environmental analysis for the project. The exemption may also include other technical studies if required by the project.Chambers Group will file the NOE with the Orange County Clerk Recorder. NDIMND:The process for preparing a ND is the same as a MND with the exception that a Mitigation Monitoring and Reporting Program (MMRP) is not required under an ND.Therefore,only the MND process is described.A MND will be prepared when a project will have a significant effect on the environment, but such effects can be mitigated to a less than significant. If after preparation of the IS, it is identified that one or more significant impacts would occur, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. EIR: Preparation of an EIR is a more detailed process and requires more effort than the preparation of a MND. An EIR would be prepared if there is a potential for significant impacts which cannot be mitigated to a level less than significant or if significant public controversy or scrutiny exists. In which case, an EIR would be the more legally defensible document. Preparing an EIR will require completion of several important steps, from study initiation through development of the project description and Draft EIR,to attendance at public hearings and Final EIR preparation.The process for a more complex EIR would likely include additional scoping meetings (if the project is deemed to be controversial), complexity of technical issues, number of alternatives assessed, possibility of extra internal review cycles, more complexity in responding to public comments for the final document, a more in-depth mitigation monitoring plan,and additional public meetings. Est %'/i' 1979 ..r,1,1 RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP NEPA We assume that a majority of the environmental documents for the City will be required to comply with CEQA;however, we have prepared an overview below focusing on compliance with NEPA,should the projects have federal funding or permitting. NEPA Approach The NEPA climate is quickly changing under the current administration,with NEPA regulations being updated more in the past few years than they have since enaction in 1970.Chambers Group staff work hard to stay up to date on the changing regulatory environment surrounding NEPA in order to utilize streamlining opportunities to deliver more concise documents,faster timelines,and lower costs than their competitors. Below is a brief summary of the recent updates to the NEPA regulations and how Chambers Group has adapted. Executive Order(E0)13807: EO 13807 was signed on August 15,2017 with the purpose of streamlining environmental review and authorization decisions for major infrastructure projects to 2 years.Following EO 13807,the Department of the Interior signed Secretarial Order(SO)3355 on August 31,2017 to streamline the NEPA process for all projects in all Interior Departments,followed by many other Secretaries.In a series of memorandums on implementation of SO 3355, page numbers and timelines of EIS and EA documents were limited.EIS documents are required to be 150 pages or less for a standard project and 300 pages or less for unusually complex projects. Additionally, EIS documents must be completed within 1 year from the issuance of a Notice of Intent(N01). EA documents are required to be 75 pages or less, exduding appendices, and review of the document is required to be concluded within 180 calendar days from commencement. Chambers Group will actively coordinate with the City and other reviewing agencies to create a detailed schedule including submittal deadlines and review periods in order to maintain compliance with SO 3355 time limits. Further,Chambers Group has internal processes in place to budget page limits in accordance with SO 3355. E01392 7: On June 4, 2020, an E0 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 connection with proposals for agency action. Some key changes to NEPA involve the use of Categorical Exclusions, as well as cumulative impacts and GHG analyses. The final rule provides that agencies may use Categorical Exclusions to define actions that normally do not have a significant effect and may adopt another agency's Categorical Exclusion determination or portions thereof if the two actions subject to the determinations are substantially similar. Additionally, the cumulative impacts analysis is no longer required as part of a NEPA review.With respect to GHG,CEQ explains in the preamble to the final rule that"the analysis of the impacts on climate change will depend on the specific circumstances of the proposed action"and that agencies "will consider predictable trends in the area in the baseline analysis of the affected environment."Although cumulative impact analyses are not required, CEQ clarified that consideration of the cumulative and indirect effects of climate change are not precluded by the final rule. NEPA Literature Review and Scoping Meeting(s): After receiving a NTP from the City,Chambers Group will be prepared to meet with the City and project Applicant(s),when applicable,at a Project Initiation/Kick-off Meeting to discuss the project.Chambers Group will receive project plans,and other project related information and studies.This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will delair = ' Est • r-,eis 1979 RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division GROUP City of Santa Ana assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS. While it is not necessary to conduct scoping meetings during the preparation of Environmental Assessment,this could be helpful in data collection for a project. NEPA Documents: NEPA Literature Review and Scoping Meeting(s):After receiving NTP from the City,Chambers Group will be prepared to meet with the City's Project Manager and staff, when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies.This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings(such as during the preparation of an EIS). While it is not necessary to conduct scoping meetings during the preparation of an EA, this could be helpful in data collection for a project. Categorical Exclusion: There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not limited to statutory exemptions, emergencies,and classified information.Any of these,and some additional exempted actions, may involve the City to some degree, by way of location of the action within the City. Thus, the City may have a role in the NEPA process as a Review Agency, or as a Lead or Co-Lead Agency. As such, the City may be responsible for the preparation of some type of record of environmental consideration, documenting the applicability of the NEPA Categorical Exclusion. EA/Findings of No Significant Impact (FONSI): An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts are anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA would be limited to an analysis of potential significant environmental issues which are identified through a scoping process with the public and review agencies.The EA will include brief descriptions of the need for the proposed project,alternatives to the proposed project,the environmental impacts of the proposed project and its alternatives,and a listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the FONSI that outlines the reasons why the federal agency has concluded that no significant environmental impacts would result from implementation of the proposed action.The FONSI will inform the decision record for the federal agency. EAs and Compliance Findings - 24 CFR Part 580: Chambers Group will prepare an EA in accordance with HUD's format for EA Determinations and Compliance Findings for HUD-assisted Projects(24 CFR Part 58). The EA will be prepared utilizing the format preferred by HUD,which includes the following sections: 1. Project Information 2. Funding Information 3. Compliance with 24 CFR 50.4, 58.5,and 58.6 Laws and Authorities 4. EA Factors 5. Mitigation Measures and Conditions The analysis of the environmental effects and significance will address direct, indirect, and cumulative impacts of all the alternatives considered. These include the discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4,58.5 and 58.6,and environmental assessment factors including land development, socioeconomic, community facilities and services, and natural features as appropriate. Upon completion of the EA, Chambers Group will enter the EA and associated documents into the HUD HEROS. HUD HEROS:To help Responsible Entities facilitate the environmental review process, HUD's Office of Environment and Energy(OEE)has developed HEROS. HEROS is a web-based system for Responsible Entities to prepare and manage their Environmental Review Records (ERR). HEROS applies to all environmental reviews for HUD-assisted projects. HEROS streamlines the environmental review process for Users by replacing the existing paper-based process with a comprehensive web-based system. Users can create electronic Environmental Review Records and manage their reviews from a single, electronic portal. HEROS facilitates easier organization,sharing,and communications between a Responsible Entity and its partners. Chambers Group has experience working within the HEROS system. Est /IN 1979 ,;,lio,il:If, : ,;:; RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP FIS: An EIS would be required if a federal action would result in significant effects of the quality of the human environment. Chambers Group would prepare Chambers Group would prepare the NOI for publication in the Federal Register for the Project.The comments received on the NOI will be used to further refine those impact areas that will be analyzed in the EIS, if needed. The comments reviewed will be discussed with the City and federal agency to determine whether the scope of the EIS should be expanded.The NOI,comments received,and all correspondence will be included in the EIS appendices.The EIS will address direct,indirect,and cumulative impacts relevant to the proposed action. Following the public review period,the Final EIS would incorporate comments, responses, and changes to the Draft EIS (DEIS).The EIS process ends with a Record of Decision that outlines that federal agency's decision, describes alternatives considered,and discusses any necessary mitigation or monitoring plans. Technical Studies The following studies and services are in response to services listed in the RFQ however, if additional studies (such as visual impact assessments and simulations or hydrologic/hydraulic assessments) are required as part of completing CEQA compliance and documentation,we would be happy to provide those services through a combination of in-house and subconsultant personnel. Biological and Resource Technical Reports Biological Resources:Chambers Group's biology team may utilize our deep bench of well-rounded biologists allowing for scheduling of simultaneous tasks at multiple sites. Our biological resources staff hold permits from the USFWS and CDFW for collecting select species, conducting protocol surveys for sensitive species, and following specialized habitat evaluation procedures. The biology staff includes botanists and restoration ecologists who survey sensitive plant species as well as specialize in restoration, revegetation, and soil analysis. In addition, Chambers Group staff are certified to perform wetland delineations. Our staff have conducted numerous database searches, Habitat Assessments,threatened and endangered species surveys,mitigation monitoring, and reports in Orange County. Chambers Group biologists will prepare biological technical documents, develop mitigation measures during the final design to avoid,minimize,and/or compensate for impacts to biological resources,and prepare any required restoration and mitigation monitoring plans. Chambers Group biologists, if requested by the City, will coordinate with wildlife agencies and assist in a full range of consultant services under federal and State endangered species acts. Our staff provides permit assistance for all project aspects(including a USACE Clean Water Act Section 404 permit,CDFW Section 1602 Lake and Streambed Alteration Agreement,and RWQCB Section 401 Water Quality Certification). In addition,our staff will communicate and coordinate with the City's engineer and environmental staff, resource agencies, and construction contractors regarding project schedules and the effects of design changes on the environment. Our staff will anticipate issues and provide solutions to avoid conflict. Should a project involve HUD, biological assessments will include a discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6. Cultural and Paleontological Resources Chambers Group can provide Cultural Site Evaluations, Cultural Resource Mitigation, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) mitigation of Built Environment Resources, Ethnographic Studies, Historic Resource Treatment and/or Mitigation Plans, and Paleontological Resource Recovery, Analysis, and Restoration. Our archaeologists conduct cultural resources studies in accordance with the Secretary of Interior Standards for archaeological investigation. In addition, our archaeologists also: • Manage large programs and multiple concurrent task orders in compliance with Sections 106 and 110 of the NHPA, Archaeological Resources Protection Act (ARPA), and Native American Graves Protection and Repatriation Act(NAGPRA) • Perform National Register of Historic Places (NRHP) evaluations • Prepare Historic Property Management Plans • Work with California SHPO to determine eligibility of historic buildings 77_ Est kv 1979 