Agenda packet — Madera City Council, November 15, 2023 (part 2 of 7)

1. The RFP stated the Madera Metro fleet consists of 19 vehicles. However, there are 18 vehicles in the fleet. Of those 18 vehicles, only 12 vehicles are in the Madera Metro Fixed Route system, which are the vehicles that would receive these ITS enhancements.

However, bidders submitted costs for 19 vehicles.

2. The RFP requires including a Passenger Infotainment component to the bid. This component consists of announcing route stops. Infotainment is a requirement of the Americans with Disabilities Act (ADA) for transit systems with a minimum 22-vehicle fleet.

Therefore, this component should have been an optional service.

While staff did not believe that the issues with the RFP itself were sufficient grounds to reject all bids, they were considered in the context of other issues associated with this bid. Those issues were:
 An ongoing cost to support these enhancements that would prevent the utilization of Transit resources up to the next four fiscal years.
 Uncertainty regarding the City’s transit system delivery model, including whether a micro-transit option might be implemented within the time period covered by the RFP.

Given the totality of these concerns, staff is recommending that Council reject all proposals submitted in response to RFP #20223-09. The RFP contained the following language which allows for the rejection of all proposals:
“This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all Proposals received as a result of this request, to negotiate with any qualified Firm, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so. Furthermore, a contract award may not be made based solely on price.” FINANCIAL IMPACT:

Transit expenses and personnel time are expended through Local Transportation Funds and other Transit-related grants, which are Federal, State, and local Funds. While rejecting all bids will not directly impact the budget, the City previously allocated AHSC and LCTOP funds toward technology enhancements. If bids are rejected, the monies previously earmarked for technology enhancements will have to be reallocated, unless a new technology enhancement project can be identified. Additionally, AHSC funds must be expensed by December 2024. If another use cannot be identified before that deadline, the City will need to repay the monies to the CSGC.

ALTERNATIVES:

As an alternative, Council may:

1. Deny the request to reject all bids received and award to one of the respondents.

2. Reject all bids received and direct staff to reissue the RFP.

ATTACHMENTS:

1. Resolution to reject all bids for RFP # 20223-09
RESOLUTION NO. 23- _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, REJECTING ALL PROPOSALS FOR CITY OF MADERA RFP NO. 20223-09 INTELLIGENT TRANSPORTATION SYSTEMS CONVERSION
WHEREAS, as part of the Affordable Housing and Sustainable Communities (AHSC) grant the City of Madera (City) allocated $280,000 toward technology enhancements; and, WHEREAS, the City allocated $559,403 of the 2022/23 Low Carbon Transit Operations Program (LCTOP) also toward technology enhancements; and, WHEREAS, the City released a Request for Proposals (RFP) on December 23, 2022 for the completion of the Project; and,
WHEREAS, the RFP does not commit the City to award a contract and allows the City to reject any or all proposals received; and,
WHEREAS, staff is recommending that the City Council reject all proposals for the entitled City of Mader RFP No. 20223-09 Intelligent Transportation System Conversion Services.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council rejects all proposals received for RFP No. 20223-09 Intelligent Transportation System Conversions services.

3. This resolution is effective immediately upon adoption. *****
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: November 15, 2023
Agenda Number: B-10
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City-wide piggyback purchase agreement for temporary staffing services RECOMMENDATION:

Adopt a Resolution approving City-wide use of Maricopa County’s piggyback agreement for the procurement of temporary staffing services with ACRO Service Corporation’s contract 16111 for Fiscal Year 2023/24
SUMMARY:

The City occasionally utilizes temporary staffing services based on need when full-time positions are vacant during recruitment or when a full-time employee is on an approved leave of absence.

The need for temporary staffing is assessed on a case-by-case basis, taking into account the anticipated duration of the vacancy or leave and the workload for the department and existing staff. Staff recommends that the City utilize the piggyback process to procure temporary staffing services through ACRO Service Corporation (ACRO). Any temporary staffing services under the contract will be within the Council-approved budget appropriations.

DISCUSSION:

Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services. A piggyback purchase takes advantage of a public bidding process completed by another public entity. The City’s Procurement Services Manager oversees the process and ensures the proposed piggyback purchase is in compliance. More specifically, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies. Maricopa County in Arizona has such a contract for temporary staffing services with ACRO Corporation.

The City’s workforce is in a state of constant flux as employees retire or move on to other employment. Various departments, including Planning, Engineering, Finance, and Information Technology, have utilized staffing firms to fill vacancies in their respective departments temporarily. In several instances, these temporary assignments have resulted in permanent hires for difficult to recruit positions within those departments. The City’s Personnel Rules do not allow for a temp-to-hire situation, however temporary staff who meet the City’s needs and fit well with existing staff are generally encouraged to consider applying for the position and completing the City’s hiring process. If an individual on temporary assignment does participate in the City’s recruitment and is hired as a City employee, the Maricopa contract has thresholds based on hours worked when a conversion fee no longer applies. The City typically evaluates the potential fee against the number of hours remaining to determine the best course of action to onboard the employee.

Under the City’s Purchasing Procedures, any purchase within a given fiscal year anticipated to exceed $60,000 per like item must be considered and approved by the City Council. While most temporary assignments do not exceed this threshold, it occasionally occurs for highly qualified, technical assignments. Staff is requesting approval of ACRO’s contract on a City-wide basis to allow all departments that have budgeted for staffing to take advantage of the piggyback contract.

Individual departments work with the Procurement Services Manager to obtain access to the ACRO system. When a department puts in a requisition request, ACRO then broadcasts that request to staffing agencies within their network. Any local temporary staffing agency that reaches out to the City to provide services is advised of the opportunity to participate through ACRO’s contract and provided the contact information to become a registered vendor.

Pooling department resources is an innovative procurement strategy that allows staff to leverage the purchasing power of existing contracts to obtain much needed services at competitive prices, while achieving a streamlined procurement process.

FINANCIAL IMPACT:

Staffing services obtained under the recommended agreement will be procured within existing appropriations in the Fiscal Year 2023/24 Adopted Budget.

See Table 1 for an overview of Fiscal Year 2022/23 expenditures and anticipated expenditures for Fiscal Year 2023/24.

Table 1: ACRO CorporaƟon Contract Expenditures
Fiscal Year Department PosiƟon Account Amount
2022/23 IS IS Manager Salary Savings $32,000
2022/23 Planning Senior Planner Contracted Services $111,304 FY 2022/23 Total: $143,304
2023/24 Engineering Senior Engineer (mul�ple) Contracted Services $250,000 2023/24 IS Network Administrator Salary Savings $32,500 FY 2023/24 AnƟcipated Total: $282,500
ALTERNATIVES:

As an alternative, Council may direct staff to prepare an RFP to solicit proposals from temporary staffing firms or not utilize temporary staffing services.

ATTACHMENTS:

1. Resolution approving use of ACRO’s contract for temporary staffing services a. Exhibit 1: ACRO Corporation Contract

RESOLUTION NO. _______
RESOLUTION APPROVING CITY-WIDE USE OF MARICOPA COUNTY’S

PIGGYBACK AGREEMENT FOR THE PROCUREMENT OF TEMPORARY
STAFFING SERVICES WITH ACRO SERVICE CORPORATION’S CONTRACT 16111 FOR FISCAL YEAR 2023/2024
WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and
WHEREAS, pursuant to the Purchasing Procedures, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and
WHEREAS, the City’s Procurement Services Manager has conducted due diligence and determined that ACRO Corporation’s piggyback contract with Maricopa County meets the above criteria and is eligible to be used by the City of Madera in compliance with the Purchasing Procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The Council approves the City-wide use of Maricopa County’s piggyback agreement for the procurement of temporary staffing services with ACRO Service Corporation’s Contract 16111 for Fiscal Year 2023/2024, attached as Exhibit 1 and incorporated herein, and authorizes the City Manager to enter into any required agreement necessary to effectuate the same, subject to approval as to legal form by the City Attorney.

3. This Resolution shall take effect immediately upon its adoption. * * *
(>-~,•:J .- \lr-- 01 o- 7 ~

CONTRACT PURSUANT TO RFP
SERIAL 16111-RFP
This Contract is entered into this 16th day of November, 2016 by and between Maricopa County ("County"), a political subdivision of the State of Arizona, and ACRO Service Corporation,a Michigan corporation ("Contractor") for the purchase of Staffing and Related Services.

1.0 CONTRACT TERM:

1.1 This Contract is for a term of Three (3) years, beginning on the 1st day of January, 2017 and ending the 31st day of December, 2019.

1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of Six (6) additional years, (or at the County's sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter.

2.0 FEE ADJUSTMENTS:

2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey.

3.0 PAYMENTS:
3 .1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit "A, A-1, A-2, A-3, A-4, A-5."

3.2 Payment shall be made upon the County's receipt of a properly completed invoice.

3.3 INVOICES:
3 .3 .1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information:

Company name, address and contact
County bill-to name and contact information
Contract Serial Number or
County purchase order number
Invoice number and date
Payment terms
Date of service or delivery
Quantity (number of days or weeks)
Contract Item number(s)
Description of Purchase (product or services)
Pricing per unit of purchase
Extended price
Mileage w/rate (if applicable)
Arrival and completion time (if applicable)
Total Amount Due
SERIAL 16111-RFP

3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.

3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov IF inanceN endors.aspx ).

3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).

3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.

3.4 APPLICABLE TAXES:

3.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor's invoices.

3.4.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract_it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.

3.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.

Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation.

3.5 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
3 .6 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($A VE):

The County is a member of the $A VE cooperative purchasing group. $A VE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.

3.7 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's)

3.7.1 County currently holds ICPA's with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.

Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract

4.0 AVAILABILITY OF FUNDS:

4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.

4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance.

5.0 DUTIES:

5.1 The Contractor shall perform all duties stated in Exhibit "B", or as otherwise directed in writing by the Procurement Officer or other using organization.

5.2 During the Contract term, County may provide Contractor's personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations as required.

6.0 TERMS and CONDITIONS:

6.1 INDEMNIFICATION:

To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.

Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

SERIAL 16111-RFP
The scope of this indemnification does not extend to the sole negligence of County.

6.2 INSURANCE.

6.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.

6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.

6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.

6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County's right to coverage afforded under the insurance policies.

6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

6.2.6 The insurance policies required by this Contract, except Workers' Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds.

6.2.7 The policies required hereunder, except Workers' Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor's work or service.

6.2.8 Commercial General Liability.

Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.

The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

6.2.9 Automobile Liability.

Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor's work or services or use or maintenance of the Premises under this Contract.

SERIAL 16111-RFP

6.2.10 Workers' Compensation.

Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services under this Contract; and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.

Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract.

6.2.11 Errors and Omissions (Professional Liability) Insurance.

Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.

6.2.12 Professional Liability.

Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the Contractor under the terms of this Contract, with a limit of not less than $1,000,000 for each claim, and $3,000,000 aggregate claims.

6.2.13 Crime - If any vendor is touching County funds
CONTRACTOR shall maintain Commercial Crime Liability Insurance with a limit of not less than $500,000 for each occurrence. The policy shall include, but not be limited to, coverage for employee dishonesty, fraud, theft, or embezzlement.

6.2.14 Cyber - If a vendor is "getting into" County computer systems Policy Limit:

6.2.14.1 The policy shall be issued with minimum limits of $100,000.

6.2.14.2 The policy shall include coverage for all directors, officers, agents and employees of the Contractor.

6.2.14.3 The policy shall include coverage for third party fidelity.

6.2.14.4 The policy shall include coverage for theft.

6.2.14.5 The policy shall contain no requirement for arrest and conviction.

6.2.14.6 The policy shall cover loss outside the premises of the Named Insured.

6.2.14.7 The policy shall endorse (Blanket Endorsements are not acceptable) the Department as Loss Payee as our interest may appear.

6.2.15 Sexual molestation and physical abuse
When services involve working with these groups of individuals, the insurance requirements in the contract need to be revised to include coverage for "sexual molestation and physical abuse". Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, contractors whose services include working with and/or caring for children/elderly and disabled persons should have their policies specifically endorsed to include this coverage.

SERIAL 16111-RFP

6.2.15 .1 Commercial General Liability - Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage.
a. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation.
b. The policy shall be endorsed to include the following additional insured language: "L_), its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

6.2.15.2 Minimum Limits:

General Aggregate
Products/Completed Operations Aggregate
Each Occurrence Limit
Personal/Advertising Injury
Sexual Abuse/Molestation
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000

6.2.16 Medical Mal - Any contractor that has a medical degree doing work with patience such as Psych or any other type of treatment
Medical Malpractice insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for Medical Malpractice of the Contractor, with limits ofno less than $5,000,000 for each claim.

6.2.17 Certificates of Insurance.

6.2.17 .1 Prior to Contract AW ARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor's insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title.

6.2.17.2 In the event any insurance policy (ies) required by this contract is (are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance.

6.2.17.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.

6.2.18 Cancellation and Expiration Notice.

Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.

SERIAL 16111-RFP

6.3 WARRANTY OF SERVICES:

6.3.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County's acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.

6.3.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.

6.4 REQUIREMENTS CONTRACT:

6.4.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.

6.4.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.

6.4.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.

6.5 Background Check:

Contractors need to be aware that there may be multiple background checks (Sheriffs Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.

6.6 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

6.7 Stop Work Order
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may SERIAL 16111-RFP
agree. The order shall be specifically identified as a stop work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its tenns and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either6. 7. l Cancel the stop-work order; or

6.7.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.

6.7.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.

6.8 UNCONDITIONAL TERMINATION FOR CONVENIENCE:

Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.

6.9 TERMINATION FOR DEFAULT:

The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:

6.9 .1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;

6.9.2 Make progress, so as to endanger performance of this contract; or

6.9.3 Perform any of the other provisions of this contract.

6.9.4 The County's right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failure within 10 days ( or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.

6.10 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:

Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.

6.11 CONTRACTOR LICENSE REQUIREMENT:

6.11.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, SERIAL 16111-RFP
ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.

6.12 SUBCONTRACTING:

6.12.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project.

6.12.2 The Subcontractor's rate for the job shall not exceed that of the Prime Contractor's rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor's invoice shall be invoiced directly to the Prime Contractor, who in tum shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor's invoice must accompany the Prime Contractor's invoice.

6.13 AMENDMENTS:

All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.

6.14 ADDITIONS/DELETIONS OF SERVICE:

6.14.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.

6.14.2 The County reserves the right of final approval on proposed staff for all Task Orders.

Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.

6.15 VALIDITY:

The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.

6.16 SEVERABILITY:

The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract.

6.17 RIGHTS IN DATA:

The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.

6.18 NON-DISCRIMINATION:

CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors.

SERIAL 16111-RFP
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/l which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin.

6.19 ISRAEL BOYCOTT:

By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.

6.20 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

6.20 .1 The undersigned ( authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor

6.20.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;

6.20.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, or receiving stolen property;

6.20.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

6.20.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.

6.20.2 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.

6.21 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:

6.21.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (1-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.

6.21.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.20.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the SERIAL 16111-RFP
County's intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

6.22 INFLUENCE
As prescribed in MCl-1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC 1-902.

An attempt to influence includes, but is not limited to:

6.22.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,

6.22.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.

If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.

6.23 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.

6.23.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section

3.908 of the Federal Acquisition Regulation;

6.23.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request.

6.23.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as ofSeptember2013).

6.24 Uniform Administrative Requirements:

By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL A WARDS contained in Title 2 C.F.R. § 200 et seq.

6.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:

6.25.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more SERIAL 16111-RFP
than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.

6.25 .2 If the Contractor's books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.

6.25.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.

6.26 AUDITDISALLOWANCES:

If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.

County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.

6.27 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.

6.28 PUBLIC RECORDS:

Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.

6.29 PRICES:

Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services.

6.30 INTEGRATION:

This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.

SERIAL 16111-RFP

6.31 RELATIONSHIPS:

In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor.

6.32 GOVERNING LAW:

This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona

6.33 ORDER OF PRECEDENCE:

In the event of a conflict in the provisions of this Contract and Contractor's license agreement, if applicable, the terms of this Contract shall prevail.

6.34 INCORPORATION OF DOCUMENTS:

The following are to be attached to and made part of this Contract:

6.34.1 Exhibit A, Vendor Information;

6.34.2 Exhibit A-1, Pricing;

6.34.3 Exhibit A-2, Pricing;

6.34.4 Exhibit A-3, Pricing;

6.34.5 Exhibit A-4, Pricing;

6.34.6 Exhibit A-5, Pricing;

6.34.7 Exhibit A-6, IT Project Pricing;

6.34.8 Exhibit B, Scope of Work;

6.34.9 Exhibit C,Office of Procurement Services Contractor Travel and Per Diem Policy.

NOTICES:

All notices given pursuant to the terms of this Contract shall be addressed to:

For County:

Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:

Mr. Rick Faber
Executive Vice-president
ACRO Service Corporation
39209 Six Mile Road, Suite #250
Livonia, MI. 48152
SERIAL 16111-RFP
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.

CONTRACTOR

AUTHORJZED SIGNATURE
·1<1cl,wo\ fube.,~ C2'<"cu:hvq_ Vitt. PnSJcle,,.·i

PRJNTED NAME AND TITLE
39d..oqwsx~1,lel2d)f~Sb. L 1vo,-,1a NJ
ADDRESS t../ 8-IS..:)
lJ: wber l_p t -10 IL,
DATE

MARICOPA COUNTY
NOV 16 2016
DATE
ATTESTED:
~ ---
NOV 1 6 2016
DATE
APPROVED AS TO FORM:

Q Q_ Q _)--- u t.., 7-o I (,
DATE LEGAL COUNSEL 1
COMPANY NAME:

VENDOR NUMBER
MAILING ADDRESS:

REMIT TO ADDRESS:

TELEPHONE NUMBER:

FACSIMILE NUMBER:

WEB SITE:

REPRESENTATIVE NAME:

EXHIBIT A

VENDOR INFORMATION
Aero Service Corp.
39209 Six Mile Road, Suit #250
Livonia, MI 48152
39209 Six Mile Road, Suit #250
Livonia, MI 48152
734-591-1 JOO
734-591-1217
www.acrocorp.com
Mr. Tim Nau
REPRESENTATIVE PHONE NUMBER: 414-312-0975
REPRESENTATIVE E-MAIL: tnau(ivacrocorp.com
SERIAL 16111-RFP
YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT:

WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:

PAYMENT TERMS:
[ x ] NET 30 DAYS
EXHIBIT A-1, PRICING
EXHIBIT A-2, PRICING
EXHIBIT A-3, PRICING
SERIAL 16111-RFP
SERIAL 16111-RFP
EXHIBIT A-4

PAYROLL SERVICES
16111 EXHIBIT A-4

STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS

PAYROLL SERVICES
Professional,
General Human
Administrative, Resource, Laborer/
State Call Center, Accounting / Technical, Information Trades Industrial, Food Medical Customer Finance, Human Engineering Technology Related Services, Service Services, Security
Insurance,
Media, Tax

MARKUP MARKUP MARKUP MARKUP MARKUP MARKUP MARKUP

PERCENTAGE PERCENTAGE PERCENTAGE PERCENTAGE PERCENTAGE PERCENTAGE PERCENTAGE Alabama 19.50% 19.10% 23.00% 18.90% 18.70% 28.55% 19.80% Alaska 21.25% 21.25% 21.60% 20.80% 19.80% 31.15% 21.15% Arizona 19.40% 19.40% 23.70% 19.20% 18.85% 29.45% 19.90% Arkansas 20.10% 20.10% 25.25% 19.85% 19.20% 30.40% 20.35% California 21.10% 21.10% 26.00% 20.90% 20.30% 31.60% 21.50% Colorado 19.50% 19.50% 24.00% 19.35% 18.90% 29.75% 20.10% Connecticut 30.20% 29.95% 37.20% 29.20% 27.90% 41.70% 29.45% Delaware 19.70% 19.35% 23.65% 19.20% 19.00% 29.25% 19.95% Florida 20.50% 19.80% 24.30% 19.40% 19.10% 29.95% 20.30% Georgia 20.50% 19.80% 24.30% 19.40% 19.10% 29.95% 20.30% Hawaii 28.50% 28.50% 31.90% 28.05% 26.10% 38.65% 27.85% Idaho 22.20% 20.95% 25.50% 20.65% 19.65% 31.45% 21.00%
Illinois 21.75% 20.75% 25.95% 19.85% 19.50% 31.05% 20.85% Indiana 21.50% 20.50% 25.60% 20.15% 19.40% 30.85% 20.65% Iowa 32.60% 30.50% 36.00% 29.85% 28.25% 42.20% 29.90%
Kansas 19.25% 18.90% 22.50% 18.80% 18.64% 28.85% 19.70% Kentucky 19.15% 18.90% 22.50% 18.80% 18.60% 28.65% 19.70% Louisiana 19.15% 18.90% 22.50% 18.80% 18.60% 28.65% 19.70% Maine 20.25% 19.65% 23.40% 19.50% 19.00% 29.70% 20.20%
Maryland 21.25% 20.30% 25.25% 19.75% 19.50% 30.60% 20.80% SERIAL 16111-RFP
Massachusetts 24.25% 22.35% 29.20% 21.25% 20.75% 32.90% 22.40% Michigan 23.20% 21.80% 27.70% 20.95% 20.40% 32.40% 21.80% Minnesota 22.00% 20.80% 25.25% 20.10% 19.65% 31.21% 21.00% Mississippi 19.50% 19.10% 23.00% 18.90% 18.70% 28.55% 19.80% Missouri 23.00% 21.50% 26.25% 20.70% 20.00% 32.15% 21.45% Montana 23.00% 21.50% 26.25% 20.70% 20.00% 32.15% 21.45% Nebraska 19.50% 19.10% 23.00% 18.90% 18.70% 29.05% 19.80% Nevada 22.00% 21.75% 24.75% 20.75% 20.20% 31.90% 21.55% New
Hampshire 19.50% 19.10% 23.00% 18.90% 18.70% 28.90% 19.80% New Jersey 21.80% 20.75% 25.00% 20.10% 19.75% 31.15% 21.10% New Mexico 33.00% 31.30% 37.50% 30.30% 29.50% 42.90% 31.10% New York 21.40% 20.40% 25.50% 20.00% 19.65% 30.75% 21.00% North Carolina 24.40% 22.45% 29.10% 21.35% 20.40% 33.40% 22.00% North Dakota 18.50% 18.60% 21.90% 18.50% 18.50% 28.40% 19.50% Ohio 29.35% 28.70% 33.25% 28.40% 28.10% 39.55% 29.35%
Oklahoma 19.20% 18.90% 22.55% 18.75% 18.65% 28.75% 19.70% Oregon 22.40% 21.85% 25.60% 20.90% 20.15% 32.05% 21.65% Pennsylvania 23.50% 22.20% 20.75% 21.40% 20.80% 32.80% 22.20% Rhode Island 28.10% 25.30% 33.85% 23.65% 22.65% 36.85% 24.55% South Carolina 19.65% 19.20% 23.15% 19.00% 18.75% 29.15% 19.85% South Dakota 26.85% 26.60% 30.45% 26.45% 26.35% 37.10% 26.45% Tennessee 19.70% 19.70% 24.35% 19.00% 19.00% 30.00% 20.17% Texas 21.40% 20.15% 25.45% 19.50% 19.50% 30.75% 20.80%
Utah 20.80% 20.00% 24.65% 19.30% 19.25% 30.35% 20.50%
Vermont 20.80% 20.00% 24.65% 19.30% 19.25% 30.35% 20.50% Virginia 20.80% 20.00% 24.65% 19.30% 19.25% 30.35% 20.50% Washington 26.65% 26.40% 29.90% 23.65% 23.65% 36.50% 25.50% West Virginia 37.85% 37.30% 42.05% 36.65% 36.65% 48.80% 37.95% Wisconsin 20.10% 20.10% 25.25% 19.85% 19.20% 42.80% 20.45% Wyoming 27.95% 24.85% 32.55% 21.80% 21.90% 36.55% 23.75% EXHIBIT A-5

DIRECT PLACEMENT FEES
I. Conversion Fees
II. Direct Placement Fees
III. Assessment Testing and Evaluations
IV. Payroll Service Rates by State (See EXHIBIT A-4)
I. Conversion Fees:

SERIAL 16111-RFP
Conversion Fees: A participating public agency may hire any temporary employee without a conversion fee after 90 days (520 hours) for any Clerical/Administrative, Call Center/CSR, Food Related Services, Industrial/Laborer, Trades personnel OR 180 days (1040 hours) for all other classifications as listed in pricing sheets B, C and D.

If an agency hires a temporary worker prior to 520 hours or 1040 hours, respectively, mentioned above, a conversion fee will be charged. The conversion fee shall be equal to 160 hours times the temporary employee's straight time hourly rate.

II. Direct Placement Fees:

Aero offers permanent hire services and is pleased to provide the following pricing for such services. Aero will bill a participating public agency a permanent hire services fee equivalent to 16% of the starting annual salary (including guaranteed compensation of any kind, but excluding variable compensation, e.g., performance based bonuses) at which the candidate recruited by Aero or its associate vendors is hired by the participating public agency. For purposes hereof, annual salary shall be defined as:
hourly pay rate x 2080, or weekly pay rate x 52, or monthly pay rate x 12.

III. Assessment Testing and Evaluation:

Aero utilizes Kenexa Prove It! Skills Testing and Pre-Employment Assessments. Aero has access to the entire library of Kenexa assessment tests. All sub-contractors will also utilize the same tests when required. All tests are included in our pricing there are no additional fees for assessments
SERIAL 16111-RFP
EXHIBIT A-6
IT Project SOW Pricing
IT Architect I $ 77.25 $ 89.33
IT Architect II $ 89.33 $ 100.64
IT Architect Ill $ 100.65 $ 114.47
IT Business Analyst I $ 57.49 $ 71.73
IT Business Analyst II $ 71.74 $ 86.12
IT Business Analyst Ill $ 86.12 $ 102.04
IT Business Intelligence Developer I $ 69.98 $ 79.85
IT Business Intelligence Developer II $ 79.86 $ 92.17
IT Business Intelligence Developer Ill $ 92.18 $ 109.46 IT C++ Programmer $ 47.45 $ 100.95
IT CADD Technician I $ 43.98 $ 53.61
IT CADD Technician II $ 53.63 $ 64.09
IT CADD Technician Ill $ 64.10 $ 74.78
IT Client/Server Specialist $ 79.84 $ 105.72
IT Computer Operator $ 30.40 $ 55.01
IT Data Communications Network Analyst $ 61.64 $ 112.95 IT Data Processing Operations Control $ 31.49 $ 70.54
IT Data Processing Planning Analyst II $ 45.43 $ 107.50 IT Data Warehouse Developer $ 35.66 $ 89.51
IT Database Administrator I $ 50.89 $ 59.16
IT Database Administrator II $ 59.17 $ 71.74
IT Database Administrator Ill $ 71.74 $ 87.21
IT Database Manager $ 87.21 $ 95.94
IT Database Specialist II $ 42.78 $ 62.99
IT Database Specialist Ill $ 63.07 $ 83.14
IT Database Modeler $ 72.43 $ 95.94
IT Development Manager $ 46.02 $ 96.41
IT Documentation Specialist $ 41.15 $ 98.68
IT E-commerce Solutions Architect $ 54.59 $ 98.68
IT EDP Planning Analyst $ 60.30 $ 108.34
IT ETL Programmer I $ 54.69 $ 64.05
IT ETL Programmer II $ 64.06 $ 73.94
IT ETL Programmer Ill $ 73.95 $ 94.83
IT GISs Specialist $ 85.32 $ 147.72
IT Internet Application Developer $ 42.78 $ 92.14
IT Java Programmer I $ 57.98 $ 72.40
SERIAL 16111-RFP
IT Java Programmer II $ 72.41 $ 91.95
IT Java Programmer Ill $ 91.96 $ 107.02
IT LAN/WAN Administrator $ 39.91 $ 70.54
IT Mainframe Capacity Study $ 60.30 $ 98.34
IT Management Information Specialist $ 63.07 $ 83.14
IT MS SQL Server Administrator $ 46.59 $ 76.59
IT Network Administrator I $ 46.45 $ 57.06
IT Network Administrator II $ 57.07 $ 68.08
IT Network Administrator Ill $ 68.09 $ 79.52
IT Oracle Server Administrator $ 54.59 $ 103.30
IT Other Database Server Administrator $ 54.59 $ 103.30 IT PC LAN Technician $ 26.12 $ 52.49
IT Programmer Analyst I $ 58.35 $ 67.44
IT Programmer Analyst II $ 67.52 $ 77.80
IT Programmer Analyst Ill $ 77.81 $ 93.65
IT Project Administrator $ 45.34 $ 58.01
IT Project Manager I $ 58.59 $ 69.49
IT Project Manager II $ 69.49 $ 80.62
IT Project Manager Ill $ 80.63 $ 93.74
IT Project Manager IV $ 93.75 $ 121.52
IT Quality Assurance Engineer I $ 51.56 $ 63.62
IT Quality Assurance Engineer II $ 63.62 $ 75.04
IT Quality Assurance Engineer Ill $ 75.04 $ 89.51
IT Quality Assurance Manager $ 89.52 $ 103.69
IT Quality Assurance/systems Testing Analyst $ 35.66 $ 89.51 IT Security Engineer I $ 60.75 $ 76.14
IT Security Engineer II $ 76.15 $ 98.08
IT Security Engineer Ill $ 98.09 $ 138.30
IT Server Based Computing Engineer $ 49.97 $ 75.58
IT Sr. EDP Planning Analyst $ 59.04 $ 77.43
IT Storage and Retrieval System Design $ 44.14 $ 75.83
IT System Architect $ 65.25 $ 97.84
IT Systems Project Manager $ 46.78 $ 83.23
IT Technical Support Specialist II $ 26.12 $ 39.05
IT Technical Support Specialist Ill $ 39.14 $ 61.73
IT Telecommunications Specialist II $ 43.08 $ 52.40
IT Telecommunications Specialist Ill $ 52.49 $ 63.41
IT UNIX System Administrator $ 41.99 $ 70.54
IT Visual Basic Developer I $ 37.83 $ 58.37
IT Visual Basic Developer II $ 58.45 $ 77.26
IT Visual Basic Developer Ill $ 77.18 $ 95.26
IT Web Content/Communications Manager $ 45.38 $ 80.37
IT WEB Site Developer $ 45.38 $ 80.37
IT WEB Document Specialist $ 41.15 $ 98.68
IT Misc IT Classification $ 71.02 $ 184.65
SERIAL 16111-RFP

EXHIBITB

SCOPE OF SERVICES STAFFING AND RELATED SERVICES

1.0 INTENT:

1.1 MASTER AGREEMENT (US COMMUNITIES):

Maricopa County, AZ (herein "Lead Public Agency") on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies") is entering in contracts from qualified suppliers to enter into a Master Agreement for a complete line of Staffing Services and Related Services and Solutions (herein "Products and Services").

1.2 To establish a nationwide purchasing requirements contract with Staffing Services providers to provide all services in Section 2.0 of this document. This includes any proposed management tools available (see Section 2.14).

1.3 Other governmental entities under agreement with the County may have access to services provided hereunder (see Section 2.17 and 2.18 and Exhibit 6, MICPA).

1.4 The County reserves the right to add additional contractors, at the County's sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County's needs or to ensure adequate competition on any project or task order work.

2.0 SCOPE OF WORK:

2.1 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES:

2.1.1 Staffing Services - The complete portfolio of staffing services available by Contractor.

Including administrative staffmg (administrative, professional, laborer, technical, trades, etc.), information technology staffmg, medical staffing, and any other staffmg services offered by Contractor.

2.1.2 Managed Service Provider Solutions - The complete portfolio of managed service provider solutions such as contingent workforce management strategy development, strategic vendor management technology, risk mitigation methods, employment compliance methods, rate and spend management (cost savings), efficient standard processes and workflow, staffing vendor selection and management, workforce utilization trends, in-depth program reporting and analytics, and any other managed service provider solutions offered by Contractor.

2.1.3 Related Services and Solutions - The complete range of related services and solutions offered by Contractor such as temporary-to-hire services, direct hire services, outsourcing solutions, career management consulting, independent contractor compliance/risk management, onsite management programs, recruitment process outsourcing, outplacement services, payroll services, and any other services and solutions offered by Contractor.

2.2 SUBCONTRACTING AND TEAMING ARRANGEMENTS:

The Contractor shall agree that all subcontractors will be bound by the rules and regulations contained in this contract.

2.2.1. Contractor may use Contractor's affiliates as subcontractors, or other subcontractors, to perform Contractor's services under this Contract, subject to Contractor remaining primarily responsible for its obligations under this Contract and ensuring that services are provided to the same extent that Contractor would have provided such services had SERIAL 16111-RFP
Contractor performed those services without the use of an affiliate or subcontractor. The Contractor shall ensure that any subcontractor or agent agrees to the same restrictions, conditions, and requirements that apply through this Contract to such subcontractors and agents. The Contractor shall keep the County informed concerning the performance of all the subcontractors.

2.2.2. Contractor may not have exclusive teaming arrangements and/or other contractual provisions that result in limiting or preventing full and fair competition.

2.3 CONTRACTOR RESPONSIBILITIES:

Contractor's employees shall be required to adhere to all work policies, procedures, and standards established by the County. The Contractor's employees shall conform in all respects with regard to physical, fire and security/ safety regulations while on the County's premises. Contractor shall be responsible for obtaining all rules, regulations, policies, etc. from the County.

Contractor shall be responsible for the following:

2.3.1 Recruiting, hiring, and administering any evaluations and/or disciplinary actions, implementing any reassignments and/or terminations of contractor employees provided to the County by Contractor.

2.3.2 Maintaining a recruiting and hiring program that is in compliance with applicable federal and state employment laws and their implementing rules and regulations, including, but not limited to, Title VII of the Civil Rights Act of 1964 ("Title VII"), the Americans With Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA''), the Fair Credit Reporting Act ("FCRA"), and the Arizona Employment Protection Act ("AEPA").

2.3.3 Performing background screening on all contractor employees provided to the County, to include screening of credentials, licensure, personal history, qualifications, work history, and references, as well as criminal background checks and fingerprinting as provided herein. Contractor shall ensure that all contractor employees possess all certifications and qualifications necessary to enable them to perform their assignments.

2.3.4 Administering periodic performance evaluations for each contractor employee provided under this contract.

2.3.5 Informing contractor employees that they are required to adhere to the policies and procedures of the County. Contractor and/or its designee shall promptly notify the applicable County agency of any human-resource-type issue raised by a contractor employee that may affect the County, such as threats of violence, harassment, discrimination or retaliation.

2.3.6 Providing contractor employees all of County's safety, drug/alcohol, work policies, antiharassment, anti-discrimination and anti-retaliation policies and informing them that they are required to adhere to such policies. Contractor shall establish a complaint and/or reporting procedure for violations of policies and instruct contractor employees on the use of the procedure. Contractor shall obtain written acknowledgement from each contractor employee provided under this contract that she or he has read, understood and agrees to abide by those policies and procedures.

2.3.7 Providing harassment, discrimination, and retaliation training for all contractor employees provided under this contract. Contractor shall maintain a record of all such training.

2.3 .8 Informing contractor employees in writing that they are employed by Contractor, not the County.

SERIAL 16111-RFP

2.3.9 Notifying contractor employees in writing that the only benefits they will receive will be from Contractor, and that they are not entitled to any benefits from the County.

2.3 .10 Preparing and distributing an Employee Handbook to contractor employees that identifies and explains Contractor's policies and procedures that will be followed during the course of contractor employees' employment with Contractor.

2.3 .11 Informing contractor employees in writing that job-related illness/injury reports are to be made to Contractor. Contractor and/or its designee shall notify the applicable County agency within 24 hours of receipt of any such reports.

2.3.12 Being solely responsible for, and holding County harmless from, all administrative employment matters regarding contractor employees including, but not limited to, all payroll and payroll income tax withholding matters; payment of workers' compensation premiums; funding of appropriate fringe benefit programs; and taking responsibility for and complying with (including offering coverage, if required) the Affordable Care Act with respect to its employees.

2.3.13 Paying contractor employees in compliance with applicable wage and hour laws including, but not limited to, the Fair Labor Standards Act ("FLSA") and Arizona Labor Code. Contractor shall maintain complete and accurate records of all wages paid to its employees assigned to provide services to County. Contractor shall be exclusively responsible for and will comply with applicable law governing the reporting and payment of wages, and payroll-related and unemployment taxes attributable to wages paid to its employees assigned to provide services to County. INTERVIEW OF PROSPECTIVE PERSONNEL:

2.4 The County shall have the right to interview all prospective personnel and to accept or reject any or all based upon the required skills and the background and experience of each individual. A resume may be required upon request prior to an interview.

2.5 TRAINING:

Referred personnel shall be immediately productive, requiring minimal training and orientation. In the event that extended training (over four (4) hours) is required, such as for an extended project or for any particular skill set, the Contractor may be required to pay the employee for up to sixteen (16) hours (two (2) business days) of training as determined by the County.

2.6 HOURS OF WORK:

The work week shall be Monday through Friday. Contractor shall verify work hours at the time order is placed. Work hours and holidays will vary dependent upon the County and position.

Normal working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays.

There may be requirements for evening, weekend, and overtime work. Weekend work shall be defined as Saturday and Sunday during the same week. Weekend work shall not be considered overtime unless in excess of forty ( 40) hours.

Overtime shall be defined as hours worked in excess of forty (40) per week. Should a temporary employee works on a holiday, regular pay shall apply to all hours under forty (40), and time and a half shall apply for hours over forty (40). Overtime must be approved in writing, in advance, by the Agency in order to be reimbursable.

Lunch periods will range from 30-60 minutes and will be determined by the County. No payments shall be made for lunch periods.

Each temporary employee will receive one 15 minute break in the morning and one 15 minute break in the afternoon, exact time of the break will be agreed to by the employee and the County.

SERIAL 16111-RFP

2.7 TRANSPORTATION AND PARKING
It will be the Contractor or the contractor's employee's responsibility to provide transportation to and from the required locations. Parking may or may not be provided and, if not, will be the responsibility of the Contractor or the contractor employee.

2.8 TEMPORARY PERSONNEL EXPENSES:

Contractor shall be responsible for temporary personnel expenses. Contractor may bill for certain travel expenses on a case-by-case basis. Contractor shall seek County approval before billing for any travel expenses. If approved by the Prospective Personnel, travel expenses shall be reimbursed in accordance with the County's Travel Policy. Original receipts for travel must be submitted for reimbursement of allowable direct costs (lodging, communications, etc.).

2.9 CONTRACTOR SINGLE POINT OF CONTACT:

Each Contractor shall designate a coordinator as a single, local point of contact (SPOC), as well as a backup, that will be accessible during normal work hours 8:00 a.m. until 5:00 p.m. Monday through Friday, with the exception of the designated holidays to receive employment requests, handle and assist in any and all inquiries regarding scheduling, billing, status of orders, availability, contract pricing, contract compliance requirements, reports, and problem solving.

Contractor's SPOC shall be available via a toll free telephone number or email. The SPOC may have support staff that will serve as account managers for different County Agencies, or designated multiple points of contact in order to best provide service.

2.10 CONTRACTOR EMPLOYEE REQUIREMENTS:

2.10.1 Background Screening:

A background check is required for all employees of Contractor's staff providing services to the County. The cost of this service shall be incurred by the County.

Certain contractor employees based on position may be subject to various criminal checks, fingerprinting, and background checks upon whose results the County may choose to base its decision to accept an individual for an assignment. The requirements of these background checks are explained in Attachments B, C and D under Screening Fees.

Contractor to include pricing for these services as indicated. The cost of this service shall be incurred by the County.

2.10.2 DrugTesting:

Drug testing requirements will vary for individual Agencies throughout the County. The County will identify if there is a drug test requirement at the time the order is placed. The County will pay for these tests as pass-through costs. These tests are normally conducted randomly, on a random number of temporary employees, in safety-sensitive positions, and consist of a urine sample. If a contractor employee fails a drug test, the contractor employee will no longer be eligible to provide services to the County under this contract.

The requirements of these tests are explained in Attachments B, C and D under Screening Fees. Contractor to include pricing for these services as indicated. The cost of this service shall be incurred by the County.

2.10.3 If driving is a requirement of a position, County Agencies will require a DMV check.

The cost of this service shall be incurred by the County.

2.10.4 Additional Certification(s):

Certain positions may require additional types of certifications such as First Aid and CPR certification. Contractor employees shall have these certifications prior to applying for such positions. Contractor employees shall maintain and recertify these SERIAL 16111-RFP
certifications at the contractors or their own expense.

2.10.5 Dress and Equipment:

Contractor employees shall report to job assignments dressed appropriately and with the equipment specified by the County as being required to perfonn work in the service categories covered under this contract. The County requires most field personnel to have safety shoes, at the expense of the temporary employee. The safety shoes must meet American National Standards Institute (ANSI) and Occupational Safety and Health Administration (OSHA) standards.

2.10.6 Communication Skills:

Unless otherwise requested, all contractor employees must be able to read, write, speak and comprehend the English language in accordance with the minimum requirements of the position description. Contractors that provide contractor employees that are unable to read, write, speak and comprehend the English language in accordance with the County's detennination will refund any fees and wages incurred.

2.10. 7 Courtesy and Cordiality Towards All Others:

Contractor employees shall be respectful of all people with whom they interact, including County employees and customers of the County.

2.10.8 County's Right of Refusal:

The Contractor will be given between four ( 4) business hours and one (I) business day to confirm availability of a contractor employee to fill a request. However, for "hardto-fill" positions, the County may allow up to five (5) business days for Contractor to confirm availability of a contractor employee. In the event that the Contractor is unable to fill the job request, the County may cancel the request and place the request with another Contractor. The County reserves the right to simultaneously give all Contractors an opportunity to fill all "hard-to-fill" positions on a "first come" basis. In the event that all Contractors are unable to fill the request, the County may fill the requirement by soliciting pricing from other qualified sources.

2.11 SUPERVISION OF TEMPORARY EMPLOYEES:

Contractor's employees shall be supervised by the County. The County shall have direct control over the daily activities of the Contractor's employees. Work policies, procedures, and standards established by the County shall be followed at all times. The Contractor's employees shall conform in all respects with regard to physical, fire and security / safety regulations while on the County's premises. Contractor shall be responsible for obtaining all rules, regulations, policies, etc. from the County.

