Cities Index.
Agenda packet

Costa Mesa City Council
February 1, 2022

Document
Agenda packet
Meeting
February 1, 2022
Body
Costa Mesa City Council
Pages
73
Original file
119.7 MB
Text extracted from the city's file for reading and search. Open the original on costamesa.legistar.com. That file is the official record.

BACKGROUND AND PROJECT SUMMARY

Fairview Park is the City’s largest park, hosting 195 acres of natural open space area and 13 acres of passive parkland for a total of 208 acres. Within the 195 acres of open space, there are two Native American Nationally Registered Historic Sites and five different habitat ecosystems which are home to many rare and endangered plant and animal species. These sensitive habitats require local, state, and federal regulatory compliance for protection and preservation. FVP also offers users multiple passive recreational opportunities such as picnicking, wildlife viewing, and more than seven miles of trails for walking or bicycling. The City’s management of Fairview Park requires finding balance between the protected habitats and public uses.

On April 4, 2017, the City Council approved a Professional Services Agreement with Endemic to provide contract services at Fairview Park from April 4, 2017 - April 3, 2020, which was extended for four more months up to September 2021. This contract was approved to provide b iological, management and maintenance services at Fairview Park. Our scope included a special wetlands project to remove excessive vegetation and algae from the wetland ponds and to assist with water flow and minimization of breeding area for mosquitos. In addition, it has become necessary for Endemic to perform daily wetland services rather than quarterly, and to assist with monitoring and restoration of the site.

Endemic understands that the Parks & Community Services Department of the City needs a comprehensive performance evaluation of the Fairview Park wetlands and riparian habitat areas, including the ponds and water delivery and conveyance systems. We understand that this evaluation is primarily a wetland engineering analysis intended to evaluate the hydrological, structural, and operational efficiencies of the ponds, water conveyance systems, and water treatment facilities which provide water quality benefits through the treatment of dry weather urban runoff, as well as supplying a water source for the wetland mitigation/riparian habitat areas.

Other important components of the project include an understanding of the biological resources, an evaluation of vector control issues, the health of the overall system, and an understanding of the habitat mit igation/revegetation components of the project, which might pose constraints on the development of remedial solutions. This analysis would look at the current functionality of the water distribution and conveyance systems, including delivery systems, ponds , channels, and structural components, in comparison to the original design and to determine how the current challenges can be remedied without adversely affecting the wetland/riparian mitigation areas. These issues need to be evaluated and analyzed in detail so that practical solutions can be developed that are the least environmentally damaging from a CEQA/NEPA perspective while supporting the long-term goals of the overall project.

Endemic has a strong background in open space and native habitat park ma nagement and maintenance. The management requires strong knowledge of the various habitat types and experience/qualifications with biological regulations for species of special concern (including San Diego and Riverside fairy shrimp, CA gnatcatcher, Least Bells’ Vireo, and numerous protected plant species). 1382
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The different maintenance and management areas of Fairview Park that will be addressed by this scope are:
● Approximately 50 acres of Grasslands which support native grass scrub including Southern Tar Plant, Purple Needle Grass, and Burrowing Owls
● 40 acres of riparian habitat and 6 acres of constructed pond and channel wetland system (cleans urban run-off) under Conservation Easements
● Vernal pool complexes totaling 35 acres of watershed area and four acres of pools under restoration permits from US Fish and Wildlife Services
● Approximately 80 acres of Bluff, Canyon & Coastal Sage Scrub areas.

We understand that successful achievement of project goals and objectives is very important to demonstrate success and sustainability to the stakeholders and agencies that participated and helped fund this project. Our analysis and design solutions will consider all site and environmental conditions so that the solutions that are reached are the least environmentally impactful and can comply with the jurisdictional and resource agency permit requirements and expectations.

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METHOD OF APPROACH

1. Implementation Plan

Over the last 12 years, the Endemic Project Team has developed a successful implementation plan for managing the natural resources at Fairview Park. These methods include a streamlined chain of command with our internal team that quickly and freq uently communicates with the City staff through the appropriate channels so that pertinent information is distributed effectively to ensure that the Park is managed in a responsible and effective manner. Endemic uses staff that have 4 -12 years of experience working at Fairview Park with City staff and the community. Our approach integrates Project Management Plans (PMPs), detailed schedules, budget controls, and a frequently updated Priority Task List that delegates the specific work tasks outlined to compl ete the Scope of Work. The Gantt Chart provided in Section 3 breaks down our work methodology into tasks, task owner, duration, and timeline to ensure that each objective is met. Our Project Management Team conducts bi -weekly Site Inspections, coordinates with the Endemic Field Crew, and documents progress of these restoration areas and the biological services that are described in this RFP.

Endemic submits a monthly report of all of our tasks and duties to ensure that the City has a transparent record of t he management of Fairview Park. This report includes biological surveys, wetland management and maintenance, trespassing surveillance, and overall habitat health and assessment. Photo documentation and two -way communications ensure that services such as th e cattail and algae removal, weir clearing, and wetland inspections are documented on a daily basis.

Endemic appreciates the multiplicity of stakeholders that utilize Fairview Park, from casual hikers and bike riders to active organizations like the Sea & Sage Audubon Society. We manage stakeholder priorities to maintain balance between stakeholder interest and ensure that all parties' needs are met.

The Endemic Field Crew understands that they act as representatives of the City and greater Costa Mesa community and accordingly, while in the field, we maintain friendly communal interactions with all stakeholders. Endemic treats all public concern as a top priority, and we work hard to ensure that park stakeholders feel listened to and supported. Endemic also attends the Fairview Park Steering Committee Meetings and delivers presentations to committees, staff, and the community on the overall health and general information about Fairview Park. Endemic also works in conjunction with the Institute for Conservation Research and Education (ICRE) to host environmental outreach events and provide accessible environmental education for volunteers, community members, and participants of all ages.

Endemic will provide clear and timely deliverables, attend necessary committee meetings (upon request), and ensure that all pertinent City staff are updated and aware of any challenges that may be foreseen for Fairview Park. The Project Management Team monitors the progress of all biological services and tasks and understands the complex seasonal shifts in priorities throughout the park for any given year. Endemic intends to use our highly experienced and knowledgeable team to manage the Park with the intimate detail that has been developed over the many years of work at the park. 1384
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By training our team in a variety of fields from trimming and cutting to native plant identification and nesting bird surveying, we internally build the skills of our field crews to support all services that are required for the biological responsibilities at Fairview Park. Our team integrates cutting edge technologies to facilitate real- time communications and high -quality documentation. For example, the Endemic Environmental Drone Team can now use its drone technology for wildlife surveillance (i.e. bird nests, coyotes) and trespassing (i.e. illegal fishing, trespassing encampments) to gather and report information that allows the Park and City to manage wildlife and maintain public safety for the Public use of the park and compliance with environmental laws and regulations.

2. Scope of Work

Endemic has performed Biological Maintenance and Management Services at Fairview Park for the last 12 years. In alignment with the Scope of Work, Endemic monitors and manages the water depth and flow throughout the wetlands. This task includes keeping the channels and weirs clear of algae and trimming emergent vegetation to reduce mosquito habitat and maintain flow throughout the ponds and channels. Endemic monitors and adjusts flow entering the wetland pond area. Endemic has been inspecting and removing blockages 1-2 times per week and manipulating channel pressure to ensure continued flow. The longer summer photoperiod leads to increased alga e growth throughout many of the ponds, and increased algal control is initiated during this period. The algae can slow the water movement throughout the ponds if left unattended. Endemic staff continues to monitor algae, push out blockages, and clear the weirs from algae build up and from storm debris.

Endemic staff monitor water quality to maintain healthy biological parameters and to prevent major problems that may affect the surrounding habitat. As part of our Water Quality Monitoring program we take measurements for dissolved oxygen, temperature, salinity, pressure, and total dissolved solids in order to inform water management actions for each pond. The water levels in the ponds have remained consistent and Endemic staff continues to make adjustments when needed for water level stability.

Bulrush, cattails and algae are natural features of a wetland, but in order to keep the ponds flowing as designed and in order to keep the mosquito population as low as possible, management of these native vegetal spe cies are often required. The Endemic Field Team is responsible for thinning, trimming, and clearing cattail and bulrush in the channels and around the connecting areas of each pond. Endemic staff will also clear paths for Vector Control access and trail maintenance. During the nesting season, each vegetated area is inspected for nests and nesting activity prior to cutting in order to avoid and mitigate potential impacts to native wildlife. Endemic advises when environmental compliance is required in regard to habitat management. Before any trail maintenance or mowing services start at Fairview Park, a survey is conducted to prevent sensitive plant and animal species from being harmed.

Endemic has a breadth and depth of experience in native and non -native pl ant community management. Currently, Endemic Staff applies hand pull weeding techniques, native identification and mapping, and non-native species management to prevent any further spread of the non -native species. The Field Crew has meticulous shrub and small tree removal techniques that minimize impact 1385
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to sensitive biological resources. These non -native removal efforts have demonstrated continued success throughout the site. The native plant species have gradually started to out- compete the non- native plants and current sections of the coastal sage scrub habitat and southwestern tar plant areas now have less than 1-3% coverage of non-native species. The ENDEMIC Field Team has worked closely with southern tar plant expansion and oak tree restoration and both habitats continue to show growth and enhancement each year.

The Endemic Biological Resource Team conducts nesting bird surveys, least Bell’s vireo surveys, coastal California gnatcatcher surveys, burrowing owl research, vernal pool mapping and protection, rare plant surveys, and biological monitoring throughout the project. The primary goal of this project is to restore and provide native habitat for birds and other wildlife by increasing plant diversity.

Endemic biologists continue to monitor the increasing wildlife usage throughout the wetlands and coastal sage scrub areas to determine restoration success. The Phase II area now provides continuous habitat for an impressive diversity of nesting birds, waterfowl, shorebirds, passerine s, and raptor species. There are several sensitive species that utilize the wetlands. These species range from summer residents such as the least Bell’s vireo, yellow-breasted chat, California least tern, and yellow warbler to winter/year -round residents s uch as the California gnatcatcher, northern harrier, and Cooper’s hawk. This past year, a native southwestern pond turtle (Actinemys pallida) was also found in pond D of the wetlands, indicating that these ponds can support native herpetofauna. Endemic provides survey reports, sensitive species flagging and mapping, and cooperative biological monitoring in order to ensure the Park’s compliance with the protection of these rare and sensitive species.

Endemic will assist the City in completing OCTA deliverables and maintaining environmental compliance for with the Migratory Bird Treaty Act (MBTA), Federal Endangered Species Act (FESA), California Endangered Species Act (CESA), CEQA, and Waters of the U.S. Jurisdictions and Certifications. Endemic will monitor the Phase II wetland and oak tree restoration site and submit reports for the City of Costa Mesa’s records. This is included in both Quarterly and Annual Reports.

Endemic monitors the habitat conditions at the park, alerts the city on any concerns, and pro vides recommendations, especially in sensitive areas. Site Inspections and Habitat Assessments of Fairview Park are frequently conducted by the Project Manager to monitor and observe landscape maintenance needs, invasive species in restoration areas, vandalism, and trespassing issues. Habitat assessment maps are then created to illustrate non -native species coverage, seasonal changes, and vegetation management that has been conducted throughout the Phase II Site. Additionally, Endemic documents vandalism an d trespassing, trash and other non- compliance issues, which is communicated to the City in order to inform management actions. Endemic Project Managers are readily available for meetings with the City to discuss open space management strategies, habitat conservation, and public usage and participation.