i-i r clic, iliii , c„i,. RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP Additionally,Chambers Group paleontologists have extensive experience in providing services involving initial surveys, mitigation plans, surface collection, construction monitoring, fossil salvage, laboratory preparation, cataloguing and transferring,technical reports, and exhibits. Cultural/Paleontological Assessments: The Chambers Group team has extensive experience in cultural resources management services including, archaeology(both historic and prehistoric), historic structures, and ethnography, and has extensive experience throughout Southern California. Chambers Group brings experience in coordinating with the SHPO, Native American Heritage Commission (NAHC), Native American groups, and other land management agencies such as the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), California Department of Transportation (Caltrans), HUD, USACE, USFWS, and US Forest Service (USFS). Additionally, the team has an excellent working relationship with tribal representatives throughout California. Chambers Group team is prepared to support the City in all areas of cultural resources as required under CEQA,and/or Section 106 of the NHPA, as amended. Should a project involve HUD, cultural and paleontological assessments will include a discussion of the project's compliance with statutes,executive orders, and regulations listed at 24 CFR 50.4,58.5 and 58.6. Archaeological Reconnaissance Surveys: To satisfy State requirements, Chambers Group archaeologists will conduct Archaeological Reconnaissance Surveys(if necessary)of project areas.Our archaeologists are equipped with sub-meter accurate Global Positioning System (GPS) units that can have proposed project boundaries delineated ahead of time to document areas assessed, areas with limited access/visibility,and to develop a sensitivity map based on the literature review and survey. Survey notes include descriptions of the survey area(s), site conditions, and other relevant observations. Archaeological/Paleontological Technical Reports:After completing Archaeological Literature Reviews and Archaeological Reconnaissance Surveys, Chambers Group will prepare project-specific CEQA Archaeological Technical Reports which summarize literature reviews, survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources on the site, (f) recommendations, and (g) references cited. The reports will include current photographs and maps documenting site conditions summary of any archaeological resource findings observed. AB 52 Consultation: Chambers Group will perform AB 52 Tribal Consultation Support on behalf of the City if requested. As the Lead Agency,the City is required to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated Native American tribes within the geographic area(s). Our team will prepare notification letters that include a brief project description and a map of the proposed project. Then,we will consult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts to TCRs. Historical Resources Survey and Documentation: As needed, Chambers Group will conduct historical resources surveys to photo document and assess the current condition of historical resources. The historical resources will be recorded on appropriate DPR 523 series forms. In preparing the DPR 523 forms,the existing condition of the resources will be photographed and described in detail. We will prepare technical reports in compliance with CEQA standards. The reports will include historic contexts, a summary of field methods and results,significance evaluations of historic period resources under appropriate criteria. Air Quality, GHG, and Noise Analysis (Vista Environmental) Vista Environmental will provide the following tasks for conducting an air quality analysis, GHG analysis, and noise analysis for a project.The results of these studies would then be incorporated into the appropriate CEQA document,or in a standalone report. These tasks may vary depending on the project to be analyzed. Vista Environmental is also qualified to provide Energy and HRAs if required for a project.A detailed scope will be provided on a project basis. Air Quality and GHG Analysis:Santa Ana is located within the South Coast Air Basin and the air emissions in the Air Basin are regulated by the South Coast Air Quality Management District (SCAQMD). Specifically, the City is responsible for the assessment and mitigation of air emissions resulting from its land use decisions.The City relies on the expertise of Est RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP the SCAQMD and utilizes the SCAQMD CEQA Handbook as the guidance document for the environmental review of plans and development proposals within its jurisdiction. Vista Environmental's approach used for air quality analyses are dependent on if it is to be prepared for CEQA, NEPA, or Caltrans standards but typically includes identifying the air quality setting, obtaining the criteria pollutant concentrations from the nearest monitoring station, providing a summary of all applicable air quality regulations, identifying the applicable thresholds of significance, evaluating and quantifying regional criteria pollutant emissions from construction and operations through use of California Emissions Estimator Model® (CalEEMod), evaluating localized criteria pollutant concentrations through use of SCAQMD Look-Up Tables or through use of AERMOD, providing an odor analysis that identifies potential odor sources and sensitive receptors that may be impacted, and determining if any thresholds have been exceeded and,if necessary,providing mitigation to reduce impacts to less than significant levels. The approach used for GHG emissions analyses typically includes identification of GHG pollutants and their impacts to climate change, identification of applicable plans, policies and regulations and thresholds of significance, evaluation, and quantification of GHG emissions from construction and operations through the use of CalEEMod,determination of any thresholds have been exceeded, and if necessary develop mitigation to reduce impacts to less than significant levels,and provide a consistency analysis to determine if the project would conflict with any applicable plan for reducing GHG emissions. Noise Impact Analysis: Vista Environmental's approach used for noise analyses typically includes identifying noise sources in the project study area, obtaining noise measurements of the existing ambient noise levels in the vicinity of the project site,evaluating construction-related noise impacts at the nearby sensitive receptors through use of Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM), utilizing FHWA's RD-77-108 or TNM noise models to model traffic noise increases created by the project, utilizing reference noise measurements and standard drop-off rates or the SoundPlan model to analyze noise impacts from non-transportation noise sources, and determining if any thresholds have been exceeded and,if necessary,providing mitigation to reduce impacts to less than significant levels. Phase I ESA (Converse) Converse will generally follow the standard practices of the American Society for Testing Materials(ASTM) Phase I ESA Process (Standard: E1527-13) and HUD Guidelines. The ASTM Standard E1527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA),that is,the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice.The following Scope of Services is proposed: 1. Review of regulatory agency records, aerial photographs, fire insurance maps, city directories, building permits, United States Geological Survey(USGS)topographical maps and other non-standard historical sources. 