PROFESSIONAL SERVICES AGREEMENT
[Environmental and Survey Services]
THIS PROFESSIONAL SERVICES Agreement (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2026 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ULTRASYSTEMS ENVIRONMENTAL INCORPORATED, a California corporation (“Consultant”), who agree as follows:
ARTICLE 1
Introduction
a. The work to be performed under this A greement is described in Article III Statement of Work and the approved Consultant’s Cost Proposal dated May 2026. The approved Consultant’s Cost Proposal is attached hereto ( Exhibit “A”) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this agreement , this agreement shall take precedence.
b. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Dien Vu (“ Contract Administrator ”), shall be the person to whom Consultant will report for the performance of the Work hereunder. It is understood that Consultant’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Con sultant shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.
c. Consultant agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless the City , its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this Agreement on the part of Consultant , except such loss or damage which was caused by the sole negligence, or willful misconduct of the City, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this Agreement
d. Consultant in the performance of this Agreement, shall act in an independent capacity.
It is understood and agreed that Consultant (including Consultant's employees) is an independent contractor and that no relationship of employer -employee exists between the Parties hereto.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of City.
2 e. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under the provisions of the Agreement , and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant 's assigned personnel.
Consultant, in the performance of its obligation hereunder, is only subject to the control or direction of the City as to the designation of tasks to be performed and the results to be accomplished.
f. Any third-party person(s) employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant . Consultant hereby indemnifies and holds the City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.
g. Except as expressly authorized herein, Consultant's obligations under this Agreement are not assignable or transferable, and Consultant shall not subcontract any work, without the prior written approval of the City. However, claims for money due or which become due to Consultant from City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
h. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by Consultant.
i. No alteration or variation of the terms of this Agreement shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
j. The consideration to be paid to Consultant as provided herein, shall be in compensation for all of Consultant’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE 2
Consultant’s Reports or Meetings
a. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s Contract Administrator to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
b. Consultant’s Project Manager shall meet with City’s Contract Administrator, as needed, to discuss progress on the Agreement
3 ARTICLE 3
Statement of Work
a. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work.
The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Consultant’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Consultant shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency.
All services provided shall conform to all f ederal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
ARTICLE 4
Performance Period
a. This Agreement shall go into effect on August 11, 2026, contingent upon approval by the City, and Consultant shall commence work after notification to proceed by the City’s Contract Administrator. The Agreement shall end on August 11, 2027, unless extended by Agreement amendment.
b. Consultant is advised that any recommendation for Agreement award is not binding on the City until the Agreement is fully executed and approved by the City.
ARTICLE 5
Allowable Costs and Payments
1. Compensation and Fees.
a. Consultant's total compensation for all services performed under this Agreement, shall not exceed EIGHTY- NINE THOUSAND FIVE HUNDRED FORTY DOLLARS and 00/100 ($89,540.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
2. Payment.
a. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
4 b. All s uch invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Consultant the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
e. the Consultant must submit Exhibit 9 -P to the City administering the contract by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
3. Change Orders.
a. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an a mendment to this Agreement.
City’s Contract Administrator is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Consultant and shall be signed by the City’s Contract Administrator, City Manager or City Council, as applicable.
ARTICLE 6
Termination
a. This Agreement may be terminated by the City , provided that the City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, the City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
b. The City may temporarily suspend this Agreement , at no additional cost to the City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If the City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.
c. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to the City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.
d. In the event of termination, Consultant shall be compensated as provided for in this Agreement. Upon termination, the City shall be entitled to all work, including but not limited to, 5 reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE 7
Cost Principals and Administrative Requirements
a. The Consultant agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost
b. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the Consultant to the City.
d. When a Consultant or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE 8
Retention of Records/Audits
a. For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant , Subconsultants, and the City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. The City , Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant ’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE 9
Audit Review Procedures
a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by the City’s Chief Financial Officer.
b. Not later than thirty (30) calendar days after issuance of the final audit report, 6 Consultant may request a review by the City’s Chief Financial Officer of unresolved audit issues.
The request for review will be submitted in writing.
c. Neither the pendency of a dispute nor its consideration by the City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement
d. Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by the City’s Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by the City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
e. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City’s Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
(1) During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, the City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
7 i. If the proposed rate is less than one hundred fifty percent (150%) – the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
ii. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty- five percent (85%) of the proposed rate.
iii. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
(2) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
(3) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
(4) Consultant may submit to the City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of the City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO THE CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between the City and the Consultant, either as a prime subconsultant, with the same fiscal period ICR.
ARTICLE 10
Subcontracting
a. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant 's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant.
b. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Administrator, except that which is expressly identified in the 8 Consultant’s approved Cost Proposal.
c. Any subagreement entered into as a result of this Agreement , shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.
d. Consultant shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.
e. Any substitution of Subconsultants must be approved in writing by the City’s Contract Administrator in advance of assigning work to a substitute Subconsultant.
ARTICLE 11
State Prevailing Wage Rates
a. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.
b. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
c. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
d. Payroll Records
(1) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
9 i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
(2) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the City representatives at all reasonable hours at the principal office of the Consultant . The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
ii. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant.
iii. The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request.
(3) Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
(4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social se curity number.
The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated.
(5) The Consultant shall inform the City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
(6) The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 10 (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to the City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by the City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section
e. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Administrator.
f. Penalty
(1) The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
(2) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement .
(3) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant.
(4) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Consultant of the project is not liable for the penalties described above unless the Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Consultant fails to comply with all of the following requirements:
i. The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
11 ii. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project
iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
(5) Pursuant to Labor Code §1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
(6) If the City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if the City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by the City.
g. Hours of labor
(1) Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty- five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one -half (1.5) times the basic rate of pay , as provided in §1815.
h. Employment of Apprentices
(1) Where either the prime Agreement or the subagreement exceeds thirty 12 thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
(2) Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE 12
Conflict of Interest
a. During the term of this Agreement , the Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement or any ensuing the City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing the City construction project which will follow.
b. Consultant certifies that it has disclosed to the City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either the City ordinance or State law.
c. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
d. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE 13
Rebates, Kickbacks, or Other Unlawful Consideration
The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, the City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct 13 from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE 14
Non-Discrimination Clause and Statement of Compliance
a. The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
b. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, menta l disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
c. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the City shall require to ascertain compliance with this clause.
e. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
f. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
g. The Consultant, with regard to the work performed under this Agreement , shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or 14 subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
h. The Consultant shall comply with regulations relative to non -discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
i. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Pla n with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE 15
Debarment and Suspension of Certification
a. The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
(1) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
(2) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
(3) Does not have a proposed debarment pending; and
(4) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
b. Any exceptions to this certification must be disclosed to the City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
c. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
15 ARTICLE 16
Insurance
a. Consultant shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Consultant understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Consultant shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Consultant shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Consultant under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance.
In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 16.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Consultant shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($ 1,000,000) per claim. Con sultant agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Consultant shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Consultant will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Consultant performs any work or prepares or delivers any materials, Consultant 16 shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse w ithout at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j. Consultant shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Consultant.
k. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
ARTICLE 17
Disputes
Prior to either party commencing any legal action under this Agreement , the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty -five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
a. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the City’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by Consultant.
b. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by the City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
17 c. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.
ARTICLE 18
Inspection of Work
Consultant and any subconsultant shall permit the City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.