The Project Manager will record and report any act involving property damage, such as graffiti and/ or property defacement. The Endemic Staff will often work with the City staff to support amenity repair and installation projects for trail fencing, signage, and protection measures in environmentally sensitive areas like the vernal pools. In addition, Endemic will report illegal trespassing in the wetland 1386
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and surrounding areas. Endemic documents and coordinates with the City for any act involving non- compliance in the restoration areas and sensitive habitat areas. Trash has been markedly reduced within the wetland channels thanks to cooperation with the City’s consistent clean- up efforts.

Endemic provides maps, photographs, and general data management of biological efforts when requested by the City.

3. Schedule

Figure 1 shows the Gantt Chart for the project schedule, deliverables, task durations, and an annual timetable of completion.
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Figure 1
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4. Specific Tasks with City Staff

Endemic will consult with City staff in order to ensure environmental compliance and establish maintenance priorities, park event preparation, and clean -up efforts throughout Fairview Park. We will work with the City for specific task orders, budgets, and approvals as needed to properly complete all tasks listed in the Scope of Work. Endemic staff will communicate with the City regarding any biological management issues that arise and will coordinate with Priority for vegetation maintenance and nesting bird survey scheduling. Endemic will coordinate with the City to schedule these meetings and to schedule any upcoming mowing or trimming activities during the nesting bird season.

The City clean-up efforts have proven to be highly effective in coordination with Endemic for preventing trespassing, reducing illegal fishing and littering, and protecting the wetland areas. The Endemic Drone Team will continue to provide wetland monitoring and update the City and neighboring local municipalities. We will also work with Orange County’s Vector Control through the drone services and cattail, bulrush, and algae management services to ensure that the mosquito populations a re kept in control. We will work closely with the City Parks and City Yard for proper vegetation disposal and any additional landscape management support work that is needed at Fairview Park.

5. Additional Innovative Services

As an experienced land management company, Endemic understands that special issues and problems can arise when managing large open spaces. There are many known land management challenges such as trespassing, litter, encampments, fires, and flooding. In order to effectively monitor and manage this, Endemic has an established Drone Aerial Surveillance Program that provides maximum efficiency, safety, and performance capabilities while increasing operation cost efficiency.

The Endemic Drone Team can provide continuous aerial imagery monitoring through pond surveys, channel inspections, trespasser reporting, and nesting bird updates. The drone surveillance documents seasonal changes in native vegetation establishment, algae growth, and nesting activity for migratory birds such as the white-faced ibis. Aerial wetland surveys and thermal surveys report any encampment activity, trespassers, graffiti, littering, fish die-offs, habitat destruction and potential fires throughout the wetland. The drone services can also provide aerial ove rwatch with thermal technology to allow first responders and maintenance crews to approach these areas safely and securely.

Flight logs, encampment mapping, and photo documentation synthesize this data will be sent to the City and local municipalities to c oordinate clean -up efforts, vegetation maintenance, and wildlife protections throughout the wetlands. The drone surveys also provide coyote monitoring and 1390
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management in order to keep the public safe while allowing this species to provide important top- down regulation for the surrounding ecosystem.

Endemic is also able to provide a variety of additional restoration services thanks to our extensive background with native habitat restoration techniques. These additional services include hydroseeding as a form of initial planting and erosion control, aquatic and wetland restoration services, and plant tissue culture growing techniques. Through our partnership with Tree of Life Nursery, we are able to provide high quality plantings from seed and as plantings on a massive scale.

Our diversity of techniques and specific restoration focus allow us to provide new solutions to environmental restoration projects. We also partner with UC Irvine to research restoration science techniques that maximize resource efficiency and survival rate efficacy. Restoration work often comes with challenges and low planting success rates, but our adaptive management and helpful partners have tremendously increased our survival and sustainability rates for successful restoration. We can provide these new solutions that are on the cutting edge of restoration science.

6. City of Costa Mesa Hiring & Recruitment

Endemic is dedicated to supporting former City employees. Endemic and providing work for continued City services amidst these uncertain times. Endemic Staff come from a variety of diverse backgrounds and future recruitment or hiring will prioritize former City employ ees. We will happily consider any former City e mployees who have experience in the environmental field and interest in wetland management and maintenance.

Endemic values the internal experience and knowledge that City workers provide as part of our team.

We are always receptive to new partnerships wit h the hiring process. We have hired City of Costa Mesa employ ees in the past and provided them with training and environmental education to strengthen the foundation of skills for our team. There are many ways to build these skills for those who express interest but do not have experience in the trade.

Endemic hosts City and Community Outreach Events with ICRE such as Community Habitat Restoration Events, Wildlife Education Programs, and Park Tours for all aspiring biologists and restoration ecologists and for participants of all ages.

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QUALIFICATIONS AND EXPERIENCE OF FIRM/TEAM

Endemic Environmental Services, Inc. (Endemic) -- Prime Endemic is a renowned multidisciplinary environmental consulting firm that serves public and private sector clients. ENDEMIC is a California S -Corporation established in 2011. Our main office is located at 1100 W. Arroyo Ave., Fullerton, CA 95933.

We have the following licenses and certifications: Costa Mesa Business License: 55948 • Federal ID:
45-2486277 •California # C3382992•Certified DBE/Caltrans CUCP #46698, DGS SBE-Micro #1756634, DIR #1000035237, C-27 License #1048090
Endemic team members consistently apply their extensive scientific expertise, experience, initiative, and innovation to find practical solutions to natural resource management issues. We are specialized in Habitat Restoration, Mitigation and Maintenance tasks; and have worked within different ecosystems, including wetlands, creeks, waterways and coastal sage scrub.

Barry Nerhus is the president of ENDEMIC and founded the environmental consulting business in 2009. Endemic has been steadily building a reputation as a strong and versatile firm with team members who are highly qualified, plus responsive for effective studies and reports in the environmental sector. For more than 12 years, ENDEMIC has provided environmental consulting services for land development, and habitat conservation projects. Our goal is to maintain a streamlined approach that focuses on compliance with all environmental laws and regulations by both public agencies and private sector clients.

Endemic’s Biological Resource Team conducts avian nesting surveys throughout each year to ensure that clients are compliant with regulations issued by CA DFWS, US FWS, USACE to comply with CEQA and NEPA requirements.

BrightView Landscaping, LLC (BrightView) - Subconsultant BrightView is a California C-Corporation established in 1949. The Corporate Office is located at 27001 Agoura Road, Suite 350, Calabasas, CA 91301. The Orange County main operations office is located at 1960 S Yale St, Santa Ana, CA 92704.

The following are their licenses and certifications: Costa Mesa Business License: 08434• Federal ID:
95-2651541 • DIR #1000005364, •C-27 License #266211
BrightView Companies, LLC. is the largest landscape company operating throughout the United States, with 144 years of combined industry knowledge and experience. BrightView has a long -established trajectory as one of the biggest landscape maintenance services companies in California; this division was formed through the merger of Brickman Group and Valley Crest Landscape Companies in 2014 to form BrightView Landscape Service, Inc. On June 28, 2018, BrightView kicked off as a publicly traded company with stocks open for trade under NYSE: BV.

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BrightView operates with minimal corporate overhead; this means more cost savings to our clients and faster reaction to concerns and requests. We are competitively priced in all market segments and our financial stability can be supported by bank references and letters of good standing. Their bonding capability is $10 Million, over $100 Million nationwide

BrightView holds the current contractor’s license with C27, C31, C61, and D49 categories. They have experience and in -house site development expertise in multiple areas and licensed technicians to manage sports turf, irrigation system management, water management, erosion control, chemical application, fertigation, arbor care, weed abatement and pest management.

Experience:

The Endemic team is committed to performing services that the City of Costa Mesa will procure through the task orders. See Table 1 for projects experience and their c omponents/categories. We assist several public clients on a broad range of projects that improve their communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests.

Endemic has significant experience restoring and consulting in a wide variety of habitats, including the following: coastal sage scrub, grassland, chaparral, riparian, wetland, coastal dune, salt marsh and channel island scrub. See Table 2 of species that we have encountered with our projects. Additionally, our team includes avian and marine biologists that are permitted to conduct focused surveys for both federally and state listed species. All endangered species surveys are conducted in compliance with agency survey protocols.

Our professionals find practical, cost -effective approaches to help you achieve your specific project goals. We work to build your trust, which allows us to offer constructive solutions with your project's long-term success in mind.

The Endemic team focuses on:
• Natural Resource Management: We provide science -based analysis for preserve design and species survey methodologies, coupled with habitat planning, permitting, design, and installation expertise.
• Infrastructure Development: We have in -depth experience managing projects where science, regulatory requirements, and community and stakeholder interests converge. We guide clients through analysis, permitting, and implementing private development and public infrastructu re projects.
• Regulatory Compliance: We have established strong working relationships with the local staff of California and federal regulatory agencies. Our knowledge of agency expectations, inter - agency agreements, and local regulations involving your project are vital for keeping projects moving forward and obtaining final approvals.
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TABLE 1

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TABLE 2
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E
Fairview Park (FVP) is the City of Costa Mesa’s largest park, hosting 195 acres of natural open space area and 13 acres of passive parkland for a total of 208 acres. Within the 195 acres of open space there are two Native American Nationally Registered His toric Sites, five different habitat ecosystems which are home to many rare and endangered plant and animal species. These sensitive habitats require local, state, and federal regulatory compliance for protection and preservation. FVP also offers users multiple passive recreational opportunities such as picnicking, wildlife viewing, and more than seven miles of trails for walking, jogging and bicycling. The City’s land management plan requires balancing the protected habitats and public uses of the park.

The 50 acres of Fairview Park Wetlands and Riparian Habitat area includes a pond system, sensitive habitats, and endangered species that the City is contractually committed to maintain in perpetuity.

This site included the restoration of many different habita ts including wetlands, riparian, grassland, oak woodland, and coastal sage scrub communities. This combination of high biodiversity, fervent attention to detail, and the ability to maintain productive and open communication, has led to a successful habitat where raptors, southern tarplant, California gnatcatchers, and other noteworthy species have begun to flourish.

Endemic has provided year- round biological oversight and maintenance for the Fairview Park Wetlands and Riparian Habitat.

We wrote and submitted quarterly and annual reports on their work and the habitat conditions as part of the mitigation agreements for the City. We were responsible for the restoration design and implementation for this park, plus maintenance and repairs through hydroseeding of three acres of grasslands and oak and two acres of tarplant. We have undertaken nesting birds surveys, vernal pool restoration, monitoring of pump station and channel flows for vector control.

