AGENDA
ITEM
14 AGENDA STAFF REPORT
FAR
CALEXICO
DATE: June 1, 2022
TO: Mayor and City Council
Diego Fait, therm chy Manager 1)
APPROVED BY:
PREPARED BY: Lilliana Falomir, Public Works Manager - Administrative Tele SUBJECT: Authorize Interim City Manager to Sign Agreement of Professional Services with UltraSystems Environmental Inc., for Biological Services for New River Improvement Project - Calexico Reach.
=============
Recommendation:
Authorize Interim City Manager to Sign Agreement of Professional Services with UltraSystems Environmental Inc., for Biological Services for New River Improvement Project - Calexico Reach.
Background:
The New River is a Water of the United States and a California Water. It originates approximately 18 miles south of the US-Mexico Border, in the Mexicali Valley, Mexico. It enters the United States by the Calexico West Port of Entry, in Calexico, California. The City is proposing to implement New River Improvement Project - Calexico Reach. The Project consists of three primary construction components:
1. Trash screen and diversion structure for the New River downstream from the International Boundary with Mexico.
2. Bypass encasement infrastructure for the New River from a point downstream of the International Boundary to a point downstream of the eastern boundary of the City of Calexico to address the public health threat that new River water quality poses to the southern area of the city.
3. A pump-back system to take treated wastewater from the existing Calexico Waste Water Treatment Plant (WWTP) and discharge it into the New River channel at a point near the proposed river diversion and encasement structure.
AGENDA
The City has obtained Clean Water Act (CWA) Section 401 Water Quality ITEM Certification from the Colorado River Basin California Regional Water Quality Control Board (Regional Water Board), a CWA Section 404 Permit from the US Army Corps of Engineers (Corps), and a California Fish and 14 Game Code Section 1602 permit from the California Department of Fish and Wildlife (CDFWL) to build the Project. The Corp's and CDFW permits require pre-construction, construction, and post-construction biological surveys and other related monitoring and reporting reports. On April 8, 2022, the City of Calexico solicited proposals from qualified environmental consultants for biological services to assist the city meet the above- mentioned permits' requirements, including doing Burrowing Owl and other nesting birds pre-construction surveys and clearance surveys during construction. In April 2021, the California Department of Water Resources (DWR) and the City of Calexico executed Funding Agreement # 4600014089 for the disbursement of $28,000,000 allocated to build the Project. The Funding Agreement covers the cost for the requested biological services.
Discussion & Analysis:
On May 8, 2022, the Office of the City Clerk received five (5) proposals from the following firms:
1. Barrett Biological Enterprises Inc.
2. Blackhawk Environmental Inc.
3. The Chambers Group Inc.
4. Jennings Environmental LLC.
5. UltraSystems Environmental Inc.
The proposals were: (1) evaluated by the City Project Manager for New River Improvement Project Calexico Reach, and (2) reviewed by the City Public Works Department Manager - Administrative. The environmental consultants were evaluated on the basis of scope of work, experience, references and project schedule. The firm that scored the highest was UltraSystems Environmental Inc. Therefore, City staff recommends that the City Council of the City of Calexico authorize the Interim City Manager to sign Agreement for Professional Services between the City of Calexico and UltraSystems Environmental Inc., for biological services for New River Improvement Project - Calexico Reach.
Fiscal Impact:
Capital Improvement Program - Budgeted Item for FY2021-2022 State Grant $64,910.00
Total $64,910.00
Coordinated With:
City Manager's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
Agreement of Professional Services between City of Calexico and UltraSystems Environmental, Inc., for Biological Services for New River Improvement Project - Calexico Reach.
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 1 day of June, 2022, by and between the City of Calexico ("City") and UltraSystems Environmental Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than April 30, 2023. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
Compensation. Compensation to be paid to Consultant shall be as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request.
6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to indemnify, including the cost to defend, the City, and its officers, agents and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, willful misconduct or defects in design by the City or its agents, servants, or independent contractors who are directly responsible to the City, or the active negligence of the City.
To the fullest extent permitted by law, the Consultant shall (1) immediately defend and (2) indemnify the City, and its councilmembers, officers, agents, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification obligation shall be reduced in proportion to the established comparative liability.
(b) The duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, agents, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party. (c) The review, acceptance or approval of the City's work or work product by any indemnified party shall not affect, relieve or reduce the City's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
10. Insurance Requirements.
Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
i. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
ili. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Errors and Omissions Liability. Consultant shall maintain errors and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($1,000,000).
Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Calexico, its elected or appointed officers, officials, mployees, agents and volunteers are to be covered as additional insured ith respect to liability arising out of work performed by or on behalf o the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
ili. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
V. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualitications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Imperial, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
If to Consultant: UltraSystems Environmental Inc.
16431 Scientific Way
Irvine, CA 92618-4355
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to 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 to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
***SIGNATURES ON FOLLOWING PAGE***
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO: CONSULTANT:
Diego Favila Betsy A. Lindsay
Interim City Manager President/CEO
APPROVED AS TO FORM: ATTEST:
Carlos Campos Gabriela Garcia
City Attorney City Clerk
EXHIBIT A
SCOPE OF SERVICES
(proposal dated May 4, 2022)
PROPOSAL FOR
BIOLOGICAL SERVICES FOR
NEW RIVER IMPROVEMENT PROJECT -
CALEXICO REACH
Presented to:
CALEXICO
CALLFORHIA
Mere Catterris Cord Massice 7Thon
City of Calexico
Public Works Department
549 Pierce Avenue
Calexico, CA 92231
Prepared by:
UltraSystems
environmentalomanagementoplanning
UltraSystems Environmental Inc.
16431 Scientific Way
Irvine, CA 92618
Proposal No. 220410
May 2022
UltraSystems
imentalemanagementoplanning
COVER LETTER
May 4, 2022
VIA FEDEX
City of Calexico, Public Works Department
Attn: Mr. Jose L. Angel, P.E.
549 Pierce Avenue
Calexico, CA 92231
SUBJECT: RFP FOR BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT
PROJECT CALEXICO REACH
Dear Mr. Angel:
UltraSystems Environmental Inc. ("UltraSystems") is pleased to submit our proposal to the City of Calexico ("City") to provide pre-construction surveys, training, clearance and protocol surveys, and other work plan biological services.
UltraSystems is a full-service planning and environmental consulting firm. Since our inception in 1994, we have successfully prepared more than 7,000 environmental compliance documents pursuant to CEQA/NEPA, as well as engineering studies and focused technical reports.
The core UltraSystems Project Team will be based in Irvine, CA and will be led by Betsy Lindsay, MURP, Principal-in-Charge, Michelle Tollett, BA, ISA, Project Manager, and Allison Carver, BS, BA, Deputy Project Manager. Their knowledge, skills and experience are highlighted herein and will leverage their leadership skills with our experienced in-house experts to manage and provide all of the required services.
