UltraSystems Agreement - Amendment #2
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT # 2
This Amendment #2 to the Professional Services Agreement (“Agreement”) is made effective August 23, 2022, by the City of Commerce, a municipal corporation (“City”), and UltraSystems Environmental Incorporated (“Consultant”).
RECITALS:
A. City and Consultant previously entered into an Agreement dated October 20, 2020, for services related to conducting a California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental analysis for a new facility designed to house Public Works and Transportation.
B. By this Amendment #2, the City and Consultant desire to amend the terms and conditions of the Agreement.
AGREEMENT:
NOW, THEREFORE, City and Consultant agree as follows:
1. The scope and fee set forth in the Agreement are updated and expanded as set forth in Exhibit A to this Amendment #2, which is attached and incorporated by reference.
2. The amount of $106,090 as previously authorized in the Agreement (which is inclusive of any increases by prior Amendments, if any) is increased by an additional $22,630 for a total amount not to exceed $128,720 for the performance of the services of this Agreement including this Amendment #2.
No Further Modification: except as set forth in this Amendment #2, all of the terms and provisions of the Agreement, including prior Amendments (if any), shall remain in full force and effect.
IN WITNESS WHEREOF, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both City and Consultant, City and Consultant have executed this Amendment #1 to the Agreement as of the date first above written.
UltraSystems Agreement - Amendment #2
City: City of Commerce
Signature: _________________________
Name: Oralia Y. Rebello
Title: Mayor
Date: _________________________
Attest:
Signature: __________________________
Name: Lena Shumway
Title: City Clerk
Date: __________________________
Approved as to Form:
Signature: __________________________
Name: Noel Tapia
Title: City Attorney
Date: __________________________
Consultant: UltraSystems Environmental Incorporated
Signature: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
Betsy A. Lindsay
President/CEO
8/15/2022
Corporate Office – Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
VIA EMAIL
August 12, 2022 EXHIBIT A
Project 7072B
Claude McFerguson, Director of Transportation
City of Commerce
5555 Jillson Street
Commerce, CA 90040
E: [email protected]
Subject: Amendment #2: CEQA Addendum Relating to Precise Site Plan Modifications Dear Claude:
As detailed below, UltraSystems Environmental, Inc. (UltraSystems) is pleased to submit this change order to prepare an Addendum because of modifications to the Conceptual Site Plan have taken place.
The City’s schematic design concept for the TMF facility is dated 5/31/22 and was prepared by Stantec.
It is now at a 65% design level, and it is anticipated that no more modification will take place. The modifications by the lead architect (Stantec) are technical changes/additions to the previous design work that was contemplated by the City to enhance the facility.
For this project UltraSystems will follow the guidance of 14 CCR Section 15162 for the preparation of an Addendum. At this time, UltraSystems is not expecting that any new mitigation measure would be needed and that baseline technical work previously prepared for this project can be fully utilized for this Addendum.
1.0 SCOPE OF WORK
UltraSystems will developed the Addendum’s work program to utilize an environmental checklist format. Mitigation measures from the City’s previously “certified” TMF IS/MND will be set forth in this Addendum. Prior to assessing the potential impacts of these new modifications/features, UltraSystems will rely on the lead architect to prepare a summary of features, those features will be included into a Project Description, which we will then submit to the City for review and approval before proceeding.
The purpose of this is to ensure that the project description captures the “whole of the action” as required by the State CEQA Guidelines and provide an efficient environmental analysis within the checklist topical areas.
MAJOR TASK 1.0: PROJECT INITIATION, PROJECT MANAGEMENT & PROJECT DESCRIPTION Task 1.1: Kick-off Meeting and Project Meetings. One project kick-off meeting would be held with City staff to finalize the work program, identify, and collect materials in the possession of the City (i.e., all plans affecting the project site) and relevant to the performance of this work assignment, verify the project schedule, and address any budgetary concerns, and discuss any other related matters.