CLIENT/OWNER
City of Costa Mesa

REFERENCE
Cynthia D’Agosta
Phone: 714-754-5291
Email:

[email protected]

PROJECT DATES
April/2017 to September/2021

COST/FEE
$1.1 million

PROJECT AWARDS
Awarded CA “Environmental
Stewardship Program”
Fairview Park Wetlands and Habitat Restoration
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OCWD owns 2,150 acres behind the Prado Dam within
unincorporated Riverside County, referred to as the Prado Basin. The agency operates and manages the 4 65-a
cre Prado Wetlands within
the basin. In compliance with the Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW), it implemented a Sediment Demonstration Project on a 14-acre site on the Santa Ana River, located approximately 1.3 miles upstream of the Prado Dam. Part of the project is a 20 -acre dewatering and storage site with four acres of planted native riparian habitat for the potential impacts associated with annual operations of the Prado Wetlands.

Th
e project consists of two separate parcels, Site 1 and Site 2. Site 1 is a 4 -acre plot located in the northeastern corner of the Pheasant Field
. Site 2 is a 4-acre plot located east of Site 1 and just outside the Pheasant Field boundary. Site 1 was cleared of vegetat ion prior to planting with container plants and an irrigation system installation.

E
ndemic implemented a native plant restoration project in the Prado Basin. We installed deep pole cuttings of Fremont’s cottonwood (P
opulus fremontii ), black willow ( Salix gooddingii ), and mulfat (Baccharis salicifolia ) scattered throughout the site. We designed and installed an above ground filtered drip irrigation system at Site 1 . The system will supply each of the 4000 plants with 1 -gallon of water within a 2 -hour period. The mainline is connected to a 5000 - gallon water storage supplied by and placed by OCWD staff along the southern edge of the site prior to planting. Cam locks are installed at the
tank to accommodate a small trash pump which is used to run the system. B rass ball valves are installed and used to control the f
low to each station. Two in-line filters (Rainbird) are installed above ground to help reduce clogging of the emitters. Endemic was responsible for purchase of all irrigation system materials. Endemic will
also provide a 90-d ay Site Maintenance Period for Site 1. This include
d keeping the site free of weeds, repairing irrigation, and watering for the first 30 days.

CLIENT/OWNER
Orange County Water District

REFERENCE
Bonnie Johnson
Habitat Restoration Manager
Phone: 951-757-0782
Email: bjohnson@ocwd

PROJECT DATES
April/2021 to July/2021

COST/FEE
$ 48,000
Prado Basin Sediment Demonstration Project – Habitat Restoration 1397
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The Natural Treatment System (NTS) Habitat Monitoring Project includes over 32 sites throughout the Irvine Ranch Water District’s (IRWD) management area. These sites are designed to treat dry weather runoff from the urban components of the watershed.

The treatment of urban runoff is one of IRWD's core responsibilities.

The California Water Code grants IRWD the authority to construct, maintain and operate urban runoff treatment facilities within our service area. The NTS also provides riparian habitat and water-quality benefits to wildlife throughout the watershed. The San Joaquin Marsh consists of 320 acres and is IRWD’s flagship NTS site. The wetlands are a critical component as they naturally clean urban runoff from San Diego Creek and help to protect the Upper Newport Bay.

The San Joaquin Marsh has become an important biological asset in the region. It is a stopover for many bird species migrating along the Pacific Flyway. The overall size of the marsh provides on-site nesting habitat for approximately 70 species of birds. Over 280 species have been documented as occurring since 2000. The adjacent San Diego Creek and its associated riparian habitat also act as a corridor for birds and other mobile wildlife to access the marsh. Floral diversity is impressive for a site of this size; over 120 species of plants have been documented from the site.

Three other NTS sites (Los Olivos, Lower East Foot, Forge) contain wetlands that have dry slope vegetation on the banks . Endemic routinely performed the qualitative assessment of the vegetation coverage, non -native plan coverage, woody material surveillance, waterflow and wildlife usage. Routine irrigation and landscape maintenance services at the site are done by Land Care. Additional work such as mulch replacement, irrigation repairs, aquatic herbicide application, aquatic vegetation removal, and sediment removal are being performed throughout the year.

CLIENT/OWNER
Irvine Ranch Water District

REFERENCE
Mo (Maureen) Wise
Phone: 949-525-7234
Email: [email protected]

PROJECT DATES
2019—Ongoing

COST/FEE
$ 300,000
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FINANCIAL CAPACITY
Endemic has the financial capability to perform the task orders to be released by the City under this contract. We are also fully insured as shown by C ertificate of Insurance below with the City of Costa Mesa listed as the owner.
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KEY PERSONNEL
The Endemic team consist of specialized experts in their respective fields. The full resumes of our team members are included in Appendix - Resumes.

Barry Nerhus, Principal Biologist/Project Manager
Barry is a Principal Wildlife Biologist and Ecologist over 15 years of experience in biological research, environmental assessment, wildlife studies, contract management, and inter-agency coordination.

Barry is trained in a broad range of natural resource disciplines including biological
surveys and monitoring, habitat restoration ecology, wetland science, botany, he
rpetology, and ornithology.
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holds CDFW Scientific Collecting Permits as well as USFWS Recovery Permit/Authorizations to conduct surveys for California red-legged frog and other regulated species.

He has extensive experience managing restoration and monitoring projects involving sensitive habitats and species. Barry has managed and conducted numerous herpetological surveys on a variety of p
rojects. He is extensively experienced with pitfall trap inventories and population assessments for multiple species, including years of focused research on western pond turtle ecology for conservation management practices. He is also experienced in botanical surveys, invasive species eradication, and w
etland restoration.

Lyell Buttermore - Biologist
Lyell has t hree years of experience w riting biological monitoring r eports, conducting environmental surveys and research, and working on ecological restoration and mitigation management projects. He has a broad range of experience with nesting bird surveys, species-specific surveys, rare plant surveys, habitat restoration pr ojects, trapping and banding, land management, and conducting environmental research. He also has experience with RStudio, GIS and GPS, and the Survey123 and Collector apps as part of ArcGIS.

For the Fairview Park project, Lyell served as Biologist with the task orders dealing with habitat restoration
mitigation and monitoring for the restoration area within the Park. He led activities such as surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of following: fairy shrimp on vernal pools, red-t ailed hawk, white- tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests. He monitored
and restored areas with native tar plant and other rare plant species throughout the park.

Luma Fowler - Biologist
Luma has combined over 10 years of multidisciplinary industry expertise with an emphasis in environmental solutions, writing environmental documents, ecological re storation and wildlife assessments given her technical and problem-s olving experiences in various ecosystems.

Fo
r the Fairview Park project, L uma served as Biologist undertaking restoration and mitigation tasks. Her duties included the design, preparation and assisting restoration projects within different ecosystems, including wetlands, coastal sage scrub and natural water treatment systems. She conducted plant surveys, wildlife surveys, and provided training to landscaping crews. She prepared reports, developed plans, employee schedules and implemented steps to move projects toward closure in the most effective manner.

Kent Nerhus – UAS/Drone Specialist
Kent is the licensed FAA Pilot and head of UAS Operations for Endemic. H e has seven years o
f experience in the UAS industry involved in many different segments of the industry. His expertise includes aerial photo/video, transmission and distribution towe r inspections, infrared via thermal, search and rescue, water way inspection, vegetation identification, raptor survey, topography mapping, 3D mapping, 2d mapping. For the Fairview Park project, Kent was the drone operator that conducted all waterway, vegetation, GIS mapping, and thermal data collection.

Amo
ng his tasks are as follows:
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RFP for Biological Maintenance and Management Services (22-01)

Page 23 ends

● Aerial thermal water way inspection for Fairview Park restoration projects that include hydroseeding for parts of the park that needed habitat restoration and vegetation. ● Transient environmental impact survey in conjunction with Costa Mesa Police Department.

Mic
hael Parashar has ten years field experience with biological monitoring, conducting environmental surveys and research, and working on ecological restoration and mitigation management projects. He attended a Desert Tortoise Certification Program, which provided specific training on identifying and minimizing disturbance to Desert Tortoise through a multiple day training. He also has monitored an over wintering burrowing owl population in Fairview Park since 2013.

Ani
ta Arenas is an ecologist with a broad range of experience and knowledge with restoring native plant species, maintaining wetlands, and biological monitoring. She has three years of experience working specifically in biological and ecological research. Anita has gained experience conducting environmental surveys, monitoring sensitive species, and participating in ecological restoration and mitigation management projects. She has taken the Desert Tortoise Training in 2019 presented by the Desert Tortoise Counsel.

Chr
is Fabella is an ecologist with a broad range of experience and knowledge. He comes from a graphic design background and has transitioned to the field of ecology and restoration. He has three years of experience working in the field of biological resource management. He has been an integral p art of the Endemic team managing the many habitats of Fairview Park. He conducts bird surveys, monitors water quality, manages invasive plant species, and monitors regulated species within the park, including an overwintering burrowing owl population.

Ja
son Blevins has transitioned from being a firefighter to habitat restoration at Fairview Park. His tasks include planting and maintaining sensitive habitat. Tools used, gas powered auger and various hand tools. Daily tasks at Fairview Park include - maintaining a five Pond wetland habitat, removing any debris from ponds. Removing invasive plant species in riparian, coastal sage scrub, and grassland areas of park.

Armando Arvizu is a certified Arborist and Branch Manager with BrightView, overseeing all Tree Care operations for Greater Orange County. An eight- year veteran of the company, his teams have managed and maintained tens of thousands of trees throughout Southern California for many years.

Christian Galindo, QAL, is a 15-y ear veteran of BrightView and Senior Branch Manager overseeing multiple branches and over 200 staff. He has extensive experience successfully managing landscapes for some of Southern California’s most discriminating customers and properties.

Heriberto Maquitico, QAL, is a 30+ year veteran of the landscape industry and Account Manager with BrightView. He has managed many of our client service teams throughout Orange County at a number of marquee clients.
1404
RFP for Biological Maintenance and Management Services (22-01)

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CO

ST PROPOSAL (UNDER SEPARATE COVER)
DI

SCLOSURE (INCLUDED IN APPENDIX C FORMS)
Ende
mic does not have any conflict of interest with any City officials and staff. We agree with the provisions of the standard contract agreement that will be issued for task orders. We also hold the insurance coverages that are required by the City.

Our subconsultant, Brightview Landscaping, also does not have any conflict of interest with any City officials and staff.
1405
RFP for Biological Maintenance and Management Services (22-01)

APPENDIX C FORMS
1406

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VENDOR APPLICATION FORM
FOR
RFP No. 22-01 for Biological Maintenance and Management Services TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION Is your business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
x
Endemic Environmental Services, Inc.

Barry S. Nerhus
President [email protected]
714- 393-6249
1100 W Arroyo Ave.

Fullerton, CA 92833
Barry S. Nerhus
President
t
[email protected]
714-393-6249
x
x
1407

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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)

Names Title Phone
___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

Federal Tax Identification Number: __________________________________________

City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.)

City of Costa Mesa Business License Expiration Date: ________________________________

714-393-6249
President & Secretary
Barry S. Nerhus
45-2486277
55948
2/28/2022
1408
CONTRACTOR C-27 LICENSE

L i c e n s e r e n e w e d o n 6 / 1 0 / 2 1 ; n e w e x p i r a t i o n i s 6 / 3 0 / 2 0 2 2

COSTA MESA BUSINESS LICENSE

1409

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EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer’s representat ives have not had any communication with a City Councilmember concerning informal RFP No. 22-01 FOR Biological Maintenance and Management Services at any time after August 4, 2021.

