RFQ_2023-18_A5_CADV_CEQA_PEIR_Exh.A_Scope_of_Work_FINAL.docx

Request for Qualifications (RFQ) #2023-18 | Model Contract Exhibit A Page 1 of 4 State Lands Commission | [Firm Name]

CADV CEQA PEIR

EXHIBIT A

SCOPE OF WORK

Introduction and Background Comment by Beard, Kevin@SLC: The Firm shall update the red portion of header with the Firm's business name.

Established in 1938, the California State Lands Commission (Commission or CSLC) is primarily a land and resource trust manager. It manages approximately 4 million acres of California's sovereign public trust lands and resources that were received upon admission into the Union in 1850. The Commission enforces the protections of the Public Trust Doctrine, the State’s property rights, and important environmental quality and marine pollution prevention laws. As part of these protections the Commission has the authority to declare trespassing vessels abandoned, to take title to the vessels, and to direct their disposition, including disposal.

The Sacramento-San Joaquin Delta (Delta) is a critical resource for California. It is the center of the state’s freshwater transportation infrastructure, and is valuable for agriculture, recreation, and natural resources. For purposes of this Agreement, the Delta is defined as the Legal Delta (California Water Code § 12220) but not including any portion of Suisun Bay. The Delta includes critical shipping channels that support the state economy. The many rivers, cuts, and sloughs comprising the Delta are also littered with Commercial Abandoned and Derelict Vessels (CADV), relics of the state’s maritime industry. The Commission has direct jurisdiction over many of the Delta’s waterways and residual jurisdiction over waters managed by local agencies.

In 2019, the Commission approved the Delta CADV removal program and determined that the program should include: 1) a California Environmental Quality Act (CEQA) Program Environmental Impact Report (PEIR) to assess potential environmental impacts in the Delta associated with CADV abatement activities; 2) studies, including a survey to locate and assess the current inventory of CADV in state waterways in the Delta; and 3) vessel prioritization to leverage the limited funding and Commission and agency partner resources for the greatest public benefit.

The CADV Program will identify, prioritize, remove, and dispose of CADV from aquatic environments in the Delta. CADV may be found floating, grounded, moored, sunk, or submerged in open water, near shore, and vegetated fringes. Many CADV will contain hazardous substances, including petroleum, fuels, oils, greases, asbestos, paint, mercury, and household hazardous waste. CADV may contain sediment or be partially covered or buried by sediment. Some CADV may be towed, placed onto barges, or lifted onto shore for off-site demolition; for others, in-water demolition may be more feasible. The CADV Program does not intend to examine CADV located on land.

CEQA Guidelines provide that a PEIR may be prepared for a series of actions that may be characterized as one large project and that are related geographically, as logical parts in a chain of contemplated actions, connected to the planning of a continuing program, or as individual activities carried out under the same statutory or regulatory authority. Use of a PEIR can provide for full consideration of cumulative impacts, avoid duplicative analysis, allow the lead agency to consider broad policy alternatives and mitigation measures at an early stage, and reduce paperwork (State CEQA Guidelines, § 15168).

Purpose The purpose of this Agreement is to contract for environmental services with a consultant Firm to assist in the preparation of a PEIR for the Commercial Abandoned and Derelict Vessels (CADV) Program. The CADV PEIR shall comply with Public Resources Code § 21000 concerning CEQA.

References Background information on the CADV Program is provided on the Commission’s website: Abandoned Vessels on State Waterways Project Components

1) Services & Deliverables

a) The Firm shall prepare a PEIR for the CADV Program. The CADV PEIR shall comply with CEQA (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs. tit. 14 § 15000 et seq.).

b) The Firm shall provide all labor, equipment, software, transportation, supplies, and materials necessary to complete the scope of work.

i. Firm shall prepare all text documents with the latest versions of Microsoft Word and ArcView/GIS (mapping).

ii. Text shall be formatted in 8 ½” x 11” configuration. Presentation graphics for public meetings will be a minimum of 22” x 34” in hardcopy format and in Microsoft PowerPoint.