2.12 CONFIDENTIALITY OF COUNTY INFORMATION:

Contractor's employees may have access to confidential information. Under no circumstance will this information be given out to anyone without the express pennission of County management.

2.12.1 The Parties acknowledge and agree that regardless of any provision in the Contract or this SOW to the contrary, the services to be provided by Contractor do not involve any access, use or disclosure by Contractor of any of the County's protected health infonnation ("PHI"), as that tenn is defined in the Health Insurance Portability and Accountability Act of 1996 ("HIP AA"). Contractor is not a "business associate" of the County, as defined in HIPAA. In the event PHI is inadvertently transmitted to Contractor, Contractor shall immediately infonn the County and the Parties shall work cooperatively to take all necessary action to address compliance with HIP AA and state privacy laws.

SERIAL 16111-RFP

2.12.2 County shall provide Contractor a list identifying HIPAA covered departments of the County. For Contractor's employees assigned to any such department, employees will be required not to disclose or in any way reveal or disseminate PHI to Contractor or any other unauthorized parties. County shall instruct Contractor's employees concerning the confidentiality of medical information of County's patients, standard precautions, and the County's HIPAA policies and procedures. The Parties acknowledge and agree that for purposes of compliance with HIP AA, Contractor's employees shall be considered part of County's workforce as that term is defined in HIPAA, but shall otherwise not be considered workforce or employees of County for any other purposes, including by and not limited to tax or employment law.

2.13 REPLACEMENT OF CONTRACTOR EMPLOYEES:

2.14M
In the event any contractor employee fails to adhere to the County's directions or security/safety regulations, or demonstrate that they are not qualified to perform the required duties, the County shall notify the Contractor who shall replace the employee immediately or as directed by the County at no cost to the County (including, but not limited to, training time, background checks, ID badges, drug testing, etc.).

This also applies to any contractor employee that leaves, for any reason, before the assignment is completed. When a contractor employee leaves, at any time, the Contractor shall be responsible for any unreturned keys, ID badges, etc. If such items are not returned to the County within five (5) working days the County shall send an invoice to the Contractor for the exact replacement cost. The Contractor shall pay this invoice within fourteen (14) days.

ANAGEMENT SYSTEM REQUIREMENTS:

The System should manage all processes required to procure contract employees, manage assignments, collect hours worked, consolidate invoicing and report on the contingent worker program for an organization. The basic implementation pre loads job titles and descriptions, rates, vendors, users and business rules.

A keyf eature of the system should keep the users updated on the status of the order, and facilitates communication between all parties involved in the process. The System should utilize standard e mail applications to notify users when a task is required or has been completed. For example, a requesting manager is notified when their requisition has been distributed to vendors and in turn when the vendors have submitted resumes. The internal clock in the system should time stamps alla ctivities and provide reports accordingly. The system should be a "collaborative e-commerce" platform connecting requestors, process managers, vendors and contract employees for communication and collaboration in one central platform.

The system should be workflow based application delivered in Software as a Service (SaaS) delivery model accessed via the internet utilizing a standard browser, therefore the user need not be in the office to complete required tasks. The system shall be configured specifically for each client utilizing business rules, user roles and internal routing. The system should be extensive application configuration tool that allows new users, vendors and job information to be added or updated easily.

2.14.l The system solution will should reduce costs and improves efficiency for Enterprise clients by automating the contingent staffing process through:

2.14.1.1 2.14.1.2

2.14.1.3 2.14.1.4

2.14.1.5 2.14.1.6
Single point of contact - multiple vendor resources
Consolidation and standardization of the contingent workforce procurement processes
Automated order entry/distribution, candidate submittal, response and order fulfillment
Replaces paper intensive and manually managing progress Replaces fax, e mail or telephone order distribution- no data capture methods
Addressing the unique requirements for Commercial and Light Industrial

2.14.1.7 2.14.1.8

2.14.1.9 2.14.1.10

2.14.1.11 2.14.1.12

2.14.1.13 2.14.1.14
SERIAL 16111-RFP
clients
Quick fill process
Visibility into weekly and daily resource loading schedules and ability to adjust
Mobile Apps for shop floor usage
Accommodates multiple shift differential methodologies
Flagging applicants that require special review
Provide additional information on applicant to assist hiring manager with evaluation
Tracking history of all assignments at client location
Providing collaborative features that reduce "telephone tag"

2. 14.2 Streamlining the approval and billing process using:

2.14.2.1 2.14.2.2

2.14.2.3 2.14.2.4
Pre-established routing for approvals
Desktop action list, Email notification
Automatic approval proxies for manager absences
Tracking of company property

2.14.3 Automating time and expense capture/approval

2.14.3.1 2.14.3.2

2.14.3.3 2.14.3.4

2.14.3.5 2.14.3.6
Eliminate paper intensive time capture
Reduce audit requirements of time capture/invoice process Enterprise wide reporting: transactions, financial, and performance metric Data to make sound business decisions
Integration into financial, HRIS or eProcurement packages through standard API's
Allows for compliance to ERISA and co-employment time worked rules Provides usage data immediately after payroll

2. 14.4 Significant dollars ares aved through reducing process inefficiencies, managing actual dollars spent and providing management decision reporting statistics and data.

2.15 SECURITY GUARD SERVICES:

Required Uniformed Security services:

2.15.1 UNARMED SECURITY GUARD REQUIREMENT: Must be in possession ofa valid State of Arizona security guard license as an unarmed security guard.

2.15.2 ARMED SECURITY GUARD REQUIREMENTS: Must be in possession of a valid State of Arizona security guard license as an armed security guard.

2.15.3 Current CPR and First Aid certification

2.15.4 Contractor shall provide ALL uniforms required exclusive of work shoes/boots, socks and underwear. No athletic shoes are permitted. Uniform shall be in compliance with Arizona Revised Statutes Title 32, Chapter 26, Section 32-2601 et seq. and the SECURITY OFFICERS AGENCY UNIFORM GUIDELINES as published by the Arizona Department of Public Safety Licensing Unit.

2.15.5 Duty belt should include QC spray, handcuffs and firearm (if armed security guard).

2.15.6 Personnel activities shall be coordinated with the designated Manager or designee. To enforce policies and regulations, communicate all issues with Manager or designee.

2.15.7 Complete daily activity reports and monthly reports and provide to customer accordingly.

2.15.8 Conduct internal and external patrols, as required. Spot check building for safety hazards, monitor secured areas and be knowledgeable of staff access.

2.15.9 Escort visitors and vendors ifrequested.

SERIAL 16111-RFP

2.15.10 Conduct monthly evaluations of safety equipment, including, but not limited to, fire extinguishers, exit signs and emergency lighting, and provide communication on any nonfunctioning equipment or broken facility equipment ifrequested from the County.

2.15.11 Contractor employees must be able to work with a diverse population in a professional and courteous manner and have experience with conflict resolution.

2.15.12 Assist staff with any related security issues that arise, including any difficult situations relating to staff and customers.

2.15.13 General Security Duties:

The following are a list of Standard Operating Procedures to be performed by assigned personnel. Assigned personnel shall become familiar with procedures and authorized persons associated with the location they are assigned to. Additional duties may be assigned by the Responsible Manager or assigned designee.

2.15.13.1 Protect the safety of all persons on site.

2.15.13 .2 Be polite, courteous, respectful, and responsive to all individuals.

2.15 .13 .3 Prohibit entry into secure areas by anyone other than authorized individuals as directed.

2.15.13.4 Prevent fire, theft, vandalism, and trespassers on the property.

2.15.13.5 Contractor for guard services must provide a procedure manual for responding to medical emergencies, bomb threats, riots, fires, disruptive persons, and other emergencies.

2.15.13.6 Monitor security consoles (i.e. employee access control and alarm computer, CCTV video monitors, DVR's, etc.).

2.15.13.7 Be familiar with ad implement emergency fire or fire alarm including familiarity with floor plans and locations of firm alarm pull boxes, fire extinguishers, fire alarm monitoring panel and other life/safety systems.

2.15.13.8 Be familiar with and implement emergency intrusion alarm procedures including the use of computer programs, closed circuit television monitors, voice intercom systems, alarms and alarm enunciator panels and other equipment required for monitoring and control of building access.

2.15.13.9 Be responsible for all building and systems keys and access control cards in their possession and ability to account for the whereabouts of keys at all times. Should keys be lost or stolen, Responsible Manager shall be notified immediately. Contractor is responsible for the cost of replacement of lost, stolen or damaged keys and access cards.

2.15.13.10 Patrol the interior and exterior of the facility and buildings:

2.15.13.10.1 Monitor offices, classes, employees and customer areas without disruption.

2.15.13.10.2 Patrol any common computer Jab, if applicable; visually scan customer's computer monitors to ensure that there are no inappropriate websites being used, i.e. sexual content.

SERIAL 16111-RFP

2.15.13.10.3 Check for unauthorized open doors, i.e. exit and storage doors.

2.15.13.10.4 Check for leaks or damages, and identify anything out of the ordinary.

2.15.13.10.5 Patrol the interior of the building at the end of the work day to ensure all staff and visitors have left the building. Tum off all lights, lock all doors, and set alarm system, if applicable.

2.15.13.10.6 Patrol the exterior of the facility as directed.

2.15.13.10.7 Patrol prior to the arrival of staff at the beginning of the work day and after staff leaves, at the end of the work day.

2.15.13.10.8 Monitor people entering the building for any type of prohibited weapon, food or drink.

2.15.13.10.9 Check customer parking and employee parking areas, monitoring for any suspicious activity or vandalism. Report any unusual incidents or hazardous conditions.

2.15 .13 .11 Maintain a daily log for each shift in accordance with all policies for the site (i.e. sign in and sign out requirements for visitors.

2.15.13.12 Maintain a log of all security violations and report occunences to Responsible Manage as quickly as possible considering the nature of the violation.

2.15.13.13 Be familiar with procedures for receiving and forwarding requests for maintenance.

2.15.13.14 Comply with all FCC rules and regulations when using assigned communication devices which must be supplied by the contracted guard service unless otherwise stated by the County.

2.15.13.15 The use of cell phones is strictly prohibited, except as required to perform assigned duties.

2.15.13.16 Personal electronic devices, portable electronic devices or reading materials not related to assigned duties are prohibited.

2.15.13.17 Engaging in or conducting any personal business or business outside of the assigned responsibilities is strictly prohibited.

2.15 .13 .18 Socializing is prohibited. No visitors are allowed in the building before or after work hours. Conversations with staff and customers are to remain cordial and brief.

2.16 MINIMUM WAGE, LIVING WAGE AND MANDATORY HEALTH AND WELFARE BENEFITS:

2.16.1 Contractor must meet all federal, state and local requirements regarding minimum wage, living wage and any mandatory health and welfare benefits.

SERIAL 16111-RFP

2.17 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($A VE):

The County is a member of the $A VE cooperative purchasing group. $A VE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.

Under the $A VE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $A VE may access a contract resulting from a solicitation issued by the County. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this contract.

2.18 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's):

County currently holds ICPA's with numerous governmental entities throughout the State of Arizo~a. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities.

3.0 PROCUREMENT REQUIREMENTS:

3.1 DELIVERY:

It shall be the Contractor's responsibility to meet the proposed delivery requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor.

3.2 USAGE REPORT:

The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The fonnat of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit.

SERIAL 16111-RFP

EXHIBIT C

OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY

1.0 All contract-related travel plans and arrangements shall be prior-approved by the County Contract Administrator.

2.0 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District (County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to determine rates (no exceptions): www.gsa.gov

2.1 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be reimbursed. They should be included in the contractor's hourly rate as an overhead charge.

2.2 The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or incidentals.

3.0 Commercial air travel shall be reimbursed as follows:
3 .1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when preapproved in writing by the County Contract Administrator as a result of the business need of the County when there is no lower fare available.
3 .2 The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time of contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to transportation to or from an alternate site.

3.3 The County will not (under no circumstances) reimburse for Contractor guest commercial air travel.

4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same travel period will not be permitted without prior written approval by the County Contract Administrator.

4.1 Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor. The County will not reimburse contractor if the contractor chooses to purchase these coverage.

4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)

4.3 County will reimburse for parking expenses if free, public parking is not available within a reasonable distance of the place of County business. All opportunities must be exhausted prior to securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH; shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.

4.4 County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport.

4.5 The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s) or other any transportation costs.

5.0 Contractor is responsible for all costs not directly related to the travel except those that have been preapproved by the County Contract Administrator. These costs include (but not limited to) the following: inroom movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel, SERIAL 16111-RFP
fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not reimbursable.

6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual contracts.

7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator.

No travel and per diem expenses shall be paid by County without copies of the written consent as described in this policy and copies of all receipts.

Chief Procurement Officer
320 W. Lincoln St.

Phoenix, AZ 85003
Phone: (602) 506-3967
Fax: (602) 258-1573
Maricopa County
Office of Procurement Services
www.maricopa.gov
February 07, 2019
ACRO Service Corporation
39209 W. Six Mile Rd. Suite 250
Livonia, MI 48152
We are pleased to notify you that Maricopa County has renewed your contract to supply the STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS as indicated on the attached award sheet with an effective date of January 01, 2020.

In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award, which will include deliveries and terms.

If you have any questions regarding Serial-16111-RFP, please contact Simon Alvarez at (602) 506- 8714.

Sincerely,

Simon Alvarez, Procurement Officer
Office of Procurement Services
SA/yy
Attachments
cc: Office of Procurement Services
re: Serial-16111-RFP
SERIAL 16111 RFP STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Contract - ACRO Service Corporation
DATE OF LAST REVISION: February 07, 2019 CONTRACT END DATE: December 31, 2021 CONTRACT PERIOD THROUGH DECEMBER 31, 2019, 2021
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on November 16, 2016 (Eff. 01/01/17).

All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.

The contract period is indicated above.

SA/yy
Attach
Copy to: Office of Procurement Services
Keely Farrow, Human Resources
(Please remove Serial 11143-RFP from your contract notebooks) Kevin Tyne, . menl O:fficer
Office of Procurement _ervice s
Chief Procurement Officer
160 South 4th Avenue
Phoenix, AZ 85003
Phone: (602) 506-3967
Fax: (602) 506-6766
Maricopa County
Office of Procurement Services
www.maricopa.gov
May 20, 2021
ACRO Service Corporation
39209 W. Six Mile Rd. Suite 250
Livonia, MI 48152
We are pleased to notify you that Maricopa County has renewed your contract to supply the STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS as indicated on the attached award sheet with an effective date of January 1, 2022.

In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award, which will include deliveries and terms.

If you have any questions regarding Serial-16111-RFP, please contact Simon Alvarez at (602) 506-8714.

Sincerely,

Simon Alvarez, Procurement Officer
Office of Procurement Services
SA/yy
Attachments
cc: Office of Procurement Services
re: Serial-16111-RFP
SERIAL 16111 RFP STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Contract - ACRO Service Corporation
DATE OF LAST REVISION: May 20, 2021 CONTRACT END DATE: December 31, 2023 CONTRACT PERIOD THROUGH DECEMBER 31, 2019, 2021 2023
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on November 16, 2016 (Eff. 01/01/17).

SA/yy
Attach
Copy to: Office of Procurement Services
Darrien Ellison, Human Resources
(Please remove Serial 11143-RFP from your contract notebooks) -i
Kevin Tyne, hi't:::: eo, Officer
Office of Procurement Service
SERIAL 16111-RFP
AMENDMENT No.3
To
SERIAL 16111-RFP STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Between

ACRO SERVICE CORPORATION
&

MARICOPA COUNTY, ARIZONA
WHEREAS, Maricopa County, Arizona ("County") and ACRO Service Corporation ("Contractor") have entered into a Contract for the purchase of Staffing Services and Related Services and Solutions dated January 1, 2017 ("Agreement") County Contract No: 16111-RFP.

WHEREAS, County and ACRO Service Corporation have agreed to further modify the Agreement by changing certain terms and conditions;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:

1. The addition of language to the end of section 6.1 INDEMNIFICATION

2. Modification to the address listed in Section 6.2.18 Cancellation and Expiration Notice

3. Modification to Procurement Code Reference in Section 6.25 Access to and Retention of Records for the Purpose of Audit and/or Other Review

4. Addition of Forced Labor Language as Section 6.43
Please see below for the revisions:

Additional Language:

Notwithstanding anything to the contrary in the Agreement, Aero shall not be liable for any claim, loss, or liability of any kind whatsoever ( collectively, "claims") arising from the County requesting or permitting assigned employees of Aero or its associate vendors (i.e., subcontractors) to use any vehicle (including but not limited to automobiles, buses, trucks, forklifts, and powered industrial vehicles) regardless of ownership, in connection with the performance of services for the County.

The County shall indemnify and hold harmless Aero and any involved associate vendor with respect to all such claims, except Workers' Compensation claims.

Notwithstanding anything to the contrary, Contractor shall not be liable for the acts or omissions of the assigned employees of Aero or its associate vendors (i.e., subcontractors) while under the direction, control, or supervision of County.

Current Language:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor's insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County . Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring . Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue 320 West LiB:cola Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.

Modified Language:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor's insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, SERIAL 16111-RFP
canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 301 West Jefferson St. Suite 700 160 South 4
th A,,eooe 320 West LiBeoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.

Current Language:

In accordance with section MCl-373 MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.

Modified Language:

In accordance with section MCl-372 MCI 373 MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.

Additional Language:

FORCED LABOR

1.1.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions.

1.1.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use:

1.1.2.1 1.1.2.2

1.1.2.3 The forced labor of ethnic Uyghurs in the People's Repub lie of China.

Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

1.1.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180 day period, the agreement terminates on the agreement termination date.

ALL OTHER TERMS AND CONDITION REMAIN UNCHANGED
IN WITNESS WHEREOF, this Contract Amendment is executed on the date set forth below when executed by Maricopa County Office of Procurement Services.

Sean Trimble/ Chief Operating Officer
Printed Name and Title
39209 W. Six Mile Road Suite 250 Livonia, MI 48152
Address
January 6, 2023
Date
MARICOPA COUNTY:
1tfUChief Procurement Officer
SERIAL 16111-RFP
Date
Chief Procurement Officer
160 South 4th Avenue
Phoenix, AZ 85003
Phone: (602) 506-3967
Fax: (602) 506-6766
Maricopa County
Office of Procurement Services
www.maricopa.gov
March 10, 2022
ACRO Service Corporation
39209 W. Six Mile Rd. Suite 250
Livonia, MI 48152
We are pleased to notify you that Maricopa County has renewed your contract to supply the STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS as indicated on the attached award sheet with an effective date of January 1, 2024.

In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award, which will include deliveries and terms.

If you have any questions regarding Serial-16111-RFP, please contact Robert Namor at (602) 506-8707.

Sincerely,

Robert Namor, Procurement Officer
Office of Procurement Services
RN/yy
Attachments
cc: Office of Procurement Services
re: Serial-16111-RFP
SERIAL 16111-RFP STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Contract - ACRO Service Corporation
DATE OF LAST REVISION: January 24, 2022 CONTRACT END DATE: December 31, 2025 CONTRACT PERIOD THROUGH DECEMBER 31, 2019, 2021 2023 2025 TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for STAFFING SERVICES AND RELATED SERVICES AND SOLUTIONS Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on November 16, 2016 (Eff. 01/01/17).

RN/mm
Attach
Copy to: Office of Procurement Services
Darrien Ellison, Human Resources
(Please remove Serial 11143-RFP from your contract notebooks) ~1'
Kevin Tyne, C~ eruOffi:er
Office of Procmement Semce s

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 15, 2023
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Pacific Gas & Electric (PG&E) Better Together Giving Program Contribution RECOMMENDATION:

1. Adopt a Resolution Accepting Pacific Gas & Electric Company’s Better Together Giving Program charitable donation of $3,000.

2. Adopt a Resolution Amending the City’s Fiscal Year 2023/24 Budget approving a related expenditure line item relating to the appropriation of PG&E’s $3,000 charitable donation amount.

SUMMARY:

The City recently received a charitable donation of $3,000 from PG&E’s Better Together Giving Program. Staff recommends appropriating the funds in the City’s Fiscal Year 2023/24 Budget to allow for expenditure. More specifically, staff recommends allocating the funds to the City’s Winter Wonderland holiday event scheduled for December 15, 2023.

DISCUSSION:

On September 11, 2023, PG&E contacted the City to donate $3,000 for a holiday event. The charitable funding is being made possible through PG&E’s Better Together Giving Program.

The Better Together Giving Program is funded by both PG&E and the PG&E Corporation Foundation, an independent 501(c)3 non-profit foundation.

The City submitted A Better Together Giving Program application on September 12, 2023. At the time of application, staff indicated that the funds would go towards the City’s annual Winter Wonderland, hosted the same evening as the Jolly Trolley event. PG&E has since informed the City that it was selected and will receive a $3,000 charitable donation.

B-11
The Winter Wonderland event is a festive community event to celebrate the holiday season. The event aims to bring people together to enjoy various holiday-themed activities, spread joy and goodwill, and create a sense of togetherness within the community. In the past, the event has consisted of craft activities and games for attendees, refreshments and dinner, and a photoshoot opportunity with festive characters such as the Grinch and Santa Claus.

With additional funding possible, the City would like to enhance the Winter Wonderland activities that will allow attendees to leave the event with a worthwhile takeaway and memorabilia. With additional funding, staff anticipates adding holiday craft stations such as ornament decorating, a holiday photoshoot opportunity for attendees with a printed photograph, holiday-themed games, raffle prizes, and giveaways. The event is free of charge to the community.

FINANCIAL IMPACT:

The annual Winter Wonderland event as an expense is captured in the Parks & Community Services Department #10206270 budget. This Fiscal Year 2023/24, Council budgeted $1,500 for the Winter Wonderland event materials and supplies.

A budget amendment is proposed to recognize the corresponding donation as revenue received and appropriate the $3,000 into the #10206270-6532 expense line.

ALTERNATIVES:

The Council may elect not to accept PG&E’s Better Together Giving Program charitable donation of $3,000, at which point the City may have to revert funds back to PG&E, or request amending the application for another event, as allowable and permissible by PG&E.

ATTACHMENTS:

1. Resolution – Accepting Charitable Donation Amount of $3,000 By PG&E

2. Resolution – Budget Adjustment
a. Exhibit A – Budget Adjustment
ATTACHMENT 1
Resolution – Accepting Charitable Donation Amount of $3,000 By PG&E RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ACCEPTING $3,000 IN CHARITABLE DONATION FUNDS FROM PACIFIC GAS & ELECTRIC COMPANY’S BETTER TOGETHER GIVING

PROGRAM
WHEREAS, Pacific Gas & Electric Company made available $3,000 in charitable donation funds available to the City; and
WHEREAS, the charitable donation is made possible through Pacific Gas & Electric Company’s Better Together Giving Program; and
WHEREAS, the Better Together Giving Program is funded by both PG&E Company itself, and by the PG&E Corporation Foundation, an independent 501(c)3 non-profit foundation; and WHEREAS, the $3,000 charitable donation is to be used for a holiday event; and WHEREAS, the City’s annual Winter Wonderland 2023 event will be the beneficiary, as funds will be used to augment and enhance the festive event to celebrate the holiday season.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The charitable donation provided by Pacific Gas & Electric Company of $3,000 is accepted.

3. This resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 2:

Resolution – Budget Adjustment
RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2023/24 BUDGET APPROVING

RELATED EXPENDITURE LINE ITEM RELATED TO THE PG&E CHARITABLE DONATION OF $3,000
WHEREAS, the City Council previously adopted a City-wide Budget for 2023/24 Fiscal Year; and
WHEREAS, the City of Madera has received a charitable donation of $3,000; and
WHEREAS, the charitable donation is from Pacific Gas & Electric Company’s Better Together Giving Program; and
WHEREAS, the charitable donation will be used for the Winter Wonderland 2023 holiday event.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA finds, orders, and resolves as follows:

4. The above recitals are true and correct.

5. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

6. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

7. This Resolution is effective immediately upon adoption. * * * * * * * *

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
General Fund / Special Events 10206270 6532 Maintenance/Other Supplies 3,000 $ - $ 3,000 $ -

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 23-______
Budget Adjustments for Fiscal Year 2023/24
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 15, 2023
Agenda Number: B-12
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Playground Equipment and Park Amenities Installation at McNally Park RECOMMENDATION:

Staff recommends that the City Council approve Minute Order Approving:

1. Acceptance of the Playground and Park Amenities Installation at McNally Park located at 825 A Street, Madera, CA 93638.

2. The Recording of Notice of Completion.

3. The release of retention 35 days after the recording of the Notice of Completion.

SUMMARY:

On May 3, 2023, the City Council approved a cooperative purchase agreement with Superior International Industries (Superior) for playground equipment for McNally Park for $244,508.42.

The agreement was to replace playground equipment, fencing, and other park amenities.

DISCUSSION:

Staff determined that a cooperative purchase agreement represented the most advantageous purchasing strategy for procuring park amenities and improvement plans. Not utilizing a cooperative purchase agreement would have substantially extended the procurement process and lead times.

On March 6, 2023, the City released a request for quotes using the cooperative agreement process on CompareCoops.com, a website that caters to vendors that exclusively have cooperative contracts. Quote solicitations closed on March 24, 2023, with two quotes received.

After review and further assessment, one quote was considered incomplete as it only quoted the playground equipment items and did not quote the various additional park amenities. The second quote, from Superior, showed the the bidder's responsibility and responsiveness in the amount of $213,123.18. In the released request for quotes, staff included the removal and installation of new fencing. Due to time constraints and advancement in the procurement process, staff recommended Superior, understanding that the fencing may need to be bid out if Superior could not provide the service.

On May 3, 2023, Superior confirmed they could provide the fencing an updated quote for the fencing demolition and installation. The quote for all services needed totaled $244,508.42.

Since then, Superior has performed the demolition services of the existing playground equipment at McNally Park, the demolition of the existing safety perimeter fencing around the playground equipment, and the removal of the existing park amenities. Park amenities removed included picnic tables, grills, trash cans, water fountains, and benches.

McNally Park has been upgraded with new playground equipment, that includes a toddler lot for ages 2-5 years old, a lot for kids ages 5-12, as well as new swing sets. The playground area also has brand-new safety perimeter fencing. In addition, the park has:
 4 new benches
 13 new picnic tables
 2 new water fountains with ADA and pet accessibility
 7 new double grills
 12 new thermoplastic 32-gallon trash cans
A final inspection was conducted on October 17, 2023, by a third-party Certified Playground Safety Inspector (CSPI). All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded.

FINANCIAL IMPACT:

The improvements to McNally Park were made possible by the Community Development Block Grant (CDBG) funds of $609,307 awarded in 2022. The CDBG application the City submitted for McNally Park included two phases. Phase 1 would address replacing the existing playground structures and replacing them with new ones, as well as new park amenities that included picnic tables, fountains, trash bins, & benches. Phase 2 includes redesigning and reconstructing two basketball courts at the park. City staff is working with O’Dell Engineering for the design services and construction bid documents preparation for the completion of this phase. Services through O’Dell Engineering are being made possible through the citywide engineering consultant services noted in Resolution 22-178, approved October 19, 2022.

Adequate funds were appropriated in the current fiscal year budget to cover expenses for the McNally Park improvement project. The cost was budgeted in #1021-8020-7040-MCNAL. The final project cost to be paid to Superior is $239,244.92, which includes a savings of $5,263.50 from the initial agreement total of $244,508.42, as an additional discount was added after the bid had been accepted. The savings have been used towards the additional McNally Park improvements and safety inspection costs as part of the CDBG related funding goals.

Table 1: CDBG Award of $609,307 for McNally Park Improvements Expenditure Phase 1 – Playground and Park Amenities Costs Amount
Superior International Industries $239,244.92
Certified Playground Safety Inspection $1,800
Landscaping, Concrete Bordering for Playground & Park $6,912.36 Total Costs of Phase 1: $247,957.28
Phase 2 – Basketball Redesign and Reconstruction Amount O’Dell Engineering – Task Order $39,500
Total Cost of Phase 2 To Date: $39,500
Total Cost of Phase 1 & 2 To Date $287,457.28
CDBG Award $609,307
Balance $321,849.72
The $321,849.72 balance of CDBG funding will be utilized for the actual reconstruction of the basketballs, estimated to use the entirety of the balance.

ALTERNATIVES:

As an alternative, the Council may elect to reject the Notice of Completion with due cause.

Rejection of the notice would result in the staff’s inability to release retention funds until addressing Council concerns.

ATTACHMENTS:

1. Notice of Completion

2. Certificate of Compliance for Playground Ages 2-5

3. Certificate of Compliance for Playground Ages 5-12

4. Photos of Playground Equipment Before and After Installed

5. Photos of Park Amenities Before and After Installed
ATTACHMENT 1
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4
th Street
Madera, CA 93637
_________________________________________ Space above this line for Recorder’s Use ______________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee ____________________________________________ (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
______________________________________ ___________________________________________

6. A work of improvement on the property hereinafter described was completed on

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.)

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
______________________________________ ___________________________________________

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Joseph Hebert
Parks & Community Services Director
________________________________________________
Public Construction
N/A
10/17/2023
Superior International Industries
N/A
McNally Park located at 825 A Street, Madera, CA 93638
See #9

Page 2 of 2 ends

State of California
County of Madera
Joseph Hebert, being duly sworn says: He is the City of Madera Parks & Community Services Director, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Joseph Hebert
Parks & Community Services Director
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2023 by Joseph Hebert, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 2
Certificate of Compliance for Playground Ages 2-5

This certifies that
complies with the
ASTM 1487-21 Standard Consumer Safety Performance Specification For Playground Equipment for Public Use
B SAFE Playground Inspection Services, inc.
10349 Ormond Street
Sunland, CA 91040
Christopher Tait, Inspector
Certified Playground Safety Inspector #50513-032
Certified by National Recreation and Park Association
Signature Date
Chris _ ... Tait 10/23/23 w/Bunce
Madera, CA
McNally Park
2-5 Playground
ATTACHMENT 3
Certificate of Compliance for Playground Ages 5-12

This certifies that
complies with the
ASTM 1487-21 Standard Consumer Safety Performance Specification For Playground Equipment for Public Use
B SAFE Playground Inspection Services, inc.
10349 Ormond Street
Sunland, CA 91040
Christopher Tait, Inspector
Certified Playground Safety Inspector #50513-032
Certified by National Recreation and Park Association
Signature Date
Chris _ ... Tait 10/23/23 w/Bunce
Madera, CA
McNally Park
5-12 Playground
ATTACHMENT 4
Photos of Playground Equipment Before and After Installed

Before:

After:

ATTACHMENT 5
Photos of Park Amenities Before and After Installed
Before:

After:

Facility Rental Fee Waiver Request by the Madera County Master Gardeners RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Frank Bergon Senior Center related to the Madera County Master Gardeners request for utilization on January 27, 2024, in the amount of $545
SUMMARY:

The Madera County Master Gardeners (MCMG) is requesting that the City waive rental fees for the use of the Frank Bergon Senior Center (FBSC) on January 27, 2024, from 8 a.m. – 4 p.m., to host their annual Tea Party fundraising event.

DISCUSSION:

As current president of the MCMG, Ms. Candy Talley submitted a written letter requesting the waiver of fees for the FBSC. The waiver requested utilization of the FBSC for an annual Tea Party.

The event would be Saturday, January 27, 2024 from 8 a.m. – 4 p.m. Specifically, this request is to utilize the Multi-Purpose Room at the FBSC.

The MCMG’s mission includes enriching our community through education and promoting the value of horticulture. As part of the community education the group provides, they developed and maintain a 2-acre demonstration garden known as the 3 Sisters Garden at Madera Community College. The garden is open to the public.

Most recently, the MCMG collaborated with the City’s Parks & Community Services Department in the Aging Expo hosted on October 5, 2023. Also, on August 30, 2023, the MCMG provided its B-13
first gardening-related workshop at the FBSC. The plans are for MCMG to provide these gardening-related workshops quarterly at the FBSC. This latter program is provided at no cost to the City and to the seniors who participate.

It should be noted that the rental of the FBSC is subject to confirmation of insurance requirements by the City and must be obtained before the event date.

As City staff conforms to a more strategic plan for the rental of facilities and streamlines requests for waivers through Council, it should be noted that historically the MCMG has held its annual Tea Party at the FBSC, having fees waived. Staff recommends accepting the fee waiver request once again, due to the historical partnership with the MCMG and the continued partnership MCMG plans to continue with the City, specifically with the Parks & Community Services Department.

FINANCIAL IMPACT:

MCMG is requesting to use the FBSC, Multi-Purpose Room. The applicable costs associated with the rental of the FBSC Multi-Purpose Room, on a full-day basis, are summarized in Table 1. Staff would like to note that apart from the routine rental costs to consider, an additional financial impact comes at the cost of City staff being present at this facility rental. For this event, 1 staff member at approximately 10 hours to cover event setup, event duration, and event clean up would incur a cost of $155 (10 hours x $15.50 hourly rate = $155).

Table 1: Financial Impact to the City
Administrative Fee $25
Weekend, Full-Day Rental $400
Deposit $100
Early Entry/Late Fee $20
Facility Aid Staff Coverage $155
Total $700
It is noted that at the time of this report, the FBSC was not reserved for the requested date, nor had the City received inquiries.

ALTERNATIVES:

1. Council may elect to reject the fee waiver and require the MCMG to pay any associated fees for the rental of the Frank Bergon Senior Center on the date being requested.

2. Council may request additional information be brought forth at the next Council meeting for further consideration.

ATTACHMENTS:

1. Resolution – Waiving Rental Fees for Frank Bergon Senior Center Related to the Madera County Master Gardeners

2. Parks & Community Services Facility Rental Fee Schedule

3. Request Letter Authored by Candy Talley, President, Madera County Master Gardeners

ATTACHMENT 1
Resolution – Waiving Rental Fees for Frank Bergon Senior Center Related to the Madera County Master Gardeners
RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING RENTAL FEES FOR FRANK BERGON SENIOR CENTER

RELATED TO THE MADERA COUNTY MASTER GARDENERS
WHEREAS, the Madera County Master Gardeners (MCMG) has submitted a written request for waiving of fees for the Frank Bergon Senior Center (FBSC); and WHEREAS, the date being requested is Saturday, January 27, 2024, from 8 a.m. to 4 p.m.; and
WHEREAS, the MCMG plans to utilize the facility for their annual Tea Party fundraising event; and
WHEREAS, the fees for the weekend, and full-day rental of the FBSC multi-purpose room total $545.00; and
WHEREAS, the event organizers are still subject to providing insurance documentation that meets City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Council finds that the waiver of fees as set forth in this resolution is appropriate. The mission of the MCMG is to enrich the community through education and promoting the value of horticulture. As part this community education, MCMG has developed and maintain a two acre demonstration garden, The 3 Sisters Garden, on the campus of the Madera Community College that is open and available to the public. To support the garden, MCMG established a non-profit foundation, Friends of 3 Sisters, which is funded by the Tea Party event. The event directly contributes to the 3 Sisters Garden for the benefit of the community.

Additionally, MCMG has a history of working closely with the City to provide community benefits, and will be providing aging services for garden-related workshops on a quarterly basis. A valid public purpose is served by the waiver of fees for the Tea Party event, as it directly benefits the community by providing activities for all members of the community (including seniors), promotes education, encourages healthy mental and physical lifestyles, and serves to beautify the community.

3. The City Council does hereby waive the City fees requested by the Madera County Master Gardeners for Rental Fees of the Frank Bergon Senior Center on January 27, 2024, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 2:

Parks & Community Services Facility Rental Fee Schedule Deposit
Admin. (NonRefundable)
Min. Rental
Charge
(Note 1)
Hourly
Rental
Full Day
Rental
Min.

Rental
Charge
(Note 1)
Hourly
Rental
Full Day
Rental
General
(Note 2)
Early Entry
or Late
Fee/Hour
Alcohol
Surcharge
Centennial Park Swimming Pool Complex (1-100 people) 25.00$ 240.00$ 60.00$ N/A 240.00$ 60.00$ N/A 100.00$ 20.00$ Centennial Park Swimming Pool Complex (101-150 people) 25.00$ 320.00$ 80.00$ N/A 320.00$ 85.00$ N/A 100.00$ 20.00$ Centennial Park Swimming Pool Complex (151-200 people) 25.00$ 420.00$ 105.00$ N/A 420.00$ 105.00$ N/A 100.00$ 20.00$ Centennial Park Swimming Pool Complex (201-250 people) 25.00$ 540.00$ 135.00$ N/A 540.00$ 130.00$ N/A 100.00$ 20.00$ Frank A. Bergon Computer Lab 25.00$ 50.00$ 25.00$ 125.00$ 50.00$ 25.00$ 125.00$ 100.00$ 20.00$ Frank A. Bergon Multi-Purpose Room 25.00$ 150.00$ 75.00$ 400.00$ 150.00$ 75.00$ 400.00$ 100.00$ 20.00$ Frank A. Bergon Kitchen (Not Rented Independently) 30.00$ 10.00$ 40.00$ 30.00$ 10.00$ 40.00$ 50.00$ Lions Town & Country Park Pavilion 25.00$ 37.50$ 12.50$ 55.00$ 60.00$ 20.00$ 115.00$ 50.00$ 20.00$ Lions Town & Country Park Picnic Shelter 1 25.00$ 20.00$ 5.00$ 35.00$ 30.00$ 7.50$ 50.00$ 50.00$ 20.00$ Lions Town & Country Park Picnic Shelter 2 25.00$ 20.00$ 5.00$ 35.00$ 30.00$ 7.50$ 50.00$ 50.00$ 20.00$ Lions Town & Country Park Redwood Area 25.00$ 20.00$ 5.00$ 35.00$ 30.00$ 7.50$ 50.00$ 50.00$ 20.00$ Lions Town & Country Park Walking Track 25.00$ 50.00$ 7.50$ 75.00$ 100.00$ 15.00$ 150.00$ 50.00$ Lions Town & Country Park Amphitheater (4 hr. Min) 25.00$ 100.00$ 25.00$ 175.00$ 120.00$ 30.00$ 200.00$ 100.00$ 20.00$ Lions Town & Country Park Ball Fields 1-9 (2 hr. Min.) 25.00$ 25.00$ 12.50$ 100.00$ 25.00$ 12.50$ 100.00$ 50.00$ 20.00$ Lions Town & Country Park Ball Fields 1-9 Lights 20.00$ 20.00$ Lions Town & Country Park Ball Fields 1-9 Field Preparation 45.00$ 45.00$ Lions Town & Country Park Ball Fields 1-9 Bi-Weekly Field Prep. 150.00$ 150.00$ Boy Scouts' One Week Camp 25.00$ 175.00$ 175.00$ 50.00$ Emergency Services Staging Area 25.00$ $400 to $1000 $400 to $1000 $ 50.00 McNally Park Picnic Shelter 1 25.00$ 20.00$ 5.00$ 35.00$ 30.00$ 7.50$ 50.00$ 50.00$ 20.00$ McNally Park Basketball Courts 25.00$ 20.00$ 5.00$ 35.00$ 40.00$ 10.00$ 70.00$ 50.00$ Mexican American Multi-Purpose Room 1 25.00$ 81.00$ 27.00$ 100.00$ 81.00$ 27.00$ 100.00$ 50.00$ 20.00$ Mexican American Multi-Purpose Room 2 25.00$ 81.00$ 27.00$ 100.00$ 81.00$ 27.00$ 100.00$ 50.00$ 20.00$ Millview Kitchen 25.00$ 105.00$ 35.00$ 250.00$ 105.00$ 35.00$ 250.00$ 200.00$ 20.00$ Millview Gym 25.00$ 105.00$ 35.00$ 250.00$ 75.00$ 25.00$ 250.00$ 200.00$ 20.00$ Pan American Gym w/out alcohol 25.00$ 330.00$ 110.00$ 600.00$ 330.00$ 110.00$ 600.00$ 200.00$ 20.00$ Pan American Gym with alcohol 26.00$ 330.00$ 110.00$ 600.00$ 330.00$ 110.00$ 600.00$ 500.00$ 20.00$ 250.00$ Pan American Multi-Purpose Room w/out alcohol 25.00$ 150.00$ 50.00$ 200.00$ 150.00$ 50.00$ 200.00$ 100.00$ 20.00$ Pan American Multi-Purpose Room with alcohol 25.00$ 150.00$ 50.00$ 200.00$ 150.00$ 50.00$ 200.00$ 250.00$ 20.00$ 250.00$ Pan American Kitchen (not rented independently) 75.00$ 25.00$ 135.00$ 75.00$ 25.00$ 135.00$ Pan American Small Kitchen (not rented independently) 30.00$ 10.00$ 40.00$ 30.00$ 10.00$ 40.00$ Pan American Computer Lab 25.00$ 60.00$ 20.00$ 100.00$ 60.00$ 20.00$ 100.00$ 100.00$ 20.00$ Pan American Picnic Shelter 1 (Park Shelter) 25.00$ 20.00$ 5.00$ 35.00$ 30.00$ 7.50$ 50.00$ 50.00$ 20.00$ Administrative
Fees
Weekday (Excluding Holidays) Weekends and Holidays Miscellaneous

FACILITY RENTALS
Parks and Community Services Fees
63 ATTACHMENT 3:

Request Letter Authored by Candy Talley, President, Madera County Master Gardeners Friends of Three Sisters Garden
623 Park Lane
Madera, CA 93637
Friends of Three Sisters Garden is a 501(c)(3) non-profit organization.

Our mission is to enrich our community through education and promoting the value of horticulture in our lives.

October 10, 2023
To whom it may concern,
My name is Candy Talley and I am the current president of the Madera County Master Gardeners. As Master Gardeners, our mission is to enrich our community through education and promoting the value of horticulture in our lives. As part our community education, we have developed and maintain a two acre demonstration garden, The 3 Sisters Garden, on the campus of the Madera Community College that is open and available to the public.