Date: _8/19/2021___________________________________________________ Signature
_Barry S. Nerhus______________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after August 4, 2021 with a City Councilmember concerning informal RFP No. 22-01 FOR Biological Maintenance and Management Services . A copy of all such communications is attached to this form for public distribution.
________________________________ Date: _______________________ Signature
________________________________
Print
________________________________
Signature
1410

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DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No __X___
If the answer is yes, explain the circumstances in the following space. 1411

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DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." None
1412

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COMPANY PROFILE & REFERENCES
Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor etc.): Corporation Active licenses issued by the California State Contractor’s License Board: C-27; 1048090 Business Address: 1100 W Arroyo Ave., Fullerton, CA 92833 Website Address: www.endemicenvironmental.net
Telephone Number: 714-393-6249 Facsimile Number:

Email Address: [email protected]
Length of time the firm has been in business: 12
Length of time at current location: 12
Is your firm a sole proprietorship doing business under a different name: ___Yes _X_No If yes, please indicate sole proprietor’s name and the name you are doing business under:

Federal Taxpayer ID Number: 45-2486277
Regular Business Hours: 8:00 AM - 6 PM (Monday to Friday) Regular holidays and hours when business is closed: All Federal holidays; Saturdays - Sundays Contact person in reference to this solicitation:

Telephone Number: Facsimile Number:

Email Address:

Contact person for accounts payable:

Telephone Number: Facsimile Number:

Email Address:

Name of Project Manager:
714-393-6249
[email protected]
714-393-6249
[email protected]
Barry S. Nerhus
1413

Page 36 of 39 ends

Facsimile Number: Telephone Number: 714-393-6249
Email Address: [email protected]
COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name:

Telephone Number: 949-525-7234
Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Irvine Ranch Water District (IRWD)
Mo (Maureen) Wise, Wetlands Manager
$ 300,000
[email protected]
15600 Sand Canyon Ave., Irvine, CA 92618
Habitat restoration consultant for Natural Treatment Systems (NTS) 42 wetland locations. Tasks included native plants restoration, handling of non-native and invasive plants through natural pest control methods. Subconsultant for IRWD's landscaping contractor (Landcare).

City of Irvine
Casey Gnadt, Open Space Administrator, Great Park Landscape Division Contract Amount: $ 50,000
Email: [email protected]
949-633-0325
8000 Great Park Blvd., CA 92618
Great Park has 50,000 acres of sensitive open spaces conserved through conservation easements and endowments. Services included avian nest surveys, non-native plant species mapping, invasive species management and agency coordination. EES also prepared a Biological Constraints Matrix for all their open space properties.

Orange County Water District
951-757-0782
Bonnie Johnson, Habitat Restoration Manager
$48,000
[email protected]
18700 Ward St., Fountain Valley, CA 92708
1414

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Brief Contract Description:

Company Name:

Telephone Number: 213- 452-3852
Contact Name: Naeem Siddiqui, Biologist, Ecosystem Planning Contract Amount: NA
Email: [email protected]
Address: 915 Wilshire Blvd., Los Angeles, CA 90017
Brief Contract Description: USACE partnered with OC Flood Control District and OCTA for their Measure M 2 Restoration sites that included Costa Mesa's Fairview Park that restored 23 acres of native grassland, coastal sage scrub, wet meadow/marsh, and riparian habitats within the northwest portion of this public park. The purpose was to create native habitat for riparian birds and animals by increasing native plant diversity within 10 feet of the constructed wetlands and stream channels. The project includes the creation of wetland ponds and a water delivery irrigation system to establish and support the native habitat. This restoration site is within the Santa Ana River watershed.

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

OCWD's Sediment Demonstration Project is on a 14-acre site on the Santa Ana River, located 1.3 miles upstream of the Prado Dam. Part of the project is a 20-acre dewatering and storage site with four acres of native riparian habitat with impacts associated with annual operations of the Prado Wetlands. Endemic implemented a native plant restoration project for two sites, designed and installed an above ground filtered drip irrigation system at Site 1 and 90-day site maintenance.

US Army Corps of Engineers, Los Angeles District
Orange County Public Works, Flood Control District
The Orange County Public Works (OCPW) was the lead agency for the San Juan Creek and Capistrano Beach levee Improvements project along the flood control channel for the flood protection safety for communities in San Juan Capistrano and Dana Point. OCPW awarded the Construction Manager at Risk (CMAR) contract to Ames Construction. Construction period began in September 2017 and completed in June 2019.

EES served as the subcontractor as Biological Monitor and Mitigation during construction. During periods of creek water flowing through the project site, EES monitored and surveyed for the presence or migration of the southern steelhead trout (Oncorhyncus mykiss). The creek was either walked from at least 300 meters beyond the project limits daily. Pools were inspected for fish presence, the creek mouth was also inspected for connectivity with the ocean at Doheny State Beach, and incoming flows from Trabuco Creek and San Juan Creek. $ 100,000
Mario Garcia
714-599-0681
[email protected]
601 N Ross St, Santa Ana, CA 92701
1415

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BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION

DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder/Applicant/Proposer
Date
NRW $SSOLFaEOe
Bidder/Applicant/Proposer
8/19/2021
1416

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f 39

VENDOR APPLICA

TION FORM
FOR
RFP No. 22-01 for Biological Maintenance and Management Services TYPE OF APPLICANT: F NEW F CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)

F NON PROFIT CORPORATION F FOR PROFIT CORPORATION
Is your business: (check one)

F CORPORATION F LIMITED LIABILITY PARTNERSHIP

F INDIVIDUAL F SOLE PROPRIETORSHIP

F PARTNERSHIP F UNINCORPORATED ASSOCIATION
X
BrightView Landscape Services, Inc.

Po Chen
Vice President General Manager [email protected]
nonemain o. 714.546.7843
direct. 949.338.5501
1960 S. Yale Street
Santa Ana, CA 92704
Po Chen
Vice President General Manager [email protected]
main o. 714.546.7843
direct. 949.338.5501 none
X
X
1417

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f 39
Names & Titles of Cor
porate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________ ___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________ Federal Tax Identification Number: __________________________________________ City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: ________________________________ 95-2651541
08434
EXPT 1/31/22
Joshua Dake-Senior Vice President
Jeff Herold-CEO and President
Darin Sherlock-Branch Manage
r
Po Chen-Vice President General Manager
Robert Tyler-Treasurer
Jonathan Gottsegen-Secretary
Tomas Kuehn-Assistant Secretary
Susan DeSantis-Assistant Secretary
Trevor Frey-Director, Risk Management 484 567 7131
949.614.9148
949.338.5501
619.954.0063
818.737.2635
484.567.7202
484.567.7249
484.567.7249
240.707.8959
1418

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EX PARTE COMMUNICATIONS CERTIFICATION
3Oease LQGLFaWe Ey sLJQLQJ EeORZ RQe RI Whe IROORZLQJ WZR sWaWePeQWs. Only sign one statement.

I certify that Proposer and Proposer’s representat LYes haYe QRW haG aQy FRPPuQLFaWLRQ ZLWh a &LWy &RuQFLOPePEer FRQFerQLQJ LQIRrPaO RFP No. 22-01 FOR Biological Maintenance and Management Services aW aQy WLPe aIWer August 4, 2021.
________________________________ Date
_______________________
Signature
________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have comm unicated after August 4, 2021 ZLWh a &LWy &RuQFLOPePEer FRQFerQLQJ LQIRrPaO RFP No. 22-01 FOR Biological Maintenance and Management Services . $ FRSy RI aOO suFh FRPPuQLFaWLRQs Ls aWWaFheG WR WhLs IRrP IRr SuEOLF GLsWrLEuWLRQ.
________________________________ Date
_______________________
Signature
________________________________
Print
3R &heQ
8/1/2021
Services
aW aQy WLPe aIWer
August 4, 2021.
aW aQy WLPe aIWer
August 4, 2021.
aW aQy WLPe aIWer
________________________________
Signature
1419

Page 33 ends

f 39

DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project becaus e of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

X
1420

Page 35 of 39 ends

COMPANY PROFILE & REFERENCES
Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor etc.):

Active licenses issued by the California State Contractor’s License Board:

Business Address:

Website Address:

Telephone Number: Facsimile Number:

Email Address:

Length of time the firm has been in business:

Length of time at current location:

Is your firm a sole proprietorship doing business under a different name: ___Yes ___No If yes, please indicate sole proprietor’s name and the name you are doing business under:

Federal Taxpayer ID Number:

Regular Business Hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number:

Facsimile Number: Email Address:

Contact person for accounts payable:

Facsimile Number:

Telephone Number:

Email Address:

Name of Project Manager:

Corporaion
266211
1960 S. Yale Street, Santa Ana, CA 92704
https://www.brightview.com/company/about-brightview
nonemain o. 714.546.7843
direct. 949.338.5501
[email protected]
51 years
60yrs (since 1961)
x
95-2651541
Mon - Friday 8a-5p
NewYears Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day,
Thanksgiving Holiday, Dec 24, 25, 21
Po Chen-Vice President General Manage
r
[email protected]
T Main o. 714.546.7843
T Direct. 949.338.5501
none
none
Ambar Calderon / Dana Chang
310.714.7379 / 714.46-7843
[email protected]
[email protected]
Darin Sherlock
1421

Page 36 of 39 ends

Facsimile Number:

Telephone Number:

Email Address:

COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name:
7HOHSKRQH1XPEHU
Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:
949.614.9148
[email protected] none
City of Costa Mesa
tel 714.327.7494 fax 714.754.5149
George Cortez Maintenance Superviso
r
[email protected]
77 Fair Drive, Costa Mesa, CA 92626
$2.3M Annual
City Wide Landscape Maintenance
City of Irvine
One Civic Center Plaza, Irvine, CA 92606
Bruce Heiland - Landscape maintenance specialist
949.683.3365
[email protected]
$299,759 Annual
Complete Landscape Maintenance of zone within the city known as the City Business Complex
1422

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Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
([FeSW as GesFrLEeG aERYe ,/Ze haYe QRW PaGe aQy FaPSaLJQ FRQWrLEuWLRQ LQ Whe aPRuQW RI 20 Rr PRre WR aQy &RsWa 0esa &LWy &RuQFLO 0ePEer LQ Whe WZeOYe PRQWhs SreFeGLQJ WhLs $SSOLFaWLRQ/3rRSRsaO. , GeFOare uQGer SeQaOWy RI SerMury uQGer Whe OaZs RI Whe SWaWe RI &aOLIRrQLa WhaW Whe IRreJRLQJ Ls Wrue aQG FRrreFW.

BLGGer/$SSOLFaQW/3rRSRser
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1423
RFP for Biological Maintenance and Management Services (22-01)

APPENDIX –RESUMES

1424

Barry S. Nerhus
Principal Biologist/Ecologist

Mr. Nerhus is a wildlife biologist and restoration ecologist with 12 years of management experience in biological monitoring, biological research, environmental assessment, wildlife studies, contract management, and inter-agency coordination. He has extensive experience managing construction projects in and adjacent to sensitive habitats. This experience allows him to lead and develop rapid response solutions to challenges that are faced in the field.

As the Founder and current President of Endemic Environmental Services (EES), he has built up a company that focuses on biological monitoring, habitat restoration/management and wildlife studies/ management.