iii. Firm shall submit work electronically for use by the Commission, including information posted publicly on the Commission’s website. Electronic files shall be submitted in the original software format, such as Microsoft Word, ArcView, Adobe Creative Suite programs, and in .pdf format, when needed for website posting as noted in the following work tasks.

iv. The PEIR and supporting documents to be posted on a State website shall comply with State accessibility requirements (see Section 5.9.3 for more information).

c) The Firm shall develop a schedule and final estimated cost for each task requested consistent with the cost rates provided during negotiations with the Commission’s Project Coordinator.

d) The PEIR shall contain sufficient information to fully comply with all appropriate and applicable CEQA requirements.

e) The Firm preparing the PEIR will be expected to:

i) Provide the full range of expertise required to complete the PEIR and all supporting technical studies and take the initiative to advise Commission staff of necessary efforts required in support of the PEIR.

ii) Assess information, for relevance and accuracy, provided by the Commission; public, agency, and non-governmental organization stakeholders; and tribal nations.

iii) Conduct independent relevant environmental studies if needed (to be identified as Optional Tasks).

iv) Identify consultation requirements and agencies that may have approval or oversight over, or a vested interest in, aspects of the CADV Program and develop proposals to meet applicable requirements and resolve any conflicts.

2) Potential Responsible, Coordinating, and Consultation Agencies/Entities

a) Local and Regional Agencies

i) Bay Area Air Quality Management District (BAAQMD)

ii) Sacramento Metro Air Quality Management District (SMAQMD)

iii) San Joaquin Valley Air Pollution Control District (SJVAPCD)

iv) Yolo-Solano Air Quality Management District (YSAQMD)

v) Solano County

(1) Sheriff’s Office

(2) Department of Resource Management

vi) Contra Costa County

(1) Sheriff’s Office

(2) Department of Public Works

(3) Department of Conservation & Development

vii) Yolo County

(1) Sheriff’s Office

(2) Department of Community Services

viii) San Joaquin County

(1) Sheriff’s Office

(2) Environmental Health Department

(3) Department of Public Works

ix) Sacramento County

(1) Sheriff’s Office

(2) Environmental Management Department

(3) Waste Management and Recycling Department

b) State Agencies

i) Division of Boating and Waterways (DBW)

ii) California Department of Fish and Wildlife (CDFW)

iii) Delta Stewardship Council

iv) Central Valley Regional Water Quality Control Board (RWQCB)

v) California Department of Resources Recycling and Recovery

vi) California Department of Toxic Substances Control

vii) Central Valley Flood Protection Board (CVFPB)

viii) Delta Protection Commission

ix) Sacramento-San Joaquin Delta Conservancy

x) California Department of Transportation – Districts 3, 4, and 5

c) Federal Agencies

i) U.S. Environmental Protection Agency (USEPA)

ii) U.S. Army Corps of Engineers (USACE)

iii) U.S. Coast Guard (USCG)

iv) U.S. Fish and Wildlife Service (USFWS)

v) National Oceanic and Atmospheric Administration (NOAA)

vi) National Marine Fisheries Service (NMFS)

d) Tribal Nations – Follow State policy as directed by Commission staff, in accordance with the Commission’s Tribal Consultation Policy and the Tribal Consultation Policy adopted by the California Natural Resources Agency on November 12, 2012.

3) Potential Impacts – Based on initial internal scoping, the Project may potentially affect, or have no impact on, the environmental factors listed below; staff may revise this list based on comments received during scoping or other reasons.

a) Potential Impacts

i) Aesthetics

ii) Air Quality

iii) Biological Resources

iv) Cultural Resources

v) Cultural Resources - Tribal

vi) Geology/Soils

vii) Greenhouse Gas Emissions

viii) Hazards and Hazardous Materials

ix) Hydrology and Water Quality

x) Noise

xi) Recreation

xii) Transportation/Traffic

b) Potentially No Impact

i) Agriculture and Forestry Resources

ii) Land Use and Planning

iii) Mineral Resources

iv) Population and Housing

v) Public Services

vi) Utilities and Service Systems

vii) Wildfire

c) Other Commission Considerations

i) Climate Change

ii) Environmental Justice

iii) Sea Level Rise

b) Administrative Record (AR) and References

i) Develop the Administrative Record methodology specific to the PEIR, in consultation with the Commission Project Coordinator and consistent with the Commission’s Instructions for the Preservation and Collection of Documents for Projects Subject to CEQA (attached).

ii) Ensure that all cited references include the most recent information sources known and available during the production of the PEIR. For lengthy published reference documents readily found in a library or on the internet, include only the cover, title page, and pages referenced.

iii) Compile and maintain an AR file/record of all references/technical reports used in preparing the PEIR, that:

(1) Document the applicable page numbers in each reference/document from which technical information is used.