UltraSystems is committed to successful project management, time management and project delivery of every project it undertakes. For that reason, it is our responsibility as a consultant to develop legally-defensible environmental documents and to communicate our technical knowledge clearly and concisely to the general public.
As the President/CEO of UltraSystems, I am a duly authorized officer of the firm with the legal a phorty of hit les than i h days from the date of submita. i prd you need any aditional. information, you can reach me via email at [email protected] or telephone at:
(949) 788-4900 ext. 227.
Sincerely, ULTRASYSTEMS ENVIRONMENTAL INC.
Batay Hyuding
Betsy A. Lindsay
President/CEO
Corporate Office - Orange County
16431 Scientific Way
Irvine, CA 92618-4355
%% BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** Table of Contents
1. Cover Letter.. ...1
Table of Contents .... 2
Statement of Qualifications.... ....3
a. Qualifications of the Firm. ...3
b. Firm Stability and Resource Depth. 3
c. Project Examples. 3
Proposed Approach ....7
4. Proposed Staffing Plan..... ....8
a. UltraSystems Key Personal... ...9
b. UltraSystems Organizational Chart.. .13
5. Agreement Exclusions... ... 13
6. Scope of Work.... .. 14
a. Task 1: Pre-Construction Surveys.. .14
b. Task 2: Work Plan Mitigation and Monitoring Components... .15
7. Lawsuit History ... 17
8. Insurance. ... 17
TABLES
Table 4.0-1 - Key Personnel.. ...9
Table 6.0-1 - Monitoring and Reporting. 17
Table 8.0-1 - Insurance Coverage. ..17
UltraSystems UEI No. 220235
* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT *
2. STATEMENT OF QUALIFICATIONS
a. Qualifications of the Firm
UltraSystems Environmental Inc. (UltraSystems) is a full-service planning and environmental consulting firm serving public and private sector clients throughout California. We have 42 employees that provide a broad range of experience to prepare environmental documents and technical studies in full compliance with the California Environmental Quality Act (CEQA).
UltraSystems is headquartered in Irvine, California, and this specific project would be managed from our Irvine office.
UltraSystems is committed to applying a well-honed project management approach, effective and transparent cost/schedule/control protocols, and quality assurance/quality control procedures on this assignment. Consistency in applying the foregoing is an UltraSystems hallmark. Collectively, this suite of project management tools was developed and subsequently refined as a response to the seriousness with which we take our responsibility and obligation to develop technically accurate and legally-defensible environmental compliance documents for our clients. Applying this approach also ensures that the CEQA compliance documents we prepare comprehensively characterize all relevant aspects of the proposed project, communicate to the reader the environmental consequences of the subject project, and present the measures developed to mitigate their level of significance in a manner which is clear, concise and readable. UltraSystems is committed to providing a document which will meet or exceed the City's environmental review obligations pursuant to CEQA.
Our promise to the City is that we will commit the firm's resources to ensure that the subject environmental document proceeds on schedule, with no costly delays in processing or review time.
As discussed later herein, the ability to live up to this commitment begins with UltraSystems' Senior Project Manager.
b. Firm Stability and Resource Depth
The preparation and technical peer review of CEQA documents has been a core service since the founding of UltraSystems in 1994. During those 27 years, the firm has prepared over 7,000 environmental reports, engineering studies, or technical studies for public and private sector clients.
This expertise includes coordination with local, state, federal, and other governmental agencies; drafting legally defensible environmental documents; managing public participation programs; noticing; and incorporating environmental documents into the overall planning process.
Project Examples
DOGWOOD RD. BRIDGE REPLACEMENT OVER CENTRAL MAIN CANAL - IMPERIAL CTY, CA IS/MND (Burrowing Owl Surveys)
Contact: Mr. Jack Abcarius, PE
Address: 15092 Avenue of Science, Suite #200, San
Diego, CA 92128
Phone: (858) 385-2128
Email: [email protected]
Location: Imperial County, CA
Duration: March 2016 to June 2017
Manager: Hina Gupta
Cost: 5992/$90,550
UltraSystems UEI No. 220410
** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** Project M. Rouhi (Deputy Lead/GIS), M. Tollett
Team: (Senior Biologist), H. Flores (Field Biologist)
UltraSystems was hired by NV5 Technical Engineering & Consulting Services to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) and associated studies for the Dogwood Road Bridge Replacement over Central Main Canal Project. Imperial County Department of Public Works is the Lead Agency under the California Environmental Quality Act (CEQA). The proposed project is located immediately north of Dogwood Road and Willoughby Road Intersection Over Central Main Canal, Imperial County, CA. The project site is 3.59 acres of developed lands, agricultural fields, ruderal/disturbed habitat, and various types of riparian vegetation including: arrow-weed scrub, cattail stands, mulefat scrub, and sprangletop stands. The purpose of this project was to replace the existing Dogwood Road Bridge to increase the clearance (freeboard) between the canal water and the bridge soffit. The bridge was sinking at a rate of one centimeter per year due to ground water subsidence. Therefore, to accommodate the raised bridge profile, Dogwood Road and Willoughby Road was reconstructed with a new vertical alignment.
UltraSystems prepared the appropriate environmental documentation (IS/MND) in accordance with CEQA and prepared the associated technical studies, including: Biological Resources Evaluation, Wetland Delineation, Focused Burrowing Owl Survey, Air Quality Technical Study, Greenhouse Gas Technical Study, Cultural Report, and Noise Study.
This project contains wetlands and native, riparian vegetation which increased the project complexity by requiring biological mitigation to reduce impacts to the site. The presence of irrigation canals and multi-use waterways increased the complexity of jurisdictional oversight by the regulatory agencies to determine which areas are under the jurisdiction of the Clean Water Act, the California Fish & Game Code, and the Porter-Cologne Act. There was also moderate to high potential for burrowing owl (species of special concern), which required focused surveys to determine presence/absence.
Multiple design revisions affected biological impacts and survey efforts. UltraSystems provided expedient and high quality services throughout all project design challenges.
A BOULDER AVENUE IMPROVEMENT PROJECT - CITY OF HIGHLAND Construction Monitoring and Nesting Bird Monitoring
Client: TKE Engineering
Contact: Terry Renner, PE
Address: 2305 Chicago Avenue, Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]
Location: Boulder Avenue, Highland, CA
Duration: April 2021 to May 2022
Manager: Michael Milroy
Cost: $89,296.20
Project M. Tollett (Senior Biologist), M. Sutton (Field Team: Biologist)
Boulder Avenue is a major collector street with two lanes in each direction separated by a median.
The scope of the project includes but was not limited to the improvements listed as follows:
UltraSystems UEI No. 220410
* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** Removal of curb, gutter, asphalt concrete pavement, signage, striping and construction of PCC curbs, gutters, curb ramps, driveways, asphalt concrete pavement, irrigation, median curb, landscaping, hardscape, in-road bicycle detection, decorative way findings signs, street lighting, trail lighting, anti- graffiti coating, architectural treatment on existing sound wall and cape seal located on Boulder Avenue from Greenspot Road to San Manual Village Plaza(Highland Avenue) with in the City of Highland, in the county of San Bernardino, California.