ARTICLE 19
Ownership of Data
a. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant ’s personnel information, along with all other property belonging exclusively to City which is in Consultant ’s possession.
Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
b. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
c. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
ARTICLE 20
Claims Filed by City’s Construction Contractor
a. If claims are filed by the City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant ’s personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
18 b. Consultant’s personnel that the City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the City.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement
c. Services of Consultant ’s personnel in connection with the City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
ARTICLE 21
National Labor Relations Board Certification
In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two -year period, because of Consultant ’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
ARTICLE 22
Contingent Fee
Consultant warrants by execution of this Agreement that no person or selling agency, company, or group has been employed or retained to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting Bonafide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE 23
Title VI Assurances
Appendix A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement
b. Nondiscrimination: Consultant, with regard to the work performed by it during the 19 Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub- applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant ’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
e. Sanctions for Noncompliance: In the event of Consultant ’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto
Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
Appendix B
During the performance of this contract, the Consultant , for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant ”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
20 • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal- aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non- discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low -income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
ARTICLE 24
Licenses
Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Consultant and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract. 21 ARTICLE 25
Claim Resolution
City and Consultant agree that the claim resolution process applicable to any claim by Consultant in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204.
ARTICLE 26
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e -mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three ( 3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
UltraSystem Environmental Incorporated City of Orange 16431 Scientific Way 300 E. Chapman Avenue
Irvine, CA 92618 Orange, CA 92866-1591
Attn: Betsy A. Lindsay Attn: Dien Vu
Telephone: (949) 788-4901 Telephone: (714) 744-5551 E-Mail: [email protected] E-Mail: [email protected]
ARTICLE 27
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page]
22 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
ULTRASYSTEMS ENVIRONMENTAL CITY OF ORANGE, a municipal corporation INCORPORATED, a California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Connor Hyland
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
√
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Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18 Page i
UltraSystems No. 260427
TECHNICAL PROPOSAL FOR
ENVIRONMENTAL AND SURVEY SERVICES FOR
RIVERDALE AVENUE COMPLETE STREET IMPROVEMENT
(RFP NO. 25-26.18; SP-4308)
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
UltraSystems Environmental, Inc.
16431 Scientific Way, Irvine, CA 92618
Proposal No. 260427
May 2026
Prepared By:
Prepared For:
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18 Page i
UltraSystems No. 260427
TABLE OF CONTENTS
1.0 COVER LETTER ......................................................................................................................................... ii
2.0 ULTRASYSTEMS PROJECT TEAM ORGANIZATION AND KEY PERSONNEL ........................... 1
2.1 Firm Profile ................................................................................................................................................. 1
2.2 Project Team .............................................................................................................................................. 2
2.3 Subconsultants .......................................................................................................................................... 6
2.4 Organizational Chart ............................................................................................................................... 7
3.0 RELEVANT EXPERIENCE ........................................................................................................................ 8
3.1 UltraSystems – Past Caltrans and Road Improvement Projects ........................................... 8
3.2 Hunsaker & Associates – Past Pavement Projects.................................................................... 10
3.3 Citadel EHS – Past Caltrans Projects .............................................................................................. 11
4.0 PROJECT APPROACH AND UNDERSTANDING ............................................................................. 13
4.1 Project Understanding ......................................................................................................................... 13
4.2 Scope of Work .......................................................................................................................................... 14
5.0 WORK PROGRESS ACTIVITY SCHEDULE ....................................................................................... 18
6.0 INSURANCE COVERAGE ...................................................................................................................... 19
TABLES
Table 2.2–1 – Project Team Role ..................................................................................................................................... 2 Table 2.2–2 - Key Personnel - Roles On The Project ............................................................................................... 3 Table 2.4–1 – Organizational Chart ................................................................................................................................ 8 Table 5.0–1 – Project Schedule ...................................................................................................................................... 19
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18 Page ii
UltraSystems No. 260427
1.0 COVER LETTER
May 27, 2026
City of Orange,
Public Works Department
Attn: Dien Vu
300 East Chapman Avenue Orange, CA 92866-1591
Email: [email protected]
SUBJECT: PROPOSAL FOR ENVIRONMENTAL AND SURVEY SERVICES FOR RIVERDALE AVENUE COMPLETE STREET IMPROVEMENT (RFP NO. 25-26.18; SP-4308)
Dear Mr. Vu:
UltraSystems Environmental Incorporated (UltraSystems) is pleased to submit our proposal to the City of Orange (City) to provide expert environmental and design survey services for the Riverdale Avenue Complete Street Improvement Project (hereinafter referred to as "Project").
UltraSystems is a full-service planning and environmental consulting firm serving public and private sector clients throughout California. The preparation and review of CEQA/NEPA documents and related technical studies have been a core service of UltraSystems since our inception in 1994. This expertise includes coordination with local, state, federal and other governmental agencies; managing public participation programs; issuing necessary legal notices; and incorporating the environmental document(s) into the overall planning process.
UltraSystems regularly acts as an extension of staff for public agencies to perform all required public and agency notifications for CEQA/NEPA environmental review documents.
After review, UltraSystems handles the logistics of distribution, publication, and notifications per Government Code requirements.
We have 52 employees that have a broad range of experience preparing environmental documents (CEs, EAs, EISs, EIRs, MNDs, NDs, Addendums, etc.) and technical studies in full compliance with NEPA and CEQA. UltraSystems is headquartered in Irvine, California.
The core project team will include our management professionals led by Betsy Lindsay, MURP, ENV SP as Project Director, and Hina Gupta, MPl, LEED AP, as Senior Project Manager. Ms. Gupta will serve as the primary point of contact for the project, providing day-to-day management, coordination with the City staff, and oversight of technical work products. The knowledge, skills and experience of our core project team are highlighted within the proposal, and they will leverage their leadership skills with our experienced in- house experts and technical leads to manage and provide the required services for successful project completion.
To support efficient coordination and locally informed analysis, many of the required technical studies will be completed by experienced local subconsultants with established familiarity with Orange County environmental conditions. Our subconsultant teaming Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18 Page iii
UltraSystems No. 260427
partners are listed below, along with their respective areas of expertise, and will provide specialized technical analyses and local knowledge essential to successful environmental compliance and design survey for the proposed project.
Subconsultants
Citadel EHS Hazardous Materials
Hunsaker & Associates Design Survey
Contact Person for this Contract. Betsy A. Lindsay, President/CEO. E:
[email protected] T: (949) 788-4900 ext. 227 or C: (949) 274-3935.
As the President/CEO of UltraSystems, I am a duly authorized officer of the firm with the legal authority to bind and commit the firm to contractual obligations. UltraSystems has reviewed the documents provided by the City including Addendum one and has no exceptions to complying. We understand our role and the terms of our commitment. This proposal is valid for 180 days. UltraSystems is requesting that our billing information and costing be treated as proprietary information and not released as public information.
Sincerely,
ULTRASYSTEMS ENVIRONMENTAL INCORPORATED
Betsy A. Lindsay, MURP, ENV SP, President/CEO
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
2.0 ULTRASYSTEMS PROJECT TEAM ORGANIZATION AND KEY PERSONNEL
2.1 Firm Profile
UltraSystems Environmental, Inc. (UltraSystems) is a full-service environmental planning and compliance firm specializing in NEPA and CEQA documentation for public infrastructure, road improvement and transportation projects. Headquartered in Irvine, California, UltraSystems has established a strong reputation for delivering technically sound, legally defensible, and schedule-driven environmental documentation that meets all applicable federal, state, and local requirements.