(2) Flag for Commission Project Coordinator review, prior to use in the PEIR, any sources that were published more than 5 years ago, including sources used in conjunction with the most recent information sources known and available (e.g., for historical context to capture all information relevant to a particular resource area).

iv) Prior to distributing the PEIR, upload to the Project’s SharePoint site (link to be provided after contract awarded) copies of all documents or pages of documents referenced in the PEIR to ensure the Commission complies with State CEQA Guidelines section 15072, subdivision (g)(4) or section 15087, subdivision (c)(5).

v) Close out the AR at the time the Final PEIR is distributed to the public by providing to the Commission Project Coordinator via upload to the Project’s SharePoint site all documents referenced in the Final PEIR and all documents that are part of the AR to ensure the Commission complies with Public Resources Code section 21167.6.

c) Meetings

i) Arrange with the Commission Project Coordinator and facilitate meetings (via Microsoft Teams) as needed to ensure adequate progress towards Project completion and to identify and resolve issues that might delay progress; for the purpose of this bid, assume:

(1) One “kick-off” meeting to be held in-person or via Teams (TBD) and to be organized by the Firm.

(2) Teams meetings with the Commission Project Coordinator will be held every 2 weeks.

(3) Interagency meetings will be held quarterly with applicable (e.g., responsible and trustee) agency staff (may be in-person or via web conference (either Microsoft Teams or Zoom), as circumstances permit).

(4) Organize and attend two days of public scoping meetings on the Notice of Preparation (NOP) for the Draft PEIR (assume two meeting sessions will be held on each day). Commission staff shall arrange the meeting venues. The Firm shall provide for hybrid attendance with Spanish translation for online attendees. The Firm shall also provide Sign Language interpreters, as requested, for both in-person and online attendees. Firm shall prepare all necessary materials, and three (3) Firm staff shall attend the meeting in person, unless a smaller number of Firm attendees is approved by the Commission. The Firm shall also manage the online activity for comments made by the public attending virtually as well as take notes of public comments received from those attending in-person.

(5) Organize and attend two days of public meetings on the Draft PEIR, present the Draft PEIR and related information at the meetings, and arrange for a court reporter that will record the meeting proceedings and provide electronic and paper copies (if needed) of the meetings for inclusion in the AR (assume two meeting sessions will be held on each day). Commission staff shall arrange the meeting venues. The Firm shall provide for hybrid attendance with Spanish translation for online attendees. The Firm shall also provide Sign Language interpreters, as requested, for both in-person and online attendees. Firm shall prepare all necessary materials and three (3) Firm staff shall attend meeting in person, unless a smaller number of Firm attendees is approved by the Commission. The Firm shall also manage the online activity for comments from the public attending virtually.

(6) Attend, and participate in, as necessary, the Commission hearing for consideration of certification/adoption of the PEIR and Project.

(7) Participate in a post-Project web conference with the Commission Project Coordinator to evaluate aspects of the process that went well or could have been improved upon.

d) Project Start-Up/Coordination

i) Schedule – Develop and maintain the PEIR preparation schedule and provide regular updates to the Commission Project Coordinator.

ii) Data Gaps

(1) Evaluate the accuracy, validity, integrity, and completeness of environmental information provided by the Commission and responsible agencies.

(2) Review other sources to identify and evaluate potential environmental impacts and compliance requirements.

(3) Determine if additional environmental studies are needed and describe what would be required to conduct such studies.