UltraSystems biologists conducted weekly mitigation monitoring during the bird breeding season and every other week during the non-breeding season. The two-mile long project alignment was surveyed for bird nests and breeding behavior during the nesting season. Several nests of raptors and other protected bird species were identified and appropriate buffers were placed around active nests. Biologists also inspected silt fencing installed between the open habitat area and the project alignment to ensure that gaps were fixed to prevent access of San Bernardino kangaroo rats onto the project site. Monitoring reports were submitted after each visit and a summary compliance report was submitted upon project completion. The biological monitor communicated all compliance issues immediately to the construction supervisor and problems were corrected promptly.
IMPERIAL SOLAR ENERGY CENTER (ISEC) SOUTH AND ISEC WEST Burrowing Owl Surveys and Artificial Burrow Systems
Client: Tenaska, Inc.
Contact: Fred Straus, Director, Environ. Programs
Address: 14302 FNB Parkway, Omaha, NE 68154
Phone: (402) 691-9736
Email: [email protected]
Location: Imperial Valley, CA
Duration: ISEC South/June 2011 to May 2012;
ISEC West/December 2014 to January 2015
Manager: Betsy A. Lindsay
ISEC South/$80,206;
ISEC West/$71,990
M. Tollett (Senior Biologist), H. Flores (Field
Biologist)
The Imperial Solar Energy Center (ISEC) South project included the construction of a 200 megawatt photovoltaic (PV) solar energy facility on 946.6-acres on private lands and federal lands maintained by the Bureau of Land Management (BLM. UltraSystems Environmental, Inc. (UltraSystems) completed four pre-construction burrowing owl surveys over the course of two years on the solar energy facility, transmission line, and dirt road construction sites, and five burrowing owl shelters or burrows were identified. To proceed with construction, UltraSystems biologists constructed California Department of Fish and Wildlife (CDFW) - and Bureau of Land Management (BLM)- approved Artificial Burrow Systems (ABS), and removed active burrows from the Project site.
UltraSystems completed annual relocation surveys and reporting in accordance with a BLM- approved Burrowing Owl Monitoring and Mitigation Plan. During the surveys, UltraSystems biologists resolved issues by modifying ABSs, when need, so that burrowing owls and breeding chicks would successfully propagate.
Imperial Solar Energy Center (ISEC) West is a solar energy project that involved the construction of almost 1,130 acres of PV Solar arrays, and approximately 5.6-mile-long, electrical Transmission Interconnection Line on Bureau of Land Management (BLM) and private land in Imperial County, California. UltraSystems completed Burrowing Owl (BUOW) protection services to include
UltraSystems UEI No. 220410
* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * construction of four Artificial Burrow Systems (ABS), monitoring of active BUOW burrows, and collapsing of existing burrows to successfully relocate BUOWs to safe suitable habitat. UltraSystems developed a feasible BUOW relocation plan compatible with project objectives and permits, regulatory requirements, and well-being of the BUOWs. After the relocation plan was approved by the California Department of Fish and Wildlife (CDFW), UltraSystems' CDFW-approved biologists constructed above-ground ABS units in suitable habitat for the BUOWs. The ABS units were constructed, and the active burrows were monitored for inactivity prior to destruction (collapsing).
During this process, no BUOWs were injured or killed (taken). As required, relocation report was prepared within 30 days according to CDFW guidelines to document the ABS construction methodology and successful relocation effort.
IMPERIAL SOLAR ENERGY CENTER (ISEC) SOUTH AND ISEC WEST Burrowing Owl Mitigation Monitoring
Client: Tenaska, Inc. and Solar IV South, LLC
Contact: Fred Straus, Director, Environ. Programs
Address: 14302 FNB Parkway, Omaha, NE 68154
Phone: (402) 691-9736
Email: [email protected]
Location: Imperial Valley, CA
Duration: 2012 to 2015
Manager: Betsy A. Lindsay
Cost: ISEC South/$3,441,809;
ISEC West/$3,444,763
Project Chris Schaffer (GIS), Jim Castle (Biologist),
Team: Michael Robinson (Biologist)
Imperial Solar Energy Center (ISEC) South included the construction of a 200 megawatt photovoltaic (PV) solar energy facility, a 1.7-mile long transmission line, and improvement of an existing dirt road on a 946.6-acre site on Bureau of Land Management (BLM) and private land in Imperial County, California. Due to the location of the line on BLM land, the Environmental Compliance Program (ECP) required monitoring and reporting prior to and during removal.
ISEC West is a solar energy project that involved the construction of almost 1,130 acres of PV Solar arrays, and approximately 5.6-mile-long, electrical Transmission Interconnection Line on Bureau of Land Management (BLM) and private land in Imperial County, California.
For San Diego Gas and Electric (SDG&E) to adhere to the Mitigation Monitoring, Compliance, and Reporting Program (MMCRP) of the ECP, UltraSystems conducted the following actions for both ISEC South and ISEC West projects: 1) tracked implementation of mitigation measures; 2) performed biological, archaeological, and paleontological monitoring; 3) prepared an implemented the Worker Environmental Awareness Program (WEAP) training; and 4) developed a database and management tools to coordinate and streamline field monitoring, personnel training, safety monitoring, resource and tracking, and GIS mapping.
In addition to the job activities described above, UltraSystems completed Burrowing Owl (BUOW) protection services for the ISEC West project that included construction of four Artificial Burrow Systems (ABS), monitoring of active BUOW burrows, and collapsing of existing burrows to successfully relocate BUOWs to safe suitable habitat. UltraSystems also prepared an Incidental Take
UltraSystems UEI No. 220410
** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * Permit to avoid delays in construction when CDFW made the Flat-tailed Horned Lizard (PTHL) a candidate for threatened/endangered species. UltraSystems provided biologists trained and certified to handle FTHLs during construction activities, and successfully relocated over 200 FTHLs out of harm's way.
PICACHO GOLD MINE, IMPERIAL COUNTY, CALIFORNIA
Desert Tortoise and Burrowing Owl Monitoring
Client: County of Imperial for G2 Bio LLC (mine
operator
Contact: Patricia Valenzuela, Planner IV
hone (760) 482-4320
Email [email protected]
Location: 3475 Picacho Road Mine, Imperial County,
California
Duration: March 2015 to January 2016
Manager: Michelle Tollett
Cost: $79,150
Project
Michelle Tollett (Senior Biologist)
Team:
UltraSystems conducted preconstruction surveys, biological monitoring, and annual reporting for the 125-acre Picacho Gold Mine in the unincorporated area of Imperial County, California. Biological monitoring was conducted in each area of active surface disturbance throughout the work day from initial clearing through habitat restoration, except where the project was completely fenced and cleared of desert tortoise by an approved biologist to ensure compliance with desert tortoise protective measures. A daily record of environmental compliance was maintained, and an annual report was submitted to Imperial County and the California Department of Fish and Wildlife (CDFW) in accordance with the Conditional Use Permit and Reclamation Plan.