Since 1994, NEPA and CEQA compliance has been a core service of the firm. Over the past 30+ years, UltraSystems has prepared more than 7,000 environmental documents, engineering studies, and technical assessments. This extensive experience includes projects requiring coordination with federal agencies and preparation of documentation to support Caltrans approvals, including Categorical Exclusions (CEs).
UltraSystems brings directly relevant experience and technical capabilities including:
Preparation of NEPA documentation, with a focus on efficient and defensible CE determinations;
Evaluation of project alternatives and site constraints to support decision-making; Preparation and management of multidisciplinary technical studies (biological, cultural, hazardous materials, traffic, air quality, noise, and related disciplines); Coordination with Caltrans and regulatory agencies to ensure compliance and timely approvals; and
Implementation of public outreach and stakeholder engagement programs to support the NEPA process.
UltraSystems employs 52 professional and support personnel, including a multidisciplinary team of planners, scientists, engineers, archaeologists, biologists, and GIS specialists. This in- house capability allows UltraSystems to rapidly mobilize resources, maintain quality control, and minimize reliance on subconsultants, supporting efficient project delivery.
Our team is experienced in managing projects with multiple stakeholders, complex environmental constraints, and accelerated schedules, and is well equipped to support the City in advancing the proposed Project through a streamlined NEPA process and achieving a defensible and timely Categorical Exclusion (CE) determination.
FIRM PROFILE
Company Name: UltraSystems Environmental, Incorporated (UltraSystems) Corporation Type: UltraSystems is a S Corporation (C1747565). It is privately held.
Headquarters: 16431 Scientific Way, Irvine, CA 96218
T: 949/788-4900 | F: 949/788-4901
Website: https://ultrasystems.com/
Year Incorporated: July 14, 1994 | S-Corp
FEIN: 33-0623499
D&B Number: 87924-8243
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
Years in Business: 32
Organizational
Structure:
Flat, with six distinctive Groups. Including: (1) AQ, Noise, GHG; (2) Biological Services; (3) Cultural Resources; (4) GIS; (5) Environmental; (6) Water Resources.
Diversity
Certifications:
Disadvantaged Business Enterprise (DBE)
Small Business Enterprise (SBE)
Woman-owned Business Enterprise (WBE)
Federal Woman-owned Small Business (WOSB)
DIR # 1000369051
Contact for the
Contract:
Betsy A. Lindsay, CEO | E: [email protected]
T: 949/788-4900 x227
Number of
Employees: Full time employees in Irvine = 52
NAICS: 541620, 541330, 541370, 541618, 541720, 541690, 541990 Office Locations: Irvine, Grass Valley, Patterson
UltraSystems will manage and perform all work for this assignment from our Irvine, California office. This office is staffed with senior project managers and technical specialists, enabling efficient coordination, rapid response, and consistent delivery of high-quality work products.
2.2 Project Team
The following table includes a description of the entire UltraSystems project team, their role and office location.
Table 2.2-1
PROJECT TEAM ROLE
PRIME/
SUB FIRM ROLE OFFICE
LOCATION
PRIME
UltraSystems
Environmental
WBE/DBE*/SBE
NEPA Compliance and Environmental
Documentation; Project Management
and Agency Coordination
Irvine, CA
SUB Citadel EHS ISA (Phase 1) and PSI (Phase 2) Glendale, CA SUB Hunsaker Design Survey Irvine, CA
*DBE under review currently by Caltrans
The UltraSystems project team will be led by senior-level professionals with extensive experience delivering NEPA compliance for complex public infrastructure and transportation projects. Many team members bring over 25 years of technical expertise and have successfully supported federal, state, and local agencies throughout California.
Key personnel identified below are currently available and will be fully committed to this project for its duration. Our team is specifically structured to support City’s objectives,
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
including completion of design surveys and preparation of NEPA documentation, coordination with Caltrans, and delivery of a defensible Categorical Exclusion (CE). Several members of this team have directly supported Caltrans-funded projects and CE determinations within California.
If unforeseen circumstances require staff adjustments, UltraSystems has the in-house depth to seamlessly replace personnel with individuals of comparable expertise, ensuring continuity and schedule adherence.
Table 2.2-2
KEY PERSONNEL - ROLES ON THE PROJECT
Personnel Name | Degree Project Role Yrs.
exp.
%
Availability
Project Management
Betsy A. Lindsay, MURP
President/CEO
Project Director/Principal
Contract Administration, Resource
Allocation
40 20%
Hina Gupta, MPl, LEED AP
Vice President/Senior Project
Manager
Senior Project Manager
Caltrans Coordination, QA/QC, NEPA
Compliance
18 30%
Technical Leads
Billye Breckenridge, BA
Project Manager GIS Analysis 26 30%
Dr. Michael Rogozen, D. Env.
Senior Principal Engineer Air Quality, GHG Emissions, Noise 49 20% Michelle Tollett, BA, ISA
Senior Biologist Biological Resources 26 15%
Allison Carver, BS, BA
Senior Biologist
Water Quality Assessment and
Regulatory Permitting 24 30%
Megan Black-Doukakis, MA
Project Archaeologist Cultural and Historical Resources 14 20% Michael Milroy, MS, BS
Senior Planner
NEPA Compliance and CE
Documentation 19 20%
Specialty Technical Support
Mark Drollinger, MEng, CSP,
CHMM, EIT Principal
Citadel EHS
ISA (Phase 1) and PSI (Phase 2) 40 20%
Mabel Hill Garcia, PE, Project
Engineer
Hunsaker & Associates
Design Survey 40 25%
Jason R. Kinnie, PLS, Senior
Surveyor
Hunsaker & Associates
Design Survey 40 20%
Serving as Project Director will be the firm’s owner, Ms. Betsy A. Lindsay, MURP, President/CEO. She will represent all facets of our firms’ contractual commitments to the Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
City and ensure that all resource requirements are met during the execution of the Work Program. Hina Gupta, MPl, LEED AP will serve as our Senior Project Manager on this assignment. She will be responsible for the day-to-day activities of the Project Team and will be our Primary Point of Contact with the City.
BETSY LINDSAY, MURP | PRINCIPAL-IN-CHARGE/PROJECT DIRECTOR As Principal-in-Charge, Ms. Lindsay will provide executive oversight and strategic direction to ensure successful delivery of services to the City. She will serve as the primary point of contact for contractual matters and will be responsible for ensuring that all work is completed on schedule, within budget, and in full compliance with applicable federal and state regulatory requirements. Ms. Lindsay will oversee the project’s quality assurance/quality control (QA/QC) program, ensuring that all environmental documentation meets NEPA standards and is legally defensible. She will also ensure that appropriate technical resources are allocated and that project risks are proactively identified and managed. Drawing on decades of experience supporting federally funded infrastructure improvement projects, she will provide guidance on regulatory strategy, agency coordination, and efficient document preparation to support timely project delivery.
With over 40 years of experience, Ms. Lindsay has prepared more than 500 environmental documents and managed over 20 large-scale on-call contracts involving thousands of task orders for public agencies. Her expertise includes NEPA/CEQA compliance, transit and infrastructure projects, and coordination with federal, state, and local agencies. She has extensive experience working with Caltrans-funded projects. Her leadership ensures that projects are not only compliant but also strategically positioned to withstand regulatory scrutiny and support funding approvals.