(4) Submit an initial list of data gaps to the Commission Project Coordinator, and modify, track, and assist in determining how to resolve the data gaps based on feedback from the Commission Project Coordinator and data submittals by the Commission and responsible agencies.

iii) Regulatory Framework – Prepare for the Commission Project Coordinator’s review and maintain, based on the Commission Project Coordinator’s feedback, a list of agencies that may require permits or other approvals for the Project and a reference table of applicable regulations and policies to include in the PEIR.

iv) Mailing List – Develop and maintain a mailing list of interested and affected parties based on direction from the Commission Project Coordinator and provide updates of the list to the Commission Project Coordinator upon request. For all notices and documents sent to the public and agencies, keep a clearly labeled, dated copy of the mailing list for each specific mailing to ensure a permanent record in the AR. Any supplemental mailings should be similarly documented in writing for the AR.

v) Webpage Content – In coordination with Commission staff, provide content to update the Commission website. Content would include, but not be limited to, required CEQA notices, public meeting announcements, notifications for document availability, comment letters received, and responses to comments.

e) Notice of Preparation (NOP)

i) Firm will develop a draft NOP and revise the draft NOP per Commission staff comments. The Commission shall issue, file, and email the final NOP. Firm will be responsible for publishing the NOP in the local newspapers and mailing copies of the NOP, as necessary, to responsible and trustee agencies, adjacent property owners, and other interested parties.

ii) Firm will provide a scoping report that documents all NOP comments received in writing via U.S. mail as well as from the project-specific email address, and oral comments received during the scoping meeting(s). The Commission will establish the email address and collect the responses received during the 30-day NOP comment period. Firm staff will review and summarize issues raised in the comment letters, and the information provided shall be incorporated into the planning process and PEIR analysis as appropriate. The summary will serve as the scoping report.

iii) The Firm will coordinate the publication of newspaper notices with appropriate publications, including a Spanish-language publication if needed (Firm to provide translation).

iv) The Firm shall file the NOP with the Solano, Contra Costa, Yolo, San Joaquin, and Sacramento County Clerks.

v) The Firm will compile and maintain a mailing list of all commenters on the NOP.

f) Special Studies and Supplemental Information Gathering – The following is intended to provide initial guidance on baseline studies and required information anticipated for the PEIR. Additional studies and information may be identified as part of Task d(ii) Data Gaps. Existing data sources for baseline information shall generally be limited to 5 years or less.

i) General – In coordination with the Commission Project Coordinator, the selected Firm shall provide direction, recommendations, and conduct all relevant baseline studies for all environmental resources analyzed in the PEIR.

ii) Aesthetics – The selected Firm shall conduct surveys, compile photographs and aerial images, and gather other information to describe existing scenic resources for the Project study area.

iii) Biological Resources –

(1) The selected Firm shall conduct and provide all other relevant baseline studies pertaining to biological resources for the study area, along vessel transit routes, and at proposed port locations. The Firm shall also provide baseline studies/surveys to describe the CADV Program study area's existing setting for aquatic species and habitats pertaining to aquatic mammals, birds/bats, fish, amphibians, epifauna/infauna, benthic organisms/invertebrates, aquatic botanical species, identification of hard/soft bottom habitat types, nearshore/subtidal/intertidal setting, photobiotic zone setting, etc. In addition, the selected Firm shall conduct and provide all other relevant baseline studies pertaining to terrestrial biological resources for the study area in areas where removal of vessels may require assistance from land-based equipment.

(2) The selected Firm shall compile existing data sources and ensure the use of the most current data sources available for the PEIR.

(3) The Firm shall provide an inventory of all state/federal special status species and habitats with known and potential occurrences within CADV Program study area.

(4) The Firm shall run searches of the CDFW California Natural Diversity Database (CNDDB) and California Native Plant Society’s (CNPS’s) Online Inventory of Rare and Endangered Plants of California for current information on sensitive biological resources known from the Legal Delta area of effect and surrounding region. Firm shall also generate a USFWS list of federally listed species that may occur in Contra Costa, Sacramento, San Joaquin, Solano, and Yolo Counties and could be affected by CADV removal.

iv) Cultural and Tribal Cultural Resources – In coordination with the Commission Tribal Liaison and Commission Project Coordinator, perform record searches and compile information from various data sources.

