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CITY OF BANNING
STAFF REPORT

 
 
TO:
CITY COUNCIL
 
FROM:
Elizabeth Gibbs, City Manager
 
PREPARED BY:
Patrick Safari, Capital Improvement Projects Manager
Art Vela, Director of Public Works
 
MEETING DATE:
October 13, 2026
 
SUBJECT:

Consideration of Resolution 2026-134, Approving Amendment No. 2 to the Professional Services Agreement with UltraSystems Environmental, Inc. for an Additional Amount of $11,140 for Pre-Construction Environmental Survey Work Related to the Sun Lakes Boulevard Extension Project, and approving the necessary budget appropriations

 

STAFF RECOMMENDATION:

Adopt Resolution 2026-134

BACKGROUND:

The Sun Lakes Boulevard Extension is a critical infrastructure project that will construct a new 1-mile roadway segment, providing a vital east-west connection between Highland Home Road and Sunset Avenue. The project is designed to improve traffic circulation, reduce congestion on parallel routes, and support planned community development. 

 

On January 27, 2026, City Council adopted Resolution No. 2026-18, awarding a Professional Services Agreement to UltraSystems Environmental, Inc., for Construction Environmental Monitoring Services for the Sun Lakes Boulevard Extension Project in the amount of $381,900.

 

On February 24, 2026, City Council approved Amendment No. 1 to the Professional Services Agreement, adding $230,770 for additional permitting and regulatory compliance requirements, bringing the total "Not-to-Exceed" contract value to $612,670.

 

Since the approval of Amendment No. 1, UltraSystems has identified two additional, nondiscretionary pre-construction survey tasks required pursuant to the Incidental Take Permit (ITP) conditions. These tasks were not included in the original contract or Amendment No. 1 and are necessary to ensure compliance with CDFW (California Department of Fish and Wildlife) requirements prior to ground disturbance. 

JUSTIFICATION:

To ensure full regulatory compliance and avoid project delays, staff recommends approving Amendment No. 2 to the Professional Services Agreement with UltraSystems. This amendment will fund additional services related to the following permits, which are outside the current scope of work:

 

  • Task 1 – Burrowing Owl (BUOW) Pre-Construction Survey: UltraSystems will conduct protocol-level pre-construction surveys for Burrowing Owl within the Project Area and a 500-foot buffer zone. Work will include a habitat assessment, focused pedestrian surveys to identify occupied burrows and sign, mapping of all burrows and suitable habitat, and preparation of a Pre-Construction Survey Report summarizing survey methods, results, and recommended avoidance and minimization measures. 

 

  • Task 2 – Crotch's Bumble Bee (CBB) Survey Plan Preparation: UltraSystems will prepare a Crotch's Bumble Bee Pre-Construction Survey Plan (PCSP) in compliance with the requirements of CESA Incidental Take Permit (ITP) No. 2081-2025-079-06. The plan will establish protocol-level survey methods, timing, and effort necessary to determine presence/absence of Bombus crotchii within the Project Area and a 50-foot buffer, and will identify suitable foraging, nesting, and overwintering habitat.

 

These tasks are highly technical, time-sensitive, and were originally assumed to be covered under the City’s general construction management or prime design contracts; however, those existing agreements do not include the specialized regulatory expertise required. UltraSystems, as the City’s appointed environmental monitor, is uniquely positioned to perform this work efficiently without requiring a new procurement process, avoiding mobilization delays and ensuring continuity of documentation.

 

Staff has reviewed the proposed scope and fee of $11,140 and finds it to be fair, reasonable and in the best interest of the City of Banning. This Amendment No. 2 brings the total “Not-to-Exceed” contract value to $623,810.

FISCAL IMPACT:

Staff recommends approving Amendment No. 2 to the Professional Services Agreement with UltraSystems Environmental Inc. for an additional amount of $11,140.

 

The project costs remain eligible for reimbursement through previously awarded grant funding. As noted in the original Resolution 2026-18, the TUMF and MARA grant agreements total $33,500,000 in eligible reimbursements for design, construction, environmental monitoring, utilities relocation, and environmental permitting. Staff confirms that these additional permit compliance services qualify as eligible environmental permitting costs.

 

An appropriation from Measure A Fund in the amount of $11,140 to Account No. 101-4900-431.93-16 is necessary to fund Amendment No. 2 to the Professional Services Agreement with UltraSystems Environmental, Inc. for Environmental Monitoring Services for the Sun Lakes Boulevard Extension Project. Amendment No. 2 brings the total “Not-to-Exceed” contract value to $623,810. City staff will submit monthly reimbursement invoices to RCTC and WRCOG. 

ATTACHMENTS:
1. Resolution_2026-134_edited_JT.docx
2. Resolution 2026-18.pdf
3. Ultrasystems Amendment #1.pdf
4. UltraSystems Change Order.pdf
5. UltraSystems__Draft_Contract_Amendment__2.docx