Barry is trained in a broad range of natural resource disciplines including biological surveys/monitoring, habitat restoration ecology, wetland science, botany, herpetology, and ornithology. He holds CDFW Scientific Collecting Permit for amphibians, reptiles, fishes, small mammals, population studies/capture, mark, release for western pond turtles, cowbird trapping. In addition, he holds USFWS Recovery Permits to conduct surveys for California Gnatcatcher, Burrowing Owl, Red-legged frog, Ridgeway’s Rail, Branchipods, Arroyo Toad, Least Bell’s Vireo, southwestern pond turtle. He also surveys for the least Bell’s vireo, southwestern willow flycatcher, yellow-billed cuckoo, three-spined stickleback, arroyo chub, and Mojave River vole.

Experience
City of Costa Mesa, On-call Environmental Consulting Services, Task Order for Fairview Park Restoration Project, City of Costa Mesa (2017-21)
Principal Manager of EES biologists for on-call environmental services for Fairview Park Project. EES staff has conducted environmental permitting for CEQA compliance, wildlife surveys including small mammals, fairy shrimp, California gnatcatcher, least Bell’s vireo, avian nest surveys, vernal pool restoration, habitat restoration and design, public meeting coordination, plant surveys, and plant guides. EES has also managed the landscaping and hydroseeding on parts of Fairview Park to complete habitat restoration tasks.

Biological Services for Margarita Parkway Hinge Bridge Repair, City of Rancho Santa Margarita (2020 -21)

Project Manager of EES biologists who are onsite biologists for contractor/builder (Beador ) providing the biological monitoring and protection of natural resources during construction of this $ 2 M bridge that crosses Arroyo Trabuco, a tributary of the San Juan Creek, and nearby O’Neill Regional Park. Species of concern are: Arroyo toad, Coastal CA Gnatcather, Least Bell’s Vireo, Southwestern Willow Flycather, Raptors. Bats and Nongame Migratory Birds.

Years with Endemic: 12
Degrees
B.S., 2007, Biology, University of
California at Irvine
M.S., 2016, Biology, University of
California at Long Beach
Licenses/Certifications
Certified Stormwater Protection
Practitioner and Designer (QSP/D)
USFWS 10(a)(1)(A) Recovery Permit,
TE74785A-2 for various species
CDFW Scientific Collecting Permit, SC-
010434, issued 3/2020 for various
species
Training
Caltrans Mandatory Water Pollution
Control Manager (WPCM) – 12/2020
HAZWOPER Certification Training 2011
CRAM (Riverine) Certification Training
2010
Wetlands Delineation Certification
Training 2010
1425

Barry S. Nerhus
San Juan Creek Flood Control Channel Improvements, Orange County Public Works/Ames Construction (Prime) (2016-19)
Biologist who monitored and surveyed for the presence or migration of the southern steelhead trout (Oncorhyncus mykiss). The creek was monitored at least 300 meters beyond the project limits daily. Pools were inspected for fish presence, the creek mouth was inspected for connectivity with the Pacific Ocean at Doheny State Beach, and incoming flows from San Juan Creek. Prepared monthly reports on biological monitoring and regulatory compliance.

Santa Ana River Marsh Dredging Project, USACE & City of Newport Beach (2018) This project examined environmental impacts of routine dredging conducted in the Santa Ana River Marsh in Newport Beach, CA. Managed the natural resource compliance for the 87 -acre Santa Ana River Marsh (SARM) during the dredging of the tidal channels. Biologist responsible for surveying native vegetation on site mapping pre- and post- construction impacts. Conducted Caulerpa taxifolia surveys within eelgrass meadows on site and water quality assessments in both the bay and in near-shore adjacent sites. Did the endangered species surveys that included Light-footed Ridgeway’s Rail, Belding’s Savannah Sparrow, and California Least Tern. These data were worked into a final report detailing survey and water quality results.

On-call Biological Support Services for Bridge Maintenance Projects. Caltrans District 8 (covered Riverside and San Bernardino counties).

Biologist/Project Manager who worked with contractors/builders on the environmental protection and mitigation measures for birds and invasive plant species. He supervised the surveys done for the protection species such as Arroyo toad; California gnatcatcher, Least Bell’s Vireo, Giant Garter Snake, Swaison’s Hawk, Western Pond Turtl e, Foothill Yellow-legged Frog, California Red-legged Frog, Chinook Salmon, Steelhead Trout, Bats, and Valley Elderberry Longhorn Beetle. In addition, wildlife management plans were prepared that required river/creek diversions, and wildlife education plans for the workers.

The two projects that EES was involved were:
● I-15 Interchange Widening and Bridge Realignment over the Mojave River located in Victorville, CA (2016-2018) ● Highway 138 Horse Thief Creek Bridge Replacement over Horse Thief Creek located in Hesperia, CA (2015 -2016)

On-Call Biological Monitoring during Construction, Caltrans District 3 (2019-Present) Principal Biologist leading the EES team working with contractors/builders for four projects. Our tasks included pre - construction nesting bird surveys, roosting bat surveys, California gnatcatcher surveys and Least Bell’s Vireo surveys.

Conducted weekly general monitoring, wildlife surveys, wildlife manageme nt plans, and wildlife education plans. ● Hwy 99 Bridge over Lagoon Creek and Hwy 160 Bridge over American River Project located in Sacramento ● Hwy 20 Brown’s Valley Roadway Improvement located in Marysville ● Hwy 70 Simmerly Slough Bridge new construction located in Yuba County ● 174 Improvement Project located in Nevada County
● Hwy 49 from Yuba-Sierra county line to Yuba Pass Road in Sierra County

Select Species Experience:

Barry conducted rare plant surveys that included southern mountain skullcap, Joshua Tree relocation, Santa Ana River Woolly Star, Southern Tarplant, Marsh's Sandwort, Booth's Primrose, and Smooth Tarplant, little -mouse tail, Spreading Navarettia, Coulter's Goldfields, small-flowered microseris, and Gambel's watercress, For the Rare Plant Mapping Project at Fairview Park for City of Costa Mesa, Barry was involved in the survey and mapped all rare plants at the 208-acre park. The following plants were surveyed and mapped: San Diego Button Celery, Federally -listed 1426

Barry S. Nerhus
Orcutt’s Grass, small-flowered microseris, southern walnut, chaparral sand verbena, little mousetail, southern tarplant, prostrate navarettia, and California boxthorn.

Barry has worked with the California gnatcatcher for over 12 years. He managed several populations in Orange County, including Fairview Park and UC Irvine’s onsite populations. He has conducted several Biological Assessments in Orange County, San Diego, San Bernardino, and Los Angeles Counties that included conducting presence/absence surveys for this species. He also has restored habitat to support at least six pairs of California gnatcatcher in Orange County.

Barry has surveyed the Least Bell’s Vireo for multiple projects throughout southern California. These projects have included bridge work in the Mojave River in San Bernardino County. Over three years, he conducted positive result surveys and managed the Least Bell’s vireo population as the Mojave River bridge was being constructed for Caltrans District 8. He also has restored over 40 acres of least... Bell’s vireo habitat that he continues to monitor three pairs of least Bell’s vireo.

Arroyo Toad – Mr. Nerhus has over 10 years’ experience researching, consulting, surveying and monitoring for Arroyo toads. He has surveyed and managed arroyo toad populations for the Santa Margarita River, San Mateo Creek, Christianitos Creek, San Onofre Creek, and Horsethief Canyon Creek. The projects associated with these populations included a Horsethief Creek Bridge Replacement for Caltrans District 8, Lake O’Neill Dredging Project for the U.S. Army Corps of Engineers, and Water Treatment Facility Upgrade for NAVFAC Southwest on Camp Pendleton.

Mr. Nerhus is a U.S. Fish and Wildlife Service approved arroyo toad handler. He also collaborates with the U.S.G.S as an Arroyo Toad researcher to monitoring the overall population.

California Gnatcatcher – Mr. Nerhus has worked with the California Gnatcatcher for over 10 years. He has a USFWS 10 (a)1(A) recover permit to survey for the California Gnatcatcher. He manages several populations in Orange County, including Fairview Park and UC Irvine’s onsite populations. Mr. Nerhus has conducted several Biological Assessments in Orange County, San Diego, San Bernardino, and Los Angeles Counties that included conducting presence/absence surveys for this species. He also has restored habitat to support at least 6 pairs of California gnatcatcher in Orange County.

Least Bell’s Vireo – Mr. Nerhus has surveyed the Least Bell’s Vireo for multiple projects throughout southern California. These projects have included bridge work in the Mojave River in San Bernardino County. Over 3 years’, Mr. Nerhus conducted positive result surveys and managed the least Bell’s vireo population as the Mojave River Bridge was being constructed for Caltrans District 8. Mr. Nerhus also has restored over 40 acres of least Bell’s vireo habitat that he continues to monitor 3 pairs of least Bell’s vireo. He has s urveyed and monitored for least Bell’s vireo in San Diego, Riverside, San Bernardino, Orange, and Los Angeles Counties.

Bats – Mr. Nerhus has surveyed for bats at several bridges and trees throughout California. Over 3 years at the Mojave River Bridge widening Project, he monitored and reported on a maternity colony that resided on the bridge for Caltrans District 8. He has also led bat emergence demonstrations as an adjunct Faculty for UC Irvine’s Wildlife Ecology Master’s Class at the Jamboree Bridge in Orange County. He has worked it top researchers to manage bats in bridges in both Northern and Southern California.

Southwestern Willow flycatcher – Mr. Nerhus has conducted southwestern willow flycatcher surveys as part of a research team researching Yellow-billed Cuckoos at the Kern River in the Southern Sierras. He also surveyed southwestern willow flycatchers in the Mojave River for 3 seasons. Mr. Nerhus also attended the Southern Sierra Research Station’s Southwestern Willow Flycatcher Training for Protocol surveys. He also documented transient willow flycatchers in Costa Mesa, Orange County at the Fairview Park Riparian and Wetlands Restoration Project. 1427

Barry S. Nerhus

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Lyell Buttermore
Biologist/Ecologist

Mr. Buttermore has years of experience writing biological monitoring reports, conducting environmental surveys and research, and working on ecological restoration and mitigation management projects. He recently finished his MS degree at UC Irvine, where he studied the status and survivability of the southwestern pond turtle in Southern California and organized regional conservation efforts for the species.

Mr. Buttermore has a broad range of experience with nesting bird surveys, species-specific surveys, rare plant surveys, habitat restoration projects, trapping and banding, land management, and conducting environmental research. He also has experience with RStudio, GIS and GPS, and the Survey123 and Collector apps as part of ArcGIS.

Experience
City of Costa Mesa, On-call Environmental Consulting Services, Task Orders for Fairview Park Restoration Project, City of Costa Mesa (2017- 21)
Biologist with the task orders dealing with habitat restoration mitigation and monitoring for the restoration area within Fairview park in Costa Mesa, California. Land management and project management activities included scheduling staff, organizing meetings, surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of following: fairy shrimp on vernal pools, red- tailed hawk, white-tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests.

Biologist also monitored and restored areas with native tar plant and other rare plant species throughout the park.

Most surveys and biological monitoring occurred for pre-cutting and land management practices that posed risk to the environmentally sensitive species.

