17-0919_DUDEK_E7_Agenda ReportTO :
FROM :
SUBMITTED BY:
PREPARED BY:
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~n Siegel, City Manager
Joel Rojas, Development Services Directo<JV::
Ayako Rauterkus, Senior Management Analys ~
September 19, 2017
9/19/2017
E7
Consideration of an Amendment No. 2 to a Professional Services
Agreement for Biological Monitoring for 2C Ranch-Trabuco Creek
Habitat Restoration Project (CIP11204) (Dudek)
RECOMMENDATION:
Approve and authorize the City Manager to execute an Amendment No. 2 to a
Professional Services Agreement with Dudek, to increase the not-to-exceed
compensation amount for biological monitoring services by $6,861.63, for a new total
compensation amount of $101,991.63.
DISCUSSION/ANALYSIS:
On September 27, 2010, the Board of Directors of the Orange County Transportation
Authority (OCTA) awarded the City a $1,500 ,000 Measure M2 Habitat Restoration grant
to fund implementation of the 2C Ranch-Trabuco Creek Habitat Restoration Project.
The project encompasses roughly 40 acres of upland habitat on the City's 2C Ranch
open space (former Shea property) and 14 acres along City-owned portions of Trabuco
Creek (Attachment 1 ).
The City began implementation of the 2C Ranch-Trabuco Creek Habitat Restoration
Project in May 2011 . On June 21, 2011, the City entered into a Professional Services
Agreement (Agreement) with Dudek for biological monitoring services through
Decembe r 31, 2015 (Attachment 2). On January 1, 2016 , the Agreement was amended
to extend the term until Dudek's services are no longer required (Attachment 3). Under
this agreement, Dudek has been providing restoration and wildlife monitoring services
to assist the City in achieving the habitat restoration goals established in the Restoration
and Enhancement Plan. The original project schedule anticipated that Dudek would
City Council Agenda Report
September 19, 2017
Page 2 of 3
submit the Final Restoration Completion Report in November 2016. However, due to
the historic five-year drought, vegetation growth has not met the performance criteria
needed for sign-off. According to the latest monitoring report, the project has met
performance crite ria in all metrics except two: 1) only 69% of upland (hillside) vegetation
coverage has been achieved , whereas 75% is required; and , 2) there is above-average
weed growth due to last winter's heavy rains. It is now anticipated that the project sign
off by OCTA and the wildlife agencies will be in spring of 2018. Pending approval of the
recommended action, Dudek will keep providing monitoring services and will provide a
final report in the upcoming year.
FISCAL IMPACT:
Approval of Amendment No . 2 would increase the not-to-exceed compensation amount
by $6 ,861.63 , for a new total compensation amount of $101 ,991 .63 (Attachment 4).
There is sufficient funding in the Cap ital Improvement Project budget to cover th is
increase.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment , the activity is not
subject to CEQA. Amending a Personal Services Agreement with Dudek would not be
an activity with potential to cause significant effect on the environment , and therefore is
exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
• On June 21, 2011, the City entered into a Professional Services Agreement
(PSA) with Dudek.
• On January 1, 2016, the First Amendment to the PSA was executed to extend
the term.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
The contract with Dudek, Inc. did not require any commission/committee/board reviews.
NOTIFICATION :
Dudek
Derek Ostensen and Associates
City Council Agenda Report
September 19, 2017
Page 3 of 3
A TI ACHMENT(S):
Attachment 1 -Aerial of City property subject to Agreement
Attachment 2-Professional Services Agreement dated June 21, 2011
Attachment 3 -First Amendment to PSA
Attachment 4 -Proposed Amendment No. 2 to PSA
CJ Property Lines
250 500
Feet
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
~~l l.s.t-
THIS AGREEMENT is made, entered into, and shall become effective thi~ -
day of June, 2011, by and between the San Juan Capistrano (hereinafter referred to
as the "City") and Dudek (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
need to secure biological monitoring services for the 2C Ranch/Trabuco Creek Habitat
Restoration Plan; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks
as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent
that there are any conflicts between the provisions described in Exhibit "A" and those
provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. !!!!!!!.-
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to a notice of termination issued per Section 15 (Termination) of this
agreement, or prior to December 31, 2015, whichever occurs first. The City may
periodically assess the performance of consultant to assure that the 2C Ranch/Trabuco
Creek Habitat Restoration Plan implementation is maintaining consistency with Orange
County Transportation Authority (OCTA) guidelines.