2. Visual survey of property and adjacent sites for indications of potential for contamination or contamination generators. 3. A reasonable attempt will be made to interview the owner(s), site manager(s), and major occupant(s), and to contact State or local government officials. 4. Prepare report signed by an Environmental Professional for electronic submittal. Phase II ESA and Soil Testing (Converse) The objectives of a Phase II investigation are to:evaluate the likelihood that potentially hazardous materials are present at the site;assess the nature and concentrations of the chemical compounds;assess the vertical and horizontal extent of impacted soil through testing, as well as the impact to groundwater; determine if the subject property will require some form of remediation and evaluate the most feasible remedial alternative to remediate the site. The scope of services for a Phase II investigation is typically based on the results of a Phase I ESA and/or other Phase II investigations. Phase II investigations may include the following:a Geophysical Survey,collection and testing of soil,soil vapor, indoor air, and/or groundwater samples,field screening of samples, and/or laboratory analysis of samples. RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP Converse will generally follow the standard practices of the ASTM Standard Practice for Environmental Site Assessments: Phase II ESA Process (ASTM E1903-19). If a Soil Gas Survey is to be completed, it will be in general accordance with the Advisory-Active Soil Gas Investigations by the California Department of Toxic Substances Control (DTSC) and California RWQCB,dated July 2015. Lead and Asbestos Testing, Monitoring and Clearance (Converse) Asbestos Survey: The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized. 1. Visual survey of the structure on-site for suspect asbestos-containing materials and homogeneous areas(areas that have uniform color, texture, and appearance). If construction plans and/or specifications are available, Converse can review these items to help in the identification of potential asbestos-containing materials (ACMs). Suspect materials will be divided into friable and non-friable materials.The homogenous materials will be placed in one of the following Environmental Protection Agency(EPA) categories: • Surfacing Materials (sprayed or troweled-on materials) • Thermal Systems Insulations(materials generally applied to various mechanical systems) • Miscellaneous Materials (any materials which do not fit in the above categories) Accessible interior and exterior areas will be sampled for the presence of asbestos. Destructive sampling will not be performed. Samples of general building components (i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout the building. Converse will not make a second effort to survey building,or portions of building, not accessible during the field reconnaissance. No destructive sampling methods will be employed during this survey. Therefore, void spaces between walls, floors, ceiling or below soil level will not be observed or sampled. 2. Collect samples of suspect ACMs in representative homogenous areas determined by visual examination and review of plans. Up to 80 bulk samples will be collected following accepted EPA procedures and will be analyzed for asbestos content. The strategy for the collection of asbestos samples will be in accordance with EPA guidance document "Asbestos in Buildings:Simplified Sampling Scheme for Friable Surfacing Materials,"EPA 560/5-85-030a, October 1985,40 CFR 763 (AHERA), and appropriate air pollution control district regulations. According to Occupational Safety and Health Administration(OSHA) Regulation 29 CFR 1926.1101,a minimum of three samples must be collected of each suspected ACM. 3. During the collection of bulk samples, damage to the materials sampled is often necessary to obtain representative samples. Converse will attempt to collect the bulk samples in inconspicuous locations(behind doors, in closets, in corners);however,it will not always be possible,and sample locations will be visible to the owner/occupant/tenant. Converse will patch interior plaster/drywall sample locations and exterior stucco walls with patching materials. However, Converse will not be held responsible for the quality or usefulness of the patching repairs. Samples of vinyl flooring materials will not be patched but will be encapsulated with spray adhesive. In addition to the bulk samples collected from the interiors of the building, samples will be collected from the roofs and exteriors of the building. However,Converse does require written authorization for roof sampling. Please note that puncturing a roof membrane will typically invalidate any warranty for the roof. In addition, Converse does not guarantee the quality or usefulness of roof patching material. 4. Samples collected will be processed for shipment to an accredited laboratory following Environmental Protection Agency (EPA) protocol and chain-of-custody procedures. Samples at the laboratory will be analyzed, on a normal turnaround basis(5 business days),for asbestos content using polarized light microscopy (PLM). The results of the survey will be evaluated to determine if asbestos-containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain asbestos,and a field generated sample location map.An electronic file(portable document format [PDF]format) of the final document will be provided to the Client. Est z ‘' RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP Lead-based Paint (LBP) Survey: The LBP Survey will be limited to the predominant style of accessible components that are present in the building. The survey will be performed using a direct reading x-ray fluorescent (XRF) device. Based on Converse's understanding of the property, and the client's needs, budget and schedule as presented,the following Scope of Services is proposed: 1. Visual survey of the areas for representative painted surfaces.Accessible areas will be surveyed.Samples of general building components (i.e.,visually identical surface paints)will be assumed to be representative of materials used throughout the building. 