Caltrans No. 08-1E5704 – Construction on Interstate 10 in Riverside County near Palm Springs at Whitewater River Bridge (2020)
Biologist who provided environmental support services and project management to the contractor (Rockforce) for tje construction at the Whitewater River Bridge, approximately 10 miles west of the City of Palm Springs in Riverside County. The project is in the Coachella Valley Multispecies Habitat Conservation Plan (CVMSHCP) and is located within the northern boundary of the Whitewater Floodplain Conservation Area of the CVMSHCP.

This construction involved with the remediation at the Whitewater River Bridge by converting spread footings to pile foundations and by installing Cast-in-Drilled Hole (CIDH) piling to provide rock slope protection. Conducted weekly nesting bird surveys and monitor sensitive resources during construction efforts. Reports were submitted to the client on a weekly basis. Sensitive wildlife and species on the project include desert tortoise, Coachella Valley fringe - toed lizard, arroyo toad, Palm Springs pocket mouse, least Bell’s vireo, southwestern willow flycatcher, bats, triple - Years with Endemic: 2
Degrees
B.S., 2018, Honors in Environmental
Biology, McGill University, Montreal,
Quebec
M.S., 2020, Ecology and Evolutionary
Biology, University of California at Irvine
Licenses/Certifications
In progress - Certified Stormwater
Protection Practitioner (QSP)
Training
Burrowing Owl Workshop Training
(2019)
Desert Tortoise Workshop Training
(2019)
PG&E Corporate Contractor Safety
Orientation (2020)
PG&E Gold Shovel Standard
Training
(2020)
OSHA/HAZWOPER Certification Training
(2017)

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Lyell Buttermore
ribbed milk-vetch, and Coachella Valley milk-vetch. Specific species protection memos and plans were drafted based on the assessment: Bat Avoidance and Monitoring Memo (BAMM), Plant Avoidance and Monitoring Memo (PAMM), and a Palm Springs Pocket Mouse Avoidance and Monitoring Memo (PSPMAMM).

On-call Environmental Clearance Program for Riverside, San Bernardino, Orange and LA Counties (2019-20) Biologist with subcontractor (SWCA) conducted monitoring and surveying for multiple task orders under the SCE On- Call Environmental Clearance Program and provided Worker Environmental Awareness Program (WEAP) trainings for construction crews and conducted pre-construction, nesting bird, focused species, and cultural resource surveys.

Focused surveys included California gnatcatcher, least Bell’s vireo, southwester n willow flycatcher, and arroyo toad.

Prepared daily reports and communicated effectively with crews, prime contractor, and SCE to determine short and long-term goals of each project. Monitors utilized ArcGIS Online (AGOL) Survey123 and Collector apps as a field data tools to record biological and cultural resources for stakeholders in real -time.

Biological Services for Margarita Parkway Hinge Bridge Repair from San Sebastian to SR 241, City of Rancho Santa Margarita (2020-present)
Preconstruction and nesting surveys were conducted in order to find nesting birds or sensitive habitat that needed protection during the construction phase of the project. Biologist conducted arroyo toad surveys and biological monitoring for the vegetation clearing, creek bed alteration, and falsework installation and removal. Biologist assisted with weekly nesting report documentation and scheduling for biological monitors. Species of concern included: arroyo toad, coastal California gnatcatcher, least Bell’s vireo, Southwestern willow flycatcher, raptors and nongame migratory birds, and bats.

San Joaquin Marsh Clapper Rail Surveys- Endemic Environmental- Irvine, CA (2020) Biologist surveyed for clapper rail under supervision of permitted biologist Barry N erhus, who played calls and detected three rails. Biologist monitored family of rails through visual and auditory identification at San Joaquin Marsh.

Southwestern Pond Turtle Surveys – UC Irvine Arboretum and Aliso Creek (2019-present) Biologist built and deployed baited Hoop/Funnel Net Traps in various locations with confirmed presence and apparent healthy population of western pond turtles, primarily at the UCI Arboretum and in Aliso Cre ek.

Morphological traits and survival data were measured, and turtles were tagged for future studies. Captured individuals were processed in order to develop reports to determine pond turtle presence, survival, relative abundance, and population demographics.

Bird Nesting Surveys- UC Irvine (2019-present)
Biologist performed focused white-tailed kite surveys in order to determine nesting activity and habitat fidelity.

Project scope extended throughout the greater Orange County region and required updated surveying and monitoring of active nests.

Chino Hills State Park- Bargas Environmental Consulting - Chino Hills, CA (2020) Biologist provided documentation and coordination for Project Management Plan, General Biological Resource Assessment, scheduling, and survey deliverables for the construction of a new State Park office in Chino Hills State Park.

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Lyell Buttermore
Select Species Experience:

Small Rodents
Mr. Buttermore has experience surveying and monitoring for sensitive small rodents species such as Sa n Bernardino kangaroo rat, Stephen’s kangaroo rat, and Palm Springs pocket mouse. Biologist has also worked with more common small rodents such as the California vole, ornate shrew, wood rat, and lab mice and lab rats. Project examples include the Whitewater River Bridge Project, Corsair Pole Removal Project, and Rancho Cucamonga Vegetation Removal Project.

Arroyo Toad
Mr. Buttermore has surveyed for arroyo toad on multiple projects throughout southern California. These projects included the Rancho Santa Margarita Bridge Hinge Repair Project, SWCA Environmental On Call Vegetation Clearance Project, and ERM Water Assessment and Monitoring Projects.

Bats
Mr. Buttermore has surveyed bats at several bridges and trees throughout California. He has also worked with Bat Avoidance and Mitigation Memos and Monitoring Plans. Examples of these projects include the Rancho Santa Margarita Bridge Hinge Repair Project, the Whitewater River Bridge Project, the Santa Ana River Bridge Project, and the Tuolumne River Bridge Project.

Burrowing Owl
Mr. Buttermore has performed multiple surveys for burrowing owl while working at Fairview Park and to suppo rt projects such as Caltrans 08-1F1414 Temecula-San Diego and Riverside County and Caltrans 08-0P3904 263 Road to US395. He has also taken a Burrowing Owl Training Workshop which included a day of lecture and fieldwork for the best-use methods for surveying burrowing owl.

Coastal California Gnatcatcher
Mr. Buttermore has surveyed and monitored for coastal California gnatcatcher on a large variety of projects and has over 40 hours of explicit training under the supervision of a certified California gnatcat cher permit holder.

Projects with California gnatcatcher include: SWCA Environmental On Call Vegetation Clearance Project, ERM Environmental On Call Field Project, Fairview Park Restoration Project, Oso Parkway Bridge Project, City of Irvine Matrix and Vegetation Clearance Project, Rancho Santa Margarita Bridge Hinge Repair Project, and Caltrans 08- 1F1414 Temecula-San Diego and Riverside County Project.

California Clapper Rail
Biologist surveyed for clapper rail under supervision of permitted biologist Barry Nerhus, who played calls and detected three rails. Biologist monitored family of rails through visual and auditory identification at San Joaquin Marsh. A total of four surveys were conducted totaling roughly 8 hours. Clapper rail surveys were also conducted at Fairview Park.

Desert Tortoise
Mr. Buttermore has taken the Desert Tortoise Certification Training and is certified to survey for desert tortoise.

He has experience with these surveys with projects such as the Whitewater River Bridge Project and the Caltrans 08-0P3904 Project for 263 Road to US395. He is also an active member of the Desert Tortoise Council and he worked for the council at the 2020 Desert Tortoise Council Symposium in Las Vegas.

Nesting Birds
Mr. Buttermore has surveyed, trapped, tagged, and monitored nests on countless projects and research studies.

Biologist has worked nesting bird surveys for multiple seasons and hundreds of hours of field time with a wide 1431

Lyell Buttermore
range of species throughout southern California. These surveys and monitoring efforts range from species-specific surveys, raptor surveys, mist net trapping, and tagging.

Least Bell’s Vireo
Mr. Buttermore has surveyed and monitored for coastal California gnatcatcher on a large variety of projects and has over 40 hours of explicit training under the supervision of a certified least Bell’s vireo permit holder. Projects with least Bell’s vireo include: SWCA Environmental On Call Vegetation Clearance Project, ERM Environmental On Call Field Project, Fairview Park Restoration, City of Irvine Matrix and Vegetation Clearance Project, Rancho Santa Margarita Bridge Hinge Repair Project, Caltrans 08-1F1414 Temecula-San Diego and Riverside County, Caltrans 08- 0Q9104 Santa Ana River Bridges, and Caltrans 08-1E5704 Whitewater River Bridge Project.

Raptors/Birds of Prey
Mr. Buttermore has surveyed, trapped, tagged, and monitored raptor nests on countless projects and research studies. Biologist has trapped and surveyed with noted raptor biologist Peter Bloom for the past two years.

Trapping and capture methods include Bal-Chatri traps and mist net deployment. Species in surveys included:
burrowing owl, turkey vulture, red-tailed hawk, red-shouldered hawk, screech owl, barn owl, and spotted owl. Mr.

Buttermore also supported research efforts with focused surveys for white-tailed kits for nesting activity and habitat fidelity research in the greater Orange County region.

Rare Plants
Biologist has surveyed and monitored for a variety of rare plants such as triple -ribbed milk-vetch, Coachella Valley milk-vetch, Santa Barbara milk-vetch, short-joint beavertail, slender mariposa lily, and yellow flowering deerweed.

These surveys were done through projects such as the ERM Environmental On-call Field Project, SWCA Environmental On-call Field Project, Fairview Park Restoration and Mitigation Project, and Whitewater River Bridge Project. Other species include: California satintail, Chaparral sand-verbena, cliff spurge, desert beard tongue, Latimer’s woodland-gilia, little San Bernardino Mountains linanthus, narrow-leaf sandpaper plant, Parry’s spineflower, slender cottonheads, slender-horned spineflower, spiny-hair blazing star, canyon live-forever, Laguna Beach live-forever, pine goldenbush, blue dicks, Great Valley gumweed, white-bracted spineflower, and native tar plant.

Southern California Steelhead Trout
Biologist monitored for steelhead trout during the emergency construction of a levee reinforcement project in San Juan Creek to support work through Ames construction while working at Endemic Environmental Services.

Southwestern Pond Turtle
Mr. Buttermore has studied southwestern pond turtle for multiple seasons with hundreds of hours of s urveying, trapping, and monitoring. Mr. Buttermore recently finished his capstone thesis on the status and survival of the southwestern pond turtle throughout the greater Orange County area. He has worked directly under permitted biologist Barry Nerhus to trap, mark, monitor and research the status and survivability of this species throughout southern California. Mr. Buttermore organized and led the 2020 SoCal Southwestern Pond Turtle Workshop, which brought together stakeholders from across the state to pr ioritize and strategize conservation efforts for the species. Biologist has written a variety of monitoring reports, research studies, literature reviews, and conservation management plans for the species. Biologist has cooperated with UC Irvine, CDFW, USG S, Laguna Canyon Foundation, City of Costa Mesa, Irvine Ranch Conservancy, UC Nature, and the Nature Conservancy on projects related to the research and conservation of this species.