EDUCATION
MURP., Urban and Regional Planning, California State Polytechnic University, Pomona, CA
B.S., Geography, California State University, Long Beach, CA
SELECT PROJECT EXPERIENCE
Ms. Lindsay has led or overseen environmental compliance for numerous road improvement projects requiring NEPA documentation and federal funding coordination:
OC Loop Bike Trail, Segments O, P, and Q, Orange County, CA – IS/MND North County ITS Palmdale Extension Project, Palmdale, CA – IS/MND Pitchess Detention Center Emergency Vehicle Operation Center, Los Angeles County, CA – IS/MND
KART Transit Station Project, Kings County, CA - IS/MND & EA/FONSI Los Angeles Regional Interoperable Communication System – Los Angeles County, CA – Biological Assessment
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Los Angeles Regional Interoperable Communications System (LA-RICS), Los Angeles County, CA - NEPA and CEQA Documentation,
Vermont Avenue Overcrossing Widening at US 101, Los Angeles, CA – Technical Studies
Heacock Street Bridge Over the Perris Valley Storm Drain Lateral “A,” Bridge Widening and Improvement Project, Moreno Valley, CA – CEQA/NEPA Lindley Avenue Bridge Over the Los Angeles River, Bridge Widening and Improvement Project, Los Angeles, CA - PES
Victor Valley Transit Authority Bus Administration, Operations, and Maintenance Facility, Hesperia, CA - MND/CE
US-395 Realignment, San Bernardino County, CA - Environmental Impact Report (EIR)
Bus Parking Expansion, Riverside, CA - IS/MND
Division 9 Transportation Building, Los Angeles, CA - IS/MND City of Gardena Bus and Maintenance Facility, Gardena, CA - MND/CE HINA GUPTA, MPL, LEED AP | SENIOR PROJECT MANAGER
Ms. Gupta is a Senior Environmental Professional with over 18 years of comprehensive experience in environmental planning and project management. She specializes in CEQA and NEPA document management and preparation, regulatory permitting, and compliance across a diverse range of sectors including infrastructure, transportation, and multi-family housing.
Expert in navigating the complexities of the environmental review process, Ms. Gupta manages the preparation of EIRs, EISs, and IS/MNDs, and is proficient at identifying project-specific permitting needs. Her technical expertise extends to Aesthetics and Visual Impact Analysis, Sustainable Land Use, and Community Impact Assessments. She is highly skilled in coordinating with federal, state, and local resource agencies to secure environmental permits and approvals. She has extensive experience working with Caltrans-funded projects. Ms. Gupta provides strategic oversight for multi- disciplinary teams, conducting rigorous QA/QC reviews. Her extensive project portfolio comprises public and private projects including infrastructure & utilities improvement, transportation, flood control, water/wastewater lines, renewable energy, transmission lines, master-planned communities, commercial/residential development, industrial warehouses, and educational facilities.
EDUCATION
Master of Planning, University of Southern California, Los Angeles, CA B.Arch., Chandigarh College of Architecture, Chandigarh, India
PROFESSIONAL CERTIFICATE
LEED Accredited Professional (Leadership in Energy and Environmental Design)
SELECT PROJECT EXPERIENCE
Garfield Avenue Complete Street Improvements Project, City of South Gate, CA – PES Gage Avenue Bridge Rehabilitation Project, City of Bell, CA - IS/MND, PES OC Loop Bike Trail, Segments O, P, and Q, Orange County, CA – IS/MND
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North County ITS Extension Phase V Project, City of Palmdale, CA – IS/MND Malaga Bridge and Foothill Boulevard Street Improvement Project, City of Fontana, CA – IS/MND, PES
Advanced Dilemma Zone Detection Improvements at 49 Intersections Project, City of San Bernardino, CA - PES
North County ITS Extension Phase IV Project, City of Palmdale, CA – IS/MND Pitchess Detention Center Emergency Vehicle Operation Center, Los Angeles County, CA – IS/MND
KART Transit Station Project, Kings County, CA - IS/MND & EA/FONSI Pasadena Transit Operations and Maintenance Facility Project, City of Pasadena, CA - IS/MND
Dogwood Road Bridge Improvement Project, Imperial County, CA – IS/MND Jamboree Road Widening Project, Cities of Irvine and Newport Beach, CA - JD Los Angeles Interoperable Communications System (LA-RICS) Project, Los Angeles County, CA – EA/FONSI
I-405/Sepulveda Pass Widening, Los Angeles County, CA – Construction Monitoring, Noise Mitigation
Glen Helen Parkway Grade Separation, San Bernardino County, CA – Environmental Documentation
Go Local Fixed Guideway, Cities of Anaheim and Santa Ana, CA California High-Speed Rail Project, Anaheim to Los Angeles Section, CA – EIR
2.3 Subconsultants
UltraSystems has established strong working relationships with a select group of highly qualified subconsultant partners who provide specialized expertise. These firms are integrated into our project team and will be engaged as needed to address specific technical requirements, including hazardous materials, engineering and design surveys, and other specialized analyses. Our subconsultants have extensive experience supporting NEPA compliance for transportation and infrastructure projects and are familiar with federal, state, and local regulatory requirements. UltraSystems has successfully collaborated with these partners on numerous projects, allowing for efficient coordination, consistent quality, and seamless integration of technical studies into the overall NEPA documentation process.
These established relationships enable UltraSystems to quickly mobilize the appropriate technical resources, maintain schedule and budget control, and deliver complete, defensible documentation to support Caltrans review and approval.
CITADEL EHS | HAZARDOUS MATERIALS (ISA AND PSI)
Citadel EHS (Citadel) is a market-leading, employee-owned Environmental, Health, and Safety (EHS) consulting firm that understands how the ‘built environment’ is developed,
operated, occupied, and, eventually, deconstructed. Citadel EHS is dedicated to protecting the employees that build and occupy those structures and the environment in which they sit.
Citadel provides unique, integrative approaches to Environmental, Health, and Safety challenges for the entire life cycle of a project—from concept to completion, design to
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development. Citadel’s expert team possesses an integrative knowledge base of Architecture, Industrial Hygiene, Safety, Construction, Geology, Sustainability and more that together ensure the most comprehensive strategy and solution for our clients. No matter what the project is, we assess our client’s challenges, resolve them in a cost-effective manner, and strengthen their businesses. Our founders set these high standards for technical excellence and integrative expertise back when the company was founded in 1993; however, it was their dedication to customer service that became the foundation for everything we do— caring for the people we serve and the work we do. We believe in putting people first, and doing what’s right, always.
HUNSAKER & ASSOCIATES | DESIGN SURVEY
Hunsaker & Associates’ (H&A) headquarters is located in Irvine (approximately 130 employees). H&A has a branch office in the City of Riverside (approximately 20 employees), and a field staff of approximately 50 employees. The firm was started in 1976 and remains a closely held corporation with six principals. All are Southern California residents and active project managers, and each has over 30 years of experience in their discipline. Hunsaker offers the following categories of services to public agencies and private clients:
Land Surveying and Mapping Services: Our survey group provides a comprehensive range of state-of-the-art surveying for our clients, combining traditional surveying techniques with advanced surveying technology. In the office, H&A is staffed with licensed surveyors who have extensive experience with preparation and interpretation of legal descriptions and mapping procedures. Our 20 field crews are fully equipped with sophisticated survey instruments, and each is led by a certified party chief.
Engineering Services: Since 1976, H&A has worked with both public and private sector clients to design local streets and arterial roadways, drainage systems, WQMPs and treatment facilities, flood control channels, water and wastewater systems, and other backbone infrastructure for numerous projects throughout Southern California. We provide concise, cost effective, and accurate designs.