2. The limited survey is intended to identify representative painted surfaces.The survey is not intended to identify all painted surfaces or comply with HUD Guidelines, unless stated elsewhere in final project scope of work. The results of the survey will be evaluated to determine if lead is present in the surveyed paints.The XRF logs will be provided in the final report.The logs will contain the following information: paint color of component tested, type of substrate, lead concentration, and condition of paint. The results of the LBP Survey will be incorporated into the Asbestos Survey Report. Lead Risk Surveys: Converse will follow HUD Guidance Document Chapter 5 for Risk Assessment and Reevaluation. Scope will include: 1. Determine scope. 2. Interview residents and/or owners. 3. Survey building condition. 4. Determine whether units will be sampled and,if so,select units. 5. Conduct visual assessment. 6. Conduct dust sampling. 7. Conduct soil sampling. 8. Conduct paint testing as needed. 9. Sample tap water(optional). 10. Interpret the laboratory results. 11. Analyze data and discuss with client. 12. Prepare report. Limited Polychlorinated Biphenyls (PCB) Caulking Survey:The PCB Caulking Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized as the structure is occupied. 1. Visual survey of the structure on-site for locations and condition of the caulk.Areas to be assessed include: • Caulk used to seal doors,windows and expansion joints including any areas where caulk was removed and/or replaced during past renovations. • Caulk found inside the building on the floor,windowsills, ledges,concrete joints, or other areas. • Interior halls and common use areas, particularly in areas where there is a potential for caulk to be touched or peeled away by a person. • Exterior areas, particularly in areas where there is a potential where the caulk may have impacted soil in a frequently used area such as a garden, play areas, bus stops and children pick up areas. 2. Bulk samples will be submitted to an accredited laboratory and analyzed by EPA Test Method 8082 on a standard turnaround time of 5 to 7 business days. 3. The limited survey is intended to identify representative caulking materials.The survey is not intended to identify all materials. The results of the survey will be evaluated to determine if PCBs are present in the collected and analyzed samples.The analytical test results will be presented together with the sample locations,a list of materials surveyed found to contain PCBs, and a field generated sample location map. Inventory of Other Hazardous Materials: Converse will inventory the following within the building: • Fluorescent Light Fixtures • Thermostats • Drums and/or containers of Hazardous Materials The fluorescent light fixtures will not be disassembled to access and observe the ballasts. Converse will assume one ballast is located within each florescent light fixture. All homogenous light fixtures will be assumed to be the same throughout a particular building. = Est 'sre�` 1979 c:up, RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP Thermostats will not be disassembled to observe if mercury is present or not.The thermostats will only be inventoried. Drums and/or containers of chemicals or hazardous materials will also be inventoried. Unlabeled drums or containers will not be opened by Converse. The inventory will be provided in a section of the Asbestos and LBP Survey Report. Regulation: Converse understands that it may be required to assist the City in working with various outside governmental agencies, including but not limited to,the applicable planning commissions and departments;the DTSC; RWQCB; SCAQMD; California Department of Education (CDE); Division of the State Architect (DSA); and the Office of Public-School Construction (OPSC).Their many years of experience in this field has yielded the necessary knowledge to nurture such relationships. L)USC: Converse has completed various assessments and documents that were reviewed and approved by DTSC.Their work for the various school districts has included: • Phase I ESAs and CDE Checklists • PEA Workplans, Human HRAs,and Scoping Documents • Removal Action Workplans and Remedial Action Plans • Public Notices and Health and Safety Plans • Quality Assurance Project Plans • Supplemental Site Investigations, Removal Action Workplans& Removal Action Completion Reports The DTSC has a cost recovery program and those completing assessment activities and cleanups under their oversight execute an agreement for cost reimbursement. A phased approach is implemented with components including: • Preliminary Assessment • Soil and Water Investigations • Interim Remedial Measures • Risk Assessments • Establishing Cleanup Goals and Plans • Implementation and Monitoring RWQCB: Like the DTSC, the RWQCB has a cost recovery program. Converse almost always completes the Phase I ESA before the RWQCB is approached. In some cases, it is the findings of the Phase I ESA that initiates the contact (Well Investigation Plan Listing or EPA Superfund Area listed Responsible Party). Converse has completed site investigations and cleanup under the oversight of the RWQCB. SCAQMD: Converse has complied with permitting requirements for various projects and has prepared permit applications and workplans for compliance with landfill clean closure requirements. They have also generated and submitted asbestos cleanup workplans prior to commencing abatement activities. Other Agencies: HUD provides applicable regulation and guidance documents for assessments, surveys, and risk assessments.Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing(2012)will be followed. Phase I and II ESAs will be completed in accordance with HUD guidance documents and ASTM Standards E1527 and E1903. Transportation Assessments (LLG) Vehicle Miles Traveled (VMT) Analysis: LLG will coordinate with City staff to determine if the proposed Project satisfies any of the VMT screening options per the City's guidelines. If screening options are satisfied, LLG will prepare a brief memorandum indicating how the proposed Project satisfies the City VMT screening. If a full VMT analysis is required, LLG will coordinate with City staff to define the study area as the size and shape of the study area can affect the analysis. They will determine the analysis scenarios and confirm the approach for the VMT analysis.Assuming the use of the Orange County Transportation Analysis Model 5.0(OCTAM 5.0), LLG will conduct with and without project VMT model runs. The without project scenario will assume existing or community plan/general plan land uses.Compare the project VMT for the project against the City VMT.They will determine the project impact . Est ode 1974 uu.. RFP #24-038A: On-Call Environmental Review Services for C HAM B E RS the Housing Division City of Santa Ana GROUP based on the City CEQA Assessment—VMT Analysis Guidelines.If necessary, LLG will recommend appropriate mitigation measures to reduce the impact. They will provide the project team a toolbox of potential mitigation or project alternatives for consideration in the analysis. Utilize the California Air Pollution Control Officers Association (CAPCOA) standards or the local guidelines and determine if the selected mitigation measures reduce the project's VMT impacts to less than significant. LLG will prepare a draft memorandum, which details all the above-mentioned items, their findings, and conclusions. The draft memorandum will be submitted for the City's review and review by appropriate members of the project team. If necessary,they will update the draft memorandum based on Project team comments and submit a final VMT analysis memorandum to the City. Traffic Impact Analysis (TIA): LLG will confirm the development description of the proposed project with the project team and work schedule.They will coordinate with City staff to confirm the scope of work for the TIA(i.e., number of study intersections). LLG will visit the project study area and inventory existing roadway conditions. They will research existing historical traffic count data at the key study intersections located within the vicinity of the proposed project site.LLG will conduct a.m. peak period and p.m. peak period manual turning movement counts at the key study intersections identified to be evaluated by City staff.They will coordinate with City staff to obtain cumulative project information. They will prepare trip generation forecasts for the proposed Project for a typical weekday over a 24-hour period, as well as for the commuter a.m.and p.m. peak hours.The trip generation forecasts will either be estimated based on the application of trip rates included in Trip Generation, 10th Edition, published by ITE (2017) or based on the operations of the facility. LLG will develop a.m. peak hour and p.m. peak hour"existing plus project", "near-term cumulative plus project" and "long-term plus project" traffic volume projections for the key study intersections. They will prepare a.m. peak hour and p.m. peak hour"existing plus project", "near-term cumulative plus project" and "long-term plus project" Level of Service(LOS)calculations at the key study intersections.Where necessary,the traffic study will identify the appropriate intersection improvements to offset the proposed Project's traffic impacts. LLG will then prepare a draft report that details all of the above-mentioned items, their analysis, findings, and conclusions.The draft report will be submitted for review and review by appropriate members of the project team. If necessary,the report will be updated based on project team comments,and a final report will be submitted to the City. Est '2 �' 1979 www.chaIT1he_rsgroupinc corn EXHIBIT B FEDERAL REGULATIONS a. Federal Regulations—Recipient must comply with the government cost principles,uniform administrative requirements and audit requirements for federal grant program housed within Title 2,Part 200 of the Code of Federal Regulations. b. Debarment and Suspension—As required by Executive Orders 12549 and 12689, and 2 CFR§200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three(3)years from the date of submission of the final expenditure report by the City of Santa Ma. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled,whichever is later, Recipient shall preserve and maintain all documents,papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports -Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f Americans with Disabilities Act of 1990- (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity- None of the funds, materials,property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying-Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant,loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity -Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990); Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race,color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity- Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled `Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations(41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code -Recipient will comply, and all its contractors(or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland Anti-Kickback Act -Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti-Kickback" Act(40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor—Contractors shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts—Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach—A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety-Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations(29 CFR Part 5), as applicable. o. Clean Air Act- Recipient will comply, and all its contractors(or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation-Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act(42 U.S.C. 6201), as applicable. q.Waste Disposal -Recipient will comply, and all its contractors(or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights-Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Copyright-Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency(SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1)the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (3)Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion, sex, sexual orientation,gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP Chambers Group Estimated Costs Below are the estimated costs in preparing our services. Service Approx.Cost Initial Studies $7,000—$15,000* Categorical Exemptions/Exclusions $3,000-$8,000* Negative Declarations/Mitigated Negative Declarations(including noticing and MMRP) $10,000-$45,000* Air Quality/GHG/Energy Analysis/Noise $4,000-$10,000* Biological Survey and Technical Memorandum $5,000-$15,000* Cultural Report $5,000-$20,000* Environmental Permitting $8,000-$25,000* Traffic Study(VMT Only or LOS Only) $20,000-$50,000* AB 52 Consultation $3,000-$8,000* Environmental Mitigation, Monitoring,and Implementation Measures $10,000-$30,000* *Actual costs will depend on the project features,level of analysis required,required meetings and public hearings,and level of agency coordination required. Each price is for a stand-alone deliverable. Most assignments included multiple services from the list above. Standard Rate Sheet for Chambers Group