Southwestern Willow Flycatcher
Mr. Buttermore has conducted southwestern willow flycatcher surveys and monitoring for vegetation clearing projects and bridge repair projects. These projects included ERM Vegetation Removal Projects, Rancho Santa 1432

Lyell Buttermore
Margarita Bridge Hinge Repair Project, Whitewater River Bridge Project, Oso Parkwa y Bridge Project, SWCA On-call Environmental Clearance Program, Fairview Wetlands Mitigation Monitoring and San Joaquin Marsh surveys .

1433

Luma has combines over 10 years of multidisciplinary industry expertise with an emphasis in environmental solutions, writing environmental documents, ecological restoration and wildlife assessments given her technical and problem-solving experiences in various ecosystems.

Experience

Fairview Park Habitat Restoration Project- City of Costa Mesa, (2019-present)
Habitat restoration mitigation and monitoring was conducted for the restoration area within Fairview park in Costa Mesa, California. Land management and project management activities included scheduling staff, organizing meetings, surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of red-tailed hawk, white-tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests.

Biologist with EES team undertaking restoration and mitigation project at Fairview Park. Includes the design, prepare and assist restoration projects within different ecosystems, including wetlands, coastal sage scrub and natural water treatment systems.

Conducted plant surveys, wildlife surveys, and provide training to landscaping crew. Prepared reports, develop plans, employee schedules and implement steps to move projects toward closure in the most effective manner. Utilized communications skills to interact with both internal and external clients.

City of Irvine, On-Call Environmental Services Open Space Management Project (2019-20)
Biologist with EES team conducting pre-construction surveys and monitoring of vegetation during construction of the Great Park Open Space projects. Wrote reports, communicated with clients and trained the crew.

Irvine Ranch Water District, On-Call for Landscape/Habitat Restoration for San Joaquin Marsh and other sites (2019-20) Biologist supporting the habitat restoration efforts and maintenance with ecological consulting services to Land Care (prime) for wetlands and provide training for landscaping crew.

EDUCATION
2016/MS, Environmental
Science/ Curtin University
(Sydney, Australia)
2010/BS, Biological
Science/Nove de Julho
University, Brazil

CERTIFICATIONS
CRAM Certification

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

TRAINING
CEQA training

SKILLS
Habitat Restoration

Luma Fowler –Biologist
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San Juan Creek Flood Control Channel Improvements/Levee Protection (Phases 4,5, & 6), San Juan Capistrano and Dana Point, Orange County Public Works/Ames Construction (Prime), (2016-19)
Biologist who monitored and surveyed for the presence or migration of the southern steelhead trout (Oncorhyncus mykiss). Prepared monthly reports on biological monitoring and regulatory compliance.

Education Supervisor 2016 – 2019
OCDE – Inside the Outdoors – Orange County, CA
Lead Inside the Outdoors School, Field and Community Programs; Maintenance of animal cages; Encourage students and communities awareness and appreciation of the environment, broaden knowledge of science concepts and foster commitment to the protection of the natural environment. Supervise and provide training to employees.

Environmental Educator and Habitat Restoration Field technician 2016 – 2018 Laguna Canyon Foundation – Laguna Beach, CA
Teaching outdoor environmental, science and social science education programs. Coordinated and supervised land management contractor crews, conducted and maintained pos-project for rare coastal plants. Habitat restoration planning and monitoring, irrigation system installation and maintenance. Nursery maintenance, volunteer events leader and trail maintenance work.

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KENT NERHUS

SUMMARY:

Director and Chief Pilot of sUAS Operations for Endemic Environmental Services. Six years of experience in the sUAS industry involved in many different segments of the industry. Including, aerial photo/video, transmission and distribution tower inspections, Infrared via thermal, search and rescue, water way inspection, vegetation identification, UAV manufacturing, speaking engagements, panel discussions, raptor survey, topography mapping, 3D mapping, 2d mapping.

EDUCATION:

Bachelor of Arts, US History, California State University-Long Beach 2015-2017

EXPERIENCE:

Endemic Environmental Services, — Director & Chief Pilot of sUAS Operations July 2019 – PRESENT

● Developing business while conducting oversight of all drone operations of water way, vegetation, GIS mapping, and thermal data collection.
● Aerial Mapping 3D/Orthomosaic (Pix4D)
● Aerial thermal water way inspection. (FLIR)
● Transient environmental impact survey in conjunction with Costa Mesa Police Department.

Pacific Gas and Electric (PG&E), — Drone Pilot (Subcontractor) - January 2019 - June 2019 Job included capturing aerial data via drone of assigned transmission towers.

K2 Unmanned Systems, — Director of Business Development - January 2017 - December 2018

Duties included development of SOP’s, Sales, marketing strategy, flight operations, trade shows. Managed two-person crew, logistics, capturing data, packaging data, submitting data on time.

Conferences attended:

Pilots and Drones, — CEO, Senior Partner - May 2015 - Present Duties included development of SOP’s, Sales, marketing strategy, flight operations, trade shows.

Section 333 obtained
Agencies consulted: DHS, LACFD, Redlands PD, Torrance PD, Costa Mesa PD 1436

MICHAEL PARASHAR
Biological Monitoring Technician
Education:

Saddleback Community College Habitat Restoration Certificate Program Certifications:

Desert Tortoise Workshop Training (2019)
Summary:

Michael has 8 years field experience with biological monitoring, conducting environmental surveys and research, and working on ecological restoration and mitigation management projects. Mr.

Parashar attended a Desert Tortoise Certification Program which provided specific training on identifying and minimizing disturbance to Desert Tortoise through a multiple day training. Mr.

Parashar also has monitored an overwintering burrowing owl population in Costa Mesa since 2013.

Experience:

City of Costa Mesa, Fairview Park Land Management (2013-present) Provide invasive vegetation species management, wetland water quality testing, habitat restoration, and project bio-monitoring for projects throughout the park. Manage the brown-headed cowbird trapping program to reduce populations for increased nesting success of least Bell’s vireo and coastal California gnatcatcher. Conduct nesting bird surveys and other wildlife surveys prior to park maintenance activities. Conducted post-project hydroseeding with native vegetation. Land management activities included surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of red-tailed hawk, white-tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests. Fairview Park is being studied as a potential site for overwintering burrowing owls and surveys are regularly conducted in the winter season.

City of Costa Mesa, Fairview Wetlands Restoration and Mitigation (2013-present) Wetland management focused specifically in Fairview Park’s environmentally sensitive habitat in the five main ponds and three main channels of the restoration area, which harbored a variety of sensitive species including: least Bell’s vireo, California gnatcatcher, nesting birds and raptors, southwestern willow flycatcher, yellow breasted chat, and yellow warbler. Over 50+ hours spent monitoring and surveying for least Bell’s vireo and California gnatcatcher.

City of Irvine, Tomato Springs Channel Biomonitoring Project (2019-2020) Conducted pre-construction surveys for the City’s Tomato Springs Channel Maintenance Program.

Provided daily construction monitoring, daily reporting, and safety training. Special-status species include least Bell’s vireo and coastal California gnatcatcher.

City of Irvine, Biological Constraints Analysis (2019-2020) Assisted in Biological Constraints Analysis Surveys that involved habitat analysis, avian surveys, and reporting for their open spaces. The sensitive species included least Bell’s vireo, California gnatcatcher, and coastal cactus wren. All active nests and large invasive trees were documented and mapped.
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Rancho Santa Margarita Hinge Repair from San Sebastian to SR -241- City of Rancho Santa Margarita- Rancho Santa Margarita, CA (2020)
Preconstruction and nesting surveys were conducted to find nesting birds or sensitive habitat that needed protection during the construction phase of the project. Biologist conducted arroyo toad surveys and biological monitoring for the vegetation clearing, creek bed alteration, and falsework installation and removal. Biologist assisted with weekly nesting report documentation and scheduling for biological monitors. Species of concern included: arroyo toad, coastal California gnatcatcher, least Bell’s vireo, Southwestern willow flycatcher, raptors and nongame migratory birds, and bats.

French Gulch Boat Ramp Improvement, Lake Isabella, CA (2017-2018) Biomonitoring construction for the USACE (Army Corps of Engineers) and Caltrans on boat launch and road expansion in French gulch area of the lake. Conducted nesting bird surveys and monitored wildlife disturbed during construction.

I-15 Interchange Widening and Realignment Victorville, Caltrans District 8 (2017-2018) Biomonitoring for arroyo chub and armored stickleback in the Mojave River and relocating them upstream as needed. Conducting Construction monitoring and desert tortoise fence checks when onsite. Desert tortoise monitoring and surveying were regularly conducted. Assisted with bird surveys which included southwestern willow flycatcher. Trained to monitor for Mohave ground squirrel for this site which was also a regulated species on this project.

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ANITA ARENAS
Biological Monitoring Technician
Education:

MS, Biological Science, California State University, Long Beach (2023) BS, Organismal Biology, California State University, Long Beach (2017) Summary:

Anita Arenas is an ecologist with a broad range of experience and knowledge with restoring native plant species, maintaining wetlands, and biological monitoring. She has three years of experience working specifically in biological and ecological research and is currently pursuing her Masters degree in Biological Science from Cal State Long Beach. Her thesis focuses specifically on the impacts of the non-native yellow flag iris on native ecosystems and restoration success. At Endemic Environmental, Miss Arenas has gained experience conducting environmental surveys, monitoring sensitive species, and participating in ecological restoration and mitigation management projects.

Miss Arenas has taken the Desert Tortoise Training in 2019 presented by the Desert Tortoise Counsel.

Experience:

Fairview Park - City of Costa Mesa, CA (2018-Present)
While working at Endemic Environmental Services, Miss Arenas helped remove cattails from a freshwater wetland and hauled the cattails to the recycling center in order to help reduce mosquito populations. Field technician also assisted with maintaining Fairview park by pulling out invasive species plants, clearing out channels, plant and water native plants. Biological monitoring was also conducted for bird surveys and bird nesting. Field technician trained personnel and worked on hydroseeded restoration sites in Fairview Park. Land management activities included surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of red-tailed hawk, white-tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests. Fairview Park is being studied as a potential site for overwintering burrowing owls and surveys are regularly conducted in the winter season.

Rancho Santa Margarita Hinge Repair from San Sebastian to SR-241- City of Rancho Santa Margarita- Rancho Santa Margarita, CA (2020)
Preconstruction and nesting surveys were conducted in order to find nesting birds or sensitive habitat that needed protection during the construction phase of the project. Biologist conducted arroyo toad surveys and biological monitoring for the vegetation clearing, creek bed alteration, and falsework installation and removal. Biologist assisted with weekly nesting report documentation and scheduling for biological monitors. Species of concern included: arroyo toad, coastal California gnatcatcher, least Bell’s vireo, Southwestern willow flycatcher, raptors and nongame migratory birds, and bats.

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Environmental Constraints Matrix and Vegetation Management- City of Irvine- Irvine CA (2019-2020)
Preconstruction and nesting surveys were conducted in order to find nesting birds or sensitive habitat that needed protection during the vegetation removal phase of the projects. A matrix was created to define environmentally sensitive areas around Irvine, California. BUffers were marked and created for nesting birds and species of concern. Biological monitoring and preconstruction surveys were conducted during fire break vegetation removal and non-native vegetation removal. Biologist documented all nesting birds and species of concern and helped in creating a matrix report. Biologist managed the schedule and coordinated with the city for biological assessment. Species of concern included: red-tailed hawk, yellow breasted chat, California gnatcatcher, and least Bell’s vireo.