Planning Services: H&A staff can create specific plans; civil support; urban design; master plans; re-use and redevelopment planning; site/land use planning; community planning; general plans; land subdivision tentative mapping, entitlement-to-use processing; and regulatory permits.
Resumes of key personnel are provided in the Technical Appendix.
2.4 Organizational Chart
Figure 2.4-1 presents the UltraSystems project organizational chart. The chart identifies key personnel, subconsultants, and their respective roles, and illustrates clear lines of communication and responsibility between the City, UltraSystems, our subconsultants, and supporting team members. The project team is structured to provide efficient project delivery, with direct oversight by the Project Director and day-to-day management led by the Senior Project Manager. Technical leads and subconsultants are integrated into the team
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to support specific resource areas, ensuring that all environmental studies and documentation are coordinated and consistent with NEPA and Caltrans requirements.
Figure 2.4-1
ORGANIZATIONAL CHART
3.0 RELEVANT EXPERIENCE
3.1 UltraSystems – Past Caltrans and Road Improvement Projects CITY OF SANTA ANA – DYER ROAD IMPROVEMENTS,
CALTRANS ENCROACHMENT
Client: City of Santa Ana c/o Tetra Tech
Contact: Paula Fell, Sr. Environmental Planner
Address: 17885 Von Karman Ave #500,
Irvine, CA 92614
Phone: (310) 497-6684
Email: [email protected]
Location: SR-55 to Red Hill – Dyer Rd.
Improvements from 6-8 lanes.
Duration: October 2025 to Ongoing
Manager: Billye Breckenridge
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Project No./Cost: 7345/$15,170
Project Team: Betsy Lindsay (Project Director)
The City proposed to widen a portion of Dyer Road from SR-55 to Red Hill Avenue. In order to have enough right-of-way to accommodate the street widening, we needed to partially acquire approximately 13 commercial properties. The City most likely needed to demo the car port at Motel 6. UltraSystems needed to involve Caltrans due to the encroachment permits. This street segment was one of the most heavily trafficked in the City and had an Average Daily Traffic volume of over 50,000 vehicles. Currently, a portion of this segment had three through lanes in both east and west bound directions. The City’s General Plan classified Dyer Road from Grand Avenue to Redhill Avenue as a Primary Arterial (four lanes in each direction) with a Class II bike lane. The section of Dyer Road to the east of the Project was already wide enough to accommodate four lanes up to Red Hill Avenue. In conformance with the General Plan, the proposed Project provided an additional through lane in both the east and west bound directions and incorporated a class II bike lane, wider sidewalks, and landscaping. Additionally, the proposed improvements included the construction of sidewalk, curb and gutter, pavement rehabilitation, BMP’s, and curb ramps at all intersections, which met pertinent requirements set forth under the Americans with Disabilities Act (ADA). BNSF Railway right-of-way was within this project segment and needed to be included in the partial acquisition scope.
PINE CANYON ROAD IMPROVEMENT PROJECT
Client: Los Angeles County Department of Public Works (LACDPW) Contact: Josue Barahona, Civil Engineering Assistant
Address: 900 South Fremont Avenue, Alhambra, CA 91802-1460 Phone: (626) 458-5152
Email: [email protected]
Location: West Antelope Valley/Castaic/Lake Hughes and the Angeles National Forest Duration: July 2018 to September 2018
Manager: Allison Carver
Project No./Cost: 6083/$49,350.00
Project Team: Steve O’Neil (Deputy PM)
The Pine Canyon Road Improvement
Project covered 9.59 miles of road and
starts southeast of the intersection of
Three-Points Road and Pine Canyon Road
and terminated at the intersection of Lake
Hughes Road and Pine Canyon Road. The
project was located in the unincorporated
areas of West Antelope
Valley/Castaic/Lake Hughes and the Angeles National Forest. The scope of work included cold milling or removal of the top 1-1/2 inches of asphalt and repaving with cold-in-place recycling of the asphalt to a thickness of 3 inches with 1-1/2 inches of asphalt rubber hot mix (ARHM) to be placed atop. There was also minor shoulder grading and replacement of
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missing asphalt adjacent to overside drains where needed. All work was confined to existing pavement areas and confined to LACDPW right of way.
3.2 Hunsaker & Associates – Past Pavement Projects
References Services
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Josh McDonald, Project Manager
(949) 497-0728
[email protected]
Downtown Street Rehabilitation Laguna Beach, CA
Project evaluated 6,500 feet of street with 8
intersections and 25 curb ramps for compliance with
City standards for slopes and ADA criteria. The result
was a variable depth overlay and modifications to
several intersections to provide safe and smooth travel surfaces. H&A prepare the bid documents for the
construction.
City of Irvine
1 Civic Center Plaza
Irvine, CA 92612
Irvine Boulevard Widening and Rehabilitation
Irvine, CA
Design included pavement rehabilitation cold-milling
of existing pavement through the entire reach with
variable AC capping to correct cross-fall gradients
deficiencies and meet current City minimum standards.
Street was widened from 10 to 35 feet in each direction to create a 6-lane major arterial roadway.
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92537
Remon Habib, City Engineer
(951) 674-3124 ext. 213
[email protected]
Railroad Canyon Road Widening and Rehabilitation
Lake Elsinore, CA
H&A was responsible for preparing concept and final
street improvement plans for widening the 4-lane
existing super-elevated roadway to the ultimate planned 6-lane arterial roadway with a raised median and ADA
improvements.
City of Alhambra
111 South First Street
Alhambra, CA 91801
Dennis Ahlen, General Manager
(626) 570-3274
[email protected]
Multiple Sewer & Road Replacement (on-going)
H&A has performed several projects recently involving
replacement of sewer pipelines with full width
pavement reconstruction and sidewalk repairs in the
City.
Main Street – Fourth Street – Mission Road Sewer
Replacement Project
Sixth Street Sewer Replacement Project
Marguerita Avenue and Almansor Street Sewer
Replacement Project
Glendon Way Sewer Project (including 5th Street,
Norwood Place, and Garfield Avenue)
Valley Boulevard Sewer Main Replacement
Project – Phase II
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City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
Annie Singhal, PE, Project Manager
(714) 562-3691
[email protected]
Page Street Rehabilitation
The rehabilitation design plans included grinding and
overlaying existing asphalt, removal and replacement of damaged curb, gutter and sidewalk. The project extended 2400 feet and required careful construction staging since there were no alternate access routes.
3.3 Citadel EHS – Past Caltrans Projects
AERIALLY DEPOSITED LEAD (ADL)
ASSESSMENT & COMPLIANCE CONSULTING
Client: Watershed Conservation Authority
Contact: Mark Stanley, Watershed
Conservation Authority
Address: County of Los Angeles, CA
Phone: (626) 815-1019
Email: [email protected]
Location: River Wilderness Park Entry
Development Project – San Gabriel Canyon
Road (SR-39), California
Duration: 2024
Cost: $64,677
Citadel EHS provided comprehensive
environmental compliance and soil investigation services to the Watershed Conservation Authority (WCA) for the River Wilderness Park Entry Development Project, located along San Gabriel Canyon Road (State Route 39) in Los Angeles County, California. The project supports construction of a new gateway park to the San Gabriel Mountains National Monument and includes roadway improvements, utility installation, trail extensions, and infrastructure upgrades within and adjacent to Caltrans right-of-way. Due to the project’s proximity to SR-39, Citadel EHS conducted an Aerially Deposited Lead (ADL) investigation to evaluate potential lead contamination in shallow soils resulting from historic vehicle emissions associated with the use of leaded gasoline. ADL is a known concern along major highway corridors, and soil disturbance during construction can pose potential health risks to workers and nearby communities if not properly evaluated and managed.