follows this page. Chambers Group understands the City will allow escalation of rates for the 5-year term as long as it is supported by the current Consumer Price Index. -"'- Est --,+l‘`1979 www.chambersgroupinc.com RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP Billing Rates Effective January2024 STAFF.Charges for all professional,technical,and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly "Billing Rates." Billing Rates include fringe benefits,burden,and fee. Staff Title Rate Staff Title Rate Senior Director $260.00 Director $231.00 Project Manager 4 $221.00 GIS Technician 4 $174.00 Project Manager 3 $200.00 GIS Technician 3 $145.00 Project Manager 2 $168.00 GIS Technician 2 $128.00 Project Manager 1 $152.00 GIS Technician 1 $117.00 Environmental Planner 7 $217.00 Cultural Resources Specialist 7 $194.00 Environmental Planner 6 $194.00 Cultural Resources Specialist 6 $171.00 Environmental Planner 5 $184.00 Cultural Resources Specialist 5 $161.00 Environmental Planner 4 $161.00 Cultural Resources Specialist 4 $141.00 Environmental Planner 3 $137.00 Cultural Resources Specialist 3 $123.00 Environmental Planner 2 $124.00 Cultural Resources Specialist 2 $110.00 Environmental Planner 1 $112.00 Cultural Resources Specialist 1 $87.00 Biologist/Botanist 7 $217.00 Technical Editor $116.00 Biologist/Botanist 6 $194.00 Project Controls Specialist $105.00 Biologist/Botanist 5 $184.00 Word Processor $84.00 Biologist/Botanist 4 $161.00 Clerical/Technician $74.00 Biologist/Botanist 3 $137.00 Biologist/Botanist 2 $124.00 Biologist/Botanist 1 $112.00 Restoration Construction Superintendent $110.00 Restoration Specialist 3 $84.00 Foreman/QAL $95.00 Restoration Specialist 2 $63.00 Crew Lead $74.00 Restoration Specialist 1 $53.00 Vista Environmental Senior Analyst Hourly Rate: $140.00 3 Est ��iP� 1979 www.chambersgroupinc.com RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Environmental Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions.Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.Note: This fee schedule is valid through 3129/27 or the first three years of the contract for On-Call Environmental Services with Chambers Group/City of Arcadia. Hourly Charges for Personnel Staff assignments will depend on personnel availability,job complexity,project site location,and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services(hourly rate including vehicle and equipment) Construction Inspector—ACl/ICC and/orAWS/CWI certified(concrete,post-tension,masonry, structural steel,fireproofing;includes concrete batch plant and local steel fabrication inspections) $145 DSA Masonry Inspector 145 Non-Destructive Testing Inspector(ultrasonic,magnetic particle,dye penetrant,skidmore,pull testing, torque testing,Schmidt hammer,and pachometer) 150 Coating Inspector/Coring Technician 150 Soils Technician(soil,base,asphalt concrete,and moisture emission testing) 145 Sample Pick-Up 60 Professional Services(consultation for field and office,if requested) Staff Professional $145 Senior Staff Professional 155 Project Professional 165 Project Manager 175 Senior Professional 175 Principal Professional 225 Principal Consultant 235 Laboratory Testing Laboratory Technician Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor $100 Office Support Clerical/Word Processing $90 Drafting 90 CAD Operator/Drafting Manager 95 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law.Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses(drilling,trenching,etc.)are charged at cost plus fifteen percent. 2. Travel and subsistence expenses(transportation, room and board,etc.)for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent(rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses(aerial photos,long-distance telephone calls,permits,bonds,outside printing services, tests,etc.)are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis,and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due,Converse may immediately cease work hereunder until said payment,togetherwith a service charge at the rate of eighteen percent per annum(but not exceeding the maximum allowed by law)from the due date,has been received. Further,Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys'fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full.If a copy of the General Conditions does not accompany this fee schedule,Client should request a copy from this office. Converse Consultants PW2024 Enviro Amor Est ✓R'' 1979 www.chambersyroupinc.com RFP #24-038A: On-Call Environmental Review Services for CHAMBERS the Housing Division City of Santa Ana GROUP FEE SCHEDULE IIr Effective January 1,2024 2 Executive Circle Suite 250 TITLE PER HOUR Irvine,CA 92614 949.825.6175 r Principals 949.825.5939 F Principal Engineer $ 298.00 www.11gengineers.cem Associate Principal Engineer $ 268.00 Planning/Design Manager $ 249.00 Pasadena Irvine San Diego 1 ransportation Engineers Senior Transportation Engineer $ 226.00 Transportation Engineer III $ 200.00 Transportation Engineer II $ 171.00 Transportation Engineer I $ 147.00 Transportation Planners Senior Transportation Planner $ 200.00 Transportation Planner III $ 171.00 Transportation Planner II $ 146.00 Transportation Planner I $ 130.00 Signal System Specialist Senior Signal System Specialist $ 226.00 Signal System Specialist III $ 200.00 Signal System Specialist II $ 171.00 Signal System Specialist I $ 147.00 Technical Support Engineering Associate III $ 150.00 Engineering Associate II $ 145.00 Engineering Associate I $ 140.00 Engineering Computer Analyst II $ 138.00 Engineering Computer Analyst I $ 109.00 Senior CADD Drafter $ 140.00 CADD Drafter III $ 130.00 CADD Drafter II $ 115.00 CADD Drafter I $ 98.00 Senior Engineering Technician $ 140.00 Engineering Technician II $ 130.00 Engineering Technician I $ 99.00 Word Processor/Secretary $ 92.00 Engineering Aide $ 70.00 David S.Shender,PE John A.Bearman,PE Public Hearing and litigation support may be charged at 125%of the base rate. Consultation in connection with litigation and Richard E.Barrens,PE Court appearances will be quoted separately. Keil D.Maberry,PE Project-related mileage will be billed at the prevailing standard mileage rate as determined by the IRS.Subcontractors and other KC Yellapu,PE project-related expenses will be billed at cost plus 15%. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Dave Roseman,PE Interim and/or monthly statements will be presented for completed work. These will be due and payable upon presentation Shankar Ramakrishnan,PE unless prior arrangements are made. A finance charge of 1.5%may be charged each month on the unpaid balance. MLB2WB Company Founds t1{t/�� Est 1979 www.chambersgroupinc.com _,.."" CHAMGRO-01 RENAS 4�RLY CERTIFICATE OF LIABILITY INSURANCE DAT/15/2DWYYY) 5/1 512 0 24 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#0M10410 Nrdl�TEACT Armstrong1Robitaille/Riegle Business and Insurance Solutions (A/C,No,Ext:j949)381-7700 I FAX No):(949)861-9429 1500 Quail St,Suite#100 p�L Newport Beach,CA 92660 ADDRESS a r nf:(palera,r•u mAngie �' .,ns ��r �M. ,i�• NAIC# INSURERA I'�utilus Insurance Company 17370 INSURED INSURERB t 1,, n a $5 Chambers Group Inc. INSURER ni'J e 0 t �� V��27847 3151 Airway Ave, F208 INSURER I'Cost Costa Mesa,CA 92626 . IF./I�afl • IfST-I� ' REF' •,, R COVERAGES C M- 4:E- Ira • • • ` ON a Tr, a • Y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWI-IJE BEEN ISSUE+ W. - R a ,,- ED .• E ?. E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT*$ 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 NUMBER POLICY EFF POLICY EXP LTRINSD WVD IMM/DDM'YY1 IMM/DDWYYY) 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 R EMIBES(EaoCOUrDnce) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL S.ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: _ $ B AUTOMOBILE LIABILITY (Ea acccidentSINOI. LIMIT $ 1000Ggg X ANY AUTO X X BAP2037737.12 5/12/2024 5/12/2025 Booty INJURY(Per person) $ AAUgTOS ONLY SCHEDULED SSWDLEED pBODILY INJURYp (Per accident) $ X AUTOS ONLY X Mee llerraccident)AMAGE $ $ A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESSLIAB CLAIMS-MADE FFX2026322-16 5/12/2024 5/12/2025 AGGREGATE $ 10,000,000 DED RETENTIONS $ C AND EMPLOYERS COMPENSATION X PER STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVEY/N X WSD 505523304 5/12/2024 5/12/2025 1,000,000 A�FFFILEWWMEEMBERq EXCLUDED? NIA E.L.EACH ACCIDENT $ (MandatoryIn NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 7,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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) Re:On-Call Environmental Review Services-for Housing Division City of Santa Ana,Its City Council,its officers,officials,employees,agents,and volunteers are included as additional insureds for General Liability, Professional Liability,and Automobile Liability policies,with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials,parts,equipment,and personnel furnished in connection with such work or operations per the attached forms. Waiver of Subrogation applies to General Liability,Professional Liability,and Automobile Liability policies per the attached forms. Primary and Non-Contributory coverage applies to General Liability,Professional Liability,and Automobile Liability policies per the attached forms. 30 Day notice of cancellation applies with the exception of 10 days for non-payment of premium per the attached forms.$25,000 SIR applies to the Professional Liability coverage. Professional Liability Aggregate:$2,000,000. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE ,I City of Santa Ana THE EXPIRATION DATE THEREO allnliMr ACCORDANCE WITH THE POLICY PR( Attn:Executive Director,Community Development Agency «- � ManBB`Y^e�)t ci d°IO11 20 Civic Center Plaza M-25,P.O.Box 1988, i1A( i REVIEWED&APPROVED BY: r. Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ) ti.9. Add ( Rkh Management Speciah%t I ACORD 25(2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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). The additional premium for this endorsement shall be 2 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description Any Person/Organization for whom the All California Operations Named Insured is required underwritten contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/12/2024 Policy No. WSD 5055233 04 Endorsement No. Insured CHAMBERS GROUP INC Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By RiekManageneneoMslon ( � REviEWEo&APPROv®BY: : kftijAlft tia4144 WC 99 06 34 ' Risk Mutagement specOnst (Ed. 8-00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. gyp. 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. sPs s s 'WaltManageme41X4etmt .0 REviEwE0 APPRovaa BY:/444?Acadia iltralLRI*Managenentspectahst A ECP 1234 10 21 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 1 of 1 POLICY NUMBER: BAP2037737-12 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: Chambers Group, Inc. Endorsement Effective Date: 05/12/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by 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. ���yyy,. RlakManagententOhIston I e% REVIEWED&APPROVED BY: 11040 isna4 . tihk Mamgernent$paahgt @ - CA 04 4410 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy#: BAP2037737-12 COMMERCIAL AUTO CA04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance - Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". as,t204, ItiskINimagementDivision sY — Rol o&PrrRovEoBv: l,.i ., eh*ilaVetto ' Risk WragetnuttSptTtsant, CA 04 49 11 16 ©Insurance Services Office, Inc., 2016 Policy#: BAP2037737-12 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO -ADDITIONAL INSURED -WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II—Liability Coverage A.—Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. wskManegcncniDlvislmi REVIIhwEo&MSov®sr: Pole Aatail, RatcMauauement$pettelist: • Includes copyrighted material of Insurance Services Office,Inc.,with its permission. BENV CA 06 09 17 Page 1 of 1 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 Dafe ECP2026303-16 5/12/2024 5/12/2025 5/12/2024 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. 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. tom Rlekhlanegmneit0iWelon REVIEWED&APPROVED fir w n IU@t managemont:Specialist 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, D.1 &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 Ill—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 D.4— 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 1.1.; or 2. Available under the applicable limits of insurance; Ris. gin tovelon whichever is less. l � Rayswen&rvnaavrna i This endorsement shall not increase the applicable limits of insurance. t fkED Risk 6lae�getnentSpe<taltst 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. Rialatanagenept Divistan eensweostmovEntir {- trick Nhnagemeat:Spect l8t. 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,. D.1 &"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 D.4—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 nt Division b. Bodily injury or property damage occurring after: f^_,° I8 ED&.,aneOVEDSY: (1) All work, including materials, parts or equipment furnished in connection with su s Rnerho&Araaovmsr: SC 1111aG). A44416424 than service, maintenance or repairs)to be performed by or on behalf of the addith 'immusrastRisk Ma ayemenfs ecralis of the covered operations has been completed; or 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. 2 WekManagencntDivielan $I` REVIK(Eo&nrrl#own 9y:Ase Asia r Risk Managem€ntSpectalig ECP 1246 01 21 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 2 of 2