To support our garden, we established a foundation, Friends of 3 Sisters. The Friends of 3 Sisters is a 501 (c)(3)- Tax ID 27-3979073 non-profit. To fund the foundation, we have two fundraisers, our Tea Party in January and Glorious Garden Tour in April. In the past, we have held our annual Tea Party at the Bergon Center, and the rental fee has been waived. We are requesting the fee be waived for our Tea Party on Sat. January, 27, 2024 from 8 to 4. We are requesting the fee be waived so that the money we would have to pay towards rental can go towards maintenance and continued development of The 3 Sisters Garden for the benefit of our community.

In addition, this year we are collaborating with Madera Parks and Recreation Aging Services to provide a garden related workshop quarterly. Our first workshop was held on August 30 at the Bergon Center. We participated in the First Annual Aging Expo on October 5, 2023 and look forward to continued involvement.

Thank you for your consideration,
Candy Talley

Madera Elk’s Lodge Hoop Shoot Event Fee Waiver Request
RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center related to the Madera Elk’s Lodge Hoop Shoot request for utilization on December 2, 2023, in the amount of $540 SUMMARY:

The Madera Elk’s Lodge Hoop Shoot Committee is requesting that the City waive rental fees for the use of the John Wells Youth Center (JWYC) on Saturday, December 2,2023 from 9 a.m. – 1:00 p.m., to host their annual Hoop Shoot competition.

DISCUSSION:

As current Hoop Shoot Committee Chair, Ms. Cynthia Armiento has submitted a written letter requesting the waiver of fees for the JWYC, specifically the Gym area. The waiver requested utilization of the JWYC Gym for an annual basketball free throw contest. The event will be Saturday, December 2, 2023, from 9 a.m. – 1 p.m.

The event is overseen by the Madera Elks Lodge, as they are the sponsoring agency. The event has taken place at Matilda Torres High School in the past years. Due to the high demand for usage of the high school, the Hoop Shoot Committee reserved the JWYC Gym area and is requesting a fee waiver to cover expenses. The event is geared for children aged 8 to 13 in Madera and is a public event, free of charge.

Per the letter request from Ms. Armiento, the event is intended to promote inclusivity and encourage participation among individuals from diverse backgrounds. With the event being free B-14
to the public, this removes the financial barrier that most otherwise would have prevented children from getting involved in sports-related events. Ms. Armiento also references the event as fostering a sense of community and providing equal opportunities for individuals to develop their basketball abilities and gain confidence.

The Madera Elk’s Lodge has been informed the event must still abide by all rental insurance requirements and public event requirements.

FINANCIAL IMPACT:

The applicable costs associated with the rental of the JWYC Gym, on a full-day basis, are summarized in Table 1. Staff would like to note that apart from the routine rental costs to consider, an additional financial impact comes at the cost of City staff being present at this facility rental. For this event, 1 staff member at approximately 6 hours to cover event setup, event duration, and event clean up would incur a cost of $93 (6 hours x $15.50 hourly rate = $93).

Table 1: Financial Impact to the City
Administrative Fee $25
Weekend, Full-Day Rental $295
Deposit $200
Early Entry/Late Fee $20
Facility Aid Staff Coverage $93
Total $633
It is noted that the JWYC is already open on Saturdays during this timeframe for youth-related programming. The event would not interfere with regular programming and would encourage any youth visiting the JYWC to participate in the Hoop Shoot event.

ALTERNATIVES:

1. Council may elect to reject the fee waiver and require the Madera Elk’s Lodge to pay any associated fees for the rental of the John Wells Youth Center on the date being requested.

2. Council may request additional information be brought forth at the next Council meeting for further consideration.

ATTACHMENTS:

1. Resolution – Waiving Rental Fees for John Wells Youth Center Related to the Madera Elk’s Lodge Hoop Shoot Event

2. Parks & Community Services Facility Rental Fee Schedule

3. Request Letter Authored by Cynthia Armiento, President, Hoop Shoot Committee Chair ATTACHMENT 1
Resolution – Waiving Rental Fees for John Wells Youth Center Related to the Madera Elk’s Lodge Hoop Shoot Event
RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING RENTAL FEES FOR JOHN WELLS YOUTH CENTER RELATED TO THE MADERA ELK’S LODGE HOOP SHOOT COMMITTEE
WHEREAS, the Madera Elk’s Lodge Hoop Shoot Committee has submitted a written request for waiving of fees for the John Wells Youth Center (JWYC) Gym; and WHEREAS, the date being requested is Saturday, December 2, 2023 from 9 a.m. to 1 p.m.; and
WHEREAS, the Madera Elk’s Lodge Hoop Shoot Committee plans to utilize the facility for their annual Hoop Shoot event; and
WHEREAS, the fees for the weekend and full-day rental of the JWYC Gym total $540; and WHEREAS, the event organizers are still subject to providing insurance documentation that meets City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera Elk’s Lodge is a non-profit organization within the City of Madera, and the “Hoop Shoot” event is held within the City and directly benefits the community by providing activities for youth, encouraging physical fitness, and promoting sportsmanship and cooperation.

3. The City Council does hereby waive the City fees requested by the Madera Elk’s Lodge for Rental Fees of the John Wells Youth Center on December 2, 2023, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * * *
ATTACHMENT 2:

Parks & Community Services Facility Rental Fee Schedule Deposit
Admin. (NonRefundable)
Min. Rental
Charge
(Note 1)
Hourly
Rental
Full Day
Rental
Min.

Rental
Charge
(Note 1)
Hourly
Rental
Full Day
Rental
General
(Note 2)
Early Entry
or Late
Fee/Hour
Alcohol
Surcharge
Rotary Park Pavilion w/out alcohol 25.00$ 37.50$ 12.50$ 55.00$ 60.00$ 20.00$ 115.00$ 50.00$ 20.00$ Rotary Park Pavilion with alcohol 26.00$ 37.50$ 12.50$ 55.00$ 60.00$ 20.00$ 115.00$ 200.00$ 20.00$ 150.00$ Rotary Park Picnic Shelter 1 25.00$ 40.00$ 10.00$ 75.00$ 50.00$ 15.00$ 90.00$ 50.00$ 20.00$ Rotary Park Picnic Shelter 2 25.00$ 40.00$ 10.00$ 75.00$ 50.00$ 15.00$ 90.00$ 50.00$ 20.00$ Rotary Park Picnic Shelter 3 25.00$ 40.00$ 10.00$ 75.00$ 50.00$ 15.00$ 90.00$ 50.00$ 20.00$ Rotary Park Walking Track 25.00$ 60.00$ 15.00$ 85.00$ 100.00$ 15.00$ 150.00$ 50.00$ Rotary Park Skate Park 25.00$ 165.00$ 50.00$ 315.00$ 165.00$ 50.00$ 315.00$ 50.00$ 20.00$ Rotary Youth Hut Multi-Purpose Room 25.00$ 120.00$ 40.00$ 180.00$ 120.00$ 40.00$ 180.00$ 50.00$ 20.00$ Sunrise Rotary Sports Comp. Pavilion 25.00$ 37.50$ 12.50$ 55.00$ 60.00$ 20.00$ 115.00$ 50.00$ 20.00$ Sunrise Rotary Sports Comp. Softball Fields 1 & 2 (2 hr. min.) 25.00$ 25.00$ 12.50$ 90.00$ 25.00$ 12.50$ 90.00$ 50.00$ 20.00$ Sunrise Rotary Sports Comp. Softball Fields 1 & 2 Lights 20.00$ 20.00$ Sunrise Rotary Sports Comp. Softball Fields 1 & 2 Field Prep. 45.00$ 45.00$ Sunrise Rotary Sports Comp. Softball Fields 1 & 2 Bi-Weekly Field Prep. 150.00$ 150.00$ Sunrise Rotary Sports Comp. Soccer Field (2 hr. min.) 25.00$ 25.00$ 12.50$ 90.00$ 25.00$ 12.50$ 90.00$ 50.00$ 20.00$ Sunrise Rotary Sports Comp. Soccer Field Lights 20.00$ 20.00$ Sunrise Rotary Sports Comp. Soccer Field Prep. 50.00$ 50.00$ Sunrise Rotary Sports Comp. Soccer Field Bi-Weekly Prep. 150.00$ 150.00$ Wells Youth Center Conference Room 1st Floor 25.00$ 60.00$ 20.00$ 100.00$ 100.00$ 20.00$ Wells Youth Center Conference Room 2nd Floor 25.00$ 60.00$ 20.00$ 100.00$ 100.00$ 20.00$ Wells Youth Center Computer Lab 25.00$ 150.00$ 75.00$ 300.00$ 75.00$ 150.00$ 300.00$ 100.00$ 20.00$ Wells Youth Center Multi-Purpose Room (Rec Room) 25.00$ 120.00$ 40.00$ 235.00$ 120.00$ 40.00$ 235.00$ 100.00$ 20.00$ Wells Youth Center Multi-Purpose Room (Teen Lounge) 25.00$ 120.00$ 40.00$ 235.00$ 120.00$ 40.00$ 235.00$ 100.00$ 20.00$ Wells Youth Center Multi-Purpose Room (Crafts) 25.00$ 120.00$ 40.00$ 235.00$ 120.00$ 40.00$ 235.00$ 100.00$ 20.00$ Wells Youth Center Gym 25.00$ 150.00$ 50.00$ 295.00$ 150.00$ 50.00$ 295.00$ 200.00$ 20.00$ Wells Youth Center Patio 25.00$ 40.00$ 20.00$ 70.00$ 40.00$ 20.00$ 70.00$ 100.00$ 20.00$ Wells Youth Center Dance Studio 25.00$ 90.00$ 30.00$ 100.00$ 90.00$ 30.00$ 100.00$ 100.00$ 20.00$ Wells Youth Center Music Studio 25.00$ 195.00$ 65.00$ 195.00$ 65.00$ 500.00$ 20.00$

FACILITY RENTALS
Administrative
Fees
Weekday (Excluding Holidays) Weekends and Holidays Miscellaneous Parks and Community Services Fees
64 I
I
I
I
I
I
ATTACHMENT 3:

Request Letter Authored by Cynthia Armiento, President, Hoop Shoot Committee Chair Dear John C Wells Center,
I would like to start off by thanking your organization for approving our Madera Elks Hoop Shoot that will be taking place in your beautiful facility on Dec 2nd 2023. I am writing to bring your attention to Coach Villalobos' invaluable contribution to the Madera Elks Lodge's Hoop Shoot competition over the past few years. Mr. Villalobos has donated Torres High School as the venue for our Hoop Shoot Competition. Unfortunately, this year, Coach Villalobos was unable to secure Torres High School due to high demand. Therefore, we kindly request your facility to host the event. Additionally, we would greatly appreciate it if you could waive the facility fee considering the non-profit nature of the competition.

Waiving the fee for a basketball free throw contest holds significant importance as it promotes inclusivity and encourages participation among individuals from diverse backgrounds. By removing the financial barrier, more people, regardless of their economic status, can engage in the contest and showcase their skills. This not only fosters a sense of community but also provides equal opportunities for individuals to develop their basketball abilities and gain confidence. Moreover, waiving the fee can attract a larger pool of participants, leading to a more competitive and exciting event.

Overall, this gesture of waiving the fee promotes accessibility, fairness, and the spirit of sportsmanship, making the basketball free throw contest more enjoyable and beneficial for all involved. We sincerely appreciate your consideration.

Respectfully,
Cynthia Armiento
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 15, 2023
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consider an Amendment to the Professional Services Agreement with Fire Safety Solutions.

RECOMMENDATION:

That Council consider the following:

1. Adopt a resolution of the Council of the City of Madera approving a First Amendment to the Professional Services Agreement with Fire Safety Solutions, INC. for Building and Fire Plan Review and Inspection Services.

SUMMARY:

The City of Madera (City) and Fire Safety Solutions, INC (formerly Fire Safety Solutions, LLC). (Consultant) are parties to an effective Professional Services Agreement (Agreement) approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38.

On October 31, 2023, Fire Safety Solutions submitted a written request to the City of Madera (City) for certain amendments to the Agreement to effectuate an increase to the hourly rates, which are subject to annual revision pursuant to the terms of the Agreement.

Building Department staff have prepared the First Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions (First Amendment), included as Exhibit A to the Resolution attached to this report, in order to set forth and approve amendments to reflect an increase to the hourly rates in accordance with the terms of the Professional Services Agreement; as well as, to provide certain acknowledgements, clarifications and understandings with respect to the Professional Services Agreement.

B-15
BACKGROUND:

Amongst other provisions, the existing Professional Services Agreement (Article 2, Section 2.1) provides the hourly rates and estimated amount are subject to annual revision, effective January 1st of each year. The proposed flat hourly rate reflected in the First Amendment represents an increase from $80 per hour to $120 per hour.

As acknowledged within the letter from Fire Safety Solutions dated October 31, 2023, the original rate of $80/hr. has not changed since execution of the original Agreement in 2008. Given this fact and based upon the knowledge and quality of service demonstrated by the Consultant since execution of the original Agreement, it is staff’s opinion that the requested $120/hr. flat rate is both reasonable and fair when compared to contemporary industry standards. In addition, based on the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) Inflation Calculator, the requested rate is consistent with what would be a contemporary rate had an annual increase been applied to the original hourly rate year-over-year since execution of the Agreement. The First Amendment proposes to amend the frequency of invoicing from a monthly to a bi-weekly basis.

Incidentally, the original Agreement did not include a sunset clause or length of term relative to an expiration date, number of effective years, or not-to-exceed compensation limitation.

Therefore, the First Amendment also includes a proposed term/expiration date of January 1, 2025, for the Agreement.

Section 6.7 of the Agreement allows City and Fire Safety Solutions to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties. Staff have negotiated the revised terms presented in the First Amendment, to which staff understand the Consultant is agreeable.

Workload volumes and staff resources require supplemental contracted consultant services in order to meet customer and industry expectations and timeliness for delivery of Building Department plan review and inspection services. Fire Safety Solutions has performed its duties and scope of services in an exemplary manner and has invested time and effort in building a positive reputation and rapport with the City of Madera’s customers. Staff recommends the Council approve the proposed First Amendment in accordance with the terms and spirit of the provisions of the original agreement. Such approval will help the City ensure Building Department services may continue to be provided in a qualitative manner for its customers.

FINANCIAL IMPACT:

There is no fiscal impact associated with the recommended action. Utilization of professional contracted services was anticipated and budgeted by the Building Department in the approved City of Madera 2023/24 Fiscal Year budget.

ALTERNATIVES:

The Council may propose any such alternative terms or provisions in its motion; or, may elect to continue the item (to a future time and date certain) and/or refer the item back to staff, with further direction or requests for additional information, negotiations, or amendments.

ATTACHMENTS:

1. Resolution approving a First Amendment to the Professional Services Agreement with Fire Safety Solutions, INC. for Building and Fire Plan Review and Inspection Service; including:

Exhibit A: First Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions

2. Original Professional Services Agreement by and between the City of Madera and Fire Safety Solutions.

ATTACHMENT 1
Resolution approving a First Amendment to the Professional Services Agreement with Fire Safety Solutions, INC. for Building and Fire Plan Review and Inspection Service;
Including:

Exhibit A – First Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions
RESOLUTION NO. ______

A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FIRE SAFETY SOLUTIONS, INC. FOR BUILDING AND FIRE PLAN REVIEW AND INSPECTION SERVICES.

WHEREAS, the City of Madera is committed to protecting public health, safety, welfare and environment, and as such, desires to provide professional fire and building plan review and inspection services; and
WHEREAS, existing staff persons are not available to provide the full range of services necessary to perform all duties related to professional fire and building plan review and inspection services; and
WHEREAS, the City of Madera (the “City”) and Fire Safety Solutions, INC (formerly Fire Safety Solutions, LLC). (the “Consultant”) are parties to that certain Professional Services Agreement, approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38, and subsequently executed (the “Professional Services Agreement”); and
WHEREAS, the provisions of the Professional Services Agreement allow City and the Consultant to effectuate modifications or amendments to the Professional Services Agreement only by a subsequent written agreement signed by both parties; and WHEREAS, the City and Consultant desire to enter into a First Amendment to the Professional Services Agreement (the “First Amendment”) in order to set forth and approve amendments to enact an increase to the hourly rates in accordance with the terms of the Professional Services Agreement as well as provide certain acknowledgements, clarifications and understandings with respect to the Professional Services Agreement; and WHEREAS, approval of the First Amendment to the Professional Services Agreement by and between the City and Consultant would continue to ensure City availability to sufficient resources to continue to provide for these services; and WHEREAS, sufficient monies exist within budgeted Contracted Services funds reserved for use by the Building Department.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

1. The above recitals are true and correct.

2. The City Council approves the attached First Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions INC., to perform professional fire and building plan review and inspection services(Exhibit “A”), and authorizes the Mayor to execute the same.

3. This Resolution is effective immediately upon adoption. * * * * *
Attachments:

Exhibit “A”: First Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, INC.

EXHIBIT A

FIRST AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN CITY OF MADERA AND FIRE SAFETY SOLUTIONS
This First Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, LLC (the “First Amendment”) is entered into by and between the CITY OF MADERA, a municipal corporation, organized and existing pursuant to the laws of the State of California and the City of Madera (the “City” or “Agency”), on the one hand, and FIRE SAFETY SOLUTIONS, INC. (formerly Fire Safety Solutions, LLC) on the other hand and hereinafter referred to as the “Consultant”.

This First Amendment shall become effective upon the final signature date of execution by both parties (the “First Amendment Date”). The City and Consultant enter into this First Amendment with reference to the following facts:

R E C I T A L S
A. City and Consultant are parties to that certain Professional Services Agreement, dated as of February 20, 2008, that was passed, adopted, and recorded in the Official Records of City of Madera, on February 20, 2008, as Resolution No. 08-38 (the “Original Professional Services Agreement”).

B. Section 6.7 of the Professional Services Agreement allows City and the Consultant to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties.

C. On October 31, 2023, Consultant has submitted a written request to the City for certain amendments to the Professional Services Agreement to facilitate an increase to the hourly rates in accordance with the provisions of the Original Professional Services Agreement and as set forth in this First Amendment. City and Consultant desire to enter into this First Amendment in order to set forth and approve: (i) such amendments to the Professional Services Agreement; and (ii) certain acknowledgements, clarifications and understandings with respect to the Professional Services Agreement.

D. On November __, 2023, at a duly noticed public meeting and after due review and consideration of (i) the report of City staff, (ii) the recommendations of the Community Development Director of the City, (iii) all other evidence heard and submitted, and (iv) all other appropriate documentation and circumstances, the City Council adopted Resolution No.____ to approve this First Amendment set forth herein.

NOW THEREFORE, with reference to the above Recitals, the City and Consultant agree as follows:

A G R E E M E N T

1. Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this reference as though set forth herein verbatim.

2. Fee Compensation. Section 2.1 (Fee) of the Original Professional Services Agreement is deleted in its entirety and amended to read in its entirety as follows:

For services performed pursuant to this Agreement, commencing the First Amendment Date the AGENCY agrees to pay and the CONSULTANT agrees to accept, as payment in full for each assigned Plan Review or Inspection a sum computed at the agreed flat rate of $120/Hour for Services. The computed amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work identified in the Scope of Services.

The CONSULTANT agrees that the agreed flat rate of $120/hour shall be used for the duration of the contract.

The CONSULTANT shall be paid by AGENCY according to the biweekly billing invoices submitted by the CONSULTANT and approved by the AGENCY. The invoices shall clearly break down all costs for specific Services in a manner deemed acceptable by the AGENCY. The CONSULTANT shall provide itemized invoices listing permit numbers and charges for each Service provided. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the AGENCY.

The CONSULTANT shall provide compensation to the representative employee in accordance with State and Federal laws.

3. Terms of Compensation. The first sentence of Section 2.3 (Terms of Compensation) of the Original Professional Services Agreement is deleted in its entirety and is amended to read as follows:

CONSULTANT will submit invoices bi-weekly for the percentage of work completed in the previous weeks.

4. Term of Amended Professional Services Agreement. Section 4.2 (Term of Contract) is added to Article 4 (TERMINATION) of the Original Professional Services Agreement to read in its entirety as follows:

4.2 Term of Contract
If not previously terminated, the term of this Agreement shall automatically expire and terminate on January 1, 2025, unless extended in writing by mutual consent of the Parties.

5. Representation. The “AGENCY Representative” portion Section 6.1 (Representation) of the Original Professional Services Agreement is amended to read as follows:

AGENCY Representative
David Merchen, Director
Will Tackett, Community Development Director
205 W 4th Street
Madera, CA 93637
(559) 661-5430
(559) 661-5451

6. Extent of Agreement. Section 6.7 (Extent of Agreement) of the Original Professional Services Agreement, is amended in its entirety to read as follows:

This Agreement, as amended, represents the entire and integrated Agreement between AGENCY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

7. Exhibit “A”. Section 3.1 of Exhibit “A’ of the Original Professional Services Agreement is amended in its entirety to read as follows:

Work shall be performed at a flat rate of $120/hour effective as of the First Amendment Date.

8. Conflict. Except as expressly provided in this First Amendment the remaining terms of the Original Professional Services Agreement shall remain in full force and effect.

9. Binding and Effective. This First Amendment shall become: (a) binding upon the effective date of Resolution No._____ of the City of Madera approving the First Amendment to the Professional Services Agreement; and (b) upon becoming binding pursuant to clause (a), shall become effective as of the First Amendment Date. [SIGNATURES ARE ON THE FOLLOWING PAGES]

IN WITNESS WHEREOF, the parties have executed this First Amendment at Madera, California, on the day and year first above written.

CITY OF MADERA: FIRE SAFETY SOLUTIONS:

By: ____________________________ By: ____________________________ Santos Garcia, Mayor Matthew S. Tarr, CEO
Date: ______________________ Date: ______________________ Number: ________________________
Federal Employer Identification
Attest:
___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney
ATTACHMENT 2
Original Professional Services Agreement by and between the City of Madera and Fire Safety Solutions.

FIRE SAFETY SOLUTIONS, LLC
Professional Services Agreement
THIS AGREEMENT is made and entered into this w~ day of February, 2008, by and between City of Madera, hereinafter referred to as "AGENCY", and Fire Safety Solutions LLC., hereafter referred to as "Consultant".

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

1.1 Project Description
ARTICLE 1

SCOPE OF SERVICES
Refer to scope of services in Exhibit "A".

1.2 Description of Services
CONSULTANT shall perform Services described in Exhibit "A", Scope of Work, attached hereto and incorporated herein by this reference. CONSUL TANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work since these are solely the construction contractor's responsibility.

CONSUL TANT shall not be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents. CONSUL TANT shall not have control over or charge of acts or omissions of the construction contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the work.

1.3 Responsibilities of Agency
The Responsibilities of the AGENCY shall be those as described in Exhibit "A" attached hereto and incorporated herein by this reference.

1.4 Schedule of Work
Upon receipt of written Notice to Proceed from the AGENCY, CONSUL TANT shall perform Services in the Scope of Work with diligence. CONSUL TANT shall not be responsible for delay, nor shall CONSUL TANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of AGENCY to furnish timely information or to approve or disapprove CONSULTANT'S work promptly, or delay or faulty performance by AGENCY, other contractors, or governmental agencies, or any other delays beyond CONSULTANT'S control or without CONSUL TANT's fault.

2.1 Fee
ARTICLE 2

COMPENSATION
AGENCY agrees to compensate CONSUL TANT for time and materials, in accordance with the hourly rates in effect at the time the services are performed. AGENCY will compensate CONSUL TANT for the cost of materials plus 15% and the cost of mileage in accordance with Exhibit "A". The hourly rates and estimated amount are subject to annual revision, effective January 1st of each year.

CONSUL TANT will submit invoices monthly for the work completed.

2.2 Payment Address
All payments due CONSULTANT shall be paid to:

Fire Safety Solutions
1405 E. Omaha
Fresno, CA 93720

2.3 Terms of Compensation
CONSUL TANT will submit invoices monthly for the percentage of work completed in the previous month. AGENCY agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date. AGENCY agrees to notify CONSUL TANT of any disputed invoice amounts within ten (10) days of the invoice date. Delinquent invoices will be subject to a late payment carrying charge computed at a periodic rate of 1.5% per month, which is an annual percentage rate of 18%, which will be applied to any unpaid balance commencing forty-five (45) days after date of the original invoice.

Additionally, in the event AGENCY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are rendered, then AGENCY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and the duties of CONSULTANT under this Agreement may be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written Notice.

2.4 Additional Services
AGENCY may request CONSUL TANT to perform additional services not covered by the specific Scope of Work set forth in this Agreement, and CONSUL TANT shall perform such services and will be paid for such additional services when they are mutually agreed to and made part of this Agreement by written amendment.

ARTICLE 3

INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

3.1 Indemnification
CONSUL TANT agrees to indemnify and hold harmless AGENCY, its officers and employees from and against liability, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of CONSULTANT in the performance of this Agreement.

In the event AGENCY obtains indemnification for itself from another party performing work on the Project, AGENCY shall require that party to indemnify CONSUL TANT to the same extent that party indemnifies AGENCY.

3.2 Limitation of Liability
AGENCY and CONSUL TANT have discussed their risks, rewards and benefits of the Project and the CONSUL TANT fee for services. The risks have been allocated such that AGENCY agrees that to the fullest extent permitted by law, CONSUL TANT's total liability to AGENCY under this Agreement shall not exceed the amount of $50,000.00.

3.3 Workers' Compensation
CONSULTANT maintains Workers' Compensation and Employer's Liability Insurance of a form and in an amount as required by state law.

3.4 General Liability
CONSULTANT maintains Comprehensive General Bodily Injury and Property Damage Liability, including Automobile (owned, non-owned, or hired), in the amount of One Million Dollars ($1,000,000), combined single limits per occurrence and annual aggregate.

3.5 Notice of Cancellation
CONSULTANT agrees to provide ten (10) days written Notice to AGENCY prior to cancellation of any policy.

3.6 Agency Provided Information
AGENCY agrees to indemnify and hold harmless CONSUL TANT, its officers and employees, from and against any and all liability, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, due to incorrect data or information provided by the AGENCY including, but not limited to utility location data, as-built drawings, topographic survey, geotechnical reports, etc.

In the event AGENCY fails to provide a soils or geotechnical report for the services to be performed in this Agreement, CONSUL TANT will bear no responsibility for and CLIENT will indemnify and hold harmless CONSUL TANT, its officers and employees from and against any and all liability, damages, costs, losses, claims and expenses of any nature arising out of or related to soils or geotechnical requirements needed for the subject Agreement.

4.1 Termination of Contract
ARTICLE4

TERMINATION
This Agreement may be terminated by either party at any time with or without cause upon thirty (30) days prior written Notice. In the event of termination by AGENCY, CONSUL TANT shall be paid at the hourly rates then in effect within thirty (30) days of submittal of invoice for all services performed to the date of termination and for all expenses directly attributable to the termination, including, but not limited to, any cancellation charges by subconsultants and/or contractors.

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents
All plans, specifications, reports and other design documents prepared by CONSUL TANT pursuant to this Agreement are instruments of service which shall be deemed the property of the AGENCY. AGENCY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSUL TANT. In the event AGENCY and CONSUL TANT permit the reuse or other use of the plans, specifications, reports or other design documents, AGENCY shall require the party using them to indemnify and hold harmless AGENCY and CONSUL TANT regarding such reuse or other use, and AGENCY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. CONSULTANT may apply for copyrights or patents on all or any part of the work performed under this Agreement.

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation
An AGENCY representative shall be designated by the AGENCY and a CONSUL TANT representative shall be designated by CONSUL TANT as the primary contact person for each party regarding performance of this Agreement.

AGENCY Representative
David Merchen, Director
205 W 4th Street
Madera Ca 93637
(559) 661-5430

6.2 Non-Discrimination
CONSUL TANT Representative
Matthew S. Tarr
1405 E. Omaha
Fresno CA 93720
(559) 274-3925
In the performance of the terms of this Agreement, CONSULTANT shall not engage in discrimination in the employment of persons because of race, creed, color, religion, national origin, age, physical handicap, marital status or sex.

6.3 Legal Action
Should either party to this Agreement bring legal action against the other, the case shall be handled in Fresno County, California, and the party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

Should any legal action about the Project between AGENCY and a party other than CONSULTANT require the testimony of CONSUL TANT when there is no allegation that CONSUL TANT was negligent, AGENCY shall compensate CONSUL TANT for its testimony and preparation to testify at the CONSUL TANT hourly rates in effect at the time of such testimony.

6.4 Assignment
This Agreement shall not be assignable by either party without the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services of persons and entities not in their employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSUL TANT's use of others for additional services shall not be unreasonably restricted by the AGENCY provided CONSUL TANT notifies the AGENCY in advance.

6.5 Hazardous Materials
Unless otherwise provided in this Agreement, CONSUL TANT and its sub-consultants and/or contractors shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the site of the Project.

6.6 Titles
The titles used in this Agreement are for general reference only and are not part of the Agreement.

6.7 Extent of Agreement
This Agreement represents the entire and integrated Agreement between AGENCY and CONSUL TANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

APPROVED AS TO FORM CITY OF MADERA
By:~~
Ricful K75enhalter, City At!o~e~
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ATTEST:

By:----l=-><----'-""-=--=.;:::_;:::....;:..=~-------
Sonia Alvarez, City Clerk
Title: CE(:?.

Taxpayer I.D. Number

1. DUTIES OF CONTRACTOR
EXHIBIT "A"
Scope of Services

1. 1 Function as extension of in-house staff, including Building Plan Check
Fire Plan Check
Building Inspection
Fire Inspection
General Fire Prevention Duties (To be specified as determined) Such duties shall be under the direction of the Community Development Director, and under the day to day supervision of the Chief Building Official.

1.2 On each of the 3 business days, work at least 7 business hours (between 7:00 - 5:30) in the Building Department. An additional period of at least ½ hour each day shall be designated for a meal break, which shall not be billable. A total of 27 hours, not including meal breaks, shall be provided during the three business days. The actual work schedule shall be coordinated with the Building Official.

1.3 The 27 hours per week specified in item 1.2 above shall be billed as time spent in the office and not on the basis of specific tasks or jobs. Work shall consist of day to day assignments made by Building Official or Community Development Director.

1.4 As needed, and with assigned tasks, be available for a minimum of an additional 9 hours per week, which may be provided in the Building Department or outside the department, billed at the same flat rate specified in this agreement.

1.5 Contractor shall provide a work vehicle and shall not be reimbursed for mileage, or provided any other compensation for use of said vehicle in the performance of duties under this agreement.

1.6 Contractor shall provide insurance in accordance with City requirements.

1. 7 This agreement shall be exclusively serviced by Matthew Tarr, as the Contractor's representative employee.

2. DUTIES OF AGENCY

2.1 The Agency shall provide a work station with a computer and office supplies consistent with the normal operations of the Building Department.

2.2 The Agency agrees to compensate the contractor in accordance with Section 3 below.

3. COMPENSATION

3.1 Work shall be performed at a flat rate of $80 / hour.

3.2 The Contractor shall provide compensation to the representative employee in accordance with State and Federal laws.
1 REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Traffic Signal Modification at the Intersections of Howard Road & Pine Street, Howard Road & Yosemite Avenue/Q Street, New Signal Installations at Intersections of Cleveland Avenue & Granada Drive and E South Street & N D Street
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Madera Rejecting all Bids Received for the City Projects TS-23, TS-24, and TS-32 (Traffic Signals) SUMMARY:

On October 31st the Engineering Department received two bids for Traffic Signal Modification at Howard Road and Pine Street, Howard Road and Yosemite Avenue/Q Street (HOPYQ) City Project TS-23, Federal Project CML 5157(121); Traffic Signal Installations at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157(124); Traffic Signal Installation at South Street and D Street City Project No. TS-32, Federal Project CML 5157(125). The Bid Schedules were split into three parts for each project location. Of the three Bid Schedules, two were in line with engineer estimates, however both bids received for the HOPYQ location were approximately $340,000 above budget.

Based on the excessive costs, relative to that which was anticipated, of the HOPYQ portion of the project, staff is recommending that City Council (Council) reject all bids.

DISCUSSION:

TJKM Consultants prepared plans and specifications for three traffic signal improvement projects described below. These Capital Improvement Program (CIP) projects are funded primarily with Council Meeting of: November 15, 2023
Agenda Number: B-16
Congestion Mitigation and Air Quality (CMAQ) funds and were combined into one bid document for bidding and construction using three separate bid schedules.  Bid Schedule A – CIP Project TS-23 HOPYQ Intersection Traffic Signals The HOPYQ intersections project consists of installing Adaptive Signal Control Technology (ASCT) at the existing traffic signals. ASCT uses hardware (cameras) and software to collect data and evaluate it to develop signal-timing improvements intended to provide green time where most needed depending on changing needs throughout the day.

Installation includes controllers, pull boxes, conduits, conductors, video detection units, cellular modem and antenna installation, and fiber optic cabling.  Bid Schedule B – CIP Project TS-24 New Traffic Signal at Cleveland Avenue and Granada Drive
The intersection of Cleveland & Granada is a typical traffic signal installation however the location has three existing signal poles without mast arms. Therefore, the cost of this location would be expected to be less than a full traffic signal installation that typically includes cabinets, pullboxes, conduit, controller, mast arms, push buttons, Emergency Vehicle Pre-emption, signing, and striping.
 Bid Schedule C – CIP Project TS-32 New Traffic Signal at South Street and D Street The work at this location generally consists of installing a new traffic signal system in place of the current all-way stop. The project includes traffic signal pole installation, cabinets, pullboxes, conduits, conductors, push buttons, Emergency Vehicle Pre-emption (EVP), programming the signal controller for signal timing, signing, and striping.

The project was advertised in the Madera Tribune as well as on PlanetBids from September 12th to October 31st when the bid opening occurred.

Shown below are the bids received along with TJKM engineer’s estimate:

Table 1: Bid Abstract
Bidder TS-23
Schedule A
TS-24
Schedule B
TS-32
Schedule C Bid Total
St. Francis Electric, LLC $506,750.00 $177,500.00 $554,200.00 $1,238,450.00 A-C Electric Company $504,725.00 $394,300.00 $482,025.00 $1,381,050.00 Engineer’s Estimate $159,555.60 $361,890.00 $492,772.80 $1,014,218.42 Bids received for the new traffic signals at Cleveland Avenue and Granada Drive and at D Street and South Street, Schedule B and Schedule C are considered reasonable based on the engineer’s estimate. However, Bid Schedule A, the HOPYQ Improvements TS-23, there is an unexpected $340,000 difference between the bids and the engineer’s estimate.

With both bids for Schedule A being an approximate $340,000 above the estimated cost, staff does not feel the envisioned benefit of the ASCT justifies the cost of the intersection improvements. As such, staff does not recommend moving forward with awarding the contract.

Staff will review this location further to determine if the cost can be reduced in a future bid. If costs cannot be reduced to a level that justifies the cost relative to the benefit, the improvements may be abandoned.

Recommendation is to reject all bids and rebid the projects in one of the following ways:

1. Remove Bid Schedule A from the project.

2. Add Bid Schedule A as a bid alternative.

FINANCIAL IMPACT:

There is no impact to the General Fund by rejecting these bids. There will be some additional non-General Fund costs incurred by the projects to rebid.

ALTERNATIVES:

Should the Council wish to award the contract an additional $340,000 would have to be added to the project budget to cover the unexpected cost.

ATTACHMENTS:

1. Resolution
Attachment 1
Resolution
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA REJECTING ALL BIDS RECEIVED FOR CITY PROJECTS TS-23, TS-24, AND TS-32 (TRAFFIC

SIGNALS)
WHEREAS, the City of Madera advertised for bids the Traffic Signal Modification at Howard Road and Pine Street, Howard Road and Yosemite Avenue/Q Street (HOPYQ) City Project TS-23, Federal Project CML 5157 (121); Traffic Signal Installations at Cleveland Avenue and Granada Drive City Project No. TS-24, Federal Project CML 5157(124); Traffic Signal Installation at South Street and D Street City Project No. TS-32, Federal Project CML 5157(125) (collectively “Project”) ; and
WHEREAS, the City received two bids for the Project, both of which were more than $340,000 above budget; and
WHEREAS, the City Council has determined that it is in the best interest of the City to reject all bids and re-advertise for bids as may be appropriate.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

1. The above recitals are true and correct.

2. The City Council (Council) has reviewed and considered all the information presented including the report to Council from the Engineering Department.

3. It is in the best interests of the City to reject all bids for the Project, and the City Council so rejects all bids.

4. The City’s Engineering Department is authorized to re-advertise for bids for the Project or any component of the same.

5. This Resolution is effective immediately upon adoption. *******

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 15, 2023
_________________________________ Agenda Number:

Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. SCH 2023090606 for the Westberry Bridge Project, City Project B-02.

RECOMMENDATION:

Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Westberry Bridge Project, City Project B-02 (EA No. SCH 2023090606).

SUMMARY:

This matter involves consideration of the Environmental Assessment and associated initial study, analyses and findings of Mitigated Negative Declaration (EA No. SCH 2023090606) prepared for the proposed Westberry Bridge across the Fresno River (Project), in accordance with the provisions of the California Environmental Quality Act (CEQA).

Pursuant to the provisions of Section 15074(b) of the CEQA Guidelines, prior to approving a project, the decision-making body of the lead agency shall consider the proposed mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration reflects the lead agency’s independent judgment and analysis.

Based upon the attached Environmental Assessment and applicable mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends the Mitigated Negative Declaration (SCH 2023090606) and Mitigation Monitoring and Reporting Program prepared by Provost and C-1
Pritchard Consulting Group and dated November 2023 (see Attachment 1, Exhibit A), be adopted for this project.

BACKGROUND:

The project is on the Westberry Boulevard alignment crossing the Fresno River. The proposed bridge is approximately 402 feet in length, consisting of 4 travel lanes, sidewalks, bike paths, street lighting, and a 12-inch water main connection between the water mains on both sides of the river. The existing Fresno River Trail will be rerouted under the south end of the bridge next to the bridge abutment. The bridge will also facilitate better access to commercial and industrial areas to the south and southeast of the bridge area.

City Council approved a contract with Cornerstone Engineering Group on August 3, 2022, to perform all engineering, permitting applications/support, and environmental studies of the project. Provost and Prichard Consulting Group Inc., working as a subconsultant to Cornerstone Engineering Group, performed an environmental review that included studies pursuant to the provisions of the California Environmental Quality Act (CEQA) for permitting purposes of the Westberry Bridge. A Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared by Provost and Prichard Consulting Group Inc.

CEQA applies to governmental action. This action may involve:

1. Activities directly undertaken by a governmental agency;

2. Activities financed in whole or in part by a governmental agency; or

3. Private activities which require approval from a governmental agency.

A “project,” as defined at Section 15378 et seq. of the CEQA Guidelines, is an activity subject to CEQA, and means the whole of an action which has potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:

1. An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100–65700.

2. An activity undertaken by a person which is supported in whole or in part through public agency contacts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.

3. An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

As such, the proposed construction of a new bridge across the Fresno River at the Westberry Boulevard alignment is a Project subject to the requirements of CEQA. Those requirements include the preparation of detailed and comprehensive research, studies and analyses of various environmental criteria defined by CEQA and as necessary to ensure the project will not have the potential to substantially degrade the quality of the environment; will not have impacts that are cumulatively considerable; and will not have environmental effects which cause substantial adverse effects on human beings or wildlife species either directly or indirectly.

A Draft Initial Study/Mitigated Negative Declaration was prepared and a public notice of intent to adopt the Mitigated Negative Declaration was subsequently published in the Madera Tribune to allow the public the review period provided under Section 15105 of the CEQA Guidelines, and submitted to appropriate state agencies through the State Clearinghouse with the Governor’s Office of Planning and Research, on September 27, 2023; initiating the public review period through October 27, 2023.

DISCUSSION:

The agency and public review period as required by CEQA ended on October 27, 2023. As of that date, no comments had been received, although the San Joaquin Valley Air Pollution Control District submitted comments on October 31, 2023, four days after the public review period ended. Based upon review of the SJVAPCD’s comments and consideration of the Consultant responses, it is staff’s opinion that no new avoidable significant effect is identified and no new mitigation measures or project revisions must be added in order to reduce the effect to insignificance. In addition, it is staff’s opinion that the proposed mitigation measures will reduce potential effects to less than significant and no new measures or revisions must be required.

However, in accordance with the provisions of Section 15073.65(c)(3) of the CEQA Guidelines, staff is recommending supplemental mitigation reporting requirements be included in the Mitigation Monitoring and Reporting Program which will assist the City with implementation monitoring. These supplemental reporting requirements are not deemed to be required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. Recirculation of the Final Initial Study/Mitigated Negative Declaration Report is therefore not warranted pursuant to the provisions of Section 15073.5 of the CEQA Guidelines. The City’s review and determination of the potential environmental impact of the project is based on the data presented in the attached Report. The environmental review has been prepared in accordance with the CEQA. The attached report will provide the environmental documentation needed for City and State compliance requirements. The City has assumed the role of ‘Lead Agency” for this project in accordance with CEQA and State CEQA guidelines. The report will also fulfill the CEQA environmental review requirements for any reviews and approvals pertaining to this project by other agencies.

Based on the analyses included in the initial study, the findings of the Mitigated Negative Declaration and proposed mitigation measures included in the Mitigation Monitoring and Reporting Program, staff recommends the Council finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration (SCH 2023090606) reflects the lead agency’s independent judgment and analysis.

FISCAL IMPACT:

There is no impact to the General Fund. The cost for the preparation of the Report is included in the contract with Cornerstone Engineering Group. There are no significant impacts to the environment that require modification to the proposed bridge design.

ALTERNATIVES:

Delay the adoption of the Report until the time construction is to begin. Delay could prevent the City from having the ability to pursue certain State and/or Federal permits prior to approval and commencement of construction activities as well as hinder the City’s ability to pursue certain funding opportunities that may be available.

Adoption of the environmental findings does not constitute approval to commence construction.

While circumstances may change between the time at which environmental studies and analyses are performed and the adoption date of an environmental finding, it should be noted that CEQA regulations do require the lead agency to consider any substantial changes in projects, or circumstances (under which the project is undertaken) which may have occurred, or new information of substantial importance which may become available prior to subsequent discretionary actions pertaining to the project being approved; including those action necessary to approve commencement of construction.