UltraSystems will be available throughout the term of our services to respond to any City requests for input concerning various aspects of the CEQA process. Should the City request any additional meetings Claude McFerguson, Director of Transportation
City of Commerce
August 12, 2022
beyond the number indicated would be compensated in accordance with the terms and conditions contained in our Standard Rate Schedule.
Task 1.2: Project Management and Coordination. This Task facilitates the undertaking of routine project management and communications functions of our Project Manager throughout the contract performance period with the City and with our internal project team.
Task 1.3: Project Description. Within 1 - 2 weeks from the written notice to proceed and receipt of project related information, UltraSystems will prepare a draft Project Description for use in the Addendum. This section will contain all the information required under § 15124 of the CEQA Guidelines including a description of the land use plan and timing for construction of all required improvements.
UltraSystems will revise the Project Description based on comments received from City staff.
MAJOR TASK 1.0: PREPARE DRAFT and FINAL ADDENDUM
Task 4.1: Prepare Draft Addendum. The Initial Study/Mitigated Negative Declaration will serve as the primary environmental clearance document. The Addendum will be structured as follows:
1.0 Introduction
2.0 Project Description
3.0 Environmental Evaluation
For Each Relevant Environmental Topic:
• Summary of Previous Project Analysis and Conclusions (i.e., includes Mitigation Measure Requirements)
• Proposed Project Analysis and Conclusions (based on impact thresholds in CEQA Guidelines Appendix G, Environmental Checklist)
4.0 Environmental Determination
Therefore, for each question under each environmental topic discussed in the Addendum, one of the following findings will be made:
• New information showing new or increased effects compared to prior IS/MND; • New information showing ability to reduce, but not eliminate effects compared to prior Is/MND;
• Less than Significant Impacts/No Changes or New Information Requiring the preparation of an MND; or,
• No Impact.
For the Addendum to stand as appropriate environmental document, each impact of the modified project would fall in one of the last two categories.
Task 4.2: Prepare Final Addendum. Upon completion of the Draft Addendum, UltraSystems will submit it to the City for review and comment. Upon receipt of the City’s comments, UltraSystems will modify the Addendum accordingly and provide the City with one (1) final proof check copy in advance of the Public Hearings for the proposed project.
Note that the Mitigation Monitoring and Reporting Program (MMRP) from the Certified IS/MND will be incorporated as an Appendix to the Addendum.
Claude McFerguson, Director of Transportation
City of Commerce
August 12, 2022
WORK PROGRAM – MAJOR DELIVERABLES BY TASK
MAJOR TASK DELIVERABLES
1.0 Project Initiation, Project Management
and Project Description
• Draft and Final Project Description: One electronic
copy in MS Word format.
•
2.0 Prepare Draft and Final SWIP Specific
Plan FEIR Addendum
• Draft and Final Addendum: One electronic copy in
MS Word/PDF formats.
2.0 PERFORMANCE SCHEDULE
For the Addendum, UltraSystems proposes a performance schedule for this proposed project which would have the CEQA compliance document ready to go to public hearing approximately7 weeks or less from commencement to proceed
ADDENDUM MILESTONE SCHEDULE
Major
Task
No.
Task Name
Task
Duration
(Weeks)
Cumulative
Duration
(Weeks)
1.0 Project Initiation, Project Management, Project
Description 2 2
2.0 Prepare Draft/Final Addendum 4 6
3.0 Prepare MMRP and NOE 1 7
4.0 Public Hearing TBD TBD
Assumptions:
1. Task 1.0 is assumed to be the week UltraSystems is provided written authorization to begin work.
2. UltraSystems is not responsible for schedule delays beyond its control.
3. Tasks may be performed concurrently within the same week, begin concurrently, or both.
4. Weeks are assumed to be work weeks consisting of five days.
5. The public hearing/meeting would take place at the City’s discretion.
6. Each City review round will consist of one week or less.
Claude McFerguson, Director of Transportation
City of Commerce
August 12, 2022
3.0 FEE SCHEDULE
The proposed fee to prepare an Addendum for the TMF project is provided below. UltraSystems’ 2022 Standard Rate Schedule is also provided and a detailed cost breakdown with all labor costs is attached.