v) Noise – A Firm noise specialist shall conduct a site visit and measure ambient noise levels in the general project area on a typical day. During the site visit the Firm shall conduct short-term (15 minute) and long-term (24-hour) noise measurements throughout the site to determine ambient noise levels. The location and number of noise measurements shall be determined by the Firm in consultation with Commission staff. The Firm shall calculate potential noise impacts from vessel removal using standard attenuation rates. Reference noise levels for construction equipment and operational noise will be used. The Firm shall develop a noise contour map for the PEIR.

vi) Traffic – Firm shall provide existing conditions vessel traffic analysis for the navigable waterways. This includes elements based on the potential vessel transit routes. The draft impact analysis, which shall include all appropriate text, tables, figures, and appendix materials, will be provided to Commission staff. After comment and response, the final vessel traffic study will be included in the PEIR. Results of the analysis shall be presented in a stand-alone report, using appropriate text, tabular, and graphic formats, that will provide existing conditions and reference material in the PEIR.

vii) Water Quality and Sediment Sampling – The Firm shall provide an existing conditions assessment for water quality as well as hazardous materials that may be present in riverbed sediments. The focus, extent, or scope of work for these additional technical studies cannot be determined with certainty at this time. The location and number of samples necessary shall be determined by the Firm in consultation with Commission staff. After a draft assessment report is submitted to Commission staff for comment and response, the final water quality and sediment studies report will be included in the PEIR. Results of the studies will be presented in a stand-alone report, using appropriate text, tabular, and graphic formats, that will provide existing conditions and reference material in the PEIR.

viii) Environmental Justice - Coordinate with the Commission Environmental Justice Liaison to identify and compile existing data and prepare an inventory of stakeholders with environmental justice interests and potential impacts relevant to the Project.

g) Preliminary Administrative Draft PEIR Sections

i) The following products shall be prepared and submitted to the Commission Project Coordinator for preliminary editorial review, posted on a repository site (e.g., Project SharePoint site), and revised based on Commission Project Coordinator’s comments.

(1) Table of Contents, including a list of Appendices (most or all the Appendices will not be printed, but will be included in the PEIR in electronic form).

(2) Introduction (Section 1.0).

i. Identify the Project background/objective(s).

ii. List responsible and trustee agencies, federal agencies with regulatory or permitting authority, and other consultation requirements.

iii. Provide an overview of the CEQA process and purpose and scope of the PEIR (including defining baseline conditions and identifying resource areas that may be affected by the Project).

(3) Project Description (Section 2.0) that is accurate, concise, and based on provided materials and other relevant information.

(4) Cumulative Impact Analysis introductory section (Section 3.0) that identifies the study area and projects for the cumulative impact analysis consistent with CEQA, State CEQA Guidelines section 15130, and relevant case law, that looks at past, present, and probable future projects in the area to assess if the Project’s incremental effect is cumulatively considerable (as defined in State CEQA Guidelines section 15065).

(5) Alternatives screening, identification, and impact analysis consistent with CEQA, State CEQA Guidelines section 15126.6, and relevant case law:

i. Discuss the methodology used to identify and screen potential alternatives.

ii. Identify a reasonable range of alternatives to the Project and alternatives considered but eliminated from full evaluation.

iii. Address and analyze alternatives in a stand-alone section (i.e., EIR Section 5.0), as directed by the Commission Project Coordinator.

(6) An Outline of the Environmental Analysis section (PEIR Section 4.0) that shall finalize and focus the list of potentially significant environmental issues to be addressed and the rationale for not addressing other issues brought forward during the scoping and analysis in the PEIR based on the content of this RFQ, the NOP, the scoping process, and such other knowledge and information as may be available to the Firm. The Outline shall be consistent with the Project Description and include the following for each environmental issue area subsection:

i. A fully developed and complete list of any remaining data gaps.

ii. A defined environmental setting/study area and regulatory setting.

iii. An initial list of significance criteria.

iv. A summary of how Project and cumulative impacts will be analyzed, identifying those impacts likely to be the most significant, and the methodologies to address the significant issues.

v. Appropriate measures to mitigate potentially significant environmental impacts with a description of the effectiveness and feasibility of each.