ATTACHMENTS:

1. Resolution adopting the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Westberry Bridge Project; including:

Exhibit A: Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (State Clearinghouse No. SCH 2023090606) for the Westberry Bridge Project prepared by Provost and Prichard Consulting Group Inc.

Exhibit B: San Joaquin Valley Air Pollution Control District comment letter dated October 31, 2023
Exhibit C: Response Memorandum to the San Joaquin Valley Air Pollution Control District comment letter dated November 1, 2023
ATTACHMENT 1
Resolution adopting the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Westberry Bridge Project
Including:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE

WESTBERRY BRIDGE PROJECT

WHEREAS, the City of Madera proposes to construct a new vehicular bridge along the proposed Westberry Boulevard Alignment crossing the Fresno River in the northwest portion of the City of Madera for purposes of improving traffic circulation and avoiding any future congestion on existing upstream bridges at Granada Drive and Schnoor Avenue (Westberry Bridge Project); and
WHEREAS, an Environmental Assessment (EA), which includes an Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (State Clearinghouse No. SCH 2023090606), has been prepared for the Westberry Bridge Project, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, Section 15000, et seq., and the Madera Municipal Code; and
WHEREAS, pursuant to the provisions of Section 15074(b) of the CEQA Guidelines and prior to approving a project, the City Council as the elected decision-making body of the lead agency shall consider the proposed mitigated negative declaration together with any comments received during the public review process; and
WHEREAS, the City Council shall adopt the proposed mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the lead agency’s independent judgment and analysis; and
WHEREAS, the City provided a properly noticed public hearing on the project on November 15, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council received and reviewed the Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (State Clearinghouse No. SCH 2023090606) for the Westberry Bridge Project at a duly noticed meeting on November 15, 2023, opened the public hearing, at which time all interested parties had the opportunity to be heard, and then closed the public hearing,; and
WHEREAS, the City Council completed its review of the documents prepared, evaluated the information contained, and considered testimony received as a part of the public hearing process, and now desires to adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (State Clearinghouse No. SCH 2023090606) for the Westberry Bridge Project.

NOW THEREFORE, THE CITY COUNCIL RESOLVES as follows:

1. The foregoing recitals are true and correct and made a part of this resolution.

2. The proceedings and all evidence introduced before the City Council at the public hearing, including staff reports, attachments, and presentations, are hereby incorporated into the record of this proceeding. These documents, along with any reports, documents, testimony, or evidence submitted to the City Council, including all documents specified under applicable State law including Public Resources Code section 21167.6(e), shall comprise the entire record of proceedings for any claims under CEQA.

3. The City of Madera City Council finds an environmental assessment initial study and mitigation monitoring and reporting program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues.

Based on this review and assessment, the City Council independently finds, that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the significant direct, indirect or cumulative effects on the environment, and that a Mitigated Negative Declaration is appropriate for this project. The City Council further affirms and independently finds, the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA.

The City Council has fully considered the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (State Clearinghouse No. SCH 2023090606) for the Westberry Bridge Project (MND), and finds that the proposed project is consistent with, and has been fully assessed by the MND, and that adoption of said MND is likewise consistent and appropriate. Based on its independent judgement and analysis and record before it, the City Council finds and determines that there is substantial evidence in the administrative record to support the determination that the project has been adequately environmentally assessed as required by CEQA per the MND. Additionally, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per the MND.

Based on the foregoing, the City Council independently adopts the Initial Study/Mitigated Negative Declaration (State Clearinghouse No. SCH 2023090606) for the Westberry Bridge Project, including the associated mitigation monitoring and reporting program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed.

The City of Madera Engineering Department located at 428 East Yosemite Avenue, Madera, CA 93638 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the Council's affirmation and adoption of this Mitigated Negative Declaration is based. The Council authorizes and directs the Director of the Engineering Department, or designee, to execute and file with the Madera County Clerk, a Notice of Determination for the approval of the project that complies with the CEQA Guidelines.

4. This Resolution shall become effective immediately.
*******
ATTACHMENTS:

WESTBERRY BRIDGE PROJECT

FINAL INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION
NOVEMBER 2023
SCH NO. 2023090606
PREPARED FOR:

City of Madera Engineering Department
428 E. Yosemite Avenue
Madera, CA 93638
PREPARED BY:

Provost & Pritchard Consulting Group
The City of
MADERA
EST. 196B

PROVOST&

PRITCHARD

CONSULTING GROUP
Table of Contents
Westberry Bridge Project
November 2023 i

TABLE OF CONTENTS
Chapter 1 Introduction ................................................................................................................................. 1-1

1.1 Regulatory Information ....................................................................................................................... 1-1

1.2 Document Format ............................................................................................................................... 1-1 Chapter 2 Project Description ....................................................................................................................... 2-1

2.1 Project Background ............................................................................................................................. 2-1 Project Title ................................................................................................................ 2-1 Lead Agency Name and Address ................................................................................ 2-1 Contact Person and Phone Number .......................................................................... 2-1 Project Location ......................................................................................................... 2-1 General Plan Designation and Zoning ........................................................................ 2-1 Description of Project ................................................................................................ 2-2 Other Public Agencies Whose Approval May Be Required ....................................... 2-4 Consultation with California Native American Tribes ................................................ 2-4 “CEQA–Plus” Assessment .......................................................................................... 2-4 Chapter 3 Determination .............................................................................................................................. 3-1

3.1 Potential Environmental Impacts ....................................................................................................... 3-1

3.2 Determination ..................................................................................................................................... 3-2 Chapter 4 Environmental Impact Analysis .................................................................................................... 4-1

4.1 Aesthetics ............................................................................................................................................ 4-1 Baseline Conditions .................................................................................................... 4-1 Impact Analysis ........................................................................................................... 4-2 Federal Cross-Cutting Topic ....................................................................................... 4-3 Mitigation ................................................................................................................... 4-3

4.2 Agriculture and Forestry Resources ................................................................................................... 4-4 Baseline Conditions .................................................................................................... 4-4 Impact Analysis ........................................................................................................... 4-5 Federal Cross-Cutting Topic ....................................................................................... 4-6

4.3 Air Quality ............................................................................................................................................ 4-9 Baseline Conditions .................................................................................................... 4-9 Applicable Regulations ............................................................................................... 4-9 Thresholds ................................................................................................................ 4-10 Impact Analysis ......................................................................................................... 4-10

2.1.1 2.1.2

2.1.3 2.1.4

2.1.5 2.1.6

2.1.7 2.1.8

2.1.9 4.1.1

4.1.2 4.1.3

4.1.4 4.2.1

4.2.2 4.2.3

4.3.1 4.3.2

4.3.3 4.3.4
Table of Contents
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November 2023 ii
Federal Cross-Cutting Topic ..................................................................................... 4-12 Mitigation ................................................................................................................. 4-12

4.4 Biological Resources ......................................................................................................................... 4-13 Baseline Conditions .................................................................................................. 4-13 Topography ............................................................................................................................... 4-14 Climate .................................................................................................................................. 4-14 Hydrology .................................................................................................................................. 4-14 Soils .................................................................................................................................. 4-14 Biotic Habitats ........................................................................................................................... 4-15 Natural communities of special concern .................................................................................. 4-20 Applicable Regulations ............................................................................................. 4-25 Impact Analysis ......................................................................................................... 4-28 Mitigation ................................................................................................................. 4-32

4.5 Cultural Resources ............................................................................................................................ 4-39 Baseline Conditions .................................................................................................. 4-39 Impact Analysis ......................................................................................................... 4-40 Federal Cross-Cutting Topic ..................................................................................... 4-40 Mitigation ................................................................................................................. 4-41

4.6 Energy ............................................................................................................................................... 4-42 Baseline Conditions .................................................................................................. 4-42 Impact Analysis ......................................................................................................... 4-42

4.7 Geology and Soils .............................................................................................................................. 4-44 Baseline Conditions .................................................................................................. 4-44 Impact Analysis ......................................................................................................... 4-46 Mitigation ................................................................................................................. 4-48

4.8 Greenhouse Gas Emissions ............................................................................................................... 4-50 Baseline Conditions .................................................................................................. 4-50 Impact Analysis ......................................................................................................... 4-50

4.9 Hazards and Hazardous Materials .................................................................................................... 4-51 Baseline Conditions .................................................................................................. 4-51 Impact Analysis ......................................................................................................... 4-52

4.10 Hydrology and Water Quality ......................................................................................................... 4-54 Baseline Conditions .................................................................................................. 4-54 Impact Analysis ......................................................................................................... 4-55 Federal Cross-Cutting Topic ..................................................................................... 4-57

4.3.5 4.3.6

4.4.1 4.4.2

4.4.3 4.4.4

4.5.1 4.5.2

4.5.3 4.5.4

4.6.1 4.6.2

4.7.1 4.7.2

4.7.3 4.8.1

4.8.2 4.9.1

4.9.2 4.10.1

4.10.2 4.10.3
Table of Contents
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November 2023 iii

4.11 Land Use and Planning .................................................................................................................... 4-59 Baseline Conditions .................................................................................................. 4-59 Impact Analysis ......................................................................................................... 4-59 Federal Cross-Cutting Topic ..................................................................................... 4-60

4.12 Mineral Resources .......................................................................................................................... 4-61 Baseline Conditions .................................................................................................. 4-61 Impact Analysis ......................................................................................................... 4-61

4.13 Noise ............................................................................................................................................... 4-62 Baseline Conditions .................................................................................................. 4-62 Impact Analysis ......................................................................................................... 4-63

4.14 Population and Housing .................................................................................................................. 4-65 Baseline Conditions .................................................................................................. 4-65 Impact Analysis ......................................................................................................... 4-65 Federal Cross-Cutting Topic ..................................................................................... 4-66

4.15 Public Services ................................................................................................................................. 4-67 Baseline Conditions .................................................................................................. 4-67 Impact Analysis ......................................................................................................... 4-67

4.16 Recreation ....................................................................................................................................... 4-69 Baseline Conditions .................................................................................................. 4-69 Impact Analysis ......................................................................................................... 4-69

4.17 Transportation ................................................................................................................................ 4-71 Baseline Conditions .................................................................................................. 4-71 Impact Analysis ......................................................................................................... 4-71

4.18 Tribal Cultural Resources ................................................................................................................ 4-73 Baseline Conditions .................................................................................................. 4-73 Impact Assessment .................................................................................................. 4-74 Mitigation ................................................................................................................. 4-74

4.19 Utilities and Service Systems .......................................................................................................... 4-75 Baseline Conditions .................................................................................................. 4-75 Impact Analysis ......................................................................................................... 4-76

4.20 Wildfire ............................................................................................................................................ 4-78 Baseline Conditions .................................................................................................. 4-78 Impact Analysis ......................................................................................................... 4-78

4.21 CEQA Mandatory Findings of Significance ..................................................................................... 4-80 Statement of Findings .............................................................................................. 4-80

4.11 .1

4.11.2 4.11.3

4.12.1 4.12.2

4.13 .1

4.13.2 4.14.1

4.14.2 4.14 .3

4.15.1 4.15.2

4.16.1 4.16.2

4.17.1 4.17.2

4.18.1 4.18.2

4.18.3 4.19.1

4.19 .2

4.20.1 4.20.2

4.21.1 Table of Contents
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November 2023 iv
Chapter 5 Mitigation, Monitoring, and Reporting Program ......................................................................... 5-1 Chapter 6 References .................................................................................................................................... 6-1

LIST OF APPENDICES
Appendix A: CalEEMod Output Files ............................................................................................................. A-1 Appendix B: Biological Evaluation ................................................................................................................. B-1 Appendix C: Class III Inventory/Phase I Cultural Resources Survey ............................................................. C-1 Appendix D: Aquatic Resources Delineation ................................................................................................ D-1

LIST OF FIGURES
Figure 2-1: Regional Location Map ............................................................................................................... 2-5 Figure 2-2: Topo Quad Map .......................................................................................................................... 2-6 Figure 2-3: Biological APE ............................................................................................................................. 2-7 Figure 2-4: General Plan Land Use Designation Map ................................................................................... 2-8 Figure 2-5: Zone District Map ....................................................................................................................... 2-9 Figure 4-1. Farmland Map ............................................................................................................................. 4-8 Figure 4-2: Project Site Photos ................................................................................................................... 4-16 Figure 4-3: Project Site Photos ................................................................................................................... 4-17 Figure 4-4: Project Site Photos ................................................................................................................... 4-18 Figure 4-5: Project Site Photos ................................................................................................................... 4-19 Figure 4-6. Soils Map ................................................................................................................................... 4-49 Figure 4-7. FEMA Flood Map ...................................................................................................................... 4-58

LIST OF TABLES
Table 4-1: Aesthetics Impacts ....................................................................................................................... 4-1 Table 4-2: Agriculture and Forest Impacts ................................................................................................... 4-4 Table 4-3: Air Quality Impacts ....................................................................................................................... 4-9 Table 4-4: SJVAPCD Thresholds of Significance, Criteria Air Pollutants ..................................................... 4-10 Table 4-5: SJVAPCD Thresholds of Significance, Toxic Air Contaminants .................................................. 4-10 Table 4-6: Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants .......... 4-11 Table 4-7: Health Risk Assessment of Construction Emissions .................................................................. 4-11 Table 4-8: Biological Resources Impacts ..................................................................................................... 4-13 Table 4-9. List of Soils Located Onsite and Their Basic Properties ............................................................. 4-14 Table 4-10: List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity ............. 4-20 Table 4-11: List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity ................ 4-23 Table 4-12: Cultural Resources Impacts ..................................................................................................... 4-39 Table 4-13: Energy Impacts......................................................................................................................... 4-42 Table 4-14: Geology and Soils Impacts ....................................................................................................... 4-44 Table 4-15: Greenhouse Gas Emissions Impacts ........................................................................................ 4-50 Table 4-16: Hazards and Hazardous Materials Impacts ............................................................................. 4-51 Table 4-17: Hydrology and Water Quality Impacts .................................................................................... 4-54 Table 4-18: Land Use and Planning Impacts ............................................................................................... 4-59 Table 4-19: Mineral Resources Impacts ..................................................................................................... 4-61 Table of Contents
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November 2023 v
Table 4-20: Noise Impacts ........................................................................................................................... 4-62 Table 4-21. Typical Construction Noise Levels ........................................................................................... 4-63 Table 4-22: Population and Housing Impacts ............................................................................................. 4-65 Table 4-23: Public Services .......................................................................................................................... 4-67 Table 4-24: Recreation Impacts .................................................................................................................. 4-69 Table 4-25: Transportation Impacts ........................................................................................................... 4-71 Table 4-26: Tribal Cultural Resources Impacts ........................................................................................... 4-73 Table 4-27: Utilities and Service Systems Impacts ..................................................................................... 4-75 Table 4-28: Wildfire Impacts ....................................................................................................................... 4-78 Table 4-29: CEQA Mandatory Findings of Significance .............................................................................. 4-80 Table 5-1: Mitigation, Monitoring, and Reporting Program ........................................................................ 5-2 Table of Contents
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November 2023 i

ACRONYMS AND ABBREVIATIONS
AB .............................................................................................................................................. Assembly Bill APE ............................................................................................................................. Area of Potential Effect ARD .................................................................................................................. Aquatic Resources Delineation BMP ...................................................................................................................... Best Management Practices CalEEMod ........................................................................ California Emissions Estimator Modeling (software) CBC ............................................................................................................................ California Building Code CDFW ....................................................................................................................... California Fish and Wildlife CESA ............................................................................................................ California Endangered Species Act CEQA ........................................................................................................ California Environmental Quality Act CGP ..................................................................................................................... Construction General Permit CGS ...................................................................................................................... California Geological Survey CHRIS ................................................................................ California Historical Resources Information System City ........................................................................................................................................... City of Madera CNDDB .................................................................................................... California Natural Diversity Database CNPS .................................................................................................................. California Native Plant Society CO .................................................................................................................................... Carbone Monoxide CO2 ........................................................................................................................................... Carbon dioxide County ....................................................................................................................................... Madera County CRHR ............................................................................................... California Register of Historical Resources dBA .................................................................................................................................. A-weighted decibels District ....................................................................................................................... Madera Irrigation District DOC ..................................................................................................................... Department of Conservation DTSC ................................................................................................. Department of Toxic Substances Control ECOS ............................................................................. (USFWS) Environmental Conservation Online System EIR ................................................................................................................... Environmental Impact Report ESA ............................................................................................................................ Endangered Species Act FEMA ............................................................................................... Federal Emergency Management Agency FMMP ......................................................................................... Farmland Mapping and Monitoring Program FPPA .......................................................................................................... Farmland Protection and Policy Act GHG ........................................................................................................................................ Greenhouse Gas GIS ............................................................................................................... Geographic Information System Table of Contents
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November 2023 ii
HUC ................................................................................................................................. Hydrologic Unit Code IPaC ................................ U.S. Fish and Wildlife Service’s Information for Planning and Consultation system IS ................................................................................................................................................ Initial Study IS/MND ........................................................................................ Initial Study/Mitigated Negative Declaration ITP ............................................................................................................................... Incidental Take Permit km .................................................................................................................................................. kilometers LSA ................................................................................................................... Lake or Streambed Alteration MBTA .................................................................................................................................... Migratory Bird Act MID .......................................................................................................................... Madera Irrigation District MMRP ...................................................................................... Mitigation Monitoring and Reporting Program MND ................................................................................................................ Mitigated Negative Declaration MRZ ............................................................................................................................ Mineral Resource Zones NAHC ................................................................................................... Native American Heritage Commission ND ................................................................................................................................. Negative Declaration NEPA ............................................................................................................ National Environmental Policy Act NO2 ........................................................................................................................................ Nitrogen Dioxide NOx ......................................................................................................................................... Nitrogen Oxides NPT ........................................................................................................................ Northwestern Pond Turtle NRCS .................................................................................................. Natural Resources Conservation Service NRHP ......................................................................................................... National Register of Historic Places NWI ...................................................................................................................... National Wetland Inventory O3 ......................................................................................................................................................... Ozone OHWM ....................................................................................................................... ordinary high-water mark Pb ............................................................................................................................................................ Lead PG&E ............................................................................................................................. Pacific Gas and Electric PM10 ....................................................................................................... particulate matter 10 microns in size PM2.5 ..................................................................................................... particulate matter 2.5 microns in size ppb .......................................................................................................................................... parts per billion ppm ......................................................................................................................................... parts per million Project ....................................................................................................................... Westberry Bridge Project ROG ............................................................................................................................. Reactive Organic Gases RWQCB .................................................................................................. Regional Water Quality Control Board SJVAPCD ................................................................................. San Joaquin Valley Air Pollution Control District Table of Contents
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November 2023 iii
SO2 ............................................................................................................................................. Sulfur Dioxide SOWA .......................................................................................................................... Safe Drinking Water Act SPT ......................................................................................................................... Southwestern Pond turtle SR ................................................................................................................................................ State Route SRA ......................................................................................................................... State Responsibility Areas SSA ................................................................................................................................... Sole Source Aquifer SSJVIC ................................................................................... Southern San Joaquin Valley Information Center SWPPP ................................................................................................. Storm Water Pollution Prevention Plan SWRCB ................................................................................................... State Water Resources Control Board Tons/year ...................................................................................................................................... tons per year TPY .............................................................................................................................................. tons per year USACE .................................................................................................. United States Army Corps of Engineers USBR ....................................................................................................... United States Bureau of Reclamation USC .................................................................................................................................... United States Code USEPA .................................................................................... United States Environmental Protection Agency USFWS .................................................................................................. United States Fish and Wildlife Service UST ........................................................................................................................ underground storage tank μg/m3 ................................................................................................................... micrograms per cubic meter WDR ................................................................................................................ Waste Discharge Requirements WEAP ........................................................................................... Worker Environmental Awareness Program Chapter 1: Introduction
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November 2023 1-1
CHAPTER 1 INTRODUCTION
Provost & Pritchard Consulting Group (Provost & Pritchard) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Madera to address the environmental effects of the Westberry Bridge Project (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. The City of Madera is the CEQA lead agency for this Project.

The site and the Project are described in detail in Chapter 2 Project Description.

1.1 REGULATORY INFORMATION
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.)-- also known as the CEQA Guidelines--Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:

1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and

2. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment.

1.2 DOCUMENT FORMAT
This IS/MND contains six chapters. Chapter 1 Introduction, provides an overview of the Project and the CEQA process. Chapter 2 Project Description, provides a detailed description of proposed Project components and objectives. Chapter 3 Determination, the Lead Agency’s determination based upon this initial evaluation. Chapter 4 Environmental Impact Analysis presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 5 Mitigation, Monitoring, and Reporting Program (MMRP), provides the Chapter 1: Introduction
Westberry Bridge Project
November 2023 1-2
proposed mitigation measures, implementation timelines, and the entity/agency responsible for ensuring implementation. Chapter 6 details the documents and reports this document relies upon to provide its analysis.

The CalEEMod Output Files, Biological Evaluation, Class III Inventory/Phase I Cultural Resources Survey, and Aquatics Resource Delineation are provided as technical Appendix A, Appendix B, Appendix C, and Appendix D, respectively, at the end of this document.

Chapter 2: Project Description
Westberry Bridge Project
November 2023 2-1
CHAPTER 2 PROJECT DESCRIPTION

2.1 PROJECT BACKGROUND
Project Title
Westberry Bridge Project
Lead Agency Name and Address
City of Madera Engineering Department
428 E. Yosemite Avenue
Madera, CA 93638
Contact Person and Phone Number
Lead Agency Contact
Steve Bettencourt
Senior Civil Engineer
(559) 661-5425
CEQA Consultant
Provost & Pritchard Consulting Group
Briza Sholars, Environmental Project Manager
(559) 449-2700
Project Location
The Project is located in the northwest portion of Madera, California, approximately 130 miles southeast of Sacramento and 120 miles northeast of Bakersfield (see Figure 2-1 and Figure 2-2). The Project area is located along the Westberry Boulevard Alignment crossing the Fresno River. The centroid of the Project area is 36° 57’ 57.57” N, 120° 06’ 04.50” W.

General Plan Designation and Zoning
Project
Area General Plan Designation Zoning District
ONSITE • Resource
Conservation/Agriculture
• Open Space
• Low Density Residential
• U: Unclassified
• PD (3,000): Planned Development -3,000 sq. ft.
• PD (6,000): Planned Development -6,000 sq. ft.
• PD (8,000): Planned Development -8,000 sq. ft.
• PD (12,000): Planned Development -12,000 sq. ft.

ADJACENT
LANDS
• Resource
Conservation/Agriculture
• Open Space
• Low Density Residential
• PD (3,000)
• PD (6,000):
• PD (8,000):
• PD (12,000):

2.1.1 2.1 .2

2.1 .3

2.1.4 2.1 .5
Chapter 2: Project Description
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November 2023 2-2
Description of Project
Project Background and Purpose
The Fresno River traverses through the center of the City of Madera in a horizontal east-west direction.

Due to urban development on both sides of the river, various bridges have been built across the river to provide access to the north and south. The City of Madera General Plan Circulation Plan depicts eight existing bridges and one proposed bridge.1 The single proposed bridge is the Westberry Boulevard Bridge as proposed under this Project.

Project Description
The City of Madera proposes to construct a new vehicular bridge along the proposed Westberry Boulevard Alignment crossing the Fresno River in the northwest portion of the City of Madera, to improve traffic circulation and to avoid any future congestion on existing upstream bridges at Granada Drive and Schnoor Avenue. The proposed bridge crossing structure would be approximately 408 feet long by approximately 92 feet wide and would accommodate two 11-foot traveled ways in each direction, one 14-foot-wide center median, two 6-foot shoulder/bike lanes with 1-foot buffer striping, two 9-foot sidewalks, and two 1-foot concrete barriers (Type 732SW) with tubular hand railing along each side of the bridge deck. An earthen irrigation canal runs along the exterior side of each riverbank. Both earthen canal alignments are owned by the United States Bureau of Reclamation (USBR) and operated by the Madera Irrigation District (MID). The Vern McCullough Fresno River Trail runs along the south bank of the river. The proposed bridge structure would consist of an 8-span cast-in-place prestressed concrete flat slab bridge supported on reinforced concrete seat-type abutments with 42-inch diameter cast-in-drilled-hole (CIDH) piles and 42- inch diameter CIDH piles at the piers.

The depth of the 42-inch diameter pier piles extend down to an elevation of 152.5 feet. The existing ground elevation ranges from an elevation of 240 feet to 250 feet, so the depth of the pier piles would be between 87 feet to 98. feet. The depth of the 42-inch diameter abutment piles extends down to an elevation of 206 feet. The bottom of abutment elevations are set at an elevation of 244 feet, so the depth of the abutment piles would be approximately 38 feet.

The proposed bridge will contain deck drains that allow stormwater to flow off of the bridge deck and into the Fresno River.

Access to the proposed bridge during construction is anticipated to be provided via previously completed portions of the Westberry Boulevard Bridge or temporary access roads extending within the channel from Riverview Drive to N Westberry Boulevard. Temporary access ramps will also need to be constructed to allow equipment and materials to be transported within the limits of the 100-year flood plain during construction of the proposed piers and during falsework erection and removal. The temporary access ramps will be constructed after a temporary water diversion is implemented. All fill material used as part of the project, either temporary or permanently, shall be in conformance with Caltrans Standard Specifications Section 19. The fill material shall also be free from debris and deleterious materials.

Falsework will be required to construct the bridge’s superstructure. Conventional falsework will be used with piers on either side of the proposed pier locations and at the faces of the proposed seat-type abutments. Falsework spans will range from 30-50 ft.
1 See Figure CI-1: Circulation Master Plan at the following link: City-of-Madera-GP-12-04-20.pdf

2.1 .6
Chapter 2: Project Description
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November 2023 2-3
Piers and falsework will be located within OHW. The Contractor shall be responsible for means and methods of water diversion and an appropriate plan shall be developed and submitted for approval to the appropriate agencies.

Construction of the new bridge will require structural excavation for the proposed piers and abutments.

Due to sandy soils and perched groundwater encountered at the site, Caltrans slurry displacement or temporary casing may be required to protect against cave-in conditions while constructing the CIDH piers.

Slurry displacement introduces liquid slurry into the drilling process which remains in the drilled hole until the contractor displaces the slurry with the concrete introduced via a rigid pipe to the bottom of the drilled hole. Temporary casing will consist of steel pipes that support the walls of the drilled hole until the concrete is placed and can withstand the ground and groundwater pressures, upon which point the casing is removed from the drilled hole.

The abutments are sized approximately 4.5 ft. wide, 10 ft. tall and 96 ft. long. Structural excavation for the abutments will extend within the limits of the 100-year floodplain. Structural excavation will be required at the piers with a total of 40 cubic yards of excavation that will occur within the 100-year flood plain and within the OHW. The reinforced concrete piers at the existing grade will be 42-inches in diameter.

Earthen irrigation canals border the north and south riverbanks. The northern canal is identified as Lateral

24.2-14.2, and the southern canal is Lateral 24.2. The canals would be converted to culverts where they intersect the proposed roadway improvements.

As mentioned above, the Project area contains the Vern McCullough Fresno River Trail that runs along the south bank of the river. As part of the Project, the trail would be realigned for easier access post construction. Non-native vegetation removal along the trail and south side of the 24.2 canal would occur as part of Project activities. Retaining walls will be required to route the trail beneath the proposed bridge.

Road and sidewalk improvements would be completed on the approaches to the bridge north and south of the Fresno River. The proposed bridge would hold a new City of Madera 12-inch water main, and AT&T and PG&E utilities would be located within the bridge itself. The City of Madera has an existing buried 33- inch sewer main which crosses the USBR canals and Fresno River within the new bridge/roadway alignment and would remain in service.

The Project’s Area of Potential Effect (APE) includes approximately 10.5 acres. The Project APE includes paved roads, two irrigation canals, a walking trail, and the Fresno River, with an additional 50-foot biological survey buffer surrounding the Project area for a total of approximately 15 acres for the biological resources APE. Surrounding lands on both sides of the Fresno River are residential neighborhoods with paved roads.

Tree and shrub removal and/or branch trimming are anticipated for the construction of the Westberry Bridge Project.

Construction Schedule
Construction is expected to take approximately seven months over one (1) construction season, weather and conditions permitting.

Operation and Maintenance
Operation and Maintenance would be similar to that of existing facilities and infrastructure owned and operated by the City of Madera, MID, and USBR. These activities would occur on an as-needed basis.

Chapter 2: Project Description
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November 2023 2-4
Other Public Agencies Whose Approval May Be Required
• Madera Irrigation District
• United States Bureau of Reclamation
• State of California Department of Fish and Wildlife
• State of California Department of Transportation
• State of California Reclamation Board
• State of California Regional Water Quality Control Board • United Stated Army Corps of Engineers
Consultation with California Native American Tribes
Public Resources Code Section 21080.3.1, et seq. (codification of Assembly Bill 52, 2013-14)) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.

The City of Madera has not received any written correspondence from a Tribe pursuant to Public Resources Code Section 21080.3.1 requesting notification of proposed project. “CEQA–Plus” Assessment
In addition to meeting the requirements of CEQA, and because the Project includes regulatory and federal permitting, the Project could be subject to “federal cross-cutting authority” requirements of other federal laws and Executive Orders. (This process is frequently referred to as “CEQA-Plus”.) Therefore, the City may also complete certain studies and analyses to satisfy various federal environmental requirements. These federal cross-cutting analyses are documented.

2.1.7 2.1 .8

2.1.9 Chapter 2: Project Description
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November 2023 2-5
Figure 2-1: Regional Location Map
I'
Le Grand
-.,
Merced
coun1y
.,, : a; ~ro ..... ~' .,,, ...... -
Covn,y
I
Fairmead
--
Madera Acres
Census Place
City Limits (vario us colors)
County
o---=2==::::::14
Miles
Project Site
'
--
Parkwood
La Vina
,, '\
Blola
:,
City of Madera
Westberry Boulevard Bridge
,,
I
Parksdale
Bonadelle
Ranchos•
Madera Ranchos
Yosemite
Lokes

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Chapter 2: Project Description
Westberry Bridge Project
November 2023 2-6
Figure 2-2: Topo Quad Map
09 6
CUVfLAN ,&\If
c::::J Area of Potential Effect (15 Acres)
USGS Topo Maps (1:24k)
Quad Name
,_- _- Township/ Range
Section
750 1,500
Feet
Project Elevation is approximately 250 feet above MSL.I City of Madera
Westberry Boulevard Bridge
w
.... ...
..:
... "' ...

IUSGS National Map, Data refreshed April 2023.

PROVOST&

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Chapter 2: Project Description
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November 2023 2-7
Figure 2-3: Biological APE
City of Madera
Westberry Boulevard Bridge

PROVOST&

PRITCHARD
Chapter 2: Project Description
Westberry Bridge Project
November 2023 2-8
Figure 2-4: General Plan Land Use Designation Map
c::::J Area of Potentia l Effect (15 Acres)
City of Madera General Plan
C__ Low Density Residenti al
Medium Density Residentia l
Open Space
Resource Conservation/Agr icultu re
1111 Other Public & Semi Public Uses
0---25COCCCC:5:JOO
Feet
b
:,.
ii
:,...

I::

CII
.Q
!
CII
:,.
"(
C
0 ,£
::,
.Q
::,
...,
Hollow Ave
City of Madera
Westberry Boulevard Bridge
Fairfield Way

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Chapter 2: Project Description
Westberry Bridge Project
November 2023 2-9
Figure 2-5: Zone District Map
Chapter 3: Determination
Madera Westberry Bridge Project
November 2023 3-1
CHAPTER 3 DETERMINATION

3.1 POTENTIAL ENVIRONMENTAL IMPACTS
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the project. Environmental factors that are. checked below would have potentially significant impacts resulting from the project. Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology / Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance
The analyses of environmental impacts in Chapter 4 Impact Analysis result in an impact statement, which shall have the following meanings.

Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).

Less than Significant Impact. This category is identified when the proposed Project would result in impacts below the threshold of significance, and no mitigation measures are required.

No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

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3.2 DETERMINATION
On the basis of this initial evaluation (to be completed by the Lead Agency):

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.

An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. _______________________________________
Signature
November 15, 2023
Date
Community Development Director
Printed Name/Position
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CHAPTER 4 ENVIRONMENTAL IMPACT

ANALYSIS

4.1 AESTHETICS
Table 4-1: Aesthetics Impacts
Except as provided in Public Resources
Code Section 21099, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Have substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Baseline Conditions
The City of Madera is located within Madera County in the San Joaquin Valley in Central California. The San Joaquin Valley extends from the Sacramento–San Joaquin River Delta in the north to the Tehachapi Mountains in the south, and from the various California coastal ranges in the west to the Sierra Nevada in the east. The Sierra Nevada mountain range begins to form approximately 22 miles east of City of Madera.

Views of the Sierras can be seen on clear days when visibility is high. The city’s visual features include urban areas, agricultural lands, rivers, and creeks. The Project area is located within the eastern region of the city along the Fresno River at the intersection of Riverview Drive and Westberry Boulevard. The Project area is bordered on both its north and south side by single-family residential neighborhoods. The Fresno River runs east-west and is the separation between the north and south neighborhoods. Both sides of the Fresno River are fenced off and planted with various non-native vegetation types. The Vern McCullough Fresno River Trail runs parallel to the Fresno River on its south side.

California Scenic Highway Program
The California Scenic Highway Program was established in 1963 with the purpose to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. A highway may be designated scenic depending upon how much of the natural landscape can Chapter 4: Environmental Impact Analysis
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be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler's enjoyment of the view. There are no officially designated State Scenic Highways in the City of Madera, inclusive of the Project area. The nearest eligible State Scenic Highways are State-Route 152 and Interstate 5 where they intersect approximately 48 miles northwest from the Project area near the San Luis Reservoir and the O’Neill Forebay.2
Impact Analysis
a) Have substantial adverse effect on a scenic vista?
Less than Significant Impact. While distant views of the Sierra Nevada foothills from the Project area exist, no officially designated scenic resources, view sheds, scenic roadways, or recreation areas are located in the vicinity of the Project area. The Project area and the surrounding land does not contain a designated scenic vista identified by the City of Madera General Plan. The proposed bridge would be constructed in a manner consistent with the existing aesthetics of surrounding development and would not result in any adverse visual impacts due to its relatively low-profile height and flat arch design.

Additionally, the proposed bridge would be physically similar to existing surrounding bridges that cross the Fresno River in the City of Madera. The proposed bridge would be ordinary relative to the existing visual character of the neighborhood. Impacts would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. Neither the Project area, nor its nearby surroundings contain a State Scenic Highway. The nearest State Scenic Highway is located approximately 48 miles away. Additionally, the Project design would be consistent with the level of existing and proposed urban development in the area. Therefore, the Project would not damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. There would be no impact. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. Due to the low profile of the proposed bridge and its similar design to other City of Madera bridges, implementation of the Project would not result in a significant change or degrade the existing visual character of the site or its surroundings. Generally, the bridge would be constructed perpendicular to the existing grade of the Fresno River. The Project area’s riverine environment would, for the most part, be maintained. While the site of where the bridge would be constructed would result in minor amounts of vegetation removal, the Project would not disturb the surrounding native vegetation in or around the river that surrounds the proposed bridge. The scenic qualities that the native vegetation provides would be maintained. As such, the Project would not conflict with applicable zoning and other regulations governing scenic quality. The Project would have a less than significant impact on visual character.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
2 (California Department of Transportation 2018)
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Less than Significant Impact with Mitigation Incorporated. The Project would include a new source of light. Lighting on the bridge would be installed consistent with City of Madera Engineering Department Standards. City standards require such lighting to be hooded and directed in a manner not to impact surrounding properties. Implementation of AES-1 will ensure all such lighting will be constructed in that manner.

Federal Cross-Cutting Topic
Wild, Scenic, and Recreational Rivers Act
The National Wild and Scenic Rivers Act was established in 1968, to maintain the natural beauty, biology, and wildness of federally designated “wild,” “scenic,” or “recreational” rivers that may be threatened by construction of dams, diversions, and canals. The act seeks to preserve these designated rivers in their freeflowing condition, and to protect their immediate environments for the benefit and enjoyment of present and future generations. There are no “wild” or “scenic” rivers within or proximate to the Project area.3 Mitigation
AES-1 All outdoor lighting shall be hooded or screened as to direct the source of light downward and directed towards the bridge deck so as not to negatively impact surrounding properties or wildlife in or around the Fresno River.

3 (National Wild and Scenic River System 2020)
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4.2 AGRICULTURE AND FORESTRY RESOURCES
Table 4-2: Agriculture and Forest Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps
prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
Baseline Conditions
The Project area is located in an urbanized area in the city of Madera. The Project area is currently zoned for Planned Development residential uses in the areas where existing residences and right-of-way are developed, and Unclassified where the Fresno River channel runs. The City’s General Plan designates the residential/right-of-way area for Low Density Residential and the river area for Resource Conservation/Agriculture. Neither the Project area nor surrounding properties are subject to a Williamson Act contract.

Farmland Mapping and Monitoring Program (FMMP): The FMMP produces maps and statistical data used for analyzing impacts to California’s agricultural resources. Agricultural land is rated according to soil quality and irrigation status; the best quality land is called Prime Farmland. The maps are updated every two years with the use of a computer mapping system, aerial imagery, public review, and field reconnaissance. The California Department of Conservation’s (DOC) 2018 FMMP is a non-regulatory program that produces “Important Farmland” maps and statistical data used for analyzing impacts on California’s agricultural resources. The Important Farmland maps identify eight land use categories, five of which are agriculture related: prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land — rated according to soil quality and irrigation status. Each is summarized below:

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• PRIME FARMLAND (P): Farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. • FARMLAND OF STATEWIDE IMPORTANCE (S): Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
• UNIQUE FARMLAND (U): Farmland of lesser quality soils used for the production of the state’s leading agricultural crops. This land is usually irrigated but may include non- irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
• FARMLAND OF LOCAL IMPORTANCE (L): Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee. • GRAZING LAND (G): Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit for Grazing Land is 40 acres.
• URBAN AND BUILT-UP LAND (D): Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes.
• OTHER LAND (X): Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. • WATER (W): Perennial water bodies with an extent of at least 40 acres.

As demonstrated in Figure 4-1, the FMMP for the Project area as Urban and Built-Up Land, Vacant or Disturbed Land, and Native Vegetation.4
Impact Analysis
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The Project area is designated as Urban and Built-Up Land, Vacant or Disturbed Land, and Native Vegetation. There are no lands within the Project area that have been determined to be designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, there would be no impact.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project area is not designated, zoned, or used for agricultural related purposes, nor are the Project lands subject to a Williamson Act contract. Therefore, there would be no impact. 4 (Calfornia Department of Conservation 2019)
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c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. There are no lands zoned for forest or timberland use in the Project area. The Project area is located in the boundaries of the City of Madera, specifically in a residential area of the city. Therefore, the Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. There would be no impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As mentioned above, the Project is located in an urban, residential area of the City of Madera.

The Project area does not contain any forest land; therefore, the Project would not result in the loss of forest land or conversion of forest land to non-forest use. There would be no impact. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. The Project proposes to construct a bridge over the Fresno River within the City of Madera.

No aspect of the Project would convert farmland to non-agricultural use or convert forest land to a nonforest use. Moreover, the areas to be served by the bridge have been identified for urban type uses by the City of Madera. Completion of the Project would be consistent with the City of Madera General Plan and would reduce pressure to convert farmland to urban uses by allowing planned areas to urbanize.

Therefore, there would be no impact.

Federal Cross-Cutting Topic
Farmland Protection Act
The Farmland Protection and Policy Act (FPPA) was enacted in 1981 to minimize the loss of prime farmland and unique farmlands because of federal actions that converted these lands to nonagricultural uses. The act assures that federal programs are compatible with state and local governments, and private programs and policies to protect farmland.

As defined by the FPPA, prime farmland is farmland that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and also is available for these uses.

A unique farmland is land other than prime farmland that is used for production of specific, high-value food and fiber crops; it has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops.

As previously concluded, the proposed project is not located on land classified by the DOC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance. These classifications recognize a land' s suitability for agricultural production by considering the physical and chemical characteristics of the soil, such as soil temperature range, depth of the groundwater table, flooding potential, rock fragment content, and rooting depth. The classifications also consider location, growing season, and moisture available to sustain high-yield crops. Together, Important Farmland and Grazing Land are defined by the DOC as "Agricultural Land." The proposed project would be on land that is classified as "Other Lands," which consists of lands supporting miscellaneous uses, such as low-density rural developments; brush, timber, wetland, and Chapter 4: Environmental Impact Analysis
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riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; and water bodies smaller than forty acres. Therefore, no farmland would be converted as a result of the Project.

Therefore, the Project would not conflict with the Farmland Protection and Policy Act or adversely affect prime or unique farmland.

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Figure 4-1. Farmland Map
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4.3 AIR QUALITY
Table 4-3: Air Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Baseline Conditions
Currently there is no bridge connecting North and South Westberry Boulevards.

Applicable Regulations
• Regulation VIII (Fugitive Dust Prohibitions), Regulation VIII (Rules 8011-8081): This regulation is a series of rules designed to reduce particulate emissions generated by human activity, including construction and demolition activities, carryout and trackout, use of paved and unpaved roads and traffic areas, bulk material handling and storage, open space areas, etc. • Rule 8021 – Construction, Demolition, Excavation, and Other Earthmoving Activities: District Rule 8021 requires owners or operators of construction projects to submit a Dust Control Plan to the District if at any time the project involves non-residential developments of five or more acres of disturbed surface area or moving, depositing, or relocating of more than 2,500 cubic yards per day of bulk materials on at least three days of the project. The Project will meet these criteria and will be required to submit a Dust Control Plan to the District in order to comply with this rule. • Rule 9510 – Indirect Source Review: Rule 9510, Indirect Source Review, fulfills the San Joaquin Valley Air Pollution Control District (SJVAPCD) emission reduction commitments in the Particulate Matter less than 10 microns in diameter (PM10) and Ozone Attainment Plans through emission reductions associated with construction and operational activities for projects subject to the rule. Since the project contains more than 20,000 square feet of recreational space it will be required to comply with Rule 9510. Compliance with Rule 9510 is separate from the CEQA process, although the control measures used to comply with Rule 9510 may be used to mitigate CEQA impacts. • Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations: If asphalt paving will be used, then paving operations of the Project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt, and emulsified asphalt for paving and maintenance operations.