Citadel EHS collected 68 soil samples from 20 soil borings along SR-39 and Old San Gabriel Canyon Road. Sampling depths ranged from 0.5 to 10 feet below ground surface, consistent with proposed excavation depths for utilities and trail improvements. Soil samples were analyzed to determine whether lead concentrations exceeded California Total Threshold Limit Concentrations (TTLC), Soluble Threshold Limit Concentrations (STLC), or RCRA Toxicity Characteristic Leaching Procedure (TCLP) criteria. Results indicated that no samples exceeded regulatory thresholds, and soils were classified as non-hazardous (Type X). Citadel EHS also managed investigation-derived waste (IDW) in accordance with DOT, Caltrans, and DTSC requirements, coordinating offsite transport and disposal by a licensed waste hauler. Based on the findings, Citadel EHS recommended preparation of a project-
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specific Lead Compliance Plan under CCR Title 8, Section 1532.1 (Lead in Construction) to support worker safety during construction.
Through detailed investigation, regulatory analysis, and compliance-focused reporting, Citadel EHS supported WCA in advancing this infrastructure and recreation project while protecting workers, the public, and the environment.
Highlights:
• Aerially Deposited Lead (ADL) Soil Investigation
• Environmental Compliance for Highway and Infrastructure Projects • Caltrans and DTSC Soil Management Support
• Hazardous Waste Classification and Disposal Evaluation • Worker Health and Safety Planning for Lead-Impacted Soil DEERLAKE TRACT, ROUTE 118, ADL WORK PLAN & REPORT
Client: Envicom Corporation
Contact: Travis Cullen, President Envicom
Corporation
Address: County of Los Angeles
Phone: (818) 879-4700
Email: [email protected]
Location: Freeway (route 118) Canoga
Avenue undercrossing at Ronald Regan
Duration: April 2016 to July 2018
Cost: $14,500
Citadel EHS was contracted by Envicom
Corporation to complete Environmental
Compliance Services, including an Aerially Deposited Lead (ADL) Work Plan at the Ronald Reagan Freeway (Route 118) at the Canoga Avenue Undercrossing and the Topanga Canyon Undercrossing in Los Angeles, California. The investigation and work plan were completed in support of proposed infrastructure improvements associated with the future Deerlake Tract, including the installation of new sewer and water mains. Due to the projects’ proximity to Route 118, Citadel EHS conducted ADL investigations at the to evaluate potential lead contamination in shallow soils associated with historic vehicle emissions from the former use of leaded gasoline. ADL is commonly encountered adjacent to major transportation corridors, and soil disturbance during construction activities may present potential exposure risks to construction workers if not properly characterized and managed. At the Topanga Canyon Undercrossing, Citadel EHS collected 11 soil samples from five boring locations within unpaved areas adjacent to Topanga Canyon Boulevard and Poema Place. Samples were collected from depths ranging between approximately 0.5 and 2 feet below ground surface. At the Canoga Avenue Undercrossing, Citadel EHS collected 30 soil samples from 14 boring locations beneath and adjacent to the undercrossing, including Caltrans right-of-way areas, public park areas, and proposed retaining wall excavation locations. Sampling depths ranged from surface soils to approximately 5 feet below ground surface to reflect anticipated excavation depths associated with the planned improvements.
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All soil samples were analyzed to determine whether lead concentrations exceeded California Total Threshold Limit Concentrations (TTLC), Soluble Threshold Limit Concentrations (STLC), or RCRA Toxicity Characteristic Leaching Procedure (TCLP) criteria.
Analytical results indicated that no samples exceeded applicable regulatory thresholds, and soils were classified as non-hazardous (Type X) material. Based on the findings, Citadel EHS recommended preparation and implementation of a project-specific Lead Compliance Plan under CCR Title 8, Section 1532.1 (Lead in Construction) to minimize worker exposure to lead-impacted soil. The plan included protocols for environmental and personnel monitoring, requirements for personal protective equipment, and other health and safety protocols and procedures for handling of lead-impacted soil. Through detailed investigation, regulatory analysis, and compliance-focused reporting, Citadel EHS supported advancement of the infrastructure improvements while protecting workers, the public, and the environment.
4.0 PROJECT APPROACH AND UNDERSTANDING
4.1 Project Understanding
The City seeks a highly qualified engineering and environmental consulting firm to deliver comprehensive design survey, topographic base mapping, and National Environmental Policy Act (NEPA) clearance services for the proposed Riverdale Avenue Complete Street Improvement Project. The project corridor spans Riverdale Avenue from Glassell Street to the western Orange City limits.
The primary objective is to transform this segment of Riverdale Avenue into a multimodal, traffic-calmed corridor featuring buffered Class II bike lanes, lane narrowing (from 15 feet to 11 feet), lane reductions (from 4 lanes to 2 lanes), painted medians, street trees, ADA- compliant curb ramps, and a critical sidewalk gap closure on the westbound segment between Orange Olive Road and the City limits.
Preliminary engineering and construction would be funded via Southern California Association of Governments (SCAG) grants through the Orange County Complete Streets Program (OCCSP). Therefore, the project is subject to strict federal oversight. All project delivery tasks must strictly adhere to Caltrans Local Assistance Procedures Manual (LAPM) guidelines. Final document processing and coordination will route through the Orange County Transportation Authority (OCTA) and the City of Orange, with ultimate NEPA clearance under 23 USC 326 (Categorical Exclusion) granted by Caltrans District 12.
Key Project Drivers and Challenges
Through a rigorous review of the RFP and preliminary project data, our team has identified three critical drivers that will dictate project success:
1. Multi-Jurisdictional Stakeholder Coordination: The corridor intersects or borders right-of-way (ROW) and infrastructure controlled by the County of Orange, Orange Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
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County Flood Control District (OCFCD), and Metrolink. Early engagement and precise mapping of these boundaries are vital to prevent final design delays.
2. Critical Sidewalk Gap Closure & Design Survey Precision: The final engineering design requires a highly precise topographic base map. Our survey must meticulously capture existing elevations, utility conflicts, and structural constraints to ensure the City’s design team can establish proper drainage patterns and guarantee ADA compliance for all new curb access ramps.
3. Subsurface & Environmental Constraints: Due to planned "cut and fill" activities for the sidewalk gap closure, curb, and gutter adjustments, an Initial Site Assessment (ISA Phase 1) and a Preliminary Site Investigation (PSI Phase 2) are required. Safely characterizing potential Aerially Deposited Lead (ADL) and hazardous materials early is important.
4. Strict Sequencing of Agency Reviews: To secure NEPA clearance within the City’s desired framework, the schedule must accommodate a two-round City review process, integration with Caltrans Professionally Qualified Staff (PQS), and a mandatory 30-day Caltrans District Local Assistance Engineer (DLAE) review window.
Our project team understands that the primary objective is to secure CE clearance while minimizing schedule, regulatory, and project risks.