(7) An Outline of the Other Commission Considerations section (Section 6.0) that includes:

i. A discussion of climate change and sea level rise intended to provide the local/regional overview and context that will facilitate the Commission’s consideration of the Project.

ii. An Environmental Justice (EJ) analysis for which the Firm determines what communities/areas are located within the CADV Program’s potential hazard or impact “footprint,” and if those communities are currently or historically disadvantaged. The Firm will first identify the “footprint,” which may differ for each potential impact topic, and base its identification of potentially impacted EJ communities/areas as follows:

(a) Use the most recent Census data and CalEnviroScreen 4.0, developed by the California Office of Environmental Health Hazard Assessment, to identify the location of communities that are disproportionately burdened by multiple sources of pollution and SB 535 Disadvantaged Communities in the Project area and the surrounding region that may be affected by the Project.

(b) If such communities or groups are found to exist, conduct an impact analysis consistent with federal requirements and the provisions of the Commission’s EJ Policy (adopted in October 2018) to determine whether the identified communities or activities carried on by individuals of such communities may be disproportionately impacted by the Project.

(8) Prepare an Impact/Mitigation Analysis (Commission staff will provide the template) and develop and include a Mitigation Monitoring Plan (MMP) consistent with CEQA, State CEQA Guidelines sections 15097 and 15126.4, and relevant case law.

(9) Relevant appendices. Include an Appendix that contains the NOP and copies of all comments received on the NOP and that refers the reader to where each comment is addressed in the PEIR (e.g., section and page). Appendices will also include results of modeling and other analyses from Task 2(e).

h) Administrative Draft of PEIR

i) Further develop the preliminary Administrative Draft sections from Task (f) incorporating Commission Project Coordinator comments and other applicable information and prepare and submit the Executive Summary. The Administrative Draft PEIR should be written in “plain English” with minimal use of technical jargon in order to be widely readable to the public and those without technical or policy knowledge of issues surrounding the Project.

ii) Prepare and submit a complete Administrative Draft PEIR to the Commission Project Coordinator.

i) Draft PEIR

i) Incorporate Commission Project Coordinator comments on the Administrative Draft PEIR and prepare and submit a complete “camera-ready” (pre-circulation) version of the Draft PEIR to the Commission Project Coordinator.

ii) Make any final changes to the “camera-ready” Draft PEIR as directed by the Commission Project Coordinator. Prior to the release of the Draft PEIR, a review for accessibility must be completed in accordance with state accessibility requirements and to provide formatting of the website accessible content (AB 434), and the Executive Summary must be translated into Spanish (consultant to provide translation). California Government Code Section 11546.7, originating from AB434 (2017-18) requires state agencies and their agency website to comply with Government Code sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at minimum Level AA success criteria.

iii) Prepare the Draft PEIR for public distribution, the State Clearinghouse (SCH), and posting on the Commission website (submit to Commission Project Coordinator when the Draft EIR is sent to the printer for publication).

iv) Coordinate newspaper notices with appropriate publications, including a Spanish language publication if needed (consultant to provide translation).

v) Publication will be primarily electronic, however, as directed by Commission Project Coordinator, mail the Notice and CDs or hard copies (as requested) of the Draft PEIR to the Project mailing list recipients.

vi) Submit to Commission Project Coordinator via upload to the SharePoint site all reference materials cited in the Draft PEIR.

j) Final EIR

i) Prepare an administrative draft Final PEIR (in one document if feasible) that replaces and incorporates the entire Draft PEIR and includes the following:

(1) Preface

(2) Comments received during the public comment period and responses to those comments that:

(a) Organizes by number all comments received during the Draft PEIR comment period.

(b) Includes draft responses to each comment for Commission Project Coordinator approval.

(3) The PEIR with revisions to its text made in response to comments received or for other reasons (e.g., incorporation of updated information, refine discussions, resolve internal inconsistencies, and make minor format changes).