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Thresholds
Table 4-4 and Table 4-5 shows the SJVAPCD thresholds of significance for the Project.

Table 4-4: SJVAPCD Thresholds of Significance, Criteria Air Pollutants SJVAPCD Thresholds of Significance (tons/year)
Pollutant Construction Emissions Operation Emissions
ROG 10 10
NOx 10 10
CO 100 100
SOx 27 27
PM10 15 15
PM2.5 15 15
Source: SJVAPCD, May 2015.

Table 4-5: SJVAPCD Thresholds of Significance, Toxic Air Contaminants SJVAPCD Thresholds of Significance
Carcinogenic
Health Effects
Maximally Exposed Individual risk equals or
exceeds 20 in one million
Acute Health
Effects
Hazard Index equals or exceeds 1 for the
Maximally Exposed Individual
Chronic Health
Effects
Hazard Index equals or exceeds 1 for the
Maximally Exposed Individual
Source: SJVAPCD, May 2015.

Impact Analysis
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. CEQA requires that certain projects be analyzed for consistency with the applicable air quality plan. For a project to be consistent with SJVAPCD air quality plans, the pollutants emitted from a project should not exceed the SJVAPCD emission thresholds or cause a significant impact on air quality. In addition, emission reductions achieved through implementation of offset requirements are a major component of the SJVAPCD air quality plans. As discussed below, construction of the Project would not result in the generation of criteria air pollutants that would exceed SJVAPCD thresholds of significance. Implementation of SJVAPCD Regulation VIII would further reduce construction dust impacts.

Operational emissions associated with the Project would not exceed SJVAPCD established significance thresholds for Reactive Organic Gases (ROG), Nitrogen oxides (NOx), Carbon Monoxide (CO), sulfur oxides (SOx), PM10, or PM2.5 emissions. The Project would be subject to Rule 9510, Indirect Source Review (ISR).

The purpose of an ISR is to encourage projects to incorporate clean air measures and reduce emissions of NOx and PM10.
5 Therefore, the Project would not conflict with or obstruct implementation of SJVAPCD air quality plans. Impacts would be less than significant. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. Construction-generated emissions are temporary in duration, site improvements and construction of the Project would take place over approximately six months. The 5 (San Joaquin Valley Air Pollution Control District 2023) Chapter 4: Environmental Impact Analysis
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construction of the Project would result in the temporary generation of emissions associated with site grading and excavation, motor vehicle exhaust associated with construction equipment and worker trips, as well as the movement of construction equipment on unpaved surfaces. Estimated constructiongenerated emissions are summarized in Table 4-6. Operational emissions would be consistent of maintenance visits and are anticipated to be minimal and not further analyzed. Background vehicular emissions are anticipated to decrease due to the trip length-reducing effect of bridge construction.

Table 4-6: Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants Source
Annual Emissions (Tons/Year)
ROG NOX CO SOx PM10 PM2.5
Maximum Annual Proposed Project Emissions: 0.1935 1.4336 1.5472 0.0029 0.0945 0.0704 SJVAPCD Significance Thresholds: 10 10 100 27 15 15
Exceed SJVAPCD Thresholds? No No No No No No
Emissions were quantified using CalEEmod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding.

As Project emissions would not exceed established thresholds, impacts would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The Project would generate diesel particulate matter during construction.

These emissions are short in duration, temporary, and consistent with emissions found in the Project vicinity. A Health Risk Assessment utilizing Hotspots Analysis and Reporting Program (HARP) Air Dispersion Modeling and Risk Assessment Tool version 21081 was prepared for the Project. The analysis used the fence line of single-family residences on each side of the construction site and assumed a sixmonth exposure period. Construction emissions were expected to occur for these six months between 8 a.m. and 5 p.m., with no construction from noon to 1 p.m. The maximum impact was found to be 89 in a million, a significant impact. Mitigation Measure AIR-1 is proposed, as utilizing USEPA Tier 4 Final engines in construction equipment reduces diesel particulate matter by approximately 90%.6 The resulting risk would be below 20 in a million. Therefore, impacts would be less than significant.

Table 4-7: Health Risk Assessment of Construction Emissions Cancer Chronic Acute
Project Construction 89.64 0.19 0
SJVAPCD Significance Thresholds: 20 1 1
Exceed SJVAPCD Thresholds? Yes No No
Project Construction with AIR-1 4.85 0.01 0
Risk was quantified using CalEEmod Output Files Version 2020.4.0 and HARP2 version 21081. Refer to Appendix A for modeling results and assumptions.

6 (California Air Resources Board 2017)
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d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No Impact. Land uses that are typically identified as sources of objectionable odors include landfills, transfer stations, sewage treatment plants, wastewater pump stations, composting facilities, feed lots, coffee roasters, asphalt batch plants, and rendering plants, among other uses. The Project does not include any of these activities or land uses. The Project would therefore have no impact with respect to generation of emissions leading to odors or other adverse or objectionable emissions.

Federal Cross-Cutting Topic
Clean Air Act (CAA)
Under the federal CAA, federal actions conducted in air basins that are not in attainment with the federal ozone standard (such as the San Joaquin Valley Air Basin) must demonstrate conformity with the SIP.

Conformity to a SIP is defined in the federal CAA as meaning conformity to a SIP's purpose of eliminating or reducing the severity and number of violations of the national standards and achieving an expeditious attainment of such standards. The SJVAPCD has published Regulation IX, Rule 9110 (referred as the General Conformity Rule) that indicates how most federal agencies can make such a determination.7 The SJVAPCD specifies that a project is conforming to the applicable attainment or maintenance plan if it:
• complies with all applicable SJVAPCD rules and regulations, • complies with all applicable control measures from the applicable plans, and • is consistent with the growth forecast in the applicable plans.

The SJVAPCD does not require a detailed quantification of construction emissions unless the project's indirect source emissions are expected to increase pollutant emissions of ROG or NOx in excess of 10 tons per year. Because proposed project construction would not exceed this threshold, the proposed project would comply with the conformity criteria.

Mitigation
AIR-1 Project construction equipment shall be equipped with USEPA Tier 4 Final engines or better.

7 The SJVAPCD's Rule 9110 is consistent with USEPA 's General Conformity Rule, Determining Conformity of General Federal Actions to State or Federal Implementation Plans (40 CFR, Part 93), available online at http://www.valleyair.org/rules/currntrules/r9110.pdf.

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4.4 BIOLOGICAL RESOURCES
Table 4-8: Biological Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section
404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Baseline Conditions
The Project is located within the northwest portion in the City of Madera in Madera County, California. A reconnaissance-level field survey of the biological APE and surrounding areas was conducted on August 26, 2022. The field survey consisted of walking and driving the APE while identifying and noting land uses, biological habitats and communities, and plant and animal species encountered and their habitat. The full written report of biological findings is contained in Appendix B. The APE for biological purposes includes paved roads, two irrigation canals, a walking trail, and the Fresno River, with an additional 50-foot buffer surrounding the Project area for a total of 15 acres. Surrounding lands on both sides of the Fresno River are residential neighborhoods with paved roads. The APE and surrounding areas have high human disturbance which deters most wildlife.

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Topography
The Project site is located in Madera County within the San Joaquin Valley California (see Figure 2-3). This area lies within the San Joaquin Valley and the topography is relatively flat with elevations ranging from approximately 240 to 255 feet.

Climate
The city of Madera experiences a Mediterranean climate. Warm, dry summers are followed by cool, moist winters. Summer temperatures range between 80- and 90-degrees Fahrenheit (˚F), but often exceeds 90˚F in the upper reaches of the counties. Winter minimum temperatures are near 40˚F. The average annual precipitation is approximately 13 inches, falling mainly from November to April8.

Hydrology
The Project area lies within two watersheds, Middle Fresno River; Hydrologic Unit Code (HUC):
1804000703, and Root Creek-San Joaquin River; HUC: 1804000108. The proposed Project also lies within two subwatersheds, Schmidt Creek-Fresno River; HUC: 180400070304, and Columbia well; HUC:
180400010805. The Middle Fresno River watershed and Root Creek-San Joaquin River watershed are both comprised of stormwater or snowmelt collected in upland areas which flows down into Rancheria Creek, China Creek, Miami Creek, Carter Creek, Peterson Creek, Crooks Creek, Spangle Gold Creek, Coarse Gold Creek, and Ashbrook Creek, which all flow into the Fresno River. The Fresno River then flows through Hensley Lake and flows through the City of Madera and terminates into the San Joaquin River. The San Joaquin River flows into the Sacramento-San Joaquin River Delta where it meets the Pacific Ocean9.

There are wetlands south of the Fresno River identified utilizing the National Wetland Inventory (NWI10) database, although this area is now developed with residential housing and paved roads. The August 26, 2022, field survey confirmed that wetlands are no longer present in the area or within the APE.

Soils
Three soil mapping units representing two soil types were identified within the APE and are listed in Table 4-9. The soils are displayed with their core properties in the table above, according to the Major Land Resource Area of California 19 map area. Riverwash is found within the channel of the Fresno River and consists of sand.

Table 4-9. List of Soils Located Onsite and Their Basic Properties Soil Soil Map Unit
Percent
of APE
Hydric
Unit
Hydric
Minor
Units
Drainage Permeability Runoff
Grangeville Fine sandy
loam, 0 to 1
percent slopes

38.2% Yes Yes Somewhat
poorly
drained
Rapid
permeability
Very low
runoff
Fine sandy
loam, slightly
saline alkali, 0
to 1 percent
slopes

25.1% Yes Yes Somewhat
poorly
drained
Moderate
permeability
Very low
runoff
8 (Weather Spark 2022)
9 (National Resource Conservation Service (NRCS) 2022)
10 (National Wetlands Inventory (NWI) map 2022)
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Soil Soil Map Unit
Percent
of APE
Hydric
Unit
Hydric
Minor
Units
Drainage Permeability Runoff
Pachappa Fine sandy
loam, slightly
saline-alkali, 0
to 1 percent
slopes

1.1% No No Well drained Moderate
permeability
Low runoff
Riverwash - 35.6% Yes - Excessively
drained
- Very low
runoff
The soils found in the APE are saline-alkali. The key difference between saline-alkali and alkaline soils is that saline soils have a pH less than 8.5 and an exchangeable sodium percentage less than 15, while alkaline soils have a pH greater than 8.5 and an exchangeable sodium percentage higher than 15. Three of the four major soil components were identified as hydric. Three of the ten minor components were identified as hydric. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions such that under sufficiently wet conditions, hydrophytic vegetation can be supported.

The complete Natural Resources Conservation Service (NRCS) Web Soil Survey report is available in Appendix B at the end of this document.

Biotic Habitats
Riverine
The riverine habitat includes an approximate 3.5-acre section of the Fresno River. The river was dry at the time of the biological survey and appeared to have been driven through and cleared of vegetation recently.

Vegetation within the Fresno River included telegraph weed (Heterotheca grandiflora), mule fat (Baccharis salicifolia), willows (Salix sp.), giant reed (Arundo donax), Fremont cottonwood (Populus fremontii), Spanish clover (Acmispon americanus), wire lettuce species (Stephanomeria sp.), Goodding’s willow (Salix gooddingii), and western sycamore (Platanus racemose). The survey of the riverine habitat resulted in the observation of Canada Goose (Branta canadensis), Hummingbird species (Trochilidae sp.), Mourning Dove (Zenaida macroura), and western fence lizard (Sceloporus occidentalis).

Canal
The Canal habitat includes two canals, one to the north of the Fresno River, Lateral Canal 24.2-14.2 and one to the south, Lateral Canal 24.2. They both run parallel to the Fresno River. Vegetation found within the Canals included buffalo gourd (Cucurbita foetidissima), Russian thistle (Salsola tragus), rat's-tail fescue (Vulpia myuros), great brome (Bromus diandrus), and other invasive grasses. Lateral Canal 24.2-14.2 is surrounded by a fence and does not drain to jurisdictional water. Lateral Canal 24.2 has no barriers and eventually connects to the Fresno River and is considered jurisdictional.

Residential
The residential portion of the APE contains houses, paved roads, and a walking trail. Vegetation in this section of the APE included ornamental plants surrounding houses, Chinese pistache trees (Pistacia chinensis), horseweed (Erigeron canadensis), mustard species (Brassica sp.), flatspine bursage (Ambrosia acanthicarpa), puncture vine (Tribulus terrestris), flax leaved horseweed (Erigeron bonariensis), Chinese hackberry tree (Celtis sinensis), Valley oak tree (Quercus lobata), sacred datura (Datura wrightii), Deodar cedar tree (Cedrus deodara), Jeffrey pine (Pinus jeffreyi), Bishop pine (Pinus muricata), western sycamore (Platanus racemose), turkey mullein (Croton setiger), Callery pear (Pyrus calleryana), and mistletoe (Viscum Chapter 4: Environmental Impact Analysis
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November 2023 4-16
album). The survey of the residential habitat resulted in the observation of Western Kingbird (Tyrannus verticalis), California Scrub Jay (Aphelocoma californica), and California ground squirrels (Otospermophilus beecheyi).

Representative photographs of the site at the time of the survey are shown below.

Figure 4-2: Project Site Photos
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Figure 4-3: Project Site Photos
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Figure 4-4: Project Site Photos
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Figure 4-5: Project Site Photos
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Natural communities of special concern
According to the California Natural Diversity Database (CNDDB), there are no recorded observations of natural communities of special concern with potential to occur within the Project area or vicinity. Portions of riparian habitat were identified during the survey, specifically within the Fresno River. Riparian habitats fall under the jurisdiction of California Department of Fish and Wildlife (CDFW) and therefore any work occurring within these areas would require regulatory permitting through this agency.

Special Status Plants and Animals
California contains several “rare” plant and animal species. In this context, rare is defined as species known to have low populations or limited distributions. As the human population grows, urban expansion encroaches on the already-limited suitable habitat. This results in sensitive species becoming increasingly vulnerable to extirpation11. State and federal regulations have provided the CDFW and the United States Fish and Wildlife Services (USFWS) with a mechanism for conserving and protecting the diversity of plant and animal species native to California. Numerous native plants and animals have been formally designated as “threatened” or “endangered” under State and federal endangered species legislation. Other formal designations include “candidate” for listing or “species of special concern” by CDFW. The California Native Plant Society (CNPS) has its list of native plants considered rare, threatened, or endangered. Collectively these plants and animals are referred to as “special status species.” The field survey was conducted outside of the blooming season for most plants.

A thorough search of the CNDDB and Information for Planning and Consultation (IPaC) databases for published accounts of special status plant and animal species was conducted for the Madera 7.5-minute quadrangle that contains the APE in its entirety, and for the eight surrounding quadrangles: Berenda, Kismet, Daulton, Gregg, Herndon, Biola, Gravelly Ford, and Bonita Ranch. These species, and their potential to occur within the APE, are listed in Table 4-10 and Table 4-11 on the following pages. Raw data obtained from CNDDB and IPaC are available Appendix B in at the end of this document.

Table 4-10: List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence within APE
American badger
(Taxidea taxus)
CSC Grasslands, savannas, and mountain
meadows near timberline are preferred.

Most abundant in drier open spaces of
shrub and grassland. Burrows in soil.

Unlikely. The APE and surrounding areas
have high human disturbance and are
unsuitable for this species. An American
Badger could potentially pass through the
APE, but it is unlikely they would forage or
live within the APE. The nearest recorded
observation of this species was
approximately 10.5 miles northeast of the
APE in 1965. The most recent recorded
observation of this species was
approximately 11 miles southwest of the
APE in 2016.

Blunt-nosed leopard
lizard
(Gambelia sila)

FE, CE,
CFP
Inhabits semi-arid grasslands, alkali flats,
low foothills, canyon floors, large washes,
and arroyos, usually on sandy, gravelly, or
loamy substrate, sometimes on hardpan.

Often found where there are abundant
rodent burrows in dense vegetation or tall
grass. Cannot survive on lands under
cultivation. Known to bask on kangaroo
rat mounds and often seeks shelter at the
Unlikely. The APE and surrounding areas
have high human disturbance and lacked
suitable vegetation for this species. The
nearest recorded observation was
approximately 5.5 miles southwest of the
APE in 1990.
11 The word extirpated is used to describe species that no longer exist in a specific region.

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Species Status Habitat Occurrence within APE
base of shrubs, in small mammal burrows,
or in rock piles. Adults may excavate
shallow burrows but rely on deeper preexisting rodent burrows for hibernation and reproduction.

Burrowing Owl
(Athene cunicularia)
CSC Resides in open, dry annual or perennial
grasslands, deserts, and scrublands with
low growing vegetation. Nests
underground in existing burrows created
by mammals, most often ground squirrels.

Possible. The APE and surrounding areas
have high human disturbance which could
discourage this species from residing in
the area. There is suitable habitat, but no
evidence of Burrowing Owls was observed
during the biological survey. The nearest
recorded observation of this species was
approximately 1.5 miles north of the APE
in 2005 but is listed as possibly extirpated.

California tiger
salamander
(Ambystoma
californiense)

FT, CT,
CWL
Requires vernal pools or seasonal ponds
for breeding and small mammal burrows
for aestivation. Generally found in
grassland and oak savannah plant
communities in central California from sea
level to 1500 feet in elevation.

Unlikely. Vernal pools and upland habitat
are absent within the APE and
surrounding areas. The APE and
surrounding areas have high human
disturbance, and the Fresno River is
unsuitable for this species. The most
recent recorded observation of this
species was approximately 3.5 miles
northeast of the APE in 2022.

Coast horned lizard
(Phrynosoma
blainvillii)
CSC Found in grasslands, coniferous forests,
woodlands, and chaparral, primarily in
open areas with patches of loose, sandy
soil and low-lying vegetation in valleys,
foothills, and semi-arid mountains.

Frequently found near ant hills and along
dirt roads in lowlands along sandy washes
with scattered shrubs.

Possible. Appropriate soils and scattered
vegetation occurred throughout the APE.

The only recorded observation of this
species was approximately 9.5 miles
southwest of the APE in 2011.

Delta smelt
(Hypomesus
transpacificus)
FT, CE This pelagic and euryhaline species is
Endemic to the Sacramento-San Joaquin
River Delta, upstream through Contra
Costa, Sacramento, San Joaquin, and
Solano Counties.

Absent. The APE is outside the known
range for this species. The Fresno River
and the Canals that flow through the APE
do not flow perennially and are not
connected to the Delta. There are no
recorded observations of this species on
CNDDB within the regional vicinity of the
Project. This species is currently only
found in the Sacramento-San Joaquin
River Delta, upstream through Contra
Costa, Sacramento, San Joaquin, and
Solano Counties.

Fresno kangaroo rat
(Dipodomys
nitratoides exilis)
FE, CE An inhabitant of alkali sinks open
grassland environments in western Fresno
County. Prefers bare, alkaline, clay-based
soils subject to seasonal inundation with
more friable soil mounds around shrubs
and grasses.

Unlikely. The highly disturbed habitats of
the APE and surrounding lands are
unsuitable for this species. Humans and
domestic dogs were observed within the
APE and surrounding areas which would
deter this species from residing within the
APE. No tail drags were found at any
burrows within the APE. The only
recorded observation of this species was
approximately 6 miles southwest of the
APE in 1934.

Monarch Butterfly
(Danaus plexippus)
FC Roosts located in wind-protected tree
groves (eucalyptus, Monterey pine,
cypress), with nectar and water sources
nearby. Larval host plants consist of
Absent. Foraging and roosting habitat is
absent from within the APE and
surrounding areas. The APE contained
minimal vegetation with no nectar,
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Species Status Habitat Occurrence within APE
milkweeds (Asclepias sp.). Winter roost
sites extend along the coast from
northern Mendocino to Baja California,
Mexico.
milkweeds, or suitable groves of trees and
were not observed during the biological
survey. The nearest observation was
approximately 5 miles south of the APE in
2022.

San Joaquin kit fox
(Vulpes macrotis
mutica)
FE, CT Underground dens with multiple
entrances in alkali sink, valley grassland,
and woodland in valleys and adjacent
foothills.

Unlikely. There were no suitable dens,
tracks, or scat observed during the
biological survey. It is unlikely this species
would reside within the APE due to
human disturbance and domestic dogs
that were observed in the APE during the
biological survey. The nearest recorded
observation of this species was
approximately 9.5 miles southwest of the
APE in 1990.

Swainson’s Hawk
(Buteo swainsoni)
CT Nests in large trees in open areas adjacent
to grasslands, grain or alfalfa fields, or
livestock pastures suitable for supporting
rodent populations.

Possible. There are trees within the APE
and surrounding areas that could support
nesting raptors. The nearest recorded
observation of this species was
approximately 1 mile south of the APE in
2016.

Tricolored Blackbird
(Agelaius tricolor)
CT, CSC Nests colonially near fresh water in dense
cattails or tules, or in thickets of riparian
shrubs. Forages in grassland and cropland.

Large colonies are often found on dairy
farm forage fields.

Possible. Vegetation within the Fresno
River looked like it had been cleared
recently. If vegetation grew back, this
species could nest within the APE. The
nearest recorded observation of this
species was approximately 10 miles
northeast of the APE in 2011.

Valley elderberry
longhorn beetle
(Desmocerus
californicus
dimorphus)
FT Lives in mature elderberry shrubs of the
Central Valley and foothills. Adults are
active March to June.

Absent. No elderberry shrubs were found
within the APE or surrounding areas. The
only recorded observation of this species
was approximately 13.5 miles southeast
of the APE in 1989.

Vernal pool fairy
shrimp
(Branchinecta lynchi)
FT Occupies vernal pools, clear to teacolored water, in grass or mud-bottomed swales, and basalt depression pools.

Absent. Vernal pool habitat is absent from
the APE and surrounding lands. The
nearest recorded observation of this
species was approximately 3.5 miles
northeast of the APE in 2017.

Northwestern pond
turtle
(Emys marmorata)
CSC An aquatic turtle of ponds, marshes, slowmoving rivers, streams, and irrigation ditches with riparian vegetation. Requires
adequate basking sites and sandy banks
or grassy open fields to deposit eggs.

Possible. Suitable habitat is present within
the APE. This species is often found in
slow moving rivers and irrigation canals.

There are no recorded observations of
this species on CNDDB within the regional
vicinity of the Project.

Western spadefoot
(Spea hammondii)
CSC Prefers open areas with sandy or gravelly
soils, in a variety of habitats including
mixed woodlands, grasslands, coastal sage
scrub, chaparral, sandy washes, lowlands,
river floodplains, alluvial fans, playas,
alkali flats, foothills, and mountains.

Vernal pools or temporary wetlands,
lasting a minimum of three weeks, which
do not contain bullfrogs, fish, or crayfish
are necessary for breeding.

Possible. Suitable habitat is present within
the APE. This species is often found in
rivers and irrigation canals. The nearest
recorded observation of western
spadefoot was approximately 2.5 miles
north of the APE in 2015. The most recent
recorded observation of this species was
approximately 3.5 miles northeast of the
APE in 2021.

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Table 4-11: List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence within APE
Alkali-sink goldfields
(Lasthenia
chrysantha)
CNPS 1B Found in vernal pool and wet saline flat
habitats. Occurrences documented in the
San Joaquin and Sacramento Valleys at
elevations below 656 feet. Blooms
February - April.

Possible. Saline-alkali soils are present
within the APE and the surrounding areas.

The only recorded observation of this
species is approximately 13.5 miles south
of the APE in 1956 but is listed as possibly
extirpated.

California alkali grass
(Puccinellia simplex)
CNPS 1B Found in the San Joaquin Valley and other
parts of California in saline flats and
mineral springs within valley grassland
and wetland-riparian communities at
elevations below 3000 feet. Blooms
March–May.

Possible. Aquatic habitat and saline-alkali
soils are present within the APE. The
nearest recorded observation of this
species was approximately 6.8 miles
southwest of the APE in 2011.

Greene’s tuctoria
(Tuctoria greenei)

FE, CR,
CNPS 1B
Found in the San Joaquin Valley and other
parts of California in vernal pools within
valley grassland, wetland, and riparian
communities at elevations below 3500
feet. Blooms May – September.

Unlikely. The APE is outside of the known
current range of this species. The only
recorded observation of this species was
approximately 6.5 miles southeast of the
APE in 1987 but is listed as possibly
extirpated.

Hairy Orcutt grass
(Orcuttia pilosa)

FE, CE,
CNPS 1B
Found in vernal pools in valley grassland,
wetland, and riparian communities at
elevations below 650 feet. Blooms May –
September.

Possible. Aquatic habitat is present within
the APE and surrounding lands. The
nearest recorded observation of this
species was approximately 5.5 miles east
of the APE in 2017.

Heartscale
(Atriplex cordulata
var. cordulata)
CNPS 1B Found in the San Joaquin Valley and
Sacramento Valley in saline or alkaline
soils within shadscale scrub, valley
grassland, and wetland-riparian
communities at elevations below 230
feet. Blooms June–July.

Possible. Aquatic habitat and saline-alkali
soils are present within the APE and
surrounding lands. The only recorded
observation of this species was
approximately 8 miles southwest of the
APE in 2000.

Lesser saltscale
(Atriplex minuscula)
CNPS 1B Found in the San Joaquin Valley in sandy,
alkaline soils in alkali scrub, valley and
foothill grassland, and alkali sink
communities at elevations below 750
feet. Blooms April–October.

Possible. Required habitat and salinealkali soils are present within the APE and surrounding lands. The most recent
recorded observation of this species was
approximately 10 miles northwest of the
APE in 2000.

Madera leptosiphon
(Leptosiphon
serrulatus)
CNPS 1B Found in openings in foothill woodland,
often yellow-pine forest, and chaparral at
elevations between 1000 feet and 4300
feet. Blooms April – May.

Absent. The APE is outside of the
elevational requirements of this species.

Required habitats are absent within the
APE and surrounding lands. The only
recorded observation of this species was
approximately 1 mile east of the APE in
1889.

Munz’s tidy-tips
(Layia munzii)
CNPS 1B Found in the San Joaquin Valley in alkaline
clay soils; often along hillsides in alkali
scrub and sometimes valley and foothill
grassland. Occurs at elevations between
145 feet and 2625 feet Blooms March–
April.

Absent. Required habitat and soils are
absent within the APE and surrounding
lands. The only recorded observation of
this species was mapped to the general
area of Madera in 1937.

Recurved larkspur
(Delphinium
recurvatum)
CNPS 1B Occurs in poorly drained, fine, alkaline
soils in grassland and alkali scrub
communities at elevations between 100
feet and 2600 feet. Blooms March–June.

Absent. Required soils are absent within
the APE and surrounding lands. The only
recorded observation of this species was
approximately 8 miles southwest of the
APE in 2000.

San Joaquin Valley
Orcutt grass
(Orcuttia inaequalis)

FT, CE,
CNPS 1B
Found in the eastern San Joaquin Valley
and the Sierra Nevada foothills in vernal
pools within valley grassland, freshwater
wetland, and wetland-riparian
Absent. Required vernal pool habitat and
associated soils are absent within the APE
and surrounding lands. The nearest
recorded observation of this species was
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Species Status Habitat Occurrence within APE
communities at elevations below 2600
feet. Blooms April – September.
approximately 5.5 miles northeast of the
APE in 2010 but is listed as extirpated.

Sanford’s arrowhead
(Sagittaria sanfordii)
CNPS 1B Found in the San Joaquin Valley and other
parts of California in freshwater-marsh,
primarily ponds and ditches, at elevations
below 1000 feet. Blooms May–October.

Possible. Suitable aquatic habitat occurs
within the Canals. The only recorded
observation of this species was
approximately 15.5 miles southeast of the
APE in 2020.

Shining navarretia
(Navarretia
nigelliformis ssp.
radians)
CNPS 1B Found in cismontane woodland and valley
and foothill grassland communities,
sometimes in vernal pools. Occurs at
elevations between 200 feet and 3200
feet. Blooms May – July.

Absent. Vernal pool habitat and acidic
soils are absent from the APE and
surrounding areas. The nearest recorded
observation of this species was
approximately 6 miles northeast of the
APE in 1927.

Spiny-sepaled buttoncelery
(Eryngium
spinosepalum)
CNPS 1B Found in the Sierra Nevada Foothills and
the San Joaquin Valley. Occurs in vernal
pools, swales, and roadside ditches. Often
associated with clay soils in vernal pools
within grassland communities. Occurs at
elevations between 50 feet and 4160 feet.

Blooms April–July.

Absent. Vernal pool habitat and required
clay soils are absent from the APE and
surrounding areas. The most recent
recorded observation of this species was
approximately 10 miles southwest of the
APE in 2000.

Subtle orache
(Atriplex subtilis)
CNPS 1B Found in the San Joaquin Valley in saline
depressions in alkaline soils within valley
and foothill grassland communities at
elevations below 330 feet. Blooms June–
October.

Absent. Alkaline soils are not present
within the APE. The most recent recorded
observation of this species was
approximately 10 miles southwest of the
APE in 2009.

Succulent owl’s-clover
(Castilleja campestris
var. succulenta)

FT, CE,
CNPS 1B
Found in vernal pools, often in acidic soils
at elevations below 2500 feet. Blooms
April – July.

Absent. Vernal pool habitat and acidic
soils are absent from the APE and
surrounding areas. The nearest recorded
observation of this species was
approximately 7.5 miles east of the APE in
1982.

Vernal pool smallscale
(Atriplex persistens)
CNPS 1B Occurs in the San Joaquin Valley and
Sacramento Valley in alkaline vernal pools
at elevations below 375 feet. Blooms
June–September.

Absent. Vernal pool habitat and acidic
soils are absent from the APE and
surrounding areas. The most recent
recorded observation of this species was
approximately 6.5 miles southwest of the
APE in 2009.

EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES

Present: Species observed on the site at time of field surveys or during recent past.

Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis.

Possible: Species not observed on the site, but it could occur there from time to time.

Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient.

Absent: Species not observed on the site and precluded from occurring there due to absence of suitable habitat.

STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FC Federal Candidate CFP California Fully Protected
CSC California Species of Concern
CWL California Watch List
CR California Rare

CNPS LISTING
1B Plants Rare, Threatened, or Endangered in California and elsewhere.

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Applicable Regulations
Threatened and Endangered Species
Permits may be required from the USFWS and/or CDFW if activities associated with a project have the potential to result in the “take” of a species listed as threatened or endangered under the federal and/or state Endangered Species Acts. Take is defined by the State of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). Take is more broadly defined by the federal Endangered Species Act to include “harm” (16 United States Code (USC), Section 1532(19), 50 Code of Federal Regulation (CFR), Section 17.3). CDFW and USFWS are responsible agencies under CEQA and the National Environmental Policy Act (NEPA). Both agencies review CEQA and NEPA documents in order to determine the adequacy of their treatment of endangered species issues and to make project-specific recommendations for their conservation.12 Designated Critical Habitat
When species are listed as threatened or endangered, the USFWS often designates areas of “Critical Habitat” as defined by Section 3(5)(A) of the federal Endangered Species Act (ESA). Critical Habitat is a term defined in the ESA as a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical Habitat is a tool that supports the continued conservation of imperiled species by guiding cooperation with the federal government. Designations only affect federal agency actions or federally funded or permitted activities. Critical Habitat does not prevent activities that occur within the designated area. Only activities that involve a federal permit, license, or funding and are likely to destroy or adversely modify Critical Habitat would be affected.13
Migratory Birds
The Federal Migratory Bird Treaty Act (MBTA) (16 USC 703-712) prohibits killing, possessing, or trading in any bird species covered in one of four international conventions to which the United States is a party, except in accordance with regulations prescribed by the Secretary of the Interior. The name of the act is misleading, as it covers nearly all bird’s native to the United States, even those that are non-migratory. The MBTA encompasses whole birds, parts of birds, nests, and eggs. Additionally, California Fish and Game Code makes it unlawful to take or possess any non-game bird covered by the MBTA (Section 3513), as well as any other native non-game bird (Section 3800).14
Birds of Prey
Birds of prey are protected in California under provisions of Fish and Game Code (Section 3503.5), which states that it is unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks and eagles) or Strigiformes (owls), as well as their nests and eggs. The Bald Eagle and Golden Eagle are afforded additional protection under the federal Bald and Golden Eagle Protection Act (16 USC 668), which makes it unlawful to kill birds or their eggs.15
12 (California Department of Fish and Wildlife 2022)
13 (United States Fish and Wildlife Service. 2022)
14 (United States Fish and Wildlife Service. 2022)
15 (United States Fish and Wildlife Service. 2022)
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Nesting Birds
In California, protection is afforded to the nests and eggs of all birds. California Fish and Game Code (Section 3503) states that it is “unlawful to take, possess, or needlessly destroy the nest or eggs of any bird except as otherwise provided by this code or any regulation adopted pursuant thereto”. Breeding-season disturbance that causes nest abandonment and/or loss of reproductive effort is considered a form of “take” by the CDFW.16
Wetlands and other “Jurisdictional Waters”
Natural drainage channels and adjacent wetlands may be considered “waters of the United States” or “jurisdictional waters” subject to the jurisdiction of the United States Army Corps of Engineers (USACE).

The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts. Jurisdictional waters generally include:

All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands;
• All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce; • All impoundments of waters otherwise defined as waters of the United States under the definition; • Tributaries of waters identified in paragraphs the bulleted items above.

As of October 2021, the regulations have reverted back to 2015 compliance standards. As determined by the United States Supreme Court in its 2001 Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers decision, channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Similarly, in its 2006 consolidated Carabell/Rapanos decision, the Supreme Court ruled that a significant nexus between a wetland and other navigable waters must exist for the wetland itself to be considered a navigable and therefore jurisdictional water. Furthermore, the Supreme Court clarified that the United States Environmental Protection Agency (USEPA) and the USACE will not assert jurisdiction over ditches excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water.

The USACE regulates the filling or grading of Waters of the United States under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary highwater marks” on opposing channel banks. All activities that involve the discharge of dredge or fill material into Waters of the United States are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that results in no net loss of wetland functions or values. No permit can be issued until the Regional Water Quality Control Board RWQCB issues a Section 401 Water Quality Certification (or waiver of such certification) verifying that the proposed activity will meet State water quality standards.

Under the Porter-Cologne Water Quality Control Act of 1969, the SWRCB has regulatory authority to protect the water quality of all surface water and groundwater in the State of California (“Waters of the State”). Nine RWQCBs oversee water quality at the local and regional level. The RWQCB for a given region regulates discharges of fill or pollutants into Waters of the State through the issuance of various permits and orders. Discharges into Waters of the State that are also Waters of the United States require a Section 16 (United States Fish and Wildlife Service. 2022)
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401 Water Quality Certification from the RWQCB as a prerequisite to obtaining certain federal permits, such as a Section 404 Clean Water Act permit. Discharges into all Waters of the State, even those that are not also Waters of the United States., require Waste Discharge Requirements (WDRs), or waivers of WDRs, from the RWQCB. The RWQCB also administers the Construction Storm Water Program and the federal National Pollution Discharge Elimination System (NPDES) program. Projects that disturb one acre or more of soil must obtain a Construction General Permit under the Construction Storm Water Program. A prerequisite for this permit is the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer. Projects that discharge wastewater, storm water, or other pollutants into a Water of the United States may require a NPDES permit.

CDFW has jurisdiction over the bed and bank of natural drainages and lakes according to provisions of Section 1601 and 1602 of the California Fish and Game Code. Activities that may substantially modify such waters through the diversion or obstruction of their natural flow, change or use of any material from their bed or bank, or the deposition of debris require a notification of a Lake or Streambed Alteration. If CDFW determines that the activity may adversely affect fish and wildlife resources, a Lake or Streambed Alteration Agreement would be prepared. Such an agreement typically stipulates those certain measures will be implemented to protect the habitat values of the lake or drainage in question.17 City of Madera General Plan
The City of Madera General Plan Document18 contain the following goals and policies related to the Project:

Biology
Goal Con-7: Protection of special-status plant and animal species, including their habitats, in compliance with all applicable state, federal, and other laws and regulations.

Goal Con-8: A balance between the protection of special status plants and animals and the need to provide recreational opportunities and other needs.

Goal Con-10: A revitalized Fresno River which serves as an amenity, a source of civic pride, and a catalyst for residential and commercial development.

Water Quality
Policy Con-11: The City shall protect and maintain water quality for the health of all users, including natural plant and animal communities.

Biological Resources
Policy Con-23: The City shall seek to conserve and improve native wildlife and plant habitat in cooperation with governmental agencies, private associations, and individuals in Madera. Residential, commercial, industrial, and recreational projects shall avoid impacts to native wildlife and plant habitat to the extent feasible.

Policy Con-24: Residential, commercial, industrial, and recreational projects shall avoid impacts to native wildlife and plant habitat to the extent feasible.
17 (United States Environmental Protection Agency (USEPA) 2021) 18 (City of Madera 2009)
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Impact Analysis
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less than Significant Impact with Mitigation Incorporated. Species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations by CDFW or USFWS that have the potential to be impacted by the Project are Burrowing Owl, coast horned lizard, Swainson’s Hawk, Tricolored Blackbird, northwestern pond turtle, western spadefoot, alkali-sink goldfields, California alkali grass, hairy Orcutt grass, heartscale, lesser saltscale, and Sanford’s arrowhead. Discussion and corresponding mitigation measures are provided below.

Project-Related Mortality and/or Disturbance of Nesting Raptors, Migratory Birds, and Special Status Birds
The APE contains suitable nesting and/or foraging habitat for a variety of ground and tree nesting avian species. It is anticipated that during nesting bird season, numerous species of birds could use the APE for nesting. Swainson’s Hawks and Tricolored Blackbirds were deemed the only special status species possible to occur within the APE. Trees near the APE have the potential to host a multitude of nesting birds, and species such as Killdeer (Charadrius vociferus) are known to build nests on bare ground or compacted dirt roads. Construction activities could disturb birds nesting within or adjacent to work areas, resulting in nest abandonment. Construction activities that adversely affect the nesting success of raptors and migratory birds or result in the mortality of individual birds constitute a violation of State and federal laws and are considered a significant impact under CEQA and NEPA. Birds nesting within the APE during construction have the potential to be injured or killed by Project-related activities. In addition to the direct “take” of nesting birds, nesting birds within the APE or adjacent areas could be disturbed by Project-related activities resulting in nest abandonment. Projects that adversely affect the nesting success of raptors and migratory birds or result in the mortality of individual birds is considered a violation of State and federal laws and are considered a potentially significant impact under CEQA and NEPA.

Mitigation measures are warranted and are identified in Section 4.4.4 below. Implementation of Mitigation Measures BIO-6, BIO-7, BIO-8, and BIO-9 will reduce potential impacts to nesting raptors, migratory birds, and special status birds to a less than significant level under CEQA and will ensure compliance with State and federal laws protecting these avian species.

Project-Related Mortality and/or Disturbance of Burrowing Owls The APE contains suitable nesting and/or foraging habitat for Burrowing Owls. Construction activities that adversely affect the nesting success of Burrowing Owls or result in the mortality of individual birds constitute a violation of State and federal laws and are considered a significant impact under CEQA and NEPA. Birds nesting within the APE during construction have the potential to be injured or killed by Project-related activities. In addition to the direct “take” of nesting birds, nesting birds within the APE or adjacent areas could be disturbed by Project-related activities resulting in nest abandonment. Projects that adversely affect the nesting success of migratory birds or result in the mortality of individual birds is considered a violation of State and federal laws and are considered a potentially significant impact under CEQA and NEPA.

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Mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-10, BIO-11, and BIO-12, impacts to Burrowing Owls during construction would be less than significant.

Project-Related Mortality and/or Disturbance of Coast Horned Lizards Habitats and soils within the APE and surrounding area were determined to be suitable for coast horned lizards, a California Species of Special Concern. Construction activities occurring within occupied habitat could result in injury, mortality, displacement, disturbance, or inhibit the movement of this species.

Implementation of mitigation measure BIO-1 listed above, requires each employee, worker, or visitor onsite to attend a mandatory training session, including printed educational materials regarding the conservation status of special status amphibians with potential to occur onsite, laws protecting these species, penalties for violation of those laws, and a list of required protective measures that must be employed to avoid “take” or other significant impacts. Additionally, mitigation measure BIO-2 requires implementation of Best Management Practices (BMPs) on the work site which would avoid and minimize potential impacts to special status species.

Mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-13, BIO-14, BIO-15, and BIO-16, impacts to Coast Horned Lizards during construction would be less than significant.

Project-Related Morality and/or Disturbance of Bats
Although no special status bat species were identified as possible to occur within the APE there is the possibility for common bat species to occur within the APE. Roosting habitat becomes especially sensitive to bat populations during the maternity season (March 1 to September 30) while pups are maturing. A survey for bats was determined to be necessary to identify if Project activities would impact existing bat habitat, presence of high-quality roosting habitat, and/or foraging areas within the APE. Trees within the APE would be removed during the Project and could potentially be used as roosting habitat for bat species. Implementation of the following measures will reduce potential impacts to roosting and foraging bats to a less than significant level under CEQA and ensure compliance with State and federal laws protecting these bat species.

Mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-17, BIO-18, BIO-19, BIO-20, and BIO-21, impacts to bats during construction would be less than significant.

Project-Related Morality and/or Disturbance of Northwestern Pond Turtle Western pond turtles were once a single species known as Actinemys marmorata but was split into two distinct species by Spinks et al. in 201419. The two distinct species are now known as Northwestern pond turtles (Actinemys marmorata) and Southwestern pond turtles (Actinemys pallida). The Northwestern Pond turtle (NPT) range extends from Washington State south and inland through California’s San Joaquin Valley. The Southwestern Pond turtle (SPT) range extends from the south of the San Francisco Bay along the central California coast to Baja California.20 The top four threats for NPT are predation by nonnative species, pathogens, land alterations, and drought. The top three threats for SPT were drought, predation by nonnative species, floods, and land alteration21. The APE lies within the San Joaquin Valley where only NPT inhabit. NPT habitat features for nesting, overwintering, dispersal, and basking and can occur in the 19 (Spinks PQ 2014)
20 (Spinks PQ 2014)
21 (Manzo S 2021)
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APE. These features include aquatic and terrestrial habitats such as ponded areas, irrigation canals, riparian, and upland habitat. NPT are known to nest in the spring or early summer within 100 meters of a water body, although nest sites as far away as 500 meters have also been reported. Noise, vegetation removal, movement of workers, construction, and ground disturbance as a result of Project activities have the potential to significantly impact NPT populations. Without appropriate avoidance and minimization measures for NPT, potentially significant impacts associated with Project activities could include nest reduction, inadvertent entrapment, reduced reproductive success, reduction in health or vigor of eggs and/or young, and direct mortality.