4.2 Scope of Work
MAJOR TASK 1 - PROJECT INITIATION, MEETINGS AND MANAGEMENT Task 1.1: Project Kick-off Meeting and Project Meetings. Upon award of contract, UltraSystems foresees (1) project kick-off meeting. UEI’s Project Director and Senior Project Manager will meet with the City to (1) review the overall design and engineering work program, (2) discuss key deliverable milestones, (3) review the performance schedule, (4) identify primary points of contacts at the City, (5) agree on accepted communication protocols, and (6) identify the key stakeholders associated with the project.
UltraSystems has budgeted for attendance at six (6) additional virtual project meetings with our Senior Project Manager. Outside of meetings, please know that we will be available throughout the term of our services to respond to requests by the City for input concerning various aspects of the environmental review process. Should the City request any additional meetings beyond the number indicated, UltraSystems would be compensated in accordance with the terms and conditions contained in our Standard Rate Schedule.
Task 1.2: Project Management/Coordination. This task facilitates the conduct of routine project management tasks by our Senior Project Manager throughout the contract performance period including but not limited to internal coordination with staff, subconsultant coordination, maintaining cost and schedule controls, and maintaining communication with the County and others as warranted.
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Task 1.3: Prepare Updated Project Description. UltraSystems will review the existing Preliminary Environmental Study prepared for the project and approved by Caltrans, and prepare an updated Project Description, if necessary. UltraSystems will submit the updated Project Description to the City for review and comment. Pursuant to any comments or edits made, UltraSystems would then modify the Project Description accordingly and ready the Project Description for eventual inclusion into the technical studies and environmental document, as well as the environmental analysis for the project.
Task 1.4: Caltrans and Agency Coordination. This task facilitates coordination with Caltrans Professionally Qualified Staff (PQS), Caltrans District Local Assistance Engineer (DLAE) for review and approval of the technical studies and NEPA CE to be prepared for the project. This task particularly facilitates periodic consultation with Caltrans throughout the environmental review process. This task also includes provision of technical support to the City staff for coordinating with County of Orange, Orange County Flood Control District (OCFCD), and Metrolink for ROW approval.
Major Task 1.0 Deliverables:
Kickoff Meeting Notes: One electronic copy each in MS Word and PDF formats. Updated Project Description: One electronic copy in MS Word format.
MAJOR TASK 2 – DESIGN SURVEY
UltraSystems sub-consultant, H&A will conduct the design survey required for the project and complete the required tasks as defined in Attachment A, Sections 2 and 3 of the City’s RFP No. 25-26.18. H&A will perform a precise topographic field survey along Riverdale Avenue and convert the resulting survey data into a clean, compliant Esri File Geodatabase.
All work will adhere strictly to City CAD standards, County of Orange GPS Horizontal Control, and the City’s Survey-to-GIS Data Standards. The following tasks will be completed by H&A.
Research & Control Establishment: Research and verify existing centerline ties.
Establish horizontal and vertical control tied to the State Plane Coordinate System (NAD83, Zone VI, U.S. Survey Feet) and NAVD88, referenced to the County of Orange GPS Horizontal Control.
Topographic Field Survey: Utilize electronic data collectors to capture topographic data within the project limits shown on Attachment F. Cross-sections will be shot at 50-foot increments along the Riverdale Avenue centerline, extending to either side of the City right-of-way.
Feature Inventory: Field survey and map all grade breaks, top of curb, flow lines, finished sidewalk surfaces, and existing improvements (including local depressions, driveways, curb drain inverts, cross gutters, spandrels, water valves, manhole rims, and surface utilities). Additionally, locate all trees with a trunk diameter greater than 12 inches located within 15 feet beyond the existing roadway limits. Civil 3D Drafting: Process raw field data using the City's symbols library and CAD layering standards.
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Surface Modeling: Deliver a fully formatted Autodesk Civil 3D 2025 format (.dwg) electronic topographic base map. The file will incorporate a complete survey surface detailed with breaklines, survey points, and contours.
Geodatabase Creation: Convert the finalized survey data into an Esri File Geodatabase (.gdb) compatible with ArcGIS. Data will be organized into clearly named feature classes by geometry type (Points, Lines, Polygons) using descriptive, non-cryptic naming conventions (e.g., EOP, Curb, Storm_Drain). Topology and Elevation Integration: Ensure all linework is clean, continuous, and snapped with zero overshoots, undershoots, or accidental duplicates. Embed Z-values directly into the geometry of applicable features and populate a corresponding "Elevation" attribute field. Contours will be separated into major (5-foot) and minor (1-foot) polyline feature classes.
Attribution and Metadata: Populate mandatory attribute fields for each feature class, including Feature Type, Elevation, Source, Date Collected, and Notes. Author complete ArcGIS-compliant metadata documenting the data source, collection methods, collection date, coordinate system, and contact information.
Major Task 2.0 Deliverables:
Electronic Topographic Base Map in Autodesk Civil 3D 2025 format (.dwg). Compliant Esri File Geodatabase (.gdb) with embedded Z-values and structured attribute fields.
ArcGIS-compatible XML Metadata documentation.
A "Readme" file summarizing the geodatabase contents and structure. Scanned surveying field notes, horizontal/vertical control data, and an index of computer files.
A secure hyperlink for project file download.
MAJOR TASK 3 – ENVIRONMENTAL REVIEW AND DOCUMENTATION
review the approved Preliminary Environmental Study (PES) for Federal Project No.
STPCML-5073(100) and perform all necessary technical studies and coordination required to obtain NEPA clearance through Caltrans District 12. UltraSystems will prepare the following technical studies and tasks identified in the PES prepared for the project.
Task 3.1: Initial Site Assessment (ISA – Phase 1). The Phase 1 ISA will adhere to the standards set forth in American Society for Testing and Materials (ASTM) E-1527-21, Standard Practice for Environmental Site Assessments, and the All Appropriate Inquiry (AAI) Rule published in 40 CFR Part 312 (December 15, 2022). Conduct a field reconnaissance of the Site and adjacent right-of-way to identify potential environmental concerns and visible signs of contamination Review pertinent, readily available documents and maps regarding geologic and hydrogeologic conditions for the Site;
Review, interpret, and provide copies of available historical aerial photographs of the Site and vicinity;
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Review U.S. Environmental Protection Agency (EPA), State, County, and local lists of known potentially hazardous waste sites or landfills, and sites currently under investigation for environmental violations;
Review available regulatory records, including environmental permits and documented violations applicable to the Site;
Conduct inquiries with applicable regulatory agencies, as needed, to obtain information regarding environmental conditions affecting the Site; Prepare a summary of findings. The summary of findings shall include a project narrative, illustrations, copies of applicable historical aerial photographs, topographic maps, fire insurance maps, Site vicinity photographs, regulatory database search results, telephone logs, and/or copies of pertinent permits.
Task 3.2: Preliminary Site Investigation (PSI – Phase 2). Citadel assumes the cut and fill areas requiring a soil investigation will account for approximately 2,600 LF of the total Project. Citadel will propose to collect soil samples at approximate 100 foot spacing. Prior to mobilizing into the field, Citadel will obtain an Encroachment Permit from the City of Orange and/or Caltrans. Citadel will also submit a traffic control plan and engage with a traffic safety firm to provide the required signage and delineators.