3. PROPOSED APPROACH
UltraSystems' project team is fully-integrated and will provide the best qualified personnel with the highest-caliber of technical expertise and field experience to be assigned to this contract. Other factors that promote the highest level of service and cost savings include:
• Principal Level Commitment. Each firm principal has committed their key staff to participate in this contract for five years. We will deliver what we promise and will go the extra mile for the City. Our project team will never sacrifice the sacred trust of the City by taking shortcuts; Having the Right Leaders on the Project Team. Leadership starts with the Owners/Principals; therefore, we believe that we have the right dedicated team leaders (i.e., Project Director/Project Manager, Deputy Project Manager and Task Leads) who can effectively communicate with the City and to the general public. These leaders will provide the highest level of technical service and manage their budgets effectively. We have those individuals assigned to this contract. Our project team has the right mix of supervision, labor and equipment in sufficient quantity to execute your backlog efficiently, and with utmost safety and quality assurances.
• Built in Redundancy/ Resource Capacity. We have proven CEQA PMs, Technical Leads for every subject matter, and adequate technical staff that will provide the right multi-
UltraSystems UEI No. 220410
is BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * disciplinary environmental/engineering skills necessary to assess critical issues on each City project. We are confident that these individuals will deliver successful results to the City. All assigned Managers and Technical Leads have significant technical expertise and demonstrated success working on complex CEQA projects.
In our role as the environmental consultant, UltraSystems has supported both Project Applicants and "Lead Agencies" in conducting technical studies and reviewing environmental documents. Our professional staff provides hands-on guidance to public agencies and private clients through the CEQA processes by designing approaches to compliance for the appropriate agencies that are effective, creative, and practical. Our focus on implementing task orders pursuant to the CEQA processes is clearly defined at the initial project definition, progressive at each level through impacts assessment, all the way through to final environmental approval.
For any project undertaken, UltraSystems assigns only experienced CEQA specialists to develop our approach and prepare documents that are not only comprehensive, but also legally defensible in all aspects. To expedite the CEQA processes, our professional staff utilizes a process of streamlined techniques designed to expedite each process and save our clients from additional project expenditures or unnecessary project delays. Based on accurate impact assessments of environmental research and related technical studies, UltraSystems develops mitigation measures and alternatives as necessary that are viable yet cost effective. These mitigation solutions focus on both the short- term goals at hand and the long-range needs of a particular agency or client. Our mitigation solutions are practical and focus on recommendations, which assist in anticipating the permitting requirements that follow CEQA documentation, minimizing the need for additional post-approval analyses, and accelerate the timeline to actual construction.
To enhance the broad range of environmental disciplines often required for public agency projects, our CEQA analysts are supported by in-house specialists in the areas of, biological resources, endangered and threatened species, botany, wetlands, earth sciences, agricultural resources, cultural resources, aesthetics, noise, air quality, and historical resources. We have established enduring relationships with outside specialists who retain complementary skills and with whom we collaborate, as needed, to address specific project needs that complete our work quality and efficiency. As for any project undertaken by UltraSystems, we may augment our in-house technical capabilities with a team of highly qualified and experienced subconsultant partners to ensure the highest quality of services available in the industry today.
4. PROPOSED STAFFING PLAN
Technical Studies Supporting Environmental Planning. UltraSystems has invaluable experience with diverse technical capabilities to assist our clients with their planning, permitting, and environmental obligations. Our project teams offer extensive backgrounds in the preparation of technical planning and environmental studies. UltraSystems utilizes its involvement in the design and development of major projects in Southern California to identify and creatively resolve environmental issues.
UltraSystems project teams possess the experience and expertise to perform the following technical studies:
• Biological Resources. UltraSystems has extensive experience in identifying, quantifying, and evaluating biotic resources, assessing impacts on terrestrial and marine ecosystems, and developing mitigation strategies and project alternatives that lessen or avoid identified environmental consequences. UltraSystems' biological resource capabilities include, in part:
• Habitat Assessments
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* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** • Vegetation and Wildlife Surveys
• Wetland Delineation
Regulatory Permitting
• Mitigation Monitoring During Construction
a. UltraSystems Key Personal
UltraSystems project team key task leads are noted below and all key personnel have proven experience managing projects within the Southern California region.
Table 4.0-1
Key Personnel Roles for Projects/Tasks
Yrs.
Name/Title Project Role Exp.
Management Leads
Project Director/Principal
Betsy A. Lindsay, MURP, ENV SP Contract Administration, Resource Allocation, 35 Principal Public Outreach, QA/QC
Michelle Tollett, BA, ISA Project Manager/City Contact, Biological 21 Senior Biologist Resources, Surveys
Allison Carver, BS Deputy Project Manager, Regulatory Permitting 21 Senior Biologist and Compliance
Technical Leads
Matthew Sutton, MS, ISA Fieldwork Coordinator, Biological Surveys, Data 18 Biologist and Reporting Management
BETSY LINDSAY, MURP, ENV SP | Principal-in-Charge/Project Director As UltraSystems' Principal, Ms. Lindsay will ensure client satisfaction of all services provided by the UltraSystems Project Team under this contract to the City. In this role, Ms. Lindsay will be responsible for assuring resources are available to complete this project within budget and on schedule. She will help oversee the quality assurance program, and be the primary contact for all matters relating to the contract with the City, and its execution.
Ms. Lindsay has over 35 years of experience, has successfully prepared over 500 environmental documents for a broad spectrum of projects, and has managed over 20 large-scale, on-call/as-needed contracts that have encompassed 1,000's of task orders relating to public agency projects.
EDUCATION
* MURP., Urban and Regional Planning, California State Polytechnic University, Pomona, CA • B.S., Geography, California State University, Long Beach, CA
SELECT PROJECT EXPERIENCE
• Procalamos Industrial Park- Imperial, CA
• Space Center Industrial Development - Victorville, CA • Mariposa Meadows & Torrence Project, El Centro, CA
UltraSystems UEI No. 220410
i BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** • Mitigated Negative Declaration/Categorical Exclusion (MND/CE), Victor Valley Transit Authority Bus Administration, Operations, and Maintenance Facility, Hesperia, CA • Esmeralda Estates - Biological, Cultural and Air Quality Assessment • Environmental Compliance, Imperial Solar Energy Center South, Imperial County, CA MICHELLE TOLLETT, BA, ISA | SR. Biologist, Certified Arborist - Point of Contact Ms. Tollett has 21 years of experience as a field and consulting biologist working with private companies and public agencies throughout California and the Rocky Mountains. As the Biological Resources Group Manager for UltraSystems, her responsibilities include supervising staff biologists, delegating work assignments, preparing budgets and project schedules, interacting with client and resource agency representatives, and ensuring successful completion of projects. Ms. Tollett ensures that biological surveys are performed by qualified biologists during the appropriate seasons and assists with the preparation of technical documents in accordance with he project's site-specific regulatory framework. Ms. Tollett negotiates innovative mitigatior strategies to ensure the clients and resource agencies agree with the final mitigation approaches for each project.