Mitigation measures are warranted and are identified in Section 4.4.44.1.4 below. With implementation of mitigation measures BIO-22, BIO-23, and BIO-24, impacts NPT during construction would be less than significant.

Project-Related Morality and/or Disturbance of Western Spadefoot Habitats within the APE and surrounding area were determined to be suitable for western spadefoot, a California Species of Special Concern. Construction activities occurring within occupied habitat could result in injury, mortality, displacement, disturbance, or inhibit the movement of this species.

Implementation of mitigation measure BIO-1 listed above, requires each employee, worker, or visitor onsite to attend a mandatory training session, including printed educational materials regarding the conservation status of special status amphibians with potential to occur onsite, laws protecting these species, penalties for violation of those laws, and a list of required protective measures that must be employed to avoid “take” or other significant impacts. Additionally, mitigation measure BIO-2 requires implementation of BMPs on the work site which would avoid and minimize potential impacts to special status species.

Mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-25, BIO-26, BIO-27, BIO-28, and BIO-29, impacts to western spadefoot during construction would be less than significant.

Project-Related Morality and/or Disturbance to Special Status Plant Species The following special status plant species were identified to potentially occur within or adjacent to the APE: alkali-sink goldfields, California alkali grass, hairy Orcutt grass, heartscale, lesser saltscale, and Sanford’s arrowhead. The survey of the APE was conducted outside the blooming season for these plants, therefore, a more detailed survey within the blooming season would be required to determine presence or absence. Projects that adversely affect special status plants or result in the mortality of special status plants is considered a violation of State and federal laws and are considered a potentially significant impact under CEQA and NEPA.

Mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-30, BIO-31, and BIO-32, impacts to these special status plant species during construction would be less than significant.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less than Significant Impact with Mitigation Incorporated. There are no CNDDB-designated “natural communities of special concern” recorded within the APE or surrounding lands. Riparian habitat was identified during the survey, specifically within the Fresno River. Portions of the riparian habitat would Chapter 4: Environmental Impact Analysis
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be removed during Project activities. Riparian habitat falls under the jurisdiction of CDFW and therefore any work occurring within these areas would require regulatory permitting through this agency. c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than Significant Impact with Mitigation Incorporated. The Project involves the construction of a bridge over the Fresno River. An Aquatic Resources Delineation (ARD), attached as Appendix D, was conducted on August 26, 2022, to evaluate the site for potential waters of the United States and delineate potential jurisdictional boundaries of these features. The investigation and delineation were conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, the Arid West Regional Supplement,
22 the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State,
23 and the USFWS, NWI Map was consulted for known wetlands in the area.

The Fresno River within the APE, below the ordinary high-water mark (OHWM), would most likely fall under the jurisdiction of USACE as a waters of the United States and construction activities in this area would be subject to USACE permit requirements pursuant to Section 404 of the CWA. This Project may be authorized under a Nationwide Permit but could require an individual permit if Nationwide Permit limits are exceeded. In addition, a Section 401 of the Clean WaterAct Water Quality Certification from the RWQCB is required for dredge and fill of waters of the State and activities must meet State water quality standards. These permits and certifications are typically issued on the condition that the applicant agrees to provide mitigation that result in no net loss of wetland functions, jurisdictional waters, or beneficial uses. An ARD was performed on the Fresno River and Lateral Canal 24.2-14.2 to determine the channel and OHWM.

If the Project’s construction work would result in impacts to waters of the United States, the Project proponent would be required to secure permits from USACE and RWQCB. Compliance with each permit requires avoidance, minimization, and mitigation measures to ensure that Project-related impacts to these potentially jurisdictional waters are less-than-significant in nature or are fully mitigated.

Project activities with potential to alter the Fresno River including the bed, bank, floodplain and associated riparian habitat, would be within CDFWs jurisdiction, pursuant to Section 1602 of the California Fish and Game Code. The Project proponent would be required to notify CDFW if the Project’s activities have potential to impact rivers, streams, or the riparian corridor of any aquatic features onsite that may be beneficial to fish or wildlife resources. If CDFW determines that the Project could potentially adversely affect fish and wildlife resources and/or riparian habitat, a Lake or Streambed Alteration (LSA) Agreement would be issued prior to construction. LSA Agreements are typically issued with mandatory avoidance and minimization measures, protective measures for special status species, and required compensatory mitigation for removal of riparian trees, shrubs, and herbaceous cover along the banks.

Compliance with measures of the LSA Agreement would ensure that the Project’s impacts to aquatic features and riparian habitat within CDFW’s jurisdiction remain less-than-significant or are fully mitigated.

There are no designated wild and scenic rivers within the APE; therefore, the Project would not result in direct impacts to wild and scenic rivers. Compliance with USACE, RWQCB, and CDFW permits, 22 (United States Army Corps of Engineers 1987)
23 (State Water Resources Control Board 2021)
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certifications, and agreements would ensure there are no indirect downstream effects to jurisdictional waters.

Since construction would involve ground disturbance over an area greater than one acre, the Project would also be required to obtain a Construction General Permit under the Construction Storm Water Program administered by the RWQCB. A prerequisite for this permit is the development of a SWPPP to ensure construction activities do not adversely affect water quality. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact with Mitigation Incorporated. The APE does contain features that would be likely to function as wildlife movement corridors. The Fresno River and the Canals could be used as wildlife movement corridors. Many game trails and tracks were observed within the Fresno River during the biological field survey. The Project could influence the use of a wildlife movement corridor and mitigation measures are warranted and are identified in Section 4.4.4 below. With implementation of mitigation measures BIO-3, BIO-4, and BIO-5, impacts to wildlife movement corridors during construction would be less than significant. Migratory fish species would not be expected to occur within the Fresno River or the Canals. The Fresno River and Canals lack water for most of the year and work would only occur while they are dry.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project is consistent with the goals and policies of the City of Madera General Plan. Tree removal along the walking trail would be a part of Project activities but there is no permitting process for tree removal within the City of Madera. There would be no impact. Any riparian vegetation that is removed would fall under the jurisdiction of CDFW and therefore any work occurring within these areas would require regulatory permitting through this agency. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project is consistent with the goals and policies of the City of Madera General Plan. There are no known habitat conservation plans or a Natural Community Conservation Plan in the Project vicinity. There would be no impact.

Mitigation
General
BIO-1a (WEAP Training): Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction will attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in identifying special status resources that may occur in the APE.

The specifics of this program will include identification of the sensitive species and suitable habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. This training will discuss special status species, describe the laws and regulations in Chapter 4: Environmental Impact Analysis
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place to provide protection of these species, identify the penalties for violation of applicable environmental laws and regulations, and a list of required protective measures to avoid “take.” A fact sheet conveying this information, along with photographs or illustrations of sensitive species with potential to occur onsite, will also be prepared for distribution to all contractors, their employees, and all other personnel involved with construction of the Project. All employees will sign a form documenting that they have attended WEAP training and understand the information presented to them.

BIO-1b (BMPs): The Project proponent will ensure that all workers employ the following BMPs in order to avoid and minimize potential impacts to special status species:
• Vehicles will observe a 15-mph speed limit while on unpaved access routes. • Workers will inspect areas beneath parked vehicles prior to mobilization. If special status species are detected beneath vehicles, the individual will either be allowed to leave of its own volition or will be captured by the qualified biologist (must possess appropriate collecting/handling permits) and relocated out of harm’s way to the nearest suitable habitat beyond the influence of the Project work area. “Take” of a listed (rare, threatened, or endangered) species is prohibited.

Wildlife Movement Corridors
BIO-2a (Operational Hours): Construction activities will be limited to daylight hours to reduce potential impacts to wildlife movement corridors.

BIO-2b (Wildlife Access): At no point will access to the river and canals be blocked outside of construction hours or during overnight hours or weekends. If construction must block both sides of a wildlife access route, an alternative route through the construction area will be identified by a qualified biologist and maintained throughout the construction schedule timeframe.

BIO-2c (Cover Excavations): Pipeline/culvert/siphon excavations and vertical pipes will be covered each night to prevent wildlife from falling in and becoming trapped or injured during migratory or dispersal movements.

Nesting Raptors, Migratory Birds, and Special Status Birds BIO-3a (Avoidance): The Project’s construction activities will occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds. If all Project activities will occur outside of nesting bird season, no further mitigation is required.

BIO-3b (Pre-construction Surveys): If activities must occur within nesting bird season (February 1 to September 15), a qualified biologist will conduct a pre-construction survey for nesting birds including Swainson’s Hawk onsite and within a 0.5-mile radius. This survey will be conducted in accordance with the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley, 24 and the Staff Guidance
24 (Swainson's Hawk Technical Advisory Committe 2000)
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Regarding Avoidance of Impacts to Tricolored Blackbird Breeding Colonies on Agricultural Fields,
25 or current guidance. The Swainson’s Hawk survey will not be completed between April 21 to June 10 due to the difficulty of identifying nests during this time of year. The pre-construction survey would also provide a presence/absence survey for all other nesting birds within the APE and an additional 50 feet, no more than seven (7) days prior to the start of construction. All raptor nests would be considered “active” upon the nest-building stage.

BIO-3c (Establish Buffers): On discovery of any active nests or breeding colonies near work areas, the biologist will determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question.

Active Swainson’s Hawk nests will receive a 0.5-mile buffer and active Tricolored Blackbird nests will receive a 200-foot buffer. Reduced buffer distances may be appropriate for Swainson’s Hawk and Tricolored Blackbirds depending on site conditions and ongoing disturbance levels and may be discussed with CDFW. Construction buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the biologist has determined that the nestlings have fledged.

BIO-3d (Incidental Take Permit (ITP)): In the event an active Swainson’s Hawk nest, Tricolored Blackbird nest, or other nest are detected during surveys and cannot be avoided, consultation with CDFW will be warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code section 2081, subdivision (b) is necessary to comply with the California Endangered Species Act (CESA).

Burrowing Owls
BIO-4a (Pre-construction Take Avoidance Survey): A qualified biologist will conduct a preconstruction take avoidance survey for burrowing owls in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation,26 within thirty (30) days prior to the start of construction activities. The survey will include the proposed work area and surrounding lands within 250 feet. If no burrowing owl individuals or suitable burrows are observed, no further mitigation is required.

BIO-4b (Avoidance/Monitoring): If an active burrowing owl burrow is detected, a qualified biologist will remain onsite to monitor and the occurrence will be reported to the local CDFW office and the CNDDB. A disturbance-free buffer will be implemented in accordance with CDFW’s 2012 Staff Report on Burrowing Owl Mitigation, as outlined in the table below:
25 (California Emissions Estimator Model (CalEEMod) version 2013.2.2 n.d.) 26 (Placeholder2)
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BIO-4c (Consultation with CDFW and Passive Relocation): If avoidance of an active burrowing owl burrow is not feasible, CDFW will be immediately consulted to determine the best course of action, which may include passive relocation during non-breeding season.

Passive relocation and/or burrow exclusion will not take place without coordination with CDFW and preparation of an approved exclusion and relocation plan.

Coast Horned Lizards
BIO-5a (Pre-construction Survey): A qualified biologist will conduct a pre-construction survey of Project areas within thirty (30) days prior to vegetation clearing or ground disturbing activities. Environmentally sensitive areas will be flagged for avoidance. If Coast horned lizards are detected, construction monitoring will be required. Surveys will not take place when daytime temperatures are below 60˚F or above 95˚F. If no suitable habitat or species observations are found, no further mitigation is required.

BIO-5b (Monitor): If species observations are found, a qualified biologist will conduct a preactivity clearance survey each day and remain onsite to oversee all vegetation clearing and ground disturbing activities conducted within suitable habitat for Coast horned lizards. If a listed species is observed within the Project area, the biologist will stop work and allow the species to leave the site of its own volition or contact the appropriate regulatory agency (CDFW and/or USFWS) for guidance on how to proceed.

BIO-5c (ITP): In the event Coast horned lizards are detected during surveys and cannot be avoided, or a biological monitor is not on-site through construction, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code section 2081, subdivision (b) is necessary to comply with CESA.

BIO-5d (Mortality Reporting): The Sacramento Field Office of USFWS and the Fresno Field Office of CDFW will be notified in writing within three working days in the case of the accidental death or injury to a Coast horned lizard during construction. Notification must include the date, time, and location of the incident and any other pertinent information.

Bats
BIO-6a (Avoidance): The Project’s construction activities will occur, if feasible, between November 1 and February 28 (outside of bat maternity season) in an effort to avoid impacts to maternity roosts.

BIO-6b (Pre-Construction Survey): A pre-construction survey for bats will be performed if construction activities fall between March 1 and September 30 (bat maternity season) and include tree removal. The survey will be focused on trees to be removed during construction and be conducted by a qualified biologist within fourteen (14) days prior to tree removal. All trees will be inspected for potential roosting habitat. This survey can be performed simultaneously with nesting bird surveys.

BIO-6c (Emergence Survey): An emergence bat survey will be performed if suitable habitat or trees for roosting bats are found during the pre-construction survey. This survey will take place between May and September (outside of bat hibernation) and will be conducted during dusk hours. The survey will be focused on trees to be removed during Chapter 4: Environmental Impact Analysis
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construction and will be conducted by a qualified biologist within two (2) days prior to tree removal.

BIO-6d (Establish Buffers): On discovery of any bat roosts near work areas, a qualified biologist should determine appropriate construction setback distances (buffer zones) based on applicable CDFW and/or USFWS guidelines, if appropriate. Construction buffers should be identified with flagging, fencing, or other easily visible means, and should be maintained until the biologist has determined that the roost should no longer be impacted by construction.

BIO-6e (Operational Hours): Construction activities shall be limited to daylight hours to reduce potential impacts to special status bats that could be foraging onsite.

Northwestern Pond Turtle (NPT)
BIO-7a (Pre-construction Survey): No less than fourteen (14) days and no more than thirty (30) days prior to the start of construction, a qualified biologist will conduct a preconstruction survey for NPT within the Fresno River and Canals, as well as adjacent to the proposed work area. Pre-construction surveys will be conducted in accordance with the United States Geological Survey Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion27. Surveys will be conducted outside of winter months (December – February). If no NPT are observed during the preconstruction survey, then construction activities may begin. If construction is delayed or halted for more than 90 days, another pre-construction survey for NPT will be conducted. If the surveys result in the identification of a special status species, the qualified biologist should determine if appropriate buffers can be implemented to avoid impacts to the individual(s) or if further surveys are required to avoid impacts to potential nesting sites.

BIO-7b (Monitor): If species observations are found, a qualified biologist will conduct a preactivity clearance survey each day and remain onsite to oversee all vegetation clearing and ground disturbing activities conducted within suitable habitat for NPT. If a listed species is observed within the Project area, the biologist will stop work and allow the species to leave the site of its own volition or contact the appropriate regulatory agency (CDFW and/or USFWS) for guidance on how to proceed.

BIO-7c (ITP): In the event NPT are detected during surveys and cannot be avoided, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code section 2081, subdivision (b) is necessary to comply with CESA.

Western Spadefoot
BIO-8a (Pre-construction Survey): A qualified biologist will conduct a preconstruction survey within thirty (30) days prior to the start of construction. The goals of this survey will be to identify if any suitable breeding or upland habitat is present within the APE and an additional 100-foot survey area around the designated APE. If no individuals or suitable habitat is observed, no further mitigation is required. 27 (United States Geological Survey 2006)
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BIO-8b (Avoidance): On discovery of any suitable habitat near work areas, the biologist will determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines for western spadefoot. Construction buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the end of the Project. If appropriate construction buffers cannot be maintained a focused survey will be required to determine if western spadefoots are found within the Project area or 100 feet of the Project.

BIO-8c (Focused Survey): If appropriate buffers cannot be maintained, a qualified biologist will conduct a focused survey during the known peak breeding months of this species (February-March), prior to the start of construction. Transects will be walked throughout the entire APE and surrounding lands within 100 feet and vantage points will be used to survey for standing water. If no western spadefoots adults or larvae are observed during the survey, then construction activities may begin. If the survey results in the identification of this special status species, a qualified biologist will consult CDFW to determine if appropriate buffers can be implemented to avoid impacts to individual(s) during construction.

BIO-8d (Monitor): If species observations are found, a qualified biologist will conduct a preactivity clearance survey each day and remain onsite to oversee all vegetation clearing and ground disturbing activities conducted within suitable habitat for western spadefoot. If a listed species is observed within the Project area, the biologist will stop work and allow the species to leave the site of its own volition or contact the appropriate regulatory agency (CDFW and/or USFWS) for guidance on how to proceed.

BIO-8e (Formal Consultation): If western spadefoots are detected during surveys and cannot be avoided, consultation with CDFW is warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code section 2081, subdivision (b) is necessary to comply with CESA.

Special Status Plant Species
BIO-9a (Focused Survey): A qualified botanist/biologist will conduct focused botanical surveys during their specific blooming period or overlapping blooming period. Alkali-sink goldfields (Feb-April), California alkali grass (March-May), hairy Orcutt grass (May-Sept), heartscale (June-July), lesser saltscale (April-Oct), and Sanford’s arrowhead (May-Oct) will be surveyed according to CDFW’s Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities, 28 or current
guidance, for areas where ground disturbance will occur and prior to the start of construction.

BIO-9b (Avoidance): If any suitable habitat for special status plants is identified during the survey, disturbance-free buffers and use of exclusion fencing will be placed around the area as not to disturb the plants or its root system.

BIO-9c (Formal Consultation): If rare plant individuals or populations or sensitive natural communities are detected within Project work areas during the survey, and the plants 28 (California Department of Water Resources 2018)
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cannot be avoided, the Project proponent will initiate consultation with CDFW and/or USFWS to determine next steps for relocation or to obtain an ITP.

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4.5 CULTURAL RESOURCES
Table 4-12: Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to in ß 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to ß 15064.5?
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
Baseline Conditions
Records Search
A records search from the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS), located at California State University, Bakersfield was conducted in October 2022. The SSJVIC records search includes a review of all recorded archaeological and built-environment resources as well as a review of cultural resource reports on file. In addition, the California Points of Historical Interest, the California Historical Landmarks, the California Register of Historical Resources, the National Register of Historic Places (NRHP), and the California State Built Environment Resources Directory listings were reviewed for the above referenced APE and an additional º-mile radius. Due to the sensitive nature of cultural resources, archaeological site locations are not released.

Additional sources included the State Office of Historic Preservation (SHPO) Historic Properties Directory, Archaeological Determinations of Eligibility, and the California Inventory of Historic Resources.

Native American Outreach
The Native American Heritage Commission (NAHC) in Sacramento was also contacted in November 2022.

They were provided with a brief description of the Project and a map showing its location and requested that the NAHC perform a search of the Sacred Lands File to determine if any Native American resources have been recorded in the immediate APE. The NAHC identifies, catalogs, and protects Native American cultural resources -- ancient places of special religious or social significance to Native Americans and known ancient graves and cemeteries of Native Americans on private and public lands in California. The NAHC is also charged with ensuring California Native American tribes’ accessibility to ancient Native American cultural resources on public lands, overseeing the treatment and disposition of inadvertently discovered Native American human remains and burial items, and administering the California Native American Graves Protection and Repatriation Act (CalNAGPRA), among many other powers and duties. NAHC provide a current list of Native American Tribal contacts to notify of the project. The ten tribal representatives identified by NAHC were contacted in writing via United States Postal Service in a letter mailed November 18, 2022, informing each Tribe of the Project.

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1. Big Sandy Rancheria of Western Mono Indians, Elizabeth D. Kipp, Chairperson

2. California Valley Miwok Tribe, AKA Sheep Rancheria of Me-Wuk, Tribal Contact

3. California Valley Miwok Tribe, Tribal Contact

4. Dumna Wo-Wah Tribal Government, Robert Ledger, Chairperson

5. North Fork Rancheria of Mono Indians, Elaine Fink, Chairperson

6. North Valley Yokuts Tribe, Katherine Perez, Chairperson

7. North Valley Yokuts Tribe, Timothy Perez, Tribal Contact

8. Picayune Rancheria of Chukchansi Indians, Heather Airey, Tribal Historic Preservation Officer

9. Picayune Rancheria of Chukchansi Indians, Claudia Gonzales, Chairwoman

10. Southern Sierra Miwuk Nation, Sandra Chapman, Chairperson

11. Tule River Indian Tribe, Tribal Archaeologist

12. Tule River Indian Tribe, Neil Peyron, Chairperson

13. Tule River Indian Tribe, Kerri Vera, Environmental Department

14. Wuksache Indian Tribe/Eshom Valley Band, Kenneth Woodrow, Chairperson Impact Analysis
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to in ß 15064.5?
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to ß 15064.5?
Less than Significant Impact with Mitigation Incorporated. A CHRIS records search, from the SSJVIC, was conducted in October 2022 and confirmed there have been no previous cultural resource studies conducted within the Project area and no previous cultural resource studies within the one-quarter mile radius. The search identified one cultural resource within the Project APE, the MID Canal. The search indicated that there were no cultural resources within the one-quarter mile radius. It is unlikely that the Project has the potential to result in significant impacts or adverse effects to cultural or historical resources, such as archaeological remains, artifacts or historic properties. However, in the improbable event that cultural resources are encountered during Project construction, implementation of mitigation measure CUL-1 outlined below would reduce impacts to less than significant. c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact with Mitigation Incorporated. The Project APE for cultural surveys includes approximately 10.5 acres. Surrounding lands on both sides of the Fresno River are residential neighborhoods with paved roads. There is no evidence or record that the Project has the potential to be an unknown burial site, or the site of buried human remains. In the unlikely event of such a discovery, mitigation shall be implemented. With incorporation of mitigation measure CUL-2 outlined below, impacts resulting from the discovery of remains interred on the Project site would be less than significant.

Federal Cross-Cutting Topic
National Historic Preservation Act
The National Historic Preservation Act of 1966 as amended created the National Register of Historic Places and extended protection to historic places of State, local, and national significance. It established the Advisory Council on Historic Preservation, State Historic Preservation Officer (SHPO), Tribal Preservation Officers, and a preservation grants-in-aid program. Section 106 directs federal agencies to take into account Chapter 4: Environmental Impact Analysis
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effects of their actions ("undertakings") on properties in or eligible for the National Register. Section 106 of the act is implemented by regulations of the Advisory Council on Historic Preservation (36 Code of Federal Regulations [CFR] Part 800).

The United States Department of the Interior criteria and procedures for evaluating a property's eligibility for inclusion in the National Register are at 36 CFR Part 60. The 36 CFR Part 800 regulations, implementing Section 106, call for consultation with the SHPO, Native American tribes, and interested members of the public throughout the Section 106 compliance process. The four principal steps are to:
• Initiate the Section 106 process (36 CFR Part 800.3); • Identify historic properties, cultural resources that are eligible for inclusion in the National Register of Historic Places (36 CFR Part 800.4);
• Assess the effects of the undertaking to historic properties within the area of potential effect (36 CFR Part 800.5); and
• Resolve adverse effects (36 CFR Part 800.6).

Adverse effects on historic properties often are resolved through preparation of a Memorandum of Agreement (MOA), developed in consultation with USBR, the SHPO, Native American tribes, the Advisory Council on Historic Preservation, and interested members of the public. The MOA stipulates procedures that treat historic properties to mitigate adverse effects (36 CFR Part 800.14[b]).

No historic properties have been identified within the area of potential effects. Therefore, the proposed project would not have an adverse effect on historic properties.

Mitigation
CUL-1 (Archaeological Remains): Should archaeological remains or artifacts be unearthed during any stage of project activities, work in the area of discovery shall cease until the area is evaluated by a qualified archaeologist. If mitigation is warranted, the project proponent shall abide by recommendations of the archaeologist.

CUL-2 (Human Remains): In the event that any human remains are discovered on the Project site, the Madera County Coroner must be notified of the discovery (California Health and Safety Code, Section 7050.5) and all activities in the immediate area of the find or in any nearby area reasonably suspected to overlie adjacent human remains must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are not recent, but rather of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours to permit the NAHC to determine the Most Likely Descendent of the deceased Native American.

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4.6 ENERGY
Table 4-13: Energy Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
Baseline Conditions
The Project area is currently devoid of any energy-consuming equipment and is periodically disced for weeds as there is an existing pedestrian trail along the Fresno River. The City of Madera is served by Pacific Gas and Electric (PG&E) for its energy needs. PG&E obtains its power through hydroelectric, natural gas, and eligible renewable sources. PG&E continually produces new electric generation and natural gas sources and implements continuous improvements to gas lines throughout its service areas to ensure the provision of services to residents. New construction would be subject to Titles 20 and 24 of the California Code of Regulations which each serve to reduce demand for electrical energy by implementing energy-efficient standards for structures.

Impact Analysis
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Implementation of the Project would require the temporary use of energy resources for removal of existing features and construction of the bridge and associated features. This energy use would primarily be in the form of petroleum products and electricity used to operate construction equipment and consumed during vehicle trips associated with material delivery/debris hauling and commuting workers. Indirect energy use would also occur and include the extraction, production, and transportation of goods and materials needed for construction. While construction activities would result in the temporary consumption of energy resources in the form of vehicle and equipment fuels (gasoline and diesel fuel) and electricity (directly or indirectly), such consumption would be incidental and temporary and would not result in wasteful, inefficient, or unnecessary consumption of energy resources. The proposed bridge would include permanent lighting, which would be beneficial for bridge users. In addition, lighting fixtures attached to the bridge would be hooded and directed in a manner to not impact neighboring properties, as identified in AES-1 in Section 4.1.4. Maintenance of these structures would require minimal energy use, similar to existing City infrastructure maintenance activities. These activities would occur on an as-needed basis. Additionally, the Project would not involve constructing habitable structures; therefore, no energy efficiency policies apply. For these reasons, energy impacts during Project construction, maintenance, and operation would be less than significant.

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b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
No Impact. The Project would not conflict with any local, State, or federal regulations regarding energy use, energy efficiency, or construction regulations. All BMPs and existing industry-standard measures would be implemented by the City’s contractor to reduce impacts to energy to the extent feasible. There would be no impact.

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4.7 GEOLOGY AND SOILS
Table 4-14: Geology and Soils Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994) creating substantial direct or indirect
risks to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
Baseline Conditions
Geology and Soils
The City of Madera is located in the Great Valley Geomorphic Province of California, which is also known as the San Joaquin Valley. The San Joaquin Valley is largely comprised of alluvial fans derived from the Sierra Nevada Mountain Range on the east, the Coastal Range to the west, and to an extent the Tehachapi Mountains to the south. Weathering of these mountain ranges together with surface water flows and flooding have emanated in accretion of alluvial (river), lacustrine (lake), and marine (ocean) deposits Chapter 4: Environmental Impact Analysis
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throughout the San Joaquin Valley at significant depths of thousands of feet. Alluvium depths in the vicinity of the City of Madera average 500 feet, with depths by and large increasing from east to west.29 Excluding the banks of the Fresno River channel, the Project area and its nearby vicinity is generally flat.

Much of the topography along the banks of the Fresno River has been heavily modified as a result of flood control and other efforts.30
As identified in Table 4-9, three soil mapping units representing two soil types lie within the Project area.

The three soil mapping units are grangeville fine sandy loam, pachappa fine sandy loam, and riverwash.

Expansive soils are those with excessive swelling clay minerals such as montmorillonite. The presence of expansive clay minerals in soils can cause excessive swelling when the soil comes into contact with water and also shrinkage when it undergoes drying. The three soil mapping units identified in the Project area are not considered expansive soils.

Faults and Seismicity
As part of compliance with the Alquist-Priolo Act, the State Geologist published a list of counties, cities, and state agencies that are affected by Alquist-Priolo Fault Zones. The County and City of Madera do not appear on this list.

Five major active and potentially active faults are close to the City of Madera. They include the San Andreas, San Joaquin, Ortigalita, Owens Valley, and Melones faults. Of these five, the San Andreas and the Owens Valley faults are expected to be the sources of future major earthquakes in California. There are no active earthquake faults located in the City of Madera. The closest active fault to the Project area is the Ortigalita fault, located approximately 47 miles east-southeast.31 Liquefaction
Liquefaction is a process that occurs during earthquakes when the soil behaves like quicksand. Significant damage to structures can result when buildings sink into the liquefied soil. Liquefaction potential is determined from a variety of factors, including soil type, soil density, depth to the groundwater table, and the duration and intensity of ground shaking. Liquefaction is most likely to occur in deposits of watersaturated alluvium or areas of considerable artificial fill. Areas most prone to liquefaction are those which are water-saturated (specifically where the water table is less than 30 feet below the surface) and consist of relatively uniform sands that are of loose to medium density. Although there are areas within the City where the water table at 30 feet or less below the surface, soil types in the area are not conducive to liquefaction because they are either too coarse in texture or too high in clay content. Liquefaction potential at the Project area is considered low.

Subsidence
There are two types of Subsidence: Land subsidence and hydrocompaction subsidence. Hydrocompaction subsidence occurs when a large land area settles due to over-saturation. These areas are typically composed of open-textured soils that become saturated, high in silt or clay content. Land subsidence occurs when an extensive amount of ground water, oil, or natural gas is withdrawn from below the ground surface. Although the San Joaquin Valley has become an area that has increasingly experienced subsidence due to excessive groundwater pumping activities, lowering the water table, the valley areas of Madera County have not experienced this problem. The nearest subsidence issues are outside Madera County, in 29 (City of Madera and PMC 2009)
30 Ibid.
31 (California Department of Conservation 2021)
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Fresno County to the west. Due to Madera County’s absence of a high-water table, the risk of subsidence is considered to be very low.32
Dam and Levee Failure
There are three major dams that would inundate portions of the county if they were to fail. Said dams are Hidden Dam on the Fresno River, Buchanan Dam on the Chowchilla River, and Friant Dam on the San Joaquin River. There are also several smaller dams within Madera county that would inundate mainly smaller areas if they were to fail. The entire city limit of Madera is located within the inundation area of Hidden Dam.33 Hidden Dam is located approximately 15.5 miles northeast of the Project area.

Failure of the Hidden Dam has an extremely low probability of occurring and is not considered to be a reasonably foreseeable event. The dam is regularly inspected and maintained by the USACE, and repairs and improvements are made when necessary. Additionally, dams are regulated by the California Department of Water Resources, Division of Safety of Dams and are routinely inspected. The likelihood of inundation due to dam failure at the Project area is considered low.

Impact Analysis
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction? a-i – a-iii) Less than Significant Impact. The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction. Liquefaction describes a phenomenon in which saturated soil loses strength during an earthquake as a result of induced shearing strains. Lateral and vertical movement of the soil mass combined with loss of bearing usually results. Loose sand, high groundwater conditions (where the water table is less than 30 feet below the surface), higher intensity earthquakes, and particularly long duration of ground shaking are the requisite conditions for liquefaction. None of these conditions are present within the Project area. Therefore, the Project would result in a less than significant impact.
iv. Landslides?
Less than Significant Impact. Ground shaking intensity is largely a function of distance from the earthquake epicenter and underlying geology. As previously identified, the City of Madera, which is located on deep alluvial and unconsolidated sediments, could experience shaking during a large earthquake. The most common impact associated with strong ground shaking is damage to structures.

The California Building Code (CBC) establishes minimum standards for structures located in regions 32 (City of Madera and PMC 2009)
33 Ibid.

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subject to ground shaking hazard areas. The proposed bridge would be required by state law and City ordinances to be constructed in accordance with CBC, and to adhere to all current earthquake construction requirements. The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. No known faults with evidence of historic activity cut through the Project area. Due to the geology of the Project area and its distance from active faults, the potential for loss of life, property damage, ground settlement, or liquefaction to occur in the Project area is considered minimal. Therefore, the Project would result in a less than significant impact.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Implementation of the Project could result in substantial erosion or the loss of topsoil. Therefore, the Project would be required to obtain coverage under the Statewide General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit (CGP) Order 2009-0009-DWQ). Construction activities subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, and construction of linear underground or overhead facilities associated with trail construction, but does not include regular maintenance activities performed to restore the original lines, grade, or capacity of the overhead or underground facilities. The CGP requires the development of a SWPPP by a certified Qualified SWPPP Developer.

Through the completion of a SWPPP, any possible impacts from construction related activities involving soil erosion and loss of topsoil would be reduced. Therefore, any impacts would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant Impact. Soils in the Project area are stable and would not become unstable as a result of the Project. The Project would be engineered to account for the possibility of on- or off-site landslides, lateral spreading, subsidence, liquefaction, or collapse. The Project would be required to incorporate site-specific and City-wide measures, as identified in the grading standards defined in the CBC, which describe appropriate measures used to reduce potential impacts resulting from unstable soils.

In addition, as identified above, the Project would be required to comply with the CGP and SWPPP to ensure impacts maintain a level of less than significant. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. As identified above, the Project does not contain expansive soils. In addition, construction of the Project would comply with CBC regulations. CBC compliance ensures the adequate design and construction of structural foundations to resist soil movement. In addition, the CBC also contains drainage related requirements in order to control surface drainage and reduce seasonal fluctuations in soil moisture content. The City’s General Plan contains policies to ensure that new structures are protected by geologic and soil conditions, including impacts from earthquakes. With compliance with CBC regulations and policies identified in the General Plan, impacts would be less than significant.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Chapter 4: Environmental Impact Analysis
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No Impact. The Project would not involve the use of septic tanks or alternative wastewater disposal systems. There would be no impact.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
Less than Significant Impact. No known paleontological resources have been identified in the Project area. However, if a paleontological resource is found then construction can result in a significant impact unless mitigated properly. GEO-1 will be implemented in the unlikely event that paleontological resources are encountered during Project construction.

Mitigation
GEO-1 Should paleontological resources be encountered on the Project area, all ground disturbing activities in the area shall stop. A qualified paleontologist shall be contacted to assess the discovery. Mitigation may include monitoring, recording the fossil locality, data recovery and analysis, and a final report. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City of Madera for review, and (if paleontological materials are recovered) a paleontological repository, such as the University of California Museum of Paleontology.

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Figure 4-6. Soils Map
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4.8 GREENHOUSE GAS EMISSIONS
Table 4-15: Greenhouse Gas Emissions Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Baseline Conditions
Currently, there is no bridge connecting North and South Westberry Boulevards. The north and south side of Westberry Boulevard is segmented by the Fresno River, an earthen irrigation canal, and the Vern McCullough Fresno River Trail.

Impact Analysis
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
a and b) Less than Significant Impact. The Project proposes to reduce trip lengths by constructing a bridge envisioned by the Madera General Plan. Non-native vegetation would be removed while native vegetation would remain. With the features incorporated into the Project, it is consistent with Madera’s Climate Action Plan, which was adopted for the purpose of reducing greenhouse gas emissions. Impacts would be less than significant
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4.9 HAZARDS AND HAZARDOUS MATERIALS
Table 4-16: Hazards and Hazardous Materials Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either directly
or indirectly to a significant risk of loss,
injury or death involving wildland fires?
Baseline Conditions
Hazardous Materials
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code (GC) Section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. The Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC's EnviroStor database provides DTSC's component of Cortese List data (DTSC, 2010). In addition to the EnviroStor database, the State Water Resources Control Board Chapter 4: Environmental Impact Analysis
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(SWRCB) Geotracker database provides information on regulated hazardous waste facilities in California, including underground storage tank (UST) cases and non-UST cleanup programs, including Spills-LeaksInvestigations-Cleanups sites, Department of Defense sites, and Land Disposal program. A search of the DTSC EnviroStor database and the SWRCB Geotracker performed on October 19, 2022 determined that there are no known active hazardous waste generators or hazardous material spill sites within the Project area or immediate surrounding vicinity.34
Airports
The nearest active public airport is the Madera Municipal Airport, located approximately 0.9 miles north of the Project area.

Emergency Response Plan
Madera County manages and coordinates its emergency response activities in conjunction with the California State Standardized Emergency Management System.

Sensitive Receptors
Sensitive receptors are areas where occupants are more susceptible to the adverse effects of exposure to toxic chemicals, pesticides, noise, and other pollutants. Sensitive receptors can include hospitals, schools, and homes. The near sensitive receptors to the Project are the various single-family residences located in adjacent neighborhoods.

Impact Analysis
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than Significant Impact. Potential impacts during construction include potential spills associated with the use of fuels and lubricants in construction equipment. These potential impacts would be short-term in nature and would be reduced to less than significant levels through compliance with applicable local, state, and federal regulations, as well as the use of standard equipment operating practices. Compliance with applicable laws and regulations would minimize hazards associated with the routine transport, use, or disposal of hazardous materials to the maximum extent practicable. Therefore, impacts would be less than significant.
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant Impact. There are no known hazardous materials located within or near the Project area. Construction of the Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, impacts would be less than significant. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 34 (California Department of Toxic Substances Control 2022); (State of California 2022) Chapter 4: Environmental Impact Analysis
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Less than Significant Impact. The Project is located less than one-quarter mile of Lincoln Elementary School. Construction of the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. Any potential for hazardous substances to be released during construction would be reduced through the use of construction BMPs. Therefore, impacts would be less than significant.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project would not include sites located on a list of active hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, it would not create a significant hazard to the public or the environment. Therefore, there would be no impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than Significant Impact. The Project is located less than two miles of the Madera Municipal Airport and is located within the Primary Traffic Pattern Zone depicted in the Madera Countywide Airport Land Use Compatibility Plan.35 The Project is approximately 0.9 acres from the airport. Excessive noise or a safety hazard would not result due to implementation of the Project. Construction would be temporary, and the Project would not involve habitable structures resulting in permanent inhabitants working or residing in the area post construction. In addition, it can be assumed that construction personnel are accustomed to loud noise from construction; therefore, noise from an airplane overhead would not be significant compared to existing conditions during construction. Impacts would be less than significant. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. Once Project construction is complete, the newly-constructed bridge would improve emergency response times and facilitate emergency evacuation. Temporary road closures within the Project area are anticipated during the construction phase of the Project. However, these routine closures would be accommodated by adequate detours and signage in accordance with industry BMPs and City standards. The public would be made aware of the Project and given adequate time to prepare alternate routes. Impacts would be less than significant. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less than Significant Impact. As mentioned in Section 4.20 Wildfire, the Project area is located in an area of low fire risk and is not located in or near a SRA nor near land classified by CalFire or the City of Madera as a Very High Fire Hazard Severity Zone. Therefore, impacts would be less than significant. 35 (Mead & Hunt 2015)
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4.10 HYDROLOGY AND WATER QUALITY
Table 4-17: Hydrology and Water Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
i. result in substantial erosion or
siltation on- or off-site;
ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;
iii. create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv. impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
Baseline Conditions
The City of Madera lies within the San Joaquin River watershed and Basin Hydrological Study Area, which covers roughly 13,500 square miles, or approximately the southern two-thirds of the San Joaquin Valley.

The San Joaquin River watershed is divided into numerous hydrologic areas and subareas. The Madera hydrologic area encompasses the southwestern and northwestern portions of the City and extends northwest to the City of Chowchilla, draining into the Fresno River and its tributaries. The Fresno River, which runs through the Project area, is the main hydrologic feature in the City. The river flows west from the Sierra Nevada Mountain Range before entering the Chowchilla Bypass in western Madera County. The Chapter 4: Environmental Impact Analysis
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Fresno River is dry throughout most of the year, with flows depending mainly on water releases from upstream water agencies.36
The City of Madera is not within or adjacent to the boundaries of a sole source aquifer. The nearest sole source aquifer is the Fresno County Sole Source Aquifer, located approximately 12.5 miles to the southeast.

Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps Panel No. 06039C1155E (September 26, 2008) indicates that a portion of the Project area (the Fresno River channel) is located in the Zone A flood hazard area. Zone A is an area designated with a 1 percent chance of flooding annually.37 The Project area surrounding the Fresno River is not located in a flood hazard area.

Impact Analysis
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. Work within the Fresno River would require permits from CDFW, USACE and RWQCB to meet the regulatory compliance requirements for potentially jurisdictional waters of the United States and would provide the necessary avoidance and minimization measures to protect water quality. Further, SWRCB requires that a SWPPP be prepared for projects that disturb one (1) or more acres of soil. A SWPPP would include site planning and scheduling, limiting disturbed soil areas, and determining BMPs to minimize the risk of pollution and sediments being discharged from construction areas. Implementation of the SWPPP would minimize the potential for the Project to substantially alter the existing drainage pattern in a manner that would result in substantial erosion or siltation on- or offsite. In addition, an environmental training program would be established to communicate environmental concerns and appropriate work practices, including spill prevention and response measures and SWPPP measures, to all construction crew members. A monitoring program shall be implemented to ensure that the plans are followed throughout the period of construction. The construction SWPPP identified above would include procedures for quick and safe cleanup of accidental spills. The construction SWPPP would prescribe hazardous materials handling procedures for reducing the potential for a spill during construction and would include an emergency response program to ensure quick and safe cleanup of accidental spills. The SWPPP would identify areas where refueling and vehicle maintenance activities and storage of hazardous materials, if any, shall be permitted. Use of chemicals or surfactants would not be generated through the maintenance or operation of the Project and as such, there would be no discharge directly associated with Project implementation that could impact water quality standards during operation or maintenance. Compliance with regulatory requirements would ensure that the Project would not violate any water quality standards and would not impact waste discharge requirements. Impacts would be less than significant. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
No Impact. The Project would not use groundwater and would not result in any impacts associated with the depletion of groundwater supply or recharge. There would be no impact. 36 (The City of Madera 2009)
37 (United States Federal Emergency Management Agency (FEMA) 2020) Chapter 4: Environmental Impact Analysis
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c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or off-site; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv. impede or redirect flood flows?
c-i – civ) Less than Significant Impact. Construction activities would involve excavation and filling and grading of soils, which would expose areas to potential erosion during construction. Grading activities would be performed in accordance with City of Madera standards. BMPs would be implemented during construction to further reduce potential impacts of erosion or siltation on- or off-site. Areas disturbed during construction would be restored. As mentioned previously, a SWPPP would be prepared to comply with the conditions of the NPDES general stormwater permit for construction activities.