Citadel will prepare a project-specific Sampling and Analysis Work Plan (SAWP) for the Client’s review prior to submittal to Caltrans for approval before proceeding with the approved scope of work. The purpose of the SAWP will be to accumulate sufficient data to accurately characterize the soils impacted by the project and to determine how the excavated soils will and can be managed. The SAWP will include a description of pre-field activities, such as securing the appropriate permits for work within the Caltrans ROW, selection of soil sample locations, identifying underground utilities, and arranging subcontractors as appropriate. The SAWP will provide specific details regarding field sampling procedures, method of sample collection, investigation derived waste, and a description of quality assurance/quality control (QA/QC) procedures. Citadel assumes up to two (2) submittals will be needed to allow for agency revisions.
A site-specific health and safety plan (HASP) will also be prepared and included in the SAWP.
The HASP will identify existing and potential hazards for workers at the Site. Examples of hazards may include noise, contaminated soil, and injuries related to operation of hand tools and rotating and moving equipment.
Upon approval of the SAWP, Citadel will advance approximately 26 total borings with 13 to 2 feet bgs and 13 borings to a depth of 4 feet bgs using a direct push drill rig. Any surface vegetation at the boring locations will be removed prior to boring/sampling activities. Soil samples will be collected at a depth of 0.5 feet and 2 feet bgs at boreholes advanced to 2 feet bgs; soil samples will be collected at a depth of 0.5 feet, 2 feet, and 4 feet bgs at boreholes advanced to 4 feet bgs.
The soil borings will be logged in the field, and soil samples will then be placed in acetate sleeves or 4-ounce glass jars sealed with Teflon lined plastic lids, labeled, and stored in an insulated, ice-packed chest for transport under chain-of-custody manifest chain-of-custody procedures. A total of 72 soil samples will be collected and submitted to the laboratory, Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
which includes 7 field duplicate samples for field quality control procedures. Soil samples at depths of 0.5 and two feet bgs from each boring will be submitted for analysis. Soil samples at depths of four bgs will be held, pending the results from the 0.5 and two feet bgs results.
The samples will be analyzed for lead by EPA Method 6010B Additional analyses for other contaminants may be requested based on the results of the Phase I ISA.
Task 3.3: Technical Support for preparation of Caltrans CE. It is our understanding that based on the approved PES, the project has been classified as a Categorical Exclusion (CE) under 23 USC 326. Based on experience working on similar projects, it is anticipated that Caltrans PQS would use the technical studies prepared by UltraSystems to prepare the NEPA CE for the project. UltraSystems will provide technical support for preparation of the CE by Caltrans staff.
Major Task 3.0 Deliverables:
Phase 1 Initial Site Assessment
Phase 2 Preliminary Site Investigation
UltraSystems will provide one electronic copy each in MS Word and PDF formats of the draft documents to the City for review.
UltraSystems will provide one electronic copy each in MS Word and PDF formats and four (4) printed copies of the final documents/reports to the City.
ASSUMPTIONS:
Based on the information provided in Addendum No. 1 to the RFP issued on May 15, 2026, UltraSystems understands that as the proposed project is a Street Rehabilitation project, the City is exempt from CEQA requirements. Therefore, CEQA review and documentation is not required for this project.
5.0 WORK PROGRESS ACTIVITY SCHEDULE
UltraSystems recognizes that the 24-week performance period is aggressive and requires a disciplined, proactive approach to analyzing multiple projects (at once). To meet this schedule, we will implement parallel processing of the technical studies, initiate early coordination with agencies, and maintain rapid turnaround times for both draft and final documents to the City for their reviewing cycles.
In addition, UltraSystems will continuously monitor risks and adjust our approach as needed to avoid delays. This streamlined and responsive process will ensure the on-time delivery of a complete and approvable CE package and a complete design survey package for use in the preparation of final engineering drawings.
UltraSystems will complete the NEPA process within the 24-week performance period through a structured, milestone-driven schedule, as summarized below.
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18
UltraSystems No. 260427
Table 5.0-1
ESTIMATED PROJECT SCHEDULE
Task / Activity Name Duration
(Days)
Duration
(Weeks)
Start Week End Week
Project Initiation 5 1 Week 0 Week 1
Design Survey (Field Work & Base
Mapping) 20 4 Week 1 Week 5
City Review 5 1 Week6 Week 6
Final Submittal of Survey documents 5 1 Week 7 Week 7
Initial Site Assessment (ISA Phase 1) 20 4 Week 1 Week 5 City Review - Round 1 10 2 Week 5 Week 7
Document Revision (Post City Review) 10 2 Week 7 Week 9 City Review - Round 2 5 1 Week 9 Week 10
Final Submittal to Caltrans 5 1 Week 10 Week 11
Caltrans Review 30 4 Week 11 Week 15
Preliminary Site Investigation (PSI
Phase 2) 30 6 Week 5 Week 11
City Review - Round 1 10 2 Week 11 Week 13
Document Revision (Post City Review) 10 2 Week 13 Week 15 City Review - Round 2 5 1 Week 15 Week 16
Final Submittal to Caltrans 5 1 Week 16 Week 17
Caltrans Review 30 4 Week 17 Week 21
Additional Time for Caltrans
Review & Approval (If necessary);
Preparation of CE by Caltrans staff
30 4 Week 20 Week 24
6.0 INSURANCE COVERAGE
UltraSystems understands the insurance provisions that will be required to provide when contracted and there are no other conditions that would affect our ability to undertake or complete environmental services for the City.
Riverdale Avenue Complete Street Improvement – RFP No. 25-26.18 Page i
UltraSystems No. 260427
COST PROPOSAL FOR
ENVIRONMENTAL AND SURVEY SERVICES FOR
RIVERDALE AVENUE COMPLETE STREET IMPROVEMENT
(RFP NO. 25-26.18; SP-4308)
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
UltraSystems Environmental, Inc.
16431 Scientific Way, Irvine, CA 92618
Proposal No. 260427
May 2026
Prepared By:
Prepared For:
RIVERDALE AVENUE COMPLETE STREET IMPROVEMENT- RFP NO. 25-26.18
UltraSystems No. 260427
ULTRASYSTEMS ENVIRONMENTAL INC. – COST PROPOSAL
The costs to provide expert environmental and design survey services for the Riverdale Avenue Complete Street Improvement Project and complete the work scope proposed by UltraSystems in our technical proposal are outlined in Table 1.0-1, and labor hours by tasks are further broken down in Table 1.0-2.
Table 1.0-1
PROJECT FEE SUMMARY
Task No. Task Name Estimated
Costs
1.0 Project Initiation, Meetings and Management
1.1 Project Kickoff Meeting and Progress Meetings $1,570
1.2 Project Management and Coordination $2,130
1.3 Updated Project Description $1,200
1.4 Caltrans and Agency Coordination $1,890
Task 1.0 Subtotal $6,790
2.0 Design Survey
Research and Control, Topographic Field Survey and
CAD and Geodatabase $35,440
Task 2.0 Subtotal $35,440
3.0 Environmental Review and Documentation
3.1 Prepare ISA (Phase 1) $6,990
3.2 Prepare PSI (Phase 2)
3.2.1 Health and Safety Plan/ADL Sampling and Analysis Work $6,560
3.2.2 Soil Sampling $27,030
3.2.3 Data Evaluation and Reporting $4,960
Total for PSI (Phase 2) $38,550
3.3 Technical Support for preparation of Caltrans CE $1,770 Task 3.0 Subtotal $47,310
TOTAL $89,540
ALAMEDA COUNTY FIRE DEPARTMENT - CEQA SERVICES FOR FIRE STATIONS 24 & 26
UltraSystems No. 260427
Table 1.0-2
DETAILED PROJECT COSTS – BASED ON LABOR CATEGORIES AND OTHER FEES