Ms. Tollett routinely prepares and conducts Worker Environmental Awareness Programs (WEAPs) and nesting bird surveys in various habitats throughout southern and central California. Additionally, Ms. Tollett has performed numerous surveys for Sonoran Desert wildlife, including the flat-tailed horned lizard (Phrynosoma mcallii), and burrowing owl (Athene cunicularia).
EDUCATION
* B.S., Bological Resources, University of Montana, Missoula, MT
PROFESSIONAL CERTIFICATES AND AFFILIATIONS
• Certified Arborist (WE-12103-A)
• Mitigation Measures & Monitoring, CNPS, Plant Science Training Program (2020) • CRAM Vernal Pools (2017).
• CRAM Instructor-in-Training (2017).
Southwestern Willow Flycatcher (2013).
• Western Pond Turtle Workshop, Elkhorn Slough Coastal Training (2012). • Sea and Sage Audubon Society, Advanced Bird Identification Courses (2012). • CDFW Flat-tailed Horned Lizard Training (2012).
• California Rapid Assessment Method (CRAM) (2012, 2017). • CDFW Scientific Collection Permit, SCP#8526.
• Wetland Regional Field Training, Wetland Training Institute, Certificate (2011). • The Desert Tortoise Council, Workshop (2011)
• Basic Wetland Delineation, Wetland Training Ins. (2005)
SELECT PROJECT EXPERIENCE
Robertson's Quarry, Kern County, CA
• Initial Study/Mitigated Negative Declaration, San Timoteo Storm Drain, Moreno Valley, CA • OC Loop Bike Trail, Segments O, P, and Q, Orange County, CA • Los Angeles County Sheriff s Department Emergency Vehicle Operation Center (EVOC) and Role-Play Training Facility, Pitchess Detention Center, Castaic, Los Angeles County, CA • Sunland Oil Field Decommissioning Project, Kern County, CA
UltraSystems UEI No. 220410
* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * • Median Landscape Improvements for the Valley View Avenue (Imperial Highway to Rosecrans Avenue) Project, City of Commerce, CA
• Dogwood Road Bridge Improvement Project, Imperial County, CA • Orangethorpe Grade Separation, Pre-Construction Survey & Construction Monitoring, Orange County, CA
• Imperial Solar Energy Center West, Imperial County, CA Burrowing Owl Relocation and Mitigation Planning, Imperial Solar Energy Center South, El Centro, CA
ALLISON CARVER, BS, BA | Senior Biologist
Ms. Carver has 21 years of experience as a field and consulting biologist working with private companies and public agencies in California. Her project experience includes working on challenging high-profile hydroelectric, solar energy, wind energy, tunnel, transmission line projects; as well as general construction, improvement, maintenance, housing, and restoration projects in California. She specializes in jurisdictional determination of waters of the U.S. and State, including regulatory framework and permitting, and project impact analyses for projects ranging in size from small school upgrade projects to major infrastructure projects. As a Senior Biologist for UltraSystems, she has conducted jurisdictional Control Boards, and Lake or Streambed Alteration Notifications as required by Sections 1600-1617 of the California Fish & Game Code. She has also authored Biology, Hydrology and Water Quality, Geology and Soils, and Hazardous Materials impact analyses for a variety of technical documents, including CEQA and NEPA environmental documents. Ms. Carver has also analyzed project impacts and authored technical and environmental documents required by California state agencies such as Caltrans, the California Energy Commission, and the California Public Utilities Commission. Many of these projects required the creation of site-specific mitigation measures.
Ms. Carver has prepared and conducted Worker Environmental Awareness Programs (WEAPs) and nesting bird surveys for a variety of projects in locations ranging from the Angeles National Forest to urban projects. Additionally, Ms. Carver has conducted protocol surveys for burrowing owl (Athene cunicularia) on project sites throughout Riverside, San Bernardino, Los Angeles, and Imperial Counties.
EDUCATION
• B.S., Biology, California State University, San Bernardino, CA • B.A., Environmental Studies, California State University, San Bernardino, CA
PROFESSIONAL CERTIFICATES
• California Rapid Assessment Method, Southern California Coastal Water Research Project (2017)
• Streambank Assessment and Restoration, UC Davis Extension (2016) •
•
UltraSystems UEI No. 220410
** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** • Identification and Ecology of the Fairy Shrimp and Tadpole Shrimp in CA, Oregon, and Washington, U.C. Davis /Christopher Rogers (2008)
SELECT PROJECT EXPERIENCE
• Dogwood Road Bridge Improvement Project, Imperial County, CA • Barren Ridge Renewable Transmission Project, Kern and Los Angeles Counties, CA • Riverside Transmission Reliability Project Environmental Impact Report (EIR), Riverside County, CA
• Palo Verde Mesa Solar EIR, Riverside County, CA
• Panoche Valley Solar Farm, San Benito County, CA
• Riverside Energy Resource Center Permitting, Units 3 & 4, Riverside County, CA • Yreka-Weed 115 kV Transmission Line Mitigation Monitoring and Compliance MATTHEW SUTTON | Habitat Restoration Biologist
Mr. Sutton specializes in habitat restoration management projects for various clientele, including municipal, private, and non-profit sectors. He has worked in the ecological restoration field for 18 years. He is currently a Staff Biologist at UltraSystems Environmental in Irvine, California. He oversees all phases of habitat restoration implementation including site preparation, plant and seed augmentation, weed abatement, maintenance, monitoring, report writing and all other deliverables necessary to satisfy the client's success criteria. During a restoration project, he supervises and trains contractors and restoration workers to ensure a high standard of performance. During both the planning and monitoring phases, he conducts field investigation and analysis of field data such as biological surveys, vegetation monitoring and rare plant surveys. Mr. Sutton directs the various phases of habitat restoration so that all elements including regulatory compliance, costs, deadlines and worker safety, meet the project's contractual obligations. He manages the scope, schedule and budget of projects.
Mr. Sutton has implemented a wide variety of wildlife surveys and environmental trainings during his three-year tenure with UltraSystems. He has conducted pre-construction and breeding and non- breeding season burrowing owl surveys in Riverside and Orange counties. In addition, he has conducted pre-construction and seasonal nesting bird surveys in Riverside, San Bernardino and Orange counties. He has also prepared and presented workers environmental awareness program trainings at various project sites throughout Southern California.