UC Agriculture & Natural Resources – City of Irvine - Irvine CA (2020) Performed preconstruction surveys for nesting birds prior to tree removal. All nests were marked, documented, and buffered. Biologist assisted in writing monitoring reports for the vegetation removal activities.

Bee Canyon Drainage Channel from Portola Parkway to SR 241 Toll Toad – City of Irvine - Irvine, CA (2019-2020)
Biologist performed preconstruction surveys and biological monitoring for nesting birds including sensitive species such as Sora rail, least Bell’s vireo and California gnatcatcher. Miss Arenas monitoring during soil dredging and cattail removal and documented any species of concern that was observed.

Tomato Springs Channel Biomonitoring Project- City of Irvine, Irvine, CA (2019-2020) Conducted pre-construction surveys for the City’s Tomato Springs Channel Maintenance Program.

Provided daily construction monitoring, daily reporting, and safety training for both cattail removal projects and soil dredging. Special-status species include least Bell’s vireo and coastal California gnatcatcher.

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CHRIS FABELLA
Biological Monitoring Technician
Education:

Ecological Restoration Certificate, Saddleback College
BFA, Graphic Design, California State University, Long Beach

Summary:

Chris Fabela is an ecologist with a broad range of experience and knowledge. He comes from a graphic design background and is quickly transitioning to the field of ecology and restoration. He now has two years of experience working in the field of biological resource management. He has been an integral part of the Endemic team managing the many habitats of Fairview Park. He conducts bird surveys, monitors water quality, manages invasive plant species, and monitors regulated species within the park, including an overwintering burrowing owl population.

Experience:

Fairview Park Restoration Project- City of Costa Mesa (2019-2020) Biologist Monitor responsible for providing invasive vegetation species management, wetland water quality testing, habitat restoration, and project bio-monitoring for projects throughout the park.

Manage the brown-headed cowbird trapping program to reduce populations for increased nesting success of least Bell’s vireo and coastal California gnatcatcher. Conduct nesting bird surveys and other wildlife surveys prior to park maintenance activities. Conducted post-project hydroseeding with native vegetation. Land management activities included surveying nest areas, invasive species removal, wetland protection and management, and the monitoring of red-tailed hawk, white-tailed kite, great horned owl, burrowing owl, California gnatcatcher, and Bell’s vireo nests. Fairview Park is being studied as a potential site for overwintering burrowing owls and surveys are regularly conducted in the winter season.

Irvine Ranch Water District (2020)
Provided advice and guidance for a natural water drainage purification system on IRWD’s property. Assessed the current status of native vegetation and advised other vegetation recruitment opportunities.

Project Grow, Newport Beach, CA (2018-2019)
As an Environmental Leader, Chris was responsible for coordinating with fellow environmental leaders to plan and prepare experiential restoration activities for volunteers, school groups, and the public. This role required communicating with volunteers and stakeholders to engage and educate the public on complex environment disturbances in coastal Orange County. Chris also instructed volunteers to safely and effectively perform restoration techniques in the field. 1441

JASON BLEVINS
Biological Monitoring Technician

Fairview Park Restoration Project, City of Costa Mesa, 2018 - Present

● Maintaining a 52 acre wetland at Fairview Park in Costa Mesa, supervising and working various tasks including, cutting and removing 60,000 pounds of invasive plants from wetlands, including bulrush and cattails.
● Habitat restoration, tasks include planting and maintaining sensitive habitat. Tools used, gas powered auger and various hand tools. Daily tasks at Fairview Park include - maintaining a five Pond wetland habitat, removing any debris from ponds. Removing invasive plant species in riparian, coastal sage scrub, and grassland areas of park. ● Installed fencing to protect sensitive habitat restoration areas, fence type, T post three strand barbless wire. Tools used, fence post pounder, wire cutters. ● Worked gathering fish that have died due to botulism. Tools used motorized boat. Project lasted 25 days gathered over 300 fish.
● Biomonitoring a cow bird trap at Fairview Park, tasks include capturing parasitic birds, maintaining a healthy environment.
● Releasing the native birds back into the habitat. Bio monitoring, tasks include monitoring wildlife at Fairview Park for mosquito abatement. ● Proficient in all phases of hydroseeding including erosion control, Landfill cover, dust control, golf courses, fire suppression, watering, and fertilizing ● Basic knowledge, chainsaw, Hedge trimmer, weedeater, operation, maintenance, and repair irrigation installation and repair. Operating 500-gallon water buffalo.

California Fire Authority, Northern Operations Red Bluff, 2010 – 2015 1442
Christian Galindo
Q.A.L., Sr. Branch Manager
Mr. Galindo is a 20+ year veteran of the landscape industry and Senior Branch Manager with BrightView Landscapes, overseeing over 200 staff across multiple branches. His highly engaged teams have a strong track record of successfully maintaining many of Greater Orange County's premier properties.

He has a Qualified Applicator License and is an Adjunct Professor teaching Horticultural and Landscape industry courses locally at Saddleback College.

Education
B.S., 2001, Environmental Horticulture,
University of Florida
M.S., 2005, Public Horticulture,
University of Delaware
Licenses/Certificati
ons
Q.A.L. 126268
1443
Heriberto Maquitico
Q.A.L., Account Manager

EXPERIENCE
Mr. Maquitico is a veteran Account Manager with BrightView Landscapes with over 20 years of field and team management experience on some of Greater Orange County's premier properties. He has held his Qualified Applicators License for nearly a decade and has worked most recently and extensively in the cities of Anaheim, Orange and Mission Viejo.
● I-15 I
nterchange Widening and Bridge Realignment over the Mojave River located in Victorville, CA (2016-2018) ● Highway 138 Horse Thief Creek Bridge Replacement over Horse Thief Creek located in Hesperia, CA (2015 -2016)

LICENSES/CERTIFICATIONS
Qualified Applicators License (QAL)
# 130826 - exp. 12/31/21
Training
Horticulture, Saddleback College
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1445

EXHIBIT C

FEE SCHEDULE

1446
Submitted to:

The City of
Costa Mesa
Submitted by:

Endemic
Environmental
Services Inc.

August 20, 2021

BIOLOGICAL MAINTENANCE

AND MAN

AGEMENT

SERVICES
(COST PROPOSAL)
RFP 22-01
1447
August 20, 2021
Mike Fuentes
Finance Department
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA
Subject: Request for Proposal (22-01) for Biological Maintenance and Management Services -- COST
Endemic Environmental Services (Endemic) is submitting this cost proposal to be your biological maintenance and management services consultant for Fairview Park that cover the period from October 2021 to October 2023.

Based on the Scope of Work shown on page pages 15-16 of the RFP, Endemic will provide a team of qualified biologists, UAV/drone sp ecialist, arborist/landscaping crew to undertake tasks needed for biological management, environmental services, maintenance, and future restoration planning.

I am authorized to negotiate with the City on behalf of Endemic and I am authorized to submit this
cost proposal on behalf of Endemic. If you have any questions, please contact me at 714-393-62
94 or [email protected].

Sincerely,
Barry Nerhus, President, Endemic Environmental Services, Inc. 1100 W Arroyo Ave., Fullerton, CA
1448

Cost Proposal
Task Description Total Estimate
A. *Fee Description* $ 645,190.00
TOTAL

$ 645,190.00
All originals of plans, field notes, data and calculations, reports, electronic files, etc., willbe turned over to the City upon completion of work. Ten percent (10%) of the total contract fee will be withheld under final project documents are submitted to the City. 1449
Tasks Personnel Hours Rate Weeks Total
A. Wetland Maintenance
• Monitoring and managing water depth in
channels and flow at weirs
• Monitor water temperature changes; adjust
water flows to prevent formation of mosquito
habitat and fish die offs
• Keep ponds and channels clear of algae and
minimize duckweed populations
• Perform cattail trimming / thinning by hand in
pond planter cells and edges
• Improve vector and maintenance access to
ponds and channels
• Seasonal removal of emergent vegetation
• Trimming of overhand on tree canopies and
removal of downed trees

2.5 ŚŽƵƌƐ
ŝŽůŽŐŝƐtƐ per week
3 hours ŽĨ ŝŽ dĞĐŚ
for 3x per week = 9
hours
8 hours per day ĨŽƌ
2 ŝŽ dĞĐŚ, 5 days
per week
100/week $40.00 104 October 1 2021 – Sept
30 2022
$208,000.00
October 1 2022 – Sept
30 2023
$208,000.00
B. Other Park Maintenance and Management
Needs
• Invasive species ID, mapping, and removal
• Native Species ID, mapping, and
recommendations
• Implementation of protective management
practices
• Small tree and shrub removals
• Amenity repair needs, removal of trash,
assistance with occasional installation projects
(fencing, trail repairs)
1 ŝŽ dĞĐŚ ƉĞƌ ĚĂLJ
ϭ ƌďŽƌŝƐt ĂŶĚͬŽƌ
Y> ;ŽŶ ĐĂůů
ŝĨ ŶĞĐĞƐƐĂƌLJͿ
8 hours/
day
$85.00 104 October 1 2021 – Sept
30 2022
$35,360.00
October 1 2022 – Sept
30 2023
$35,360.00
1450
C. Wildlife Management and Monitoring
• Wildlife monitoring
• Conduct bird nesting surveys and observations
• Rare and invasive species plant monitoring
1 ŝŽ dĞĐŚ ƉĞƌ ĚĂLJ
ϭ h^ ƉŝůŽt ;ŽŶͲ
ĐĂůů ŝĨ ŶĞĐĞƐƐĂƌLJͿ
8 hours/day $85.00 104 October 1 2021 – Sept
30 2022
$35,360.00
October 1 2022 – Sept
30 2023
$35,360.00
D. Assisting City staff with environmental
compliance
• On-site strategic evaluation of habitats
• Assistance in MBTA, CEQA, California
Endangered Species, Waters of US
Classifications
• Developing strategies for future open space,
habitat conservation
Ϯ ŝŽůŽŐŝƐtƐ Λ 37
hours per quarter
60 hours for the
final ƌĞǀŝĞǁ ďLJ
WƌŝŶĐŝƉĂů ŝŽůŽŐŝƐtͬ
WD с 97 hours
582 hours $125.00 N/A October 1 2021 – Sept
30 2022
$36,375.00
October 1 2022 – Sept
30 2023
$36,375.00
Support City on-call for regulatory agencies
claims, or any other City needs
Ϯ ŝŽůŽŐŝƐtƐ,
WƌŝŶĐŝƉĂů ŝŽůŽŐŝƐtͬ
WD ĨŽƌ
ƉƌĞƐĞŶtĂtŝŽŶƐ
120 hours $125.00 N/A
October 1 2021 – Sept
30 2022
$7,500.00
October 1 2022 – Sept
30 2023
$7,500.00
1451
October 1, 2021 – September 30, 2022 $322,595.00
October 1, 2022 – September 30, 2023 $322,595.00
Total (Task A - D) $645,190.00
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EXHIBIT D

CITY COUNCIL POLICY 100-5

1454

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

1455

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees f or drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug- free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub- grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

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