(a) Except for minor format changes, all revisions to the Draft PEIR shall be shown as follows: additions to the text of the Draft PEIR are underlined, and deletions from the Draft PEIR text are shown as strikeout.

ii) Submit the administrative draft Final PEIR to the Commission Project Coordinator for review.

iii) Incorporate Commission Project Coordinator comments on the administrative draft Final PEIR and prepare and submit a “camera-ready” Final PEIR to the Commission Project Coordinator for review.

iv) Finalize the “camera-ready” Final PEIR as directed by the Commission Project Coordinator.

v) Prepare the Final PEIR for public distribution, the SCH, and posting on the Commission website (submit to Commission staff when the Draft PEIR is sent to the printer for publication, formatted for accessibility). Ensure review for accessibility in accordance with state accessibility requirements and to provide formatting of the website accessible content, translate the Executive Summary into Spanish, and prepare for posting on the Commission website.

vi) Coordinate newspaper notices with appropriate publications, including a Spanish language publication if needed (consultant to provide translation).

vii) Mail the Notice of Intent (NOI), which Commission staff will prepare, and as directed, send electronic, CDs, or paper copies of the Final PEIR to those that commented on the Draft PEIR or otherwise requested a copy.

k) Findings/Statement of Overriding Considerations (if necessary)

i) Prepare and submit to the Commission Project Coordinator a consolidated document that contains the CEQA Findings and, if applicable, a Statement of Overriding Considerations consistent with State CEQA Guidelines sections 15091 and 15093, respectively, and relevant case law.

ii) Revise and finalize the document as directed by the Commission Project Coordinator.

l) Optional Tasks – After ranking and as part of negotiations the Firm shall provide an estimate of costs to conduct the optional tasks identified below. Work on these optional tasks must be approved, in advance, by the Commission Project Coordinator in writing. The Firm may need to cost out and conduct additional optional tasks as directed by the Commission Project Coordinator. Comment by Beard, Kevin@SLC: Firms may offer additional optional tasks below.

i) Mitigation Monitoring – Conduct monitoring to ensure compliance with requirements of the MMP, including preparation of an electronic draft and final report describing the effectiveness of each mitigation measure.

ii) Litigation Support – Participate in appeal or litigation support as directed by the Commission Project Coordinator or Commission Legal staff based on studies and analysis conducted under the Firm’s direction.

iii) Record of Proceedings – Prepare the “record of proceedings” on behalf of the Commission in compliance with CEQA (Pub. Resources Code section 21167.6, subds. (b)(1) and (e), local court rules, and relevant case law) as directed by Commission Legal staff.

iv) Optional Task #4 - … Comment by Beard, Kevin@SLC: Using “track changes”, firm may input additional/optional tasks details and descriptions.

m) Unanticipated Needs – Conduct other activities as needed and approved by the Commission Project Coordinator needed to facilitate the Scope of Work and purpose of this Agreement.

n) Web Content Publisher – Firm shall use an experienced web content publisher to prepare an electronic version of the PEIR for posting on the Commission website. Web files shall be submitted in PDF (Adobe) format. Images shall be “optimized for web” as needed prior to embedding in documents to keep file sizes small. An index page shall be prepared in HTML format when the PEIR is submitted. Every effort shall be made to limit the size of individual files. In addition, the entire PEIR (excluding appendices) shall be provided as one file; appendices shall be included as separate files. The Firm shall ensure that all PDF files meet web accessibility standards identified by California Government Code section 11546.7, originating from AB 434 (2017-18).

o) Accessibility – All records, deliverables, and information technology prepared for the Commission shall comply with California Government Code sections 7405 and 11135 and the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium, at a minimum Level AA success criterion.

p) Documentation and Production – All copies of the Administrative Draft, Draft, and Final PEIR shall be prepared using Microsoft Word, Arial Font, and be provided electronically. All pages should be 8 ½ x 11 unless otherwise approved by the Commission Project Coordinator.

5) Quality Assurance/Quality Control (QA/QC) Plan

a) The Firm shall describe the QA/QC methods and processes that the Project Coordinator will use to assure the high quality of the work and product.

b) Technical Editor - The Firm shall engage a technical editor with experience editing comparable CEQA documents to review work products before their submittal to Commission staff and shall ensure that all submittals are consistent with the Commission’s desired formatting and professional standards, planning terms, and thresholds.

i) The Firm’s Project Manager shall brief the technical editor, other technical staff, and subcontractors on any Commission Style Guide approved for this PEIR.

ii) If any submittal is internally inconsistent or inconsistent with the Project Description, is not presented in a logical/readable format, or contains multiple grammatical errors, it will be immediately returned for revision at the Firm’s expense. This determination shall be at the sole discretion of the Commission Project Coordinator.