EDUCATION
* M.S. in Biology, California State University Fullerton, Fullerton, CA * B.A. in Environmental Science, University of California, Berkeley, Berkeley, CA
PROFESSIONAL CERTIFICATES
• ISA Certified Arborist (WE-12790A), International Society of Arboriculture (Atlanta, GA), Expires 12/31/2022
• Basic Wetland Delineation, Wetland Training Institute (2022)
SELECT PROJECT EXPERIENCE
• Addendum to the Orange County Great Park Final Environmental Impact Report, Orange County, CA
• OC Loop Segments O, P, and Q Project, Orange County, CA
UltraSystems UEI No. 220410
** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * • Palm Crest Elementary School, Los Angeles County, CA; • Biological Consultant: Derek Ostensen & Associates LLC, Newport Beach, CA • Chadwick Ranch Estates Project, Los Angeles County, CA • Lake Hughes Road Project, Los Angeles County, CA
• San Timoteo Storm Drain, Riverside County, CA
Sandia Creek Dr. and Via Vaquero Rd., De Luz, Riverside County, CA • LA County Department of Parks and Recreation, Lakes Management for 14 Parks, Los Angeles • Santa Angelina Senior Apartment Homes Project, Placentia, CA • Orchard View Gardens Senior Apartment Homes, Buena Park, CA b. UltraSystems Organizational Chart
UltraSystems
CALEXICO
Organizational Chart
Principal-in-Charge
Betsy Lindsay, MURP. ENV SP
Benior Project Manager | Biology CA-QC | Document Control Michelle Tollet, BA, ISA Mike Lindsay, BS
Deputy Project Manager | Biology
Allison Carver. BS. BA
Air Quality | Noise | Greenhouse Gas Biological Resources, Street Cultural Resources, Native Trees, Regulatory Permitting (GHG) | Climate Change | Energy American AB52 Coordination Matthew Sutton, MS, ISA - LEAD
Michael Rogozen, D.Env- LEAD - Stephen O'Neil, MA - LEAD - Hugo Flores, BS
Victor Paibmuse BA, ENV SP - Megan Black, MA
- Joyce Mak, BA
- Michael Tuma PhD, MS
Hazardous Matenais, Health Risk
Assessment
Environmental CEQA/NEPA
Dan Herlity, MS, PG CEG, CHG GIS Mapping and Spatal Anaiysis Hana Gupta, MURP LEED AP - CEQA LEAD Stephen Chesterman, BEng - LEAD - Billye Breckinridge, BS. ENV SP- NEPA LEAD
Michael Matroy. MS Aesthetics, Visual, VIA
Hina Gupta, MURP LEED AP - LEAD
AGREEMENT EXCLUSIONS
UltraSystems has reviewed all the City's standard Agreement for Professional Services and related RFP documents and have no exceptions to comply. We understand our role and the terms of our commitment. UltraSystems understands the insurance provisions that will be required to provide
UltraSystems UEI No. 220410
** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** when contracted and there are no other conditions that would affect our ability to undertake or complete environmental services for the City.
6. SCOPE OF WORK
All of the work plan elements including the task deliverable described in this section will be in compliance with all the requirements of the mitigation measures BIO-1 through BIO-3 and BIO-7 of the Initial Study and Mitigated Negative Declaration (IS/MND) for the New River Improvement Project (UA 2020-06). Survey work will be focused in areas which have at least a low potential for the occurrence of protected wildlife species such as BUOW and nesting birds. a. Task 1: Pre-Construction Surveys
The pre-construction BUOW and nesting bird surveys will be conducted to assess if there are any BUOW, BUOW sign, nesting birds, or other protected biological resources within the impact area of the project site. Both surveys may be conducted concurrently since both resources can be assessed concurrently. In general, the survey area will consist of all planned project areas including a 500-foot buffer around the project areas being surveyed. The project areas consist of the project alignment for the 72-inch bypass pipe, the pump station, the trash screen and diversion structure, staging areas, and all areas where vehicles and equipment will be operated.
In total, UltraSystems will conduct four days of pre-construction surveys.
Two UltraSystems biologists will conduct the preconstruction surveys over four days. There will be a 2-day preconstruction BUOW survey conducted 14 days prior to the commencement of ground-disturbing activities. Then, the biologists will conduct a 2-day preconstruction BUOW and nesting bird surveys 24 hours prior to the commencement of ground-disturbing activities.
In accordance with 2012 Staff Report on Burrowing Owl Mitigation, the Project's Mitigation Monitoring Reporting Program, and regulatory permits, UltraSystems will conduct 14-day and 24-hour preconstruction BUOW surveys. In addition, UltraSystems will conduct the American badger surveys concurrently with the BUOW surveys using 20-meter belt transects to ensure one hundred percent coverage of the site's impact areas.
a) Pre-Construction Burrowing Owl Surveys
UltraSystems biologists will follow the California Department of Fish and Wildlife's (CDFW's) 2012 Staff Report on Burrowing Owl Mitigation for survey protocols. Surveys will be conducted in accessible portions of the defined BSA that contain BUOW essential habitat (nesting, foraging, wintering, and dispersal habitat). Inaccessible areas and areas of private land will be surveyed with binoculars/scopes only. Surveys will not extend beyond the BSA Biologists will walk straight-line belt transects spaced no more than 20 meters apart to allow 100 percent visual coverage of the survey area, and examine entrances of potential burrows and suitable man-made structures for BUOWs and signs of BUOWs. Biologists will identify, record, and map with a global positioning system (GPS) unit BUOWs and potential BUOW burrows and signs. Detailed notes and wildlife species encountered during the surveys will be recorded in field notes. The purpose of the surveys is to determine if BUOWs are foraging or nesting on or adjacent to the project site.
b) Pre-Construction Nesting Bird Surveys
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*% BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT * The nesting bird surveys will be conducted concurrently with the BUOW surveys. The only modification to the BUOW survey procedures will be that surveyors will stop at observation points at every 100 meters along a meandering transect to observe potential signs of breeding bird behavior in the surrounding area. If any breeding behavior is observed then the biologists will remain stationary and continue observations for sufficient time to assess whether or not there are active nests associated with the observed breeding behavior.
Task 1 Deliverables
One electronic copy of the draft and final pre-construction BUOW (both 14-day and 24- hour) and nesting bird survey reports to the Client.
• One hard copy of the final pre-construction BUOW (both 14-day and 24-hour) and nesting bird survey reports to the Client.
• One hard copy of the final pre-construction BUOW (both 14-day and 24-hour) and nesting bird survey reports to CDFW.