The City would be billed on this Fixed Fee Contract on % complete each month.
FEIR ADDENDUM COST BREAKDOWN BY TASK - SUMMARY
TASK # TASKS FEE ($)
1.0 Project Initiation, Project Management and Project Description
1.1 Project Kick-Off Meeting; Project Meeting $350
1.2 Project Management and Coordination $1,690
1.3 Project Description $2,210
2.0 Prepare Draft/Final Addendum
2.1 Prepare Draft Addendum $12,500
2.2 Prepare Final Addendum $3,650
3.0 Prepare Draft/Final MMRP and NOE
3.1 Prepare Draft and Final MMRP $640
3.2 Prepare Notice of Exemption $890
4.0 Public Hearing (if required)
4.1 Public Hearing $700
TOTAL COSTS $22,630
Notes:
1. Fees were calculated using UltraSystems’ 2022 Standard Rate Schedule
2. Mileage associated with direct costs was calculated using the IRS 2022 rates of $0.62 cents per mile.
3. Fees include labor and direct costs (including mileage, and printing and mailing of reports and notices).
Claude McFerguson, Director of Transportation
City of Commerce
August 12, 2022
ULTRASYSTEMS STANDARD RATE SCHEDULE | Effective January 2022 PROFESSIONAL STAFF Hourly
Principal $185
Director $175
Senior Project Manager $165
Project Manager $160
Senior Principal Engineer $175
Senior Scientist/Engineer $165
Scientist/Engineer $150
Staff Scientist/Engineer $140
Senior Planner $125
Associate Planner $120
Planner/Environmental Analyst $110
Senior Biologist II $130
Senior Biologist I $125
Staff Biologist II $120
Staff Biologist I $110
Associate Biologist $100
Cultural Specialist $135
Archaeologist $120
Cultural Monitor $85
Senior GIS Analyst $110
GIS Technician $100
Word Processor $75
Intern $50
FIELD EQUIPMENT Daily Weekly
Excavation Screen $5 $20
Field Supplies (shovels, health and safety, flagging, binoculars, etc.) $15 $60 Garmin GPS (non-Trimble) $5 $20
iPad Data Tablet $25 $100
Kestrel Anemometer (or equivalent) $5 $20
Photoionization detector (PID) or equivalent $100 $400
Quest SoundPro SP-DL-1–1/3 Sound Level Meter (or equivalent) $110 $440 RKI GX-2003 Multi-Gas Meter (or equivalent) $65 $260
Trimble Geo7x GPS Unit with Rangefinder (or equivalent) $120 $560 XRF Analyzer $95 $380
Consultant support (printing, reproduction, and other direct expenses) will be billed at a rate of cost plus ten (10) percent. Automobile mileage will be charged at IRS standard rates. Travel time will be billed as indicated in the hourly rate schedule above. Invoices will be submitted monthly for work in progress and at completion of contract obligations and are payable upon receipt. Fees not paid within thirty (30) days of invoice date may be assessed an interest charge of one and one-half (1.5) percent per month, from the date due (net 30). Attorney fees and court costs incurred for collection of delinquent accounts will be borne by the client.
Claude McFerguson, Director of Transportation
City of Commerce
August 12, 2022
As the President of UltraSystems, I am a duly authorized officer of the firm with the legal authority to bind and commit the firm to contractual obligations, and to submit proposals on behalf of the firm.
UltraSystems i fee proposal is valid for 90 days. For questions, please contact me at T: (949) 788-4900 ext. 227 or C: (949) 274-3935 or by email at [email protected].
Sincerely,
ULTRASYSTEMS ENVIRONMENTAL INC.
Betsy A. Lindsay
President/CEO