As identified in the Project description, the Project would construct a bridge over the Fresno River.

Construction of the bridge would be started within the dry season and no work would take place when water is flowing in the river. Sediment and erosion control BMPs, appropriate to aquatic conditions would be employed during construction. All work done in the riverbed would comply with the BMPs, which would reduce any potential impacts to the flow in the riverbed to less than significant. In the unlikely event of stormflows in the Fresno River in the summer months or early fall, construction crews would not work in the river until flows have subsided.

The bridge itself would not increase the rate or amount of surface runoff or result in flooding. Any stormwater flows would flow to and through the riverbed. The bridge would be designed to handle most flow rates through the Fresno River during stormflow situations. As discussed above, no construction would be done in the creek when there are stormflows. Lastly, the Project would not add sources of polluted runoff. Therefore, any impacts would be less than significant with the incorporation of regulatory standards and construction BMPs.
d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundations?
Less than Significant Impact. The Project is not located in a seiche or tsunami zone; therefore, there would be no impact from tsunamis or seiches. A portion of the Project area (the Fresno River channel) is located within Zone A flood hazard, which means there is a risk of 1% annual chance of flooding. As identified previously, Project work would be done during the dry season when the Fresno River is empty of water.

Sediment and erosion control BMPs, appropriate to aquatic conditions would be employed during construction. All work done in the riverbed would comply with the BMPs, which would reduce any potential impacts to the flow in the riverbed to less than significant. If stormflows fill the Fresno River, construction crews would not work in the river until flows have subsided. Therefore, impacts would be less than significant.

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e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. The Project would not affect the implementation of the water quality control plan or the groundwater sustainability plan as no new water sources or discharges would be developed as part of the Project. There would be no impact.

Federal Cross-Cutting Topic
Flood Plain Management- Executive Order Numbers 11988, 12148, and 13690 The Federal Emergency Management Agency (FEMA) designates flood hazard and frequency for cities and counties on its Flood Insurance Rate Maps. The proposed project area is within a designated 100-year floodplain. The Project does not include any habitable structures that would be affected by the floodplain.

Rivers and Harbors Act
The Rivers and Harbors Act of 1899 prohibits construction of any bridge, dam, dike, or causeway over or in navigable waterways of the U.S., without Congressional approval. Under Section 10 of the Act, the building of any wharfs, piers, jetties, and other structures is prohibited without Congressional approval, and excavation or fill within navigable waters requires the approval of the Chief of Engineers. The USACE is authorized to issue permits for the discharge of refuse matter into or affecting navigable waters under Section 13 of the act.

The proposed project would be constructed in a location that would affect a navigable waterway, requiring permit or approval by USACE.

Safe Drinking Water Act, Sole Source Aquifer Protection The Safe Drinking Water Act (SOWA) required USEPA to establish criteria through which an aquifer may be declared a critical aquifer protection area. Since 1977, it has been used by communities to help prevent contamination of groundwater from federally funded projects. These aquifers are defined as "sole source aquifers." USEPA's Sole Source Aquifer (SSA) Program was established under Section 1424(e) of the SOWA.

These are, essentially, aquifers that are the only drinking water supply for the population of a region.

SSA designation protects an area's groundwater resources by requiring USEPA to review all proposed projects within the designated area that will receive federal financial assistance. The SSA Program states that if USEPA determines an area to have an aquifer which is the sole or principal drinking water source for the area, that if contaminated would create a significant hazard to public health, a notice of that determination needs to be published in the Federal Register. After publication of any such notice, no commitment for federal financial aid may be applied for any project that the Administrator determines may contaminate the aquifer through a recharge zone, so as to create a significant hazard to public health (US EPA 2019).

The Project is not located in a Sole Source Aquifer.

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Figure 4-7. FEMA Flood Map
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4.11 LAND USE AND PLANNING
Table 4-18: Land Use and Planning Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
f) Physically divide an established
community?
g) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
Baseline Conditions
The Project is located in the City of Madera between N. Granada Drive and Road 24 over the Fresno River The Project and surrounding area is designated for urban development. There are existing homes located both north and south of the river. The Project area contains a portion of the Fresno River and the existing right-of-way on both sides of the river channel. Lands north and south of the river channel are zoned for Planned Development. The Fresno River and riverbank have an Unclassified zoning designation. The land on either side of the Fresno River is planned by the General Plan for Low Density Residential and the river and riverbank itself are planned for Resource Conservation/Agriculture.

Impact Analysis
a) Would the project physically divide an established community? No Impact. The Project proposes to construct a bridge to connect two areas within the City of Madera.

Implementation of the Project would not physically divide an established community but would rather provide a new connection between two areas within one existing established community. Therefore, the Project would not result in a significant impact by physically dividing an established community. There would be no impact.
b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The Project would not result in changes to existing land use designations or zoning and would not conflict with any land use plan, policy, or regulation. The City’s Land Use and Transportation Element policies of the General Plan identified the Westberry Bridge as a future project. Therefore, the Project is consistent with the applicable State and local goals and policies. There would be no impact.

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Federal Cross-Cutting Topic
Coastal Zone Management Act
The Coastal Zone Management Act was enacted in 1972. This act, administered by the National Oceanic and Atmospheric Administration, provides management of the nation' s coastal resources. The California coastal zone generally extends 1,000 yards inland from the mean high tide line. The Project area is more than 100 miles from the coastline. Therefore, the Project would not conflict with the Coastal Zone Management Act.

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4.12 MINERAL RESOURCES
Table 4-19: Mineral Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Baseline Conditions
The California Geological Survey (CGS) is responsible for the classification and designation of areas within California containing or potentially containing significant mineral resources. The CGS classifies lands into Aggregate and Mineral Resource Zones (MRZs) based on guidelines adopted by the California State Mining and Geologic Board, as mandated by the Surface Mining and Reclamation Act of 1975. These MRZs identify whether known or inferred significant mineral resources are presented in areas. Lead agencies are required to incorporate identified MRZs resource areas delineated by the state into their general plans.38 According to the findings of the City of Madera General Plan Update EIR, the Project area does not contain any state or locally designated mineral resource.

Impact Analysis
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Less than Significant Impact with Mitigation Incorporated. Neither the Project area or its surroundings has been identified as containing any mineral deposits. Therefore, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Therefore, there would be no impact.
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less than Significant Impact. As mentioned above in Impact Analysis “a”, neither the Project area, nor its surroundings has been identified as an area containing mineral deposits. Therefore, the Project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. As such, there would be no impact. 38 Public Resources Code, Section 2762(a)(1).

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4.13 NOISE
Table 4-20: Noise Impacts
Would the project result in:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground borne
vibration or ground borne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
Baseline Conditions
In general, there are two (2) types of noise sources: 1) mobile source and 2) stationary sounds. Mobile source noises are typically associated with transportation activities including automobiles, trains, and aircraft. Stationary sounds are sources that do not move such as machinery or construction sites. The Madera General Plan Noise Element and Madera Municipal Code outlines policies and regulations to diminish health effects of noise in the community and prevent exposures to excessive noise levels.

Noise can be defined as unwanted and objectionable sound. Sound levels are usually measured and expressed in decibels (dB) with 0 dB corresponding roughly to the threshold of hearing. The method commonly used to quantify environmental sounds consists of evaluating all frequencies of a sound in accordance with a filter that reflects the fact that human hearing is less sensitive at very low and very high frequencies compared to mid-range frequencies. This is called “A” weighting, and the dB level measurement is called the A-weighted sound level (dBA).

A-weighted sound level is expressed on a logarithmic (power of 10) scale using a frequency weighted pattern that duplicates the human ear’s sensitivity to sound. A 70-dBA sound level is approximately twice as loud as a 60-dBA sound level and four times as loud as a 50-dBA sound level.

Sound intensity is normally measured through the dBA. This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. The A-weighted sound level is the basis for many various sound level metrics, including the day/night sound level (Ldn) and the Community Noise Equivalent Level (CNEL), both of which represent how humans are more sensitive to sound at night. In addition, the equivalent continuous sound level (Leq) is the average sound energy of time-varying noise over a sample period and the (Lmax) is the maximum instantaneous noise level occurring over a sample period.

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Table 4-21. Typical Construction Noise Levels
Equipment
50 feet from Source
(dBA Leq)
100 feet from
Source (dBA Leq)
200 feet from
Source (dBA Leq)
300 feet from
Source (dBA Leq)
Air Compressor 80 74 68 64
Backhoe 80 74 68 64
Concrete Mixer 85 79 73 69
Grader 85 79 73 69
Jack Hammer 88 82 76 72
Loader 80 74 68 64
Paver 85 79 73 69
Roller 85 79 73 69
Saw 76 70 64 60
Scraper 85 79 73 69
Truck 84 78 72 68
Source: Noise level at 50 feet from (John A. Volpe National Transportation Systems Center 2018) Note: Noise Levels at 100 feet, 200 feet, and 300 feet were extrapolated using a 6 dBA attenuation rate per doubling of distance. Each noise level assumes the piece of equipment is operating at full power for the expected duration to complete the construction activity. The duration varies widely between each piece of equipment. Noise levels also depend on the model and year of the equipment used.

Noise levels from point sources such as equipment at construction sites typically attenuate at a rate of 6 dBA per doubling of distance. Therefore, only areas within several hundred feet of construction sites would typically be exposed to perceptible construction noise levels.

Noise at the Project site is generated from mobile sources from vehicles driving by, as well as airplanes flying overhead as they travel to and from the Madera Municipal Airport.

Impact Analysis
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Construction at the Project site would require the utilization of large construction equipment, including rollers, pavers, dozers, and graders. This type of equipment can have noise levels exceeding General Plan noise standards for residential land uses when measured 50 feet away from the noise source. General Plan Policies N-5, N-6, and MMC Section 3-11.02(B) requires the reduction of noise, including construction noise, to acceptable levels. Construction at the Project site would be limited to hours to between 7 a.m. and 7 p.m., Monday through Friday, and between 9 a.m. and 5 p.m. on Saturdays, which is consistent with the City noise ordinance and General Plan Policies.

Therefore, construction-related noise impacts would remain less than significant. The noise associated with construction would not be significant due to the distance between the construction site and the nearest sensitive receptors.
b) Would the project result in generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. Project construction is restricted between the hours of 7 a.m. and 7 p.m., Monday through Friday, and 9 a.m. to 5 p.m., Saturdays, consistent with the City’s noise ordinance and General Plan Policies. The Federal Highway Administration (FHWA) has compiled noise measurement data regarding the noise-generating characteristics of various types of construction equipment (see Table Chapter 4: Environmental Impact Analysis
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4-21). Typical background vibration decibel (VdB) levels measured from 50 feet away, according to the Federal Transit Administration (FTA) are approximately 50 VdB, with a level of 100 VdB resulting in minor cosmetic damage to fragile buildings. For infrequent events, such as construction, impacts would be significant to residences, the nearest sensitive receptors, if they exceed 80 VdB. Vibration velocity levels are typically not additive. Bulldozers generate approximately 58 VdB when measured 25 feet away. Given the type of equipment expected to be found during construction, it is not anticipated that construction at the Project site would generate excessive ground-borne vibration or ground-borne noise levels.

Therefore, the Project would have a less than significant impact. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than Significant Impact. The Project is located less than two miles of the Madera Municipal Airport and is located within the Primary Traffic Pattern Zone depicted in the Madera Countywide Airport Land Use Compatibility Plan.39 The Project is approximately 0.9 acres from the airport. Excessive noise would not result due to implementation of the Project. Construction would be temporary, and the Project would not involve habitable structures resulting in permanent inhabitants working or residing in the area post construction. In addition, it can be assumed that construction personnel are accustomed to excessive noise from construction; therefore, noise from an airplane overhead would not be significant compared to existing conditions during construction. Impacts would be less than significant. 39 (Mead & Hunt 2015)
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4.14 POPULATION AND HOUSING
Table 4-22: Population and Housing Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Baseline Conditions
According to the U.S. Census Bureau, as of July 1, 2021, the population of the City of Madera is estimated to be 67,944.40 The City has seen a 10.6% increase in population since the last census was conducted in 2010. The City of Madera is characterized as an urbanized area surrounded by agricultural fields and orchards, typical of other cities within the San Joaquin Valley. The majority of the Project area is located in a residentially planned and zoned area of the City, with single-family residences located north and south of the span of the Project (see Figure 2-2).

Impact Analysis
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. The Project proposes to construct a new vehicular bridge over the Fresno River along the Westberry Boulevard Alignment. Other minor improvements ancillary to the bridge would take place as part of the Project. The Project’s intent is to improve traffic circulation between existing and proposed residential subdivisions in the area and assist in improving potential future congestion on existing upstream bridges. Construction of the bridge would not result in any unplanned population growth. The Project would not result in unplanned population growth, but the neighborhoods in the area would benefit from Project implementation. Impacts would be less than significant. 40 (United States Census Bureau 2022)
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b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. The Project would connect existing and proposed residential subdivisions and assist in improving future congestion. No Project features would displace people or housing. Therefore, there would be no impact.

Federal Cross-Cutting Topic
Environmental Justice Executive Order 12898
Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, was issued in 1994. The EO directs federal agencies to identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low-income populations, to the greatest extent practicable and permitted by law.

USEPA has developed a mapping and screening tool called EJSCREEN that uses nationally consistent data to identify minority or low-income communities. According to EJSCREEN, the proposed Project area is not in an environmental justice community (USEPA 2015). In addition, the purpose of the project would be to provide a new location for additional access across the Fresno River within the City of Madera. Because the proposed project would directly benefit the local community, no disproportional health of environmental effect would be imposed on minority or low-income populations. The proposed project would not conflict with the purpose and objectives of EO 12898.

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4.15 PUBLIC SERVICES
Table 4-23: Public Services
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant
environmental impacts, in order to
maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Baseline Conditions
Fire, emergency, medical, and police protection services in the Project area is provided by the City of Madera and augmented through contracts with other agencies and service providers. The City of Madera has a contract with CalFire to provide management and staffing of the City’s fire stations and equipment.

Ambulance services are provided by a private contractor. The nearest ambulance contractor site to the development site is Pistoresi Ambulance, located approximately 1.7 miles to the southeast. Madera City Fire Department 58 is located approximately one mile to the north of the Project, while the Madera Police Department is located approximately 2.5 miles to the east. The Project area is located within the Madera Unified School District. The District oversees pre-K through 12 education services. Parks are operated and maintained by the City of Madera Department of Parks and Community Services. The nearest City operated park to the Project area is Sunset Park, located approximately one mile to the southwest of the development site, and Pan American Park, located approximately 0.4 miles southwest. There are several schools within two miles of the Project area, with Lincoln Elementary School being the closest at 0.2 miles southwest.

Impact Analysis
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire Protection:
ii. Police Protection:

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iii. Schools:
iv. Parks:
v. Other public facilities:

Less than Significant Impact. The Project would not construct dwelling units, buildings, businesses, or other similar facilities that would result in an increased human population in the Project area. There would be no long-term demands on fire or police protection services generated by the Project. Similarly, there would be no increased demands on school services or parks. The Project would not cause any permanent closures to the roadway, nor block access to private property. Temporary average delays are not anticipated to exceed 5-10 minutes. The construction is expected to take approximately six months over one (1) construction season, weather and conditions permitting. Temporary road delays and closures during construction may affect traffic patterns near the construction site and potentially affect fire and police response times for multiple apparatus events; however, any such impacts would be minor and would not significantly affect long-term service ratios, response times, or other performance objectives for public services. Traffic detours are not anticipated during construction as the Project is a new alignment. The Project would not add to the area’s population or increase demands on police or fire services. The effects of the temporary road closure would not cause significant environmental impacts as it relates to police and fire service. Therefore, relative to the provision of police and fire service, the Project would generate a less than significant impact.

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4.16 RECREATION
Table 4-24: Recreation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
Baseline Conditions
The City of Madera Department of Parks and Community Services manages the recreational facilities within the city. Madera’s park and recreation facilities include parks, community and senior centers, trails, a municipal golf course, and landscaped areas. The Department of Parks and Community Services provides parks operations and maintenance, park and recreation facility planning, recreation programming, and senior services.41 In total, there are approximately 326 acres of planned parkland within the City of Madera, with 146 acres being currently developed for its intended use.42 The nearest park to the Project is the 1.4- acre Sunset Park located approximately 0.4 miles southwest.

Impact Analysis
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The Project would construct a new bridge and ancillary features across the Fresno River in order to alleviate existing congestion in both the Project area and surrounding areas. The Project would not increase the use of existing neighborhood parks, regional parks, or other recreational facilities. There would be no impact.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. . The Project would include the realignment of the existing Vern McCullough Fresno River Trail. At the Project site, the trail is located on the south side of the Fresno Riverbank. In order to construct the bridge, the Project would relocate the portion of the trail at the Project site to an area just north of the Fresno Riverbank, while also maintaining the continued functionality of the trail. 41 (Madera Department of Parks and Community Services 2009) 42 Ibid.

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This would preserve continuation of the trail, avoiding any obstructions while simultaneously maintaining the integrity and operation of the trail. Realigning the trail would also result in increased pedestrian access and aesthetic value. Therefore, any impacts would be less than significant.

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4.17 TRANSPORTATION
Table 4-25: Transportation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle, and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)??
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Baseline Conditions
The Project is located within the City of Madera at the three-way junction of Westberry Boulevard and Riverway Lane. The nearest highway to the Project area is SR 99, located approximately 1.5 miles northeast.

Project access from SR 99 would exit off of W. Cleveland Avenue off-ramp.

Impact Analysis
a) Would the project conflict with a plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less than Significant Impact. The City of Madera General Plan identified the proposed bridge as a future connection to be implemented in order to facilitate the planned development north of the Fresno River.

The bridge would allow easier access and would reduce congestion in and around the Project area. The bridge would include bicycle lanes for additional access and increased accessibility for active transportation.

Additionally, the Project would include the realignment of the existing Vern McCullough Fresno River Trail. At the Project site, the trail is located on the south side of the Fresno Riverbank. In order to construct the bridge, the Project would relocate the portion of the trail at the Project site to an area just north of the Fresno Riverbank while simultaneously maintaining the continued functionality of the trail,. This would preserve the integrity and operation of the Vern McCullough Fresno River Trail. Therefore, impacts would be less than significant.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? Less than Significant Impact. The Project proposes a bridge across the Fresno River in order to improve traffic circulation between existing and proposed residential subdivisions in the area. The Project would Chapter 4: Environmental Impact Analysis
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assist in improving potential future congestion on existing upstream bridges at Granada Drive and Schnoor Ave. Construction of the bridge and its ancillary facilities would not have an impact on vehicle miles traveled (VMT) since the Project would not result in additional daily trips. The Project would make it easier for existing drivers to get from one place to another in the Project area. Impacts would be less than significant.
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The Project would not increase hazards. The Project would do the opposite by providing a new circulation element so that congestion could be reduced by providing an additional access point to cross the Fresno River. In addition, the proposed bridge would be directionally straight in nature and would be compatible for both vehicles and pedestrians. Therefore, impacts would be less than significant.
d) Would the project result in inadequate emergency access? Less than Significant Impact. The Project would provide an additional roadway for existing and future motorists and pedestrians to utilize. The bridge would provide permanent accessibility over an area that currently cannot be crossed by vehicle due to the obstruction created by the Fresno River. The bridge would provide new emergency access in the Project area. No Project feature would impede any existing emergency access. As discussed above, the Project would not substantially increase traffic delays on nearby roadways, but rather reduce any that may currently be experienced. Therefore, it would not cause delays in emergency access on roadways. The impact on emergency access would be less than significant.

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4.18 TRIBAL CULTURAL RESOURCES
Table 4-26: Tribal Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of
the landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in the local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resources
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.

Baseline Conditions
Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency, within 14 days of determining that it would undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement would be made. The City of Madera does not have any AB 52 tribal letter on file.

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Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than Significant Impact with Mitigation Incorporated. The City of Madera has not received a letter from any Native American Tribe pursuant to PRC ß 21080.3.1 (AB 52) officially requesting notification of Projects within a geographic area of traditional and cultural affiliation. No request for tribal consultation was made for the Project. Less than significant impacts, with mitigation incorporated, to tribal resources are expected. Mitigation Measures CUL-1 and CUL-2, described above in Section 4.5.4, are recommended in the event cultural materials or human remains are unearthed during excavation or construction.

Mitigation
See CUL-1 and CUL-2 above in Section 4.5.4
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4.19 UTILITIES AND SERVICE SYSTEMS
Table 4-27: Utilities and Service Systems Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Baseline Conditions
There are two existing underground utilities (sewer and gas mains) running below the proposed bridge site.

Water
The City of Madera Water Division manages and operates the City of Madera’s water supply system.

Groundwater is the sole source of water supply through 18 active wells that pump from the Madera Subbasin of the San Joaquin groundwater basin directly into the City’s distribution system. The distribution system consists of 200 miles of water mains that are maintained as a single pressure zone. The system also contains a one (1) million-gallon storage reservoir. The system’s connections are primarily “looped,” which provides increased capacity and reliability. According to the City’s 2014 Water System Master Plan (WSMP), existing 12-inch water supply pipelines are located in Condor Drive and Condor Road, immediately adjacent to the Project on the site’s westerly border. These pipelines are between Avenue 17 and Avenue 16 and ultimately connect to groundwater wells number 25 and 26. As of 2014, Well 25 has a rated capacity of 1,997 Gallons per Minute (GPM) with peak production recorded in summer, whereas Well 26 is a fire flow/emergency pump and is not typically used. However, the WSMP indicates that Well 26 is intended to Chapter 4: Environmental Impact Analysis
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be a full production well when water demand increases in the northwest with planned development (inclusive of the Project area).

Wastewater
In the City of Madera, wastewater is collected through a network of sanitary sewer collection pipelines ranging from eight (8) to 38 inches in diameter in addition to five (5) sewer lift stations. The influent is gravity-fed to the Wastewater Treatment Plant Facility (WWTF) that is located seven (7) miles west of the city. Due to topography, the sanitary sewer system is divided into five (5) dendritic sewer collection basins including: Westberry, Schnoor, Fourth Street, Stadium, and Pecan. The Project area is within the Westberry Collection Basin which includes the Airport and two (2) trunk systems – Airport Trunk and Westberry Trunk – which flow into the WWTP.

Solid Waste
Solid waste recycling and composting services are provided by a private contractor, Mid Valley Disposal.

Stormwater
There are four (4) major watersheds that collect and convey stormwater runoff in Madera. These watersheds include Cottonwood Creek, Root Creek/San Joaquin, Middle Fresno River, and Dry Creek.

Within these watersheds there are smaller drainage basins, which have existing or natural conveyance systems and may discharge to retention basins, pump stations, or direct outfalls to Madera Irrigation District (MID) canals, or Fresno River. Some basins are connected to MID facilities that receive surface water for recharge. In recent years, captured stormwater has been held in the basins to maximize percolation opportunities. When runoff exceeds basin capacity, water is sent to local streams and irrigation canals to allow basins to accommodate further runoff.

Natural Gas and Electricity
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users.

Telecommunications
Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand. The Project area contains AT&T communications towers.

Impact Analysis
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. There are two existing underground utilities (sewer and gas mains) running below the proposed bridge site. These two utility mains would not be moved and would be potholed in order to ensure they are not damaged. A new 12-inch water main would be installed to the underside of the bridge, as required by the City. In addition, utility conduits, up to 5 inches in diameter for electrical, cable TV, fiber optic, etc. would be constructed within the sidewalk on either side of the bridge. The Project would not require other large diameter utility lines such as stormwater and sewer mains. All utility Chapter 4: Environmental Impact Analysis
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adjustments would comply with applicable regulations and would be coordinated with the respective utility companies. Therefore, impacts would be less than significant. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact. The Project would not require new water sources as water would not be necessary for Project construction or maintenance. Therefore, there would be no impact. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. The proposed vehicular bridge and associated improvements would not require municipal wastewater service since no such waste would be generated by the bridge construction. During construction, the site would be served by temporary restrooms that would be properly maintained by a licensed contractor. Impacts would be less than significant. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. Mid Valley Disposal is the solid waste provider for the City of Madera. The Project would only generate solid waste during construction, but due to its temporary nature, it is not anticipated to be significant. Therefore, the Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts would be less than significant. e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. The Project would comply with all federal, State, and local statutes and regulations relating to solid waste. All waste generated at the site during construction would be subject to the City of Madera waste recycling regulations. Impacts would be less than significant.

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4.20 WILDFIRE
Table 4-28: Wildfire Impacts
If located in or near state
responsibility areas or lands classified
as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to
pollutant concentrations from a wildfire or
the uncontrollable spread of wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Baseline Conditions
The Project area would not be located in or near State Responsibility Areas (SRA), nor lands classified as Very High Fire Hazard Severity Zones. The nearest SRA is located approximately nine miles northeast, while the nearest Very High Fire Hazard Severity Zone is approximately 30 miles northeast of the Project.43 The Project would be served by the City of Madera Fire Department for fire protection, with the nearest station to the Project area being Station 58, located approximately 1.1 miles north.

Impact Analysis
a) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
43 (California Department of Forestry and Fire Protection 2022); (California Department of Forestry and Fire Protection 2022)
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c) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a-d) No Impact. The Project area is located in an area of low fire risk and is not located in or near a SRA.

As mentioned previously, the Project has not been designated by CalFire or the City of Madera as a Very High Fire Hazard Severity Zone. Therefore, there would be no impact.

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4.21 CEQA MANDATORY FINDINGS OF SIGNIFICANCE
Table 4-29: CEQA Mandatory Findings of Significance
Does the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Have the potential to substantially degrade the
quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
c) Have environmental effects which will cause
substantial adverse effects on human beings,
either directly or indirectly?
Statement of Findings
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact with Mitigation Incorporated. The analysis conducted in this IS/MND results in a determination that the Project, with incorporation of mitigation measures, would have a less than significant effect on the environment. The potential for impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, and tribal cultural resources from the construction and operation of the Project would be less than significant with the incorporation of the mitigation measures discussed in Chapter 5 Mitigation, Monitoring, and Reporting Program. Accordingly, the Project would involve no potential for significant impacts through the degradation of the quality of the environment, the reduction in the habitat or population of fish or wildlife, including endangered plants or animals, the elimination of a plant or animal community or example of a major period of California history or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when Chapter 4: Environmental Impact Analysis
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viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
No Impact. The Project is located in the City of Madera. The purpose of the Project is to improve traffic circulation between existing and proposed residential subdivisions in the area and assist in improving potential future congestion on existing upstream bridges at Granada Drive and Schnoor Ave. There are no like past, present, or future projects that have been identified. As mentioned previously, the proposed Westberry Bridge is the last remaining bridge identified in the City of Madera General Plan to be constructed along the Fresno River. Therefore, there would be no impact. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The Project would construct a bridge over the Fresno River in the City of Madera in order to alleviate traffic congestion. As identified within Chapter 2 Project Description , the Project also includes rerouting the existing Vern McCullough Fresno River Trail and replacing two canal locations with culverts where the bridge would cross the river. These items are ancillary and incidental to the construction of the bridge. The Project in and of itself would not create a significant hazard to the public or the environment. Construction-related impacts could occur temporarily as a result of construction; however, implementation of basic regulatory requirements identified in this IS/MND would ensure that impacts would be less than significant. Therefore, the Project would not have any direct or indirect adverse impacts on humans. This impact would be less than significant.

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CHAPTER 5 MITIGATION,

MONITORING, AND REPORTING

PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Westberry Bridge Project in the City of Madera. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 5-1: Mitigation, Monitoring, and Reporting Program presents the mitigation measures identified for the Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 5-1: Mitigation, Monitoring, and Reporting Program identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last columns will be used by the Lead and Responsible Agencies to ensure that individual mitigation measures have been complied with and monitored.

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Table 5-1: Mitigation, Monitoring, and Reporting Program Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
Aesthetics
AES-1 All outdoor lighting shall be hooded or screened as to direct the source of light downward and directed
towards the bridge deck so as not to negatively
impact surrounding properties or wildlife in or
around the river.

During construction, as
applicable
As applicable City of Madera –
Engineering
Department
Air Quality
AIR-1 Project construction equipment shall be equipped
with USEPA Tier 4 Final engines or better.

During construction Daily City of Madera –
Engineering
Department
Biological Resources
BIO-1A (WEAP Training): Prior to initiating construction activities (including staging and mobilization), all
personnel associated with Project construction will
attend mandatory Worker Environmental
Awareness Program (WEAP) training, conducted by
a qualified biologist, to aid workers in identifying
special status resources that may occur in the APE.

The specifics of this program will include
identification of the sensitive species and suitable
habitats, a description of the regulatory status and
general ecological characteristics of sensitive
resources, and review of the limits of construction
and mitigation measures required to reduce impacts
to biological resources within the work area. This
training will discuss special status species, describe
the laws and regulations in place to provide
protection of these species, identify the penalties
for violation of applicable environmental laws and
regulations, and a list of required protective
measures to avoid “take.” A fact sheet conveying
this information, along with photographs or
illustrations of sensitive species with potential to
occur onsite, will also be prepared for distribution to all contractors, their employees, and all other
Prior to construction Once City of Madera –
Engineering
Department
Chapter 5- Mitigation, Monitoring, & Reporting Program
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Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
personnel involved with construction of the Project.

All employees will sign a form documenting that
they have attended WEAP training and understand
the information presented to them.

BIO-1B (BMPs): The Project proponent will ensure that all workers employ the following BMPs in order to
avoid and minimize potential impacts to special
status species:
• Vehicles will observe a 15-mph speed limit
while on unpaved access routes.
• Workers will inspect areas beneath
parked vehicles prior to mobilization. If
special status species are detected
beneath vehicles, the individual will either
be allowed to leave of its own volition or
will be captured by the qualified biologist
(must possess appropriate
collecting/handling permits) and
relocated out of harm’s way to the nearest
suitable habitat beyond the influence of
the Project work area. “Take” of a listed
(rare, threatened, or endangered) species
is prohibited.

During construction Daily City of Madera –
Engineering
Department
BIO-2A (Operational Hours): Construction activities will be limited to daylight hours to reduce potential impacts
to wildlife movement corridors.

During construction Daily City of Madera –
Engineering
Department
BIO-2B (Wildlife Access): At no point will access to the river and canals be blocked outside of construction hours
or during overnight hours or weekends. If
construction must block both sides of a wildlife
access route, an alternative route through the
construction area will be identified by a qualified
biologist and maintained throughout the
construction schedule timeframe.

During construction Daily City of Madera –
Engineering
Department
BIO-2C (Cover Excavations): Pipeline/culvert/siphon
excavations and vertical pipes will be covered each
night to prevent wildlife from falling in and
During construction Daily City of Madera –
Engineering
Department
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Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
becoming trapped or injured during migratory or
dispersal movements.

BIO-3A (Avoidance): The Project’s construction activities will occur, if feasible, between September 16 and
January 31 (outside of nesting bird season) in an
effort to avoid impacts to nesting birds. If all Project activities will occur outside of nesting bird season,
no further mitigation is required.

During construction Only if
construction
activities occur
between
September 16 and
January 31
City of Madera –
Engineering
Department
BIO-3B (Pre-construction Surveys): If activities must occur within nesting bird season (February 1 to September
15), a qualified biologist will conduct a preconstruction survey for nesting birds including Swainson’s Hawk onsite and within a 0.5-mile radius.

This survey will be conducted in accordance with the
Recommended Timing and Methodology for
Swainson's Hawk Nesting Surveys in California's
Central Valley,
44 and the Staff Guidance Regarding
Avoidance of Impacts to Tricolored Blackbird
Breeding Colonies on Agricultural Fields,
45 or current
guidance. The Swainson’s Hawk survey will not be
completed between April 21 to June 10 due to the
difficulty of identifying nests during this time of year.

The pre-construction survey would also provide a
presence/absence survey for all other nesting birds
within the APE and an additional 50 feet, no more
than seven (7) days prior to the start of construction.

All raptor nests would be considered “active” upon
the nest-building stage.

Prior to construction If activities must
occur within
nesting bird season
(February 1 to
September 15)
City of Madera –
Engineering
Department
BIO-3C (Establish Buffers): On discovery of any active nests or breeding colonies near work areas, the biologist
will determine appropriate construction setback
distances based on applicable CDFW and/or USFWS
guidelines and/or the biology of the species in
question. Active Swainson’s Hawk nests will receive
During construction,
on discovery of active
nests or breeding
colonies near work
area
Daily upon
discovery
City of Madera –
Engineering
Department
44 (Swainson's Hawk Technical Advisory Committe 2000)
45 (California Emissions Estimator Model (CalEEMod) version 2013.2.2 n.d.) Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-5
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
a 0.5-mile buffer and active Tricolored Blackbird
nests will receive a 200-foot buffer. Reduced buffer
distances may be appropriate for Swainson’s Hawk
and Tricolored Blackbirds depending on site
conditions and ongoing disturbance levels and may
be discussed with CDFW. Construction buffers will
be identified with flagging, fencing, or other easily
visible means, and will be maintained until the
biologist has determined that the nestlings have
fledged.

BIO-3D (ITP): In the event an active Swainson’s Hawk nest, Tricolored Blackbird nest, or other nest are detected
during surveys and cannot be avoided, consultation
with CDFW will be warranted to discuss how to
implement the Project and avoid take. If take cannot
be avoided, take authorization through the
acquisition of an ITP pursuant to Fish and Game
Code section 2081, subdivision (b) is necessary to
comply with CESA.

During construction, in
the event an active
Swainson’s Hawk nest,
Tricolored Blackbird
nest, or other nest are
detected during
surveys and cannot be
avoided
Once City of Madera –
Engineering
Department
BIO-4A (Pre-construction Take Avoidance Survey): A
qualified biologist will conduct a pre-construction
take avoidance survey for burrowing owls in
accordance with CDFW’s Staff Report on Burrowing
Owl Mitigation,46 within thirty (30) days prior to the
start of construction activities. The survey will
include the proposed work area and surrounding
lands within 250 feet. If no burrowing owl
individuals or suitable burrows are observed, no
further mitigation is required.

Prior to construction Once within 30-
days
City of Madera –
Engineering
Department
BIO-4B (Avoidance/Monitoring): If an active burrowing owl burrow is detected, a qualified biologist will remain
onsite to monitor and the occurrence will be
reported to the local CDFW office and the CNDDB. A
disturbance-free buffer will be implemented in
accordance with CDFW’s 2012 Staff Report on
During construction, if
an active burrowing
owl burrow is detected
Daily, if an active
burrowing owl
burrow is detected
City of Madera –
Engineering
Department
46 (Placeholder2)
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-6
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
Burrowing Owl Mitigation, as outlined in the table
below.

BIO-4C (Consultation with CDFW and Passive Relocation): If avoidance of an active burrowing owl burrow is not
feasible, CDFW will be immediately consulted to
determine the best course of action, which may
include passive relocation during non-breeding
season. Passive relocation and/or burrow exclusion
will not take place without coordination with CDFW
and preparation of an approved exclusion and
relocation plan.

During construction, If
avoidance of an active
burrowing owl burrow
is not feasible
Once, If avoidance
of an active
burrowing owl
burrow is not
feasible
City of Madera –
Engineering
Department
BIO-5A (Pre-construction Survey): A qualified biologist will conduct a pre-construction survey of Project areas
within thirty (30) days prior to vegetation clearing or ground disturbing activities. Environmentally
sensitive areas will be flagged for avoidance. If Coast horned lizards are detected, construction
monitoring will be required. Surveys will not take
place when daytime temperatures are below 60˚F or
above 95˚F. If no suitable habitat or species
observations are found, no further mitigation is
required.

Prior to construction Once within 30-
days
City of Madera –
Engineering
Department
BIO-5B (Monitor): If species observations are found, a
qualified biologist will conduct a pre-activity
clearance survey each day and remain onsite to
oversee all vegetation clearing and ground
disturbing activities conducted within suitable
habitat for Coast horned lizards. If a listed species is observed within the Project area, the biologist will
stop work and allow the species to leave the site of
During construction, if
species observations
are found
Daily City of Madera –
Engineering
Department
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-7
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
its own volition or contact the appropriate
regulatory agency (CDFW and/or USFWS) for
guidance on how to proceed.

BIO-5C (ITP): In the event Coast horned lizards are detected during surveys and cannot be avoided, or a
biological monitor is not on-site through
construction, consultation with CDFW is warranted
to discuss how to implement the Project and avoid
take. If take cannot be avoided, take authorization
through the acquisition of an ITP pursuant to Fish
and Game Code section 2081, subdivision (b) is
necessary to comply with CESA.

During construction, in
the event Coast
horned lizards are
detected during
surveys and cannot be
avoided
Daily City of Madera –
Engineering
Department
BIO-5D (Mortality Reporting): The Sacramento Field Office of USFWS and the Fresno Field Office of CDFW will
be notified in writing within three working days in
the case of the accidental death or injury to a Coast
horned lizard during construction. Notification must
include the date, time, and location of the incident
and any other pertinent information.

During construction
within three working
days in the case of the
accidental death or
injury to a Coast
horned lizard
Daily City of Madera –
Engineering
Department
BIO-6A (Avoidance): The Project’s construction activities will occur, if feasible, between November 1 and
February 28 (outside of bat maternity season) in an
effort to avoid impacts to maternity roosts.

During construction Daily City of Madera –
Engineering
Department
BIO-6B (Pre-Construction Survey): A pre-construction survey for bats will be performed if construction activities
fall between March 1 and September 30 (bat
maternity season) and include tree removal. The
survey will be focused on trees to be removed
during construction and be conducted by a qualified
biologist within fourteen (14) days prior to tree
removal. All trees will be inspected for potential
roosting habitat. This survey can be performed
simultaneously with nesting bird surveys.

Prior to construction Daily, if
construction
activities fall
between March 1
and September 30
City of Madera –
Engineering
Department
BIO-6C (Emergence Survey): An emergence bat survey will be performed if suitable habitat or trees for roosting
bats are found during the pre-construction survey.

This survey will take place between May and
During construction, if
suitable habitat or
trees for roosting bats
are found during the
Between May and
September
(outside of bat
hibernation) and
City of Madera –
Engineering
Department
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-8
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
September (outside of bat hibernation) and will be
conducted during dusk hours. The survey will be
focused on trees to be removed during construction
and will be conducted by a qualified biologist within
two (2) days prior to tree removal.
pre-construction
survey
will be conducted
during dusk hours
BIO-6D (Establish Buffers): On discovery of any bat roosts near work areas, a qualified biologist should
determine appropriate construction setback
distances (buffer zones) based on applicable CDFW
and/or USFWS guidelines, if appropriate.

Construction buffers should be identified with
flagging, fencing, or other easily visible means, and
should be maintained until the biologist has
determined that the roost should no longer be
impacted by construction.

During construction,
on discovery of any
bat roosts near work
areas
Daily City of Madera –
Engineering
Department
BIO-6E (Operational Hours): Construction activities shall be limited to daylight hours to reduce potential impacts
to special status bats that could be foraging onsite.

During construction Daily City of Madera –
Engineering
Department
BIO-7A (Pre-construction Survey): No less than fourteen (14) days and no more than thirty (30) days prior to the
start of construction, a qualified biologist will
conduct a pre-construction survey for NPT within
the Fresno River and Canals, as well as adjacent to
the proposed work area. Pre-construction surveys
will be conducted in accordance with the United
States Geological Survey Western Pond Turtle (Emys
marmorata) Visual Survey Protocol for the
Southcoast Ecoregion47. Surveys will be conducted
outside of winter months (December – February). If
no NPT are observed during the pre-construction
survey, then construction activities may begin. If
construction is delayed or halted for more than 90
days, another pre-construction survey for NPT will
be conducted. If the surveys result in the
identification of a special status species, the
No less than fourteen
(14) days and no more
than thirty (30) days
prior to the start of
construction
Once City of Madera –
Engineering
Department
47 (United States Geological Survey 2006)
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-9
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
qualified biologist should determine if appropriate
buffers can be implemented to avoid impacts to the
individual(s) or if further surveys are required to
avoid impacts to potential nesting sites.

BIO-7B (Monitor): If species observations are found, a
qualified biologist will conduct a pre-activity
clearance survey each day and remain onsite to
oversee all vegetation clearing and ground
disturbing activities conducted within suitable
habitat for NPT. If a listed species is observed within the Project area, the biologist will stop work and
allow the species to leave the site of its own volition or contact the appropriate regulatory agency (CDFW
and/or USFWS) for guidance on how to proceed.

During construction, if
species observations
are found
Daily City of Madera –
Engineering
Department
BIO-7C (ITP): In the event NPT are detected during surveys and cannot be avoided, consultation with CDFW is
warranted to discuss how to implement the Project
and avoid take. If take cannot be avoided, take
authorization through the acquisition of an ITP
pursuant to Fish and Game Code section 2081,
subdivision (b) is necessary to comply with CESA.

Prior to construction Once City of Madera –
Engineering
Department
BIO-8A (Pre-construction Survey): A qualified biologist will conduct a preconstruction survey within thirty (30)
days prior to the start of construction. The goals of
this survey will be to identify if any suitable breeding or upland habitat is present within the APE and an
additional 100-foot survey area around the
designated APE. If no individuals or suitable habitat
is observed, no further mitigation is required.

Prior to construction Once, within 30-
days
City of Madera –
Engineering
Department
BIO-8B (Avoidance): On discovery of any suitable habitat near work areas, the biologist will determine
appropriate construction setback distances based
on applicable CDFW and/or USFWS guidelines for
western spadefoot. Construction buffers will be
identified with flagging, fencing, or other easily
visible means, and will be maintained until the end
of the Project. If appropriate construction buffers
Prior to construction,
on discovery of any
suitable habitat near
work areas
Once City of Madera –
Engineering
Department
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-10
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
cannot be maintained a focused survey will be
required to determine if western spadefoots are
found within the Project area or 100 feet of the
Project.