• If BUOW are observed within the project impact area and need to be relocated, then UltraSystems will provide a BUOW Mitigation Plan to the City and CDFW b. Task 2: Work Plan Mitigation and Monitoring Components a) Workers Environmental Awareness Program
Prior to project construction activities, a qualified biologist will prepare and conduct a Worker Environmental Awareness Program (WEAP) that will describe the biological constraints of the project. All personnel who will work within the project site will attend the WEAP prior to performing any work. The WEAP will include, but not be limited to the following: results of pre-construction surveys (BUOW and nesting birds); description of sensitive biological resources potentially present within the project site; legal protections afforded the sensitive biological resources; BMPs for protecting sensitive biological resources (i.e., restrictions, avoidance, protection, and minimization measures); and individual responsibilities associated with the project. The training shall include a description of the species of concern and its habitat, the general provisions of the Endangered Species Act (ESA) and the California Endangered Species Act (CESA), the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to the project site boundaries within which the project activities must be accomplished. The program will also include the reporting requirements if workers encounter al sensitive wildlife species (i.e., notifying the biological monitor or the construction foreman, who will then notify the biological monitor).
Training materials will be language-appropriate for all construction personnel. Upon completion of the WEAP, workers will sign a form stating that they attended the program, understand all protection measures, and will abide all the rules of the WEAP. A record of all trained personnel will be kept with the construction foreman at the project field construction office and will be made available to any resource agency personnel. If new construction personnel are added to the project later, the construction foreman will ensure that new personnel receive training before they start working. The biologist will provide written hard copies of the WEAP and photos of the sensitive biological resources to the construction foreman.
b) Nesting Season Site Visits (Biological Monitoring)
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** BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ** UltraSystems biologists will visit the project site a minimum of three times per week during periods of active construction that occur within the nesting season of January 1 to August 31.
JItraSystems biologists will monitor construction activities that may adversely impac protected wildlife species such as nesting birds (including BUOW and other special-status species).
An UltraSystems biologist will conduct three site visits per week during the nesting season for a total of 26 weeks. These site visits will be focused in areas where there is suitable nesting bird and BUOW habitat and will occur within a 500-foot buffer around project activity areas.
Finally, some of the site visits may be combined with the weekly clearance surveys detailed below.
c) Weekly Clearance Surveys
UltraSystems biologists will conduct weekly clearance surveys for BUOW during the non- breeding season in compliance with protocol for non-breeding season BUOW surveys detailed in CDFW's 2012 Staff Report on Burrowing Owl Monitoring. These surveys will be conducted to assess whether or not there are active BUOW burrows with project impact areas. Appropriate mitigation measures will be implemented to protect BUOW or other sensitive biological resources observed within project impact areas during the non-breeding season.
An UltraSystems biologist will conduct weekly clearance surveys for nesting birds observed within project impact areas during the nesting season. The same survey procedures described in Task 1b will be implemented during the weekly clearance surveys conducted during the breeding season. In total, 20 weekly clearance surveys will be conducted during the nesting season.
An UltraSystems biologist will conduct weekly clearance surveys for BUOW when project activities are occurring within 160 feet of BUOW habitat during the non-nesting season. In total, 6 weekly clearance surveys will be conducted during the non-nesting season. These site visits will be concentrated in areas where there is suitable nesting bird and BUOW habitat and will occur within a 160-foot buffer around project activity area. d) Monitoring and Reporting Program
In order to communicate the successful implementation of all of the foregoing tasks of the work plan, UltraSystems will provide the City with reporting documents that demonstrate tasks amd their asariate reporing and mrains activetals. in manite 6. -and tote, ag documents shall be made available to the City via a shared electronic database such as Dropbox.
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* BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT *; Table 6.0-1
Monitoring and Reporting Program Deliverables
Task
Monitoring or Other Actions Reporting Component Deliverables #
Workers Environmental Awareness One electronic copy of the WEAP 2a Program Jp to 5 hard copies of the WEAP for Construction Foremai Electronic and hard copies of current WEAP sign-in shee The reporting results will be incorporated into weekly field monitoring logs detailed in Task 2c
2b Nesting Season Site Visits
Photo-documentation will be incorporated into field logs One electronic copy of each non-breeding season BUOW
2c survey field log
Weekly Clearance Surveys
One electronic copy of each breeding season nesting bird survey field log
zd One electronic copy of final report
Final Monitoring Report One hard copy of final report
7. LAWSUIT HISTORY
UltraSystems has no litigation that would affect its financial well-being to perform on this contract.
The firm has never been terminated from a contract for default, had any judgement, or civil judgement or criminal conviction for false claims.
8. INSURANCE
UltraSystems Environmental is a financially secure and well-established California corporation. We retain the financial resources and organizational capabilities to conduct and complete all services that we have indicated in these documents which we are capable of providing. Please find sample Certificate of Insurance below as requested for bidding purposes only. The four required insurance documents and their associated coverage amounts are listed below:
Table 8.0-1
UltraSystems Insurance Coverage
Insurance Type Insurance Coverage
General Liability $5,000,000
Automobile Liability $1,000,000
Worker's Compensation $1,000,000
Professional Errors and Omissions Insurance (i.e., $5,000,000 Professional Liability)
UltraSystems UEI No. 220410
!; BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ACORD
CERTIFICATE OF LIABILITY INSURANCE
11/11 2021
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 ADDITONAL INSURED, the policylies) must have ADDITIONAL INSURED provisions or be endorsed.
I 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 conler rights to the certificate holder in lieu of such endorsements!
PRODUCER
Roger Stone insurance Agency
5015 Birch Street и. рис: 049-283-4167 VAt.pe 040-757-0373 Newport CA 82660 tess. [email protected]
INSURERIN APPORDMO COMERAOS RAC O
• a Admirel Insurance Co 24856
•• Reputic Indemnily Compery 22179
Utrasystems Envronmental inc
16431 Scentific Way e Leyde of London
irvine CA 82818
COVERAGES CERTIFICATE NUMBER: 1772196590 REVISION NUMBER THES 1B TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTW THSTANDING ANY REQUIREMENT, TERM OR CONCITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAL THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF DISURANCE ADOL BUBE
M0O N00 POLCY NURSE
COUMERDAL BENELAL LIARLITY PEECC1110709 11/10/2021 11/10 2022 • 0,000 DOD
CANAGE TO MENTIE
CLANE-MACE 180,000
$ 6,000
AGONAL & ADY ALLIAN _ 1 8,000 д00
GET MOMETE LIMIT ALIEN PER GENERAL AGOREGATE $ 8,000 000 * тост ! -LOS RODUCE COASTOP AGO 15,000 pod
AUTOMOBLE LABILITY FE ECC: 110705 11-102021 18 10 2022 8 1 000 00C x KInG ON A OPERTY PALACE
AUDE ONLY
UNDRELLA LME OCOUR EACH COO RRENCE
CACENS LIAN DARE MICE
CORNERS COMPENSATIO 18019320 ฿/13021 61205
AND DEPLOYERS LABLITY
VETONT AFTNER ARCOT IL EACH ACOIDENT $ 1,000 000
NIA
EL ONADE ENEMPLOTE | 1,000,000
EL DUCALE POLET MIT 11,000,000
FEIECCI 110701 8107021 11/10/203 EASI BELINDEE 5,000,000 E 3J0028083075 342027 2 000 00/
encomeday orang Mona Come again ane Ne area Cort can A coman ive l Surgeon Bente Primary and Certies Gee La bity 2300 er a ence Contractor pedator 85000 Per Wrong Al Professional Leily 810 000 Per Whongh Ad
CERTIFICATE HOLDER CANCELLATION
THE GOATION BATO THEN NOSE CREDI
ACCORDANCE WITH THE POLICY PROVISIONS
SAMPLE CERTIFICATE FOR INFORMATION
AND BIDDING PURPOBES ONLY AUTHORZED FEM DEBENTATA
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UltraSystems UEI No. 220410
EXHIBIT B
SCHEDULE OF CHARGES
COST PROPOSAL FOR
BIOLOGICAL SERVICES FOR
NEW RIVER IMPROVEMENT PROJECT -
CALEXICO REACH
Presented to:
CALEXICO
CALIFERHIR
Me Costume cou
City of Calexico
Public Works Department
549 Pierce Avenue
Calexico, CA 92231
Prepared by:
UltraSystems
UltraSystems Environmental Inc.