6) Subsequent Solicitation – At the Commission’s sole discretion, after the contract award has been made and the contract has been executed, if the contract is terminated with or without cause after the performance has begun, the Commission may engage the next-best-value offeror without performing a subsequent solicitation. Additionally, if at any time during the negotiation of an agreement with the successful offeror, the Commission determines it is not able to reach an agreement with the successful offeror, the Commission may terminate the negotiations and engage the next-best-value offeror without performing a subsequent solicitation.

7) Amendments

a) Amendments to this Agreement may be proposed by either party and shall be effective by the issuance of a written instrument executed by both parties. The Agreement price may be equitably adjusted to reflect any additional costs or new savings resulting from such amendment(s).

b) Work subject to such amendment(s) shall be performed in accordance with all applicable requirements of this Agreement, including any amendments thereto. No guarantee is made hereby that any change(s) or additional work will be authorized or required. The State reserves the right to make all adjustments in the Scope of Work to be performed by the Firm in a manner which, in its sole discretion, determines to be in the best interests of the State, including, but not limited to, the hiring of additional Firms or replacement of subcontractors, subject to all other provisions of this Agreement.

8) Renewals –The Initial Term of this Agreement is for a total of three (3) years. Further renewals for this agreement may be granted by the Commission in order to allow the Firm to complete work under this Agreement that was approved by the Commission prior to the expiration of the Initial Term.

9) Additional Funding – If mutually agreed by the Commission and the Firm, this contract may be amended to include additional funding at the same rates provided in the Firm’s original proposal.

10) Conflict – The parts of this Agreement are complementary, describe, and provide for the completion of the work specified herein. This standard Agreement, including Exhibit A through D, makes up the entire Agreement between the parties. No document or communication passing between the parties hereto shall be deemed a part of this Agreement unless expressly identified as being a part of it.

11) Effective Date – The effective date of this Agreement is the start date specified in Paragraph 2 of the Standard Agreement, form STD213. No work shall commence until the effective date. The Firm shall not receive payment for work performed prior to the approval of the Agreement and before receipt of notice to proceed by the State Contract Officer.

12) Responsibilities of Project Coordinator

a) The Commission Project Coordinator and Firm Project Coordinator shall be the day-to-day representatives for the administration of this Agreement. Except as otherwise expressly provided, all communications relative to this Agreement shall be given to each Parties’ Project Coordinator. Either party shall have the right to change its Project Coordinator upon written notice to the other party.

b) The Project Coordinators shall agree on the work to be performed for all phases of this project prior to implementation of the project. The work shall not exceed the amount stated in Paragraph 3 of the Standard Agreement, form STD213.

c) The Project Coordinators during the term of this Agreement will be:

i) Commission Project Coordinator

(1) Name

(2) Environmental Scientist

(3) 100 Howe Avenue #100-S, Sacramento, CA 95825

(4) Phone

(5) Email

(6) www.slc.ca.gov

ii) Firm Project Coordinator

(1) Name

(2) Title

(3) Address

(4) Phone

(5) Email

(6) Website address

iii) Commission Contract Buyer

(1) Name

(2) Contract Buyer

(3) 100 Howe Avenue #100-S, Sacramento CA 95825

(4) Phone

(5) Email

(6) www.slc.ca.gov

iv) Firm Contracting Contact

(1) Name

(2) Title

(3) Address

(4) Phone

(5) Email

(6) Website address

v) Commission Accounting Contact

(1) Accounts Payable

(2) AP

(3) 100 Howe Ave., Suite 100-S, Sacramento CA 95825

(4) Phone

(5) Email

(6) www.slc.ca.gov

vi) Firm Accounting Contact

(1) Contractor Accounting Contact

(2) Dept

(3) Name

(4) Address

(5) Phone

(6) Email

(7) Website