BIO-8C (Focused Survey): If appropriate buffers cannot be maintained, a qualified biologist will conduct a
focused survey during the known peak breeding
months of this species (February-March), prior to
the start of construction. Transects will be walked
throughout the entire APE and surrounding lands
within 100 feet and vantage points will be used to
survey for standing water. If no western spadefoots
adults or larvae are observed during the survey,
then construction activities may begin. If the survey
results in the identification of this special status
species, a qualified biologist will consult CDFW to
determine if appropriate buffers can be
implemented to avoid impacts to individual(s)
during construction.

Prior to construction,
If appropriate buffers
cannot be maintained,
a qualified biologist
will conduct a focused
survey during the
known peak breeding
months of this species
(February-March)
During the known
peak breeding
months of this
species (FebruaryMarch)
City of Madera –
Engineering
Department
BIO-8D (Monitor): If species observations are found, a
qualified biologist will conduct a pre-activity
clearance survey each day and remain onsite to
oversee all vegetation clearing and ground
disturbing activities conducted within suitable
habitat for western spadefoot. If a listed species is
observed within the Project area, the biologist will
stop work and allow the species to leave the site of
its own volition or contact the appropriate
regulatory agency (CDFW and/or USFWS) for
guidance on how to proceed.

Prior to construction, if
species observations
are found
Daily and remain
onsite
City of Madera –
Engineering
Department
BIO-8E (Formal Consultation): If western spadefoots are detected during surveys and cannot be avoided,
consultation with CDFW is warranted to discuss how
to implement the Project and avoid take. If take
cannot be avoided, take authorization through the
acquisition of an ITP pursuant to Fish and Game
Prior to construction,
If western spadefoots
are detected during
survey
Once City of Madera –
Engineering
Department
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-11
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
Code section 2081, subdivision (b) is necessary to
comply with CESA.

BIO-9A (Focused Survey): A qualified botanist/biologist will conduct focused botanical surveys during their
specific blooming period or overlapping blooming
period. Alkali-sink goldfields (Feb-April), California
alkali grass (March-May), hairy Orcutt grass (MaySept), heartscale (June-July), lesser saltscale (AprilOct), and Sanford’s arrowhead (May-Oct) will be surveyed according to CDFW’s Protocols for
Surveying and Evaluating Impacts to Special Status
Native Plant Populations and Sensitive Natural
Communities,
48 or current guidance, for areas where
ground disturbance will occur and prior to the start
of construction.

Prior to construction
For areas where
ground disturbance
will occur
Alkali-sink
goldfields (FebApril), California
alkali grass (MarchMay), hairy Orcutt
grass (May-Sept),
heartscale (JuneJuly), lesser
saltscale (AprilOct), and Sanford’s
arrowhead (MayOct)
City of Madera –
Engineering
Department
BIO-9B (Avoidance): If any suitable habitat for special status plants is identified during the survey, disturbancefree buffers and use of exclusion fencing will be placed around the area as not to disturb the plants
or its root system.

During construction Daily City of Madera –
Engineering
Department
BIO-9C (Formal Consultation): If rare plant individuals or populations or sensitive natural communities are
detected within Project work areas during the
survey, and the plants cannot be avoided, the
Project proponent will initiate consultation with
CDFW and/or USFWS to determine next steps for
relocation or to obtain an Incidental Take Permit
(ITP).

Prior to construction Daily City of Madera –
Engineering
Department
Cultural Resources
CUL-1 (Archaeological Remains): Should archaeological
remains or artifacts be unearthed during any stage
of project activities, work in the area of discovery
shall cease until the area is evaluated by a qualified
archaeologist. If mitigation is warranted, the project
During construction Daily City of Madera –
Engineering
Department
48 (California Department of Water Resources 2018)
Chapter 5- Mitigation, Monitoring, & Reporting Program
Madera Westberry Bridge Project
November 2023 5-12
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
proponent shall abide by recommendations of the
archaeologist.

CUL-2 (Human Remains): In the event that any human
remains are discovered on the Project site, the
Madera County Coroner must be notified of the
discovery (California Health and Safety Code,
Section 7050.5) and all activities in the immediate
area of the find or in any nearby area reasonably
suspected to overlie adjacent human remains must
cease until appropriate and lawful measures have
been implemented. If the Coroner determines that
the remains are not recent, but rather of Native
American origin, the Coroner shall notify the Native
American Heritage Commission (NAHC) in
Sacramento within 24 hours to permit the NAHC to
determine the Most Likely Descendent of the
deceased Native American.

During construction Daily City of Madera –
Engineering
Department
Geology and Soils
GEO-1 Should paleontological resources be encountered
on the Project area, all ground disturbing activities
in the area shall stop. A qualified paleontologist shall be contacted to assess the discovery. Mitigation
may include monitoring, recording the fossil locality,
data recovery and analysis, a final report. Public
educational outreach may also be appropriate.

Upon completion of the assessment, a report
documenting methods, findings, and
recommendations shall be prepared and submitted
to the City of Madera for review, and (if
paleontological materials are recovered) a
paleontological repository, such as the University of
California Museum of Paleontology.

During Construction Dail City of Madera –
Engineering
Department
Tribal Cultural Resources
See CUL-1
See CUL-2
References
Madera Westberry Bridge Project
November 2023 6-1
CHAPTER 6 REFERENCES
n.d.

Calfornia Department of Conservation. 2019. Important Farmland Categories. https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx.

California Department of Conservation. 2021. "Earthquake Zones of Required Investigation." https://maps.conservation.ca.gov/cgs/EQZApp/app/.

California Department of Fish and Wildlife. 2022. California Natural Diversity Database. https://wildlife.ca.gov/Data/CNDDB.

California Department of Forestry and Fire Protection. 2022. California State Responsibility Areas. https://www.arcgis.com/apps/mapviewer/index.html?layers=5ac1dae3cb2544629a845d9a19e83 991.
—. 2022. FHSZ Viewer. https://egis.fire.ca.gov/FHSZ/.

California Department of Toxic Substances Control. 2022. California Department of Toxic Substances Control EnviroStor. https://www.envirostor.dtsc.ca.gov/public/.

California Department of Transportation. 2018. California Department of Transportation. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057 116f1aacaa.

California Department of Water Resources. 2018. DWR Groundwater Basin Boundary Assessment Tool. https://gis.water.ca.gov/app/bbat/.

California Emissions Estimator Model (CalEEMod) version 2013.2.2. n.d. "California Emissions Estimator Model (CalEEMod) version 2013.2.2." Mendota.

City of Madera and PMC. 2009. "City of Madera General Plan Update Draft Environmental Impact Report." Madera. https://www.madera.gov/wp-content/uploads/2018/01/Draft-EIR.pdf.

City of Madera. 2009. City of Madera General Plan. October 7. Accessed September 2022. https://www.madera.gov/wp-content/uploads/2020/12/City-of-Madera-GP-12-04-20.pdf.

John A. Volpe National Transportation Systems Center. 2018. "FTA Transit Noise and Vibration Impact Assessment Manual ." https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/researchinnovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no0123_0.pdf.

Madera Department of Parks and Community Services. 2009. "City of Madera Park and Recreation Master Plan." Madera. https://www.madera.gov/wp-content/uploads/2016/05/Madera-Parks-and-RecMaster-Plan_Final-Combined-9-30-09.compressed-1.pdf.

Manzo S, Nicholson EG, Devereux Z, Fisher RN, Brown CW, Scott PA, Shaffer HB. 2021. "Conservation of Northwestern and Southwestern Pond Turtles: Threats, Population Size Estimates, and Population References
Madera Westberry Bridge Project
November 2023 6-2
Viability Analysis." Journal of Fish and Wildlife Management 12 (2): 485-501. Accessed September 2022.

Mead & Hunt. 2015. "Madera Countywide Airport Land Use Compatibility Plan." https://www.madera.gov/wp-content/uploads/2018/02/2015-ALUCP.pdf.

National Resource Conservation Service (NRCS). 2022. websoilsurvey. Accessed May 2022. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

National Wetlands Inventory (NWI) map. 2022. Accessed September 2022. http://fws.gov/wetlands/Data/Mapper.html.

National Wild and Scenic River System. 2020. National Wild and Scenic River System. https://www.rivers.gov/california.php.

San Joaquin Valley Air Pollution Control District. 2023. "The Indirect Source Review Rule." https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/.

Spinks PQ, Thomson RC, Shaffer HB. 2014. "The advantages of going large: genome-wide SNPs clarify the complex population history and systematics of the threatened wester pond turtle." Molecular Ecology 23: 2228-2241. Accessed September 2022.

State of California. 2022. State Water Resources Control Board Geo Tracker. https://geotracker.waterboards.ca.gov/.

State Water Resources Control Board. 2021. "State Wetland Definition and Procedures for Discharge of Dredged or Fill Material to Waters of the State." April 6. Accessed September 2022.

Swainson's Hawk Technical Advisory Committe. 2000. "Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley." CDFW. May. Accessed October 2021.

The City of Madera. 2009. Madera. https://www.madera.gov/wp-content/uploads/2018/01/Draft-EIR.pdf.

United States Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual.

Department of the Army. Accessed May 2022.

United States Census Bureau. 2022. "Quick Facts. Madera city, California." Madera. https://www.census.gov/quickfacts/fact/table/maderacitycalifornia/BZA010220.

United States Environmental Protection Agency (USEPA). 2021. United States Environmental Protection Agency WATERS Geoviewer. October. Accessed October 2021. https://www.epa.gov/waterdata/waters-geoviewer.

United States Federal Emergency Management Agency (FEMA) . 2020. FEMA Flood Map Service Center. https://msc.fema.gov/portal/home.

United States Fish and Wildlife Service. 2022. Environmental Conservation Online System (ECOS). Accessed May 2022. https://ecos.fws.gov/ecp/.

References
Madera Westberry Bridge Project
November 2023 6-3
United States Geological Survey. 2006. United States Geological Survey Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion. Accessed September 2022. https://sdmmp.com/upload/SDMMP_Repository/0/4fnpv18xm0sqtw29j7d3rz56bkychg.pdf.

Weather Spark. 2022. Climate and Average Weather Year Round on Oakdale. Weather Spark. https://weatherspark.com/y/1327/Average-Weather-in-Oakdale-California-United-States-YearRound.

Appendices
Westberry Bridge Project
November 2023 A-1
Appendix A: CalEEMod Output Files
Madera Westberry Bridge Project
Madera County, Annual
Project Characteristics -
Land Use - Bridge construction modeled as unenclosed parking structure Construction Off-road Equipment Mitigation - Project subject to Dust Control Plan

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Unenclosed Parking Structure 47.00 1000sqft 1.08 47,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
3 Wind Speed (m/s) 2.9 Precipitation Freq (Days) 51

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Pacific Gas and Electric Company
Operational Year 2024
CO2 Intensity
(lb/MWhr)
203.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

2.0 Emissions Summary
tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.1935 1.4336 1.5472 2.9100e0030.0436 0.0622 0.1058 0.0161 0.0597 0.0758 0.0000 245.4768 245.4768 0.0403 2.7300e003247.2987 Maximum 0.1935 1.4336 1.5472 2.9100e0030.0436 0.0622 0.1058 0.0161 0.0597 0.0758 0.0000 245.4768 245.4768 0.0403 2.7300e003247.2987 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.0522 0.4309 1.6229 2.9100e0030.0324 3.9600e0030.0363 0.0107 3.9500e0030.0147 0.0000 245.4766 245.4766 0.0403 2.7300e003247.2984 Maximum 0.0522 0.4309 1.6229 2.9100e0030.0324 3.9600e0030.0363 0.0107 3.9500e0030.0147 0.0000 245.4766 245.4766 0.0403 2.7300e003247.2984 Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

73.01 69.94 -4.89 0.00 25.79 93.63 65.66 33.60 93.38 80.66 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2023 3-31-2023 0.4662 0.1050
2 4-1-2023 6-30-2023 0.4453 0.1454
3 7-1-2023 9-30-2023 0.4502 0.1470
Highest 0.4662 0.1470

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.6101 7.6101 1.2300e0031.5000e0047.6853 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 7.6109 7.6109 1.2300e0031.5000e0047.6862 Unmitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 Building Construction Building Construction 2/7/2023 11/13/2023 5 200 5 Paving Paving 11/14/2023 11/27/2023 5 10
6 Architectural Coating Architectural Coating 11/28/2023 12/11/2023 5 10 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 1 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 6.00 231 0.29
Building Construction Forklifts 1 6.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 6.00 130 0.42
Paving Paving Equipment 1 8.00 132 0.36
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 1 7.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 2,820 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 1.88
Acres of Grading (Grading Phase): 4
Acres of Paving: 1.08
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.1 Mitigation Measures Construction
Use Cleaner Engines for Construction Equipment
Water Exposed Area
Reduce Vehicle Speed on Unpaved Roads
Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0147 0.1432 0.1346 2.4000e0046.7700e0036.7700e0036.3300e0036.3300e0030.0000 21.0866 21.0866 5.3500e0030.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e0046.7700e0036.7700e0036.3300e0036.3300e0030.0000 21.0866 21.0866 5.3500e0030.0000 21.2202 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.5000e0042.9000e0043.6200e0031.0000e0051.0400e0031.0000e0051.0400e0032.8000e0041.0000e0052.8000e0040.0000 0.8605 0.8605 3.0000e0053.0000e0050.8688 Total 4.5000e0042.9000e0043.6200e0031.0000e0051.0400e0031.0000e0051.0400e0032.8000e0041.0000e0052.8000e0040.0000 0.8605 0.8605 3.0000e0053.0000e0050.8688 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 2.8100e0030.0122 0.1472 2.4000e0043.7000e0043.7000e0043.7000e0043.7000e0040.0000 21.0865 21.0865 5.3500e0030.0000 21.2202 Total 2.8100e0030.0122 0.1472 2.4000e0043.7000e0043.7000e0043.7000e0043.7000e0040.0000 21.0865 21.0865 5.3500e0030.0000 21.2202 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.5000e0042.9000e0043.6200e0031.0000e0051.0400e0031.0000e0051.0400e0032.8000e0041.0000e0052.8000e0040.0000 0.8605 0.8605 3.0000e0053.0000e0050.8688 Total 4.5000e0042.9000e0043.6200e0031.0000e0051.0400e0031.0000e0051.0400e0032.8000e0041.0000e0052.8000e0040.0000 0.8605 0.8605 3.0000e0053.0000e0050.8688 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 6.2700e0030.0000 6.2700e0033.0000e0030.0000 3.0000e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1300e0030.0124 6.6400e0032.0000e0055.1000e0045.1000e0044.7000e0044.7000e0040.0000 1.5114 1.5114 4.9000e0040.0000 1.5236 Total 1.1300e0030.0124 6.6400e0032.0000e0056.2700e0035.1000e0046.7800e0033.0000e0034.7000e0043.4700e0030.0000 1.5114 1.5114 4.9000e0040.0000 1.5236 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e0052.0000e0052.2000e0040.0000 6.0000e0050.0000 6.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0530 0.0530 0.0000 0.0000 0.0535 Total 3.0000e0052.0000e0052.2000e0040.0000 6.0000e0050.0000 6.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0530 0.0530 0.0000 0.0000 0.0535 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.8200e0030.0000 2.8200e0031.3500e0030.0000 1.3500e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.1000e0049.1000e0048.6700e0032.0000e0053.0000e0053.0000e0053.0000e0053.0000e0050.0000 1.5114 1.5114 4.9000e0040.0000 1.5236 Total 2.1000e0049.1000e0048.6700e0032.0000e0052.8200e0033.0000e0052.8500e0031.3500e0033.0000e0051.3800e0030.0000 1.5114 1.5114 4.9000e0040.0000 1.5236 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e0052.0000e0052.2000e0040.0000 6.0000e0050.0000 6.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0530 0.0530 0.0000 0.0000 0.0535 Total 3.0000e0052.0000e0052.2000e0040.0000 6.0000e0050.0000 6.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0530 0.0530 0.0000 0.0000 0.0535 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0142 0.0000 0.0142 6.8500e0030.0000 6.8500e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.6700e0030.0289 0.0174 4.0000e0051.2100e0031.2100e0031.1100e0031.1100e0030.0000 3.6208 3.6208 1.1700e0030.0000 3.6501 Total 2.6700e0030.0289 0.0174 4.0000e0050.0142 1.2100e0030.0154 6.8500e0031.1100e0037.9600e0030.0000 3.6208 3.6208 1.1700e0030.0000 3.6501 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Total 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 6.3700e0030.0000 6.3700e0033.0800e0030.0000 3.0800e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 5.0000e0042.1900e0030.0218 4.0000e0057.0000e0057.0000e0057.0000e0057.0000e0050.0000 3.6208 3.6208 1.1700e0030.0000 3.6501 Total 5.0000e0042.1900e0030.0218 4.0000e0056.3700e0037.0000e0056.4400e0033.0800e0037.0000e0053.1500e0030.0000 3.6208 3.6208 1.1700e0030.0000 3.6501 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Total 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1523 1.1710 1.2611 2.2100e0030.0515 0.0515 0.0497 0.0497 0.0000 181.5991 181.5991 0.0308 0.0000 182.3701 Total 0.1523 1.1710 1.2611 2.2100e0030.0515 0.0515 0.0497 0.0497 0.0000 181.5991 181.5991 0.0308 0.0000 182.3701 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.6000e0040.0353 0.0119 1.6000e0045.2900e0032.3000e0045.5200e0031.5300e0032.2000e0041.7500e0030.0000 15.6498 15.6498 6.0000e0052.2900e00316.3329 Worker 6.8500e0034.4900e0030.0557 1.4000e0040.0159 1.0000e0040.0160 4.2400e0039.0000e0054.3200e0030.0000 13.2379 13.2379 4.4000e0043.9000e00413.3664 Total 7.8100e0030.0398 0.0676 3.0000e0040.0212 3.3000e0040.0216 5.7700e0033.1000e0046.0700e0030.0000 28.8877 28.8877 5.0000e0042.6800e00329.6993 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0293 0.3712 1.3124 2.2100e0033.0300e0033.0300e0033.0300e0033.0300e0030.0000 181.5989 181.5989 0.0308 0.0000 182.3698 Total 0.0293 0.3712 1.3124 2.2100e0033.0300e0033.0300e0033.0300e0033.0300e0030.0000 181.5989 181.5989 0.0308 0.0000 182.3698 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.6000e0040.0353 0.0119 1.6000e0045.2900e0032.3000e0045.5200e0031.5300e0032.2000e0041.7500e0030.0000 15.6498 15.6498 6.0000e0052.2900e00316.3329 Worker 6.8500e0034.4900e0030.0557 1.4000e0040.0159 1.0000e0040.0160 4.2400e0039.0000e0054.3200e0030.0000 13.2379 13.2379 4.4000e0043.9000e00413.3664 Total 7.8100e0030.0398 0.0676 3.0000e0040.0212 3.3000e0040.0216 5.7700e0033.1000e0046.0700e0030.0000 28.8877 28.8877 5.0000e0042.6800e00329.6993 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.2200e0030.0312 0.0440 7.0000e0051.5400e0031.5400e0031.4200e0031.4200e0030.0000 5.8862 5.8862 1.8700e0030.0000 5.9329 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.2200e0030.0312 0.0440 7.0000e0051.5400e0031.5400e0031.4200e0031.4200e0030.0000 5.8862 5.8862 1.8700e0030.0000 5.9329 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e0041.5000e0041.8100e0030.0000 5.2000e0040.0000 5.2000e0041.4000e0040.0000 1.4000e0040.0000 0.4302 0.4302 1.0000e0051.0000e0050.4344 Total 2.2000e0041.5000e0041.8100e0030.0000 5.2000e0040.0000 5.2000e0041.4000e0040.0000 1.4000e0040.0000 0.4302 0.4302 1.0000e0051.0000e0050.4344 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 8.0000e0043.4600e0030.0493 7.0000e0051.1000e0041.1000e0041.1000e0041.1000e0040.0000 5.8862 5.8862 1.8700e0030.0000 5.9329 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.0000e0043.4600e0030.0493 7.0000e0051.1000e0041.1000e0041.1000e0041.1000e0040.0000 5.8862 5.8862 1.8700e0030.0000 5.9329 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e0041.5000e0041.8100e0030.0000 5.2000e0040.0000 5.2000e0041.4000e0040.0000 1.4000e0040.0000 0.4302 0.4302 1.0000e0051.0000e0050.4344 Total 2.2000e0041.5000e0041.8100e0030.0000 5.2000e0040.0000 5.2000e0041.4000e0040.0000 1.4000e0040.0000 0.4302 0.4302 1.0000e0051.0000e0050.4344 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 9.8000e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 9.6000e0046.5100e0039.0600e0031.0000e0053.5000e0043.5000e0043.5000e0043.5000e0040.0000 1.2766 1.2766 8.0000e0050.0000 1.2785 Total 0.0108 6.5100e0039.0600e0031.0000e0053.5000e0043.5000e0043.5000e0043.5000e0040.0000 1.2766 1.2766 8.0000e0050.0000 1.2785 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Total 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 9.8000e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.5000e0046.4000e0049.1600e0031.0000e0052.0000e0052.0000e0052.0000e0052.0000e0050.0000 1.2766 1.2766 8.0000e0050.0000 1.2785 Total 9.9500e0036.4000e0049.1600e0031.0000e0052.0000e0052.0000e0052.0000e0052.0000e0050.0000 1.2766 1.2766 8.0000e0050.0000 1.2785 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Total 7.0000e0054.0000e0055.6000e0040.0000 1.6000e0040.0000 1.6000e0044.0000e0050.0000 4.0000e0050.0000 0.1324 0.1324 0.0000 0.0000 0.1337 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

4.0 Operational Detail - Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

4.1 Mitigation Measures Mobile

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Unenclosed Parking Structure 0.00 0.00 0.00
Total 0.00 0.00 0.00
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Unenclosed Parking Structure 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Unenclosed Parking Structure 0.500104 0.052860 0.172660 0.158983 0.033384 0.008488 0.010945 0.028437 0.000810 0.000210 0.026444 0.001975 0.004700 CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 7.6101 7.6101 1.2300e0031.5000e0047.6853 Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 7.6101 7.6101 1.2300e0031.5000e0047.6853 NaturalGas
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

5.1 Mitigation Measures Energy
Historical Energy Use: N
CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Unenclosed
Parking Structure
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Unenclosed
Parking Structure
0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

6.1 Mitigation Measures Area

6.0 Area Detail

5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Unenclosed
Parking Structure
82250 7.6101 1.2300e0031.5000e0047.6853
Total 7.6101 1.2300e0031.5000e0047.6853
Unmitigated
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Unenclosed
Parking Structure
82250 7.6101 1.2300e0031.5000e0047.6853
Total 7.6101 1.2300e0031.5000e0047.6853
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Unmitigated 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

9.8000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

3.0400e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e0050.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Total 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

7.1 Mitigation Measures Water

7.0 Water Detail

9.8000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

3.0400e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e0050.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Total 4.0600e0030.0000 4.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.4000e0048.4000e0040.0000 0.0000 8.9000e004 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Unenclosed
Parking Structure
0 / 0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 26 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Unenclosed
Parking Structure
0 / 0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated

8.1 Mitigation Measures Waste

8.0 Waste Detail
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 0.0000 0.0000 0.0000 0.0000
Unmitigated 0.0000 0.0000 0.0000 0.0000
Category/Year
CalEEMod Version: CalEEMod.2020.4.0 Page 27 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Unenclosed
Parking Structure
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Unenclosed
Parking Structure
0 0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Page 28 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

11.0 Vegetation

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2020.4.0 Page 29 of 29 Date: 12/2/2022 10:41 AM Madera Westberry Bridge Project - Madera County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Madera Westberry Bridge Project
Madera County, Winter
Project Characteristics -
Land Use - Bridge construction modeled as unenclosed parking structure Construction Off-road Equipment Mitigation - Project subject to Dust Control Plan

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Unenclosed Parking Structure 47.00 1000sqft 1.08 47,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
3 Wind Speed (m/s) 2.9 Precipitation Freq (Days) 51

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Pacific Gas and Electric Company
Operational Year 2024
CO2 Intensity
(lb/MWhr)
203.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

2.0 Emissions Summary
tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
tblConstEquipMitigation Tier No Change Tier 4 Final
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

2.1 Overall Construction (Maximum Daily Emission)
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 2.1664 14.4924 13.8152 0.0251 7.1647 0.6773 7.7696 3.4465 0.6333 4.0030 0.0000 2,416.227 8 2,416.227
8 0.6480 0.0299 2,431.943
8 Maximum 2.1664 14.4924 13.8152 0.0251 7.1647 0.6773 7.7696 3.4465 0.6333 4.0030 0.0000 2,416.227 8 2,416.227
8 0.6480 0.0299 2,431.943
8 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2023 2.0044 4.1235 15.0759 0.0251 3.2693 0.0381 3.3034 1.5629 0.0381 1.5970 0.0000 2,416.227 8 2,416.227
8 0.6480 0.0299 2,431.943
8 Maximum 2.0044 4.1235 15.0759 0.0251 3.2693 0.0381 3.3034 1.5629 0.0381 1.5970 0.0000 2,416.227 8 2,416.227
8 0.6480 0.0299 2,431.943
8 Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

7.48 71.55 -9.13 0.00 54.37 94.37 57.48 54.65 93.99 60.11 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0225 4.0000e0054.7900e0030.0000 0.0000 2.0000e0052.0000e0050.0000 2.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0000 0.0110 Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0225 4.0000e0054.7900e0030.0000 0.0000 2.0000e0052.0000e0050.0000 2.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0000 0.0110 Mitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 1/1/2023 1/27/2023 5 20
2 Site Preparation Site Preparation 1/28/2023 1/31/2023 5 2 3 Grading Grading 2/1/2023 2/6/2023 5 4
4 Building Construction Building Construction 2/7/2023 11/13/2023 5 200 5 Paving Paving 11/14/2023 11/27/2023 5 10
6 Architectural Coating Architectural Coating 11/28/2023 12/11/2023 5 10 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 1 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 6.00 231 0.29
Building Construction Forklifts 1 6.00 89 0.20
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 2,820 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 1.88
Acres of Grading (Grading Phase): 4
Acres of Paving: 1.08
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.1 Mitigation Measures Construction
Use Cleaner Engines for Construction Equipment
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 6.00 130 0.42
Paving Paving Equipment 1 8.00 132 0.36
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 1 7.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.4725 14.3184 13.4577 0.0241 0.6766 0.6766 0.6328 0.6328 2,324.395 9 2,324.395
9 0.5893 2,339.127
8 Total 1.4725 14.3184 13.4577 0.0241 0.6766 0.6766 0.6328 0.6328 2,324.395 9 2,324.395
9 0.5893 2,339.127
8 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Total 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Unmitigated Construction Off-Site
Water Exposed Area
Reduce Vehicle Speed on Unpaved Roads
CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.2811 1.2179 14.7184 0.0241 0.0375 0.0375 0.0375 0.0375 0.0000 2,324.395 9 2,324.395
9 0.5893 2,339.127
8 Total 0.2811 1.2179 14.7184 0.0241 0.0375 0.0375 0.0375 0.0375 0.0000 2,324.395 9 2,324.395
9 0.5893 2,339.127
8 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Total 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 6.2662 0.0000 6.2662 3.0041 0.0000 3.0041 0.0000 0.0000 Off-Road 1.1339 12.4250 6.6420 0.0172 0.5074 0.5074 0.4668 0.4668 1,666.057 3 1,666.057
3 0.5388 1,679.528
2 Total 1.1339 12.4250 6.6420 0.0172 6.2662 0.5074 6.7736 3.0041 0.4668 3.4709 1,666.057 3 1,666.057
3 0.5388 1,679.528
2 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0282 0.0198 0.2200 5.6000e0040.0657 3.8000e0040.0661 0.0174 3.5000e0040.0178 56.5119 56.5119 2.0900e0031.8600e00357.1175 Total 0.0282 0.0198 0.2200 5.6000e0040.0657 3.8000e0040.0661 0.0174 3.5000e0040.0178 56.5119 56.5119 2.0900e0031.8600e00357.1175 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 2.8198 0.0000 2.8198 1.3518 0.0000 1.3518 0.0000 0.0000 Off-Road 0.2106 0.9126 8.6714 0.0172 0.0281 0.0281 0.0281 0.0281 0.0000 1,666.057 3 1,666.057
3 0.5388 1,679.528
2 Total 0.2106 0.9126 8.6714 0.0172 2.8198 0.0281 2.8479 1.3518 0.0281 1.3799 0.0000 1,666.057 3 1,666.057
3 0.5388 1,679.528
2 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0282 0.0198 0.2200 5.6000e0040.0657 3.8000e0040.0661 0.0174 3.5000e0040.0178 56.5119 56.5119 2.0900e0031.8600e00357.1175 Total 0.0282 0.0198 0.2200 5.6000e0040.0657 3.8000e0040.0661 0.0174 3.5000e0040.0178 56.5119 56.5119 2.0900e0031.8600e00357.1175 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 7.0826 0.0000 7.0826 3.4247 0.0000 3.4247 0.0000 0.0000 Off-Road 1.3330 14.4676 8.7038 0.0206 0.6044 0.6044 0.5560 0.5560 1,995.614 7 1,995.614
7 0.6454 2,011.750
3 Total 1.3330 14.4676 8.7038 0.0206 7.0826 0.6044 7.6869 3.4247 0.5560 3.9807 1,995.614 7 1,995.614
7 0.6454 2,011.750
3 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0352 0.0248 0.2750 7.0000e0040.0822 4.8000e0040.0826 0.0218 4.4000e0040.0222 70.6399 70.6399 2.6100e0032.3200e00371.3969 Total 0.0352 0.0248 0.2750 7.0000e0040.0822 4.8000e0040.0826 0.0218 4.4000e0040.0222 70.6399 70.6399 2.6100e0032.3200e00371.3969 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 3.1872 0.0000 3.1872 1.5411 0.0000 1.5411 0.0000 0.0000 Off-Road 0.2522 1.0927 10.9071 0.0206 0.0336 0.0336 0.0336 0.0336 0.0000 1,995.614 7 1,995.614
7 0.6454 2,011.750
3 Total 0.2522 1.0927 10.9071 0.0206 3.1872 0.0336 3.2208 1.5411 0.0336 1.5748 0.0000 1,995.614 7 1,995.614
7 0.6454 2,011.750
3 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0352 0.0248 0.2750 7.0000e0040.0822 4.8000e0040.0826 0.0218 4.4000e0040.0222 70.6399 70.6399 2.6100e0032.3200e00371.3969 Total 0.0352 0.0248 0.2750 7.0000e0040.0822 4.8000e0040.0826 0.0218 4.4000e0040.0222 70.6399 70.6399 2.6100e0032.3200e00371.3969 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.5233 11.7104 12.6111 0.0221 0.5145 0.5145 0.4968 0.4968 2,001.787 7 2,001.787
7 0.3399 2,010.285
8 Total 1.5233 11.7104 12.6111 0.0221 0.5145 0.5145 0.4968 0.4968 2,001.787 7 2,001.787
7 0.3399 2,010.285
8 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.3200e0030.3619 0.1211 1.6400e0030.0543 2.3100e0030.0566 0.0156 2.2100e0030.0178 172.7071 172.7071 6.0000e0040.0253 180.2503 Worker 0.0704 0.0495 0.5500 1.4000e0030.1643 9.5000e0040.1653 0.0436 8.8000e0040.0445 141.2798 141.2798 5.2200e0034.6400e003142.7938 Total 0.0797 0.4114 0.6710 3.0400e0030.2186 3.2600e0030.2218 0.0592 3.0900e0030.0623 313.9869 313.9869 5.8200e0030.0299 323.0441 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.2930 3.7120 13.1241 0.0221 0.0303 0.0303 0.0303 0.0303 0.0000 2,001.787 7 2,001.787
7 0.3399 2,010.285
8 Total 0.2930 3.7120 13.1241 0.0221 0.0303 0.0303 0.0303 0.0303 0.0000 2,001.787 7 2,001.787
7 0.3399 2,010.285
8 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.3200e0030.3619 0.1211 1.6400e0030.0543 2.3100e0030.0566 0.0156 2.2100e0030.0178 172.7071 172.7071 6.0000e0040.0253 180.2503 Worker 0.0704 0.0495 0.5500 1.4000e0030.1643 9.5000e0040.1653 0.0436 8.8000e0040.0445 141.2798 141.2798 5.2200e0034.6400e003142.7938 Total 0.0797 0.4114 0.6710 3.0400e0030.2186 3.2600e0030.2218 0.0592 3.0900e0030.0623 313.9869 313.9869 5.8200e0030.0299 323.0441 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6446 6.2357 8.8024 0.0136 0.3084 0.3084 0.2846 0.2846 1,297.688 0 1,297.688
0 0.4114 1,307.972
5 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.6446 6.2357 8.8024 0.0136 0.3084 0.3084 0.2846 0.2846 1,297.688 0 1,297.688
0 0.4114 1,307.972
5 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Total 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.1598 0.6922 9.8512 0.0136 0.0213 0.0213 0.0213 0.0213 0.0000 1,297.688 0 1,297.688
0 0.4114 1,307.972
5 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.1598 0.6922 9.8512 0.0136 0.0213 0.0213 0.0213 0.0213 0.0000 1,297.688 0 1,297.688
0 0.4114 1,307.972
5 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Total 0.0458 0.0322 0.3575 9.1000e0040.1068 6.2000e0040.1074 0.0283 5.7000e0040.0289 91.8319 91.8319 3.3900e0033.0200e00392.8160 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.9606 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1917 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Total 2.1523 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0141 9.9100e0030.1100 2.8000e0040.0329 1.9000e0040.0331 8.7200e0031.8000e0048.8900e00328.2560 28.2560 1.0400e0039.3000e00428.5588 Total 0.0141 9.9100e0030.1100 2.8000e0040.0329 1.9000e0040.0331 8.7200e0031.8000e0048.8900e00328.2560 28.2560 1.0400e0039.3000e00428.5588 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 1.9606 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0297 0.1288 1.8324 2.9700e0033.9600e0033.9600e0033.9600e0033.9600e0030.0000 281.4481 281.4481 0.0168 281.8690 Total 1.9903 0.1288 1.8324 2.9700e0033.9600e0033.9600e0033.9600e0033.9600e0030.0000 281.4481 281.4481 0.0168 281.8690 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0141 9.9100e0030.1100 2.8000e0040.0329 1.9000e0040.0331 8.7200e0031.8000e0048.8900e00328.2560 28.2560 1.0400e0039.3000e00428.5588 Total 0.0141 9.9100e0030.1100 2.8000e0040.0329 1.9000e0040.0331 8.7200e0031.8000e0048.8900e00328.2560 28.2560 1.0400e0039.3000e00428.5588 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

4.0 Operational Detail - Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

4.1 Mitigation Measures Mobile

4.2 Trip Summary Information

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Unenclosed Parking Structure 0.500104 0.052860 0.172660 0.158983 0.033384 0.008488 0.010945 0.028437 0.000810 0.000210 0.026444 0.001975 0.004700 CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000

5.1 Mitigation Measures Energy
Historical Energy Use: N
CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

6.1 Mitigation Measures Area

6.0 Area Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Unmitigated 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating

5.3700e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

0.0167 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 4.4000e0044.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Total 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

7.1 Mitigation Measures Water

7.0 Water Detail

5.3700e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

0.0167 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 4.4000e0044.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Total 0.0225 4.0000e0054.7900e0030.0000 2.0000e0052.0000e0052.0000e0052.0000e0050.0103 0.0103 3.0000e0050.0110 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

11.0 Vegetation

8.1 Mitigation Measures Waste

8.0 Waste Detail

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 24 Date: 12/2/2022 10:58 AM Madera Westberry Bridge Project - Madera County, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Appendices
Westberry Bridge Project
November 2023 B-1
Appendix B: Biological Evaluation
Shaylea Stark, Biologist
PROVOST & PRITCHARD CONSULTING GROUP | 455 W. FIR AVE, CLOVIS CA 93611 Biological Evaluation

CITY OF MADERA

WESTBERRY BOULEVARD BRIDGE PROJECT
SEPTEMBER 2022
City of Madera
Westberry Boulevard Bridge Project Biological Evaluation Provost & Pritchard Consulting Group Page | 1
Table of Contents
I. Introduction ................................................................................................................................................................ 4 Project Description ........................................................................................................................................................ 4 Report Objectives ........................................................................................................................................................... 4 Study Methodology ........................................................................................................................................................ 9 II. Existing Conditions ................................................................................................................................................. 10 Regional Setting ............................................................................................................................................................ 10 Topography............................................................................................................................................................... 10 Climate ....................................................................................................................................................................... 10 Hydrology ................................................................................................................................................................. 10 Soils ............................................................................................................................................................................ 10 Biotic Habitats .............................................................................................................................................................. 11 Riverine ...................................................................................................................................................................... 11 Canal .......................................................................................................................................................................... 11 Residential ................................................................................................................................................................. 11 Natural Communities of Special Concern ................................................................................................................ 12 Designated Critical Habitat of the APE ................................................................................................................... 12 Wildlife Movement Corridors .................................................................................................................................... 12 Special Status Plants and Animals ............................................................................................................................. 12 III. Impacts and Mitigation ...................................................................................................................................... 18 Significance Criteria ..................................................................................................................................................... 18 CEQA ........................................................................................................................................................................ 18 NEPA ........................................................................................................................................................................ 19 Relevant Goals, Policies, and Laws ........................................................................................................................... 19 City of Madera General Plan.................................................................................................................................. 19 Threatened and Endangered Species .................................................................................................................... 20 Designated Critical Habitat .................................................................................................................................... 20 Migratory Birds ........................................................................................................................................................ 20 Birds of Prey ............................................................................................................................................................. 20 Nesting Birds ............................................................................................................................................................ 21 Wetlands and other “Jurisdictional Waters” ........................................................................................................ 21 Potentially Significant Project-Related Impacts and Mitigation ........................................................................... 22 General Mitigation Measures ................................................................................................................................. 22 City of Madera
Westberry Boulevard Bridge Project Biological Evaluation Provost & Pritchard Consulting Group Page | 2
Project-Related Impacts to Wildlife Movement Corridors and Native Wildlife Nursery Sites. ................. 23 Project-Related Mortality and/or Disturbance of Nesting Raptors, Migratory Birds, and Special Status Birds ........................................................................................................................................................................... 23 Project-Related Mortality and/or Disturbance of Burrowing Owls ............................................................... 24 Project-Related Mortality and/or Disturbance to Coast Horned Lizards ...................................................... 25 Project-Related Mortality and/or Disturbance to Bats ..................................................................................... 26 Project-Related Mortality and/or Disturbance to Northwestern Pond Turtles ............................................ 27 Project-Related Mortality and/or Disturbance to Western Spadefoot ........................................................... 27 Project-Related Impacts to Special Status Plant Species ................................................................................... 28 Project-Related Impacts to Riparian Habitat and Natural Communities of Special Concern .................... 29 Project-Related Impacts to Regulated Waters, Wetlands, and Water Quality ............................................... 29 Section 7 Determinations ............................................................................................................................................ 30 Less than Significant Project-Related Impacts ........................................................................................................ 31 Project-Related Impacts to Special Status Animal Species Absent From, or Unlikely to Occur on, the Project Site ................................................................................................................................................................ 31 Project-Related Impacts to Special Status Plant Species Absent From, or Unlikely to Occur on, the Project Site ................................................................................................................................................................ 31 Project-Related Impacts to Special Status Fishes Absent From, or Unlikely to Occur on, the Project Site .................................................................................................................................................................................... 32 Project-Related Impacts to Critical Habitat ......................................................................................................... 32 Local Policies or Habitat Conservation Plans ..................................................................................................... 32 Coastal Zone and Coastal Barriers Resources Act ............................................................................................. 32 Project-Related Impact to Essential Fish Habitat .............................................................................................. 32 IV. References ............................................................................................................................................................ 33 List of Figures
Figure 1. Regional Location .............................................................................................................................................. 6 Figure 2. Topographic Quadrangle Map ......................................................................................................................... 7 Figure 3. Area of Potential Effect .................................................................................................................................... 8 List of Tables
Table 1. List of Soils Located Onsite and Their Basic Properties ............................................................................ 10 Table 2. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity ......................... 13 Table 3. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity ............................. 15 Table 4. Section 7 Determinations ................................................................................................................................. 30 City of Madera
Westberry Boulevard Bridge Project Biological Evaluation Provost & Pritchard Consulting Group Page | 3
List of Appendices
Appendix A: Photos of the Project Area
Appendix B: CNDDB 9-Quad Search
Appendix C: IPaC Search
Appendix D: NRCS Soils Report
Appendix E: NMFS EFH Mapper
City of Madera
Westberry Boulevard Bridge Project Biological Evaluation Provost & Pritchard Consulting Group Page | 4
I. Introduction
The following technical report, prepared by Provost & Pritchard Consulting Group, in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), includes a description of the biological resources present or with potential to occur within the proposed Westberry Boulevard Bridge Project (Project) and surrounding areas, and evaluates potential Project-related impacts to those resources.

Project Description
The Project is located within the northwest portion in the City of Madera in Madera County, California, northwest of the City of Fresno (see Figure 1 and Figure 2). The Developer and the City of Madera propose to construct a new vehicular bridge along the Westberry Boulevard Alignment. This bridge would cross the Fresno River to the northwest portion of the City of Madera in order to improve traffic circulation and to avoid and future congestion on existing upstream bridges at Granada Drive and Schnoor Avenue. The bridge crossing structure would be approximately 402 feet long by approximately 94 feet wide and will accommodate two 12- foot traveled ways in each direction, one 12-foot-wide center median, two 6-foot shoulder/bike lanes, two 10- foot sidewalks, and two 1-foot concrete barriers with tubular hand railing along each side of the bridge deck.

The structure would consist of a 10-span cast-in-place reinforced concrete flat slab bridge supported on seat type abutments and 36-inch diameter cast-in-steel-shell or cast-in-drilled-hole piles at the abutments and piers.

An earthen irrigation canal runs along the exterior side of each riverbank and are owned by the Bureau of Reclamation and are operated by Madera Irrigation District. The northern canal is Lateral Canal 24.2-14.2, and the southern canal is Lateral Canal 24.2. There is also an existing pedestrian trail that runs along the south bank of the river. Tree removal along the trail will be a part of Project activities but there is no permitting process for tree removal within the City of Madera.

Madera City CouncilNovember 15, 2023

Madera City Council
November 15, 2023