16431 Scientific Way
Irvine, CA 92618
Proposal No. 220410
May 2022
" BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT PROJECT ; May 4, 2022
City of Calexico, Public Works Department
Attn: Mr. Jose L. Angel, P.E.
549 Pierce Avenue, Calexico, CA 92231
SUBJECT: FEE SCHEDULE FOR BIOLOGICAL SERVICES FOR NEW RIVER IMPROVEMENT
PROJECT CALEXICO REACH
The proposed fees for this proposed project are summarized below in Table 1.
Table 1
FEE SUMMARY
TASK
TASK NAME FEE ($)
NUMBER
1a-1b Preconstruction Nesting Bird and Burrowing Owl Surveys 1a-1b Preconstruction Nesting Bird and Burrowing Owl Surveys $18,040 1a-1b Research, Travel, GIS Mapping and Reporting $5,860 2a Worker's Environmental Awareness Program
2a Worker's Environmental Awareness Program (WEAP) $4,060 2b Nesting Season Site Visits
2b Weekly Site Visits $12,250
2c Weekly Clearance Surveys
2c Weekly Clearance Surveys $8,880
2c Weekly Field Monitoring Log $4,810
2c Project Management $2,540
2d Monitoring and Reporting Program
2c Monitoring and Reporting Program $8,470
TOTAL LABOR AND DIRECT COSTS $64,910
Notes:
1. Fees were calculated using UltraSystems' 2022 Standard Rate Schedule.
Mileage associated with direct costs was calculated using the IRS 2022 rates of $0.585 cents per mile.
3. Fees include labor and direct costs.
Sincerely, ULTRASYSTEMS ENVIRONMENTAL INC.
Betsy Audrag
Betsy A. Lindsay, President/CEO
UltraS ystems UEI No. 220410
Senior Principal Senior Biologist Canior i Staff Biologist Staff Biologist Staff Biologist Archarol Word Direct Costs Labor Categories →»› Intern Archaeologist GIS Analyst
Engineer Biologist 1 Processor Total Labor TOTAL
louriv Ratessy $190.00 $120.00 $115.00 $110.00 $110.00 $105.00 $50.00 $145.00 $120.00 $75.00 $50.00 Per Diem Subcon- Expense (rounded) Miles $0.585
Days $180 tractor
Preconstruction BUOW Survey, Nesting Bird
1a-1b Survey, and American Badger Survey and
Report
Uterature review. $565.00 $0.00 $0.00 $0.00
Field figures, GPS units, and preparation. $750.00 $0.00 $0.00 $0.00 Travel time to and from site. $1,290.00 $0.00 $0.00 $0.00 Precon BUOW and nesting bird surveys - 2 bios (10- $17,200.00 $842.40 $0.00 $0.00 $18,040 irs/dav y 4 davs) durine nesting season.
Data download (GPS, data sheets, photos). N $295.00 $0.00 $0.00 $0.00 report preparation. $930.00 $0.00 $0.00 $0.00
report figures. $375.00 $0.00 $0.00 $0.00
Report review CA/QC. $460.00 $0.00 $0.00 $0.00 $460
Address QA/QC comments and finalize draft. $0.00 $0.00 $0.00 $0.00 Report formatting/word processing, $50.00 $0.00 $0.00 $0.00 Electronically submit draft Bio report to dient. 0.5 $57.50 $0.00 $0.00 $0.00 Address client comments and finalize Bio report. $835.00 $0.00 $0.00 $0.00 Prepare client and/or agency submittal cover letter and $230.00 $0.00 $0.00 $0.00 $230 submit electronic copies to client.
Subtotal 104.5 $23,037.50 $842.40 $0.00 $0.00 $0.00 $0.00 $23,900 Worker's Environmental Awareness Program
Prepare WEAP In accordance with the MMRP and $1,960.00 $11,70 $0.00 $0.00 $1,970 applicable permits
tard Hat Stlekers (Direct exoente) $630,00 $0.00 $0.00 $400.00 $1,030 Pamphlets and printing $660.00 $0.00 $0.00 $400.00 $1,060 Subtotal| $3,250.00 $11.70 $0.00 $0.00 $800.00 $4,060
2b Nesting Season Site Visits
Weekly site visits (1 blax 2 visits/weekx 2 hours/visit x| $11,640.00 $608.40 $0.00 $0.00 $12,250 26 weeks)
Subtotal $11,640.00 $608,40 $0.00 $0.00 $0.00
2c Weekly Clearance Surveys
Weekly clearance surveys (1 bio x 1 visits/week x 3 $8,580.00 $304.20 $0.00 $0.00 $8,880 Matty y westel
Dally Biological Fleld Monitoring Log (1 Bio x 1 hours x 3 monitoring logs, GPS, Photos: 1 GIS Analyst x 1 $4,810.00 $0.00 $0.00 $0.00 $4,810 hr/week data download = B hrs/wk x 26 weeks)
Project management (0.5 hour/week for 26 weeks for $2,535.00 $0.00 $0.00 $0.00 i blo and 1 GISL
Subtotal 104 $15,925.00 $304.20 $0.00 $0.00 $0.00 $0.00 2d| Monitoring and Reporting Program
Prepare Monitoring and Reporting Program $3,820.00 $0.00 $0.00 $0.00 $3,820 Submit to resource agencies $1,480.00 $0.00 $0.00 $0.00 $1,480 $3,170.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 so
Subtota! $8,470.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL HOURS 400.5 589.00
TOTAL COSTS $1, 920.00 $747.50 $44,055.00 $0.00 $9,765.00 $0.00 $200.00 $62,322.50$3,020.00 $1,766.70 $0.00 $0.00 $0.00 $0.00 $64,910.00
EXHIBIT C
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this day of - 2022, at
California.
Consultant