Annually, City shall conduct a performance review of Consultant work performed
under the terms of this agreement and the approved scope-of-work (SOW) to assure
that all Consultant work has met or exceeded the standards for performing said work,
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $95,130
(ninety-five thousand, one-hundred and thirty dollars and no cents) as set forth in
ATTACHMENT 2
Exhibit "A," attached and incorporated herein by reference if Consultant provides a cost
proposal or rate schedule.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
City will pay monthly progress payments based on approved invoices in accordance
with this Section.
3.3 Records of Expenses .
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records · will be
made available at reasonable times to the City. Invoices shall be addressed as
provided for in Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of the City, and shall obtain no rights to any benefits which
accrue to Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City . This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to the City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant. ·
Section 6. Changes to Scope of Work.
For additional services not part of this Agreement, a written authorization from
City is required prior to Consultant undertaking such services. In the event of a change
in the Scope of Work provided for in the contract documents as requested by the City,
the Parties hereto shall execute an addendum to this Agreement setting forth with
particularity all terms of the new agreement, including but not limited to any additional
Consultant's fees.
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Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) if applicable, it has investigated the work site(s), and is
aware of all conditions there; and (3) it understands the facilities, difficulties and
restrictions of the work to be performed under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform the City of this and shall not
proceed with further work under this Agreement until written instructions are received
from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law; E-Veritv.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government
9.2. E-Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland
Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen
days of the effective date of this Agreement to verify the employment authorization of
new employees assigned to perform work hereunder. Consultant shall verify
employment .authorization within three days of hiring a new employee to perform work
under this Agreement. Information pertaining to the E-Verify program can be found at
http://www.uscis.gov, or access the registration page at https://e-verifv.uscis.gov/enroi!J.
Consultant shall certify its registration with E-Verify and provide its registration number
within sixteen days of the effective date of this Agreement. Failure to provide
certification will result in withholding payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
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Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise
approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with
the negligence, recklessness and/or intentional wrongful conduct of Consultant,
Consultant's agents, officers, employees, subcontractors, or independent contractors
hired by Consultant in the performance of the Agreement. The only exception to
Consultant's responsibility to protect, defend, and hold harmless the City, is due to the
negligence, recklessness and/or wrongful conduct of the City, or any of its elective or
appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the
duration of the agreement, and provide proof thereof that is acceptable to the City, the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the City. Consultant shall not allow any subcontractor to commence work
on any subcontract until all insurance required of the Consultant has also been obtained
for the subcontractor. Insurance required herein shall be provided by Insurers in good
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standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
14.1 Comprehensive General Liability .
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in an amount not less than
one million dollars per occurrence ($1,000,000.00), combined single limit coverage for
risks .associated with the work contemplated by this agreement. If a Commercial
General Liability Insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non-owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out
of activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or
borrowed by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance .
The above policy/policies shall not terminate, nor shall they be cancelled,
nor the coverages reduced, until after thirty (30) days' written notice is given to City,
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except that ten (10) days' notice shall be given if there is a cancellation due to failure to
pay a premium.
14.6 Terms of Compensation .
Consultant shall not receive any compensation until all insurance
provisions have been satisfied.
14.7 Notice to Proceed .
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to term inate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by
providing ten (1 0) days ' notice to the other party of a material breach of contract. If the
other party does not cure the breach of contract, then the agreement may be terminated
subsequent to the ten (1 0) day cure period .
Section 16 . Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City:
To Consultant:
City of San Juan Cap istrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: William Ramsey, AICP, Principal Planner
Dudek
605 Third Street
Encinitas, CA 92024
Attn.: Mike Sweesy I Stuart Fraser
Section 17 . Attorneys' Fees .
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled .
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Section 18 . Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT
APPROVED AS TO FORM:
8
EXHIBIT A
DUDEK
june 13,2011 PREPARED FOR
City of San Juan Capistrano
Attn: Bill Ramsey,AICP,
Principal Planner
32400 Paseo Adelanto
San Juan Capistrano, California 92675
PREPARED BY
Dudek
605 Third Street
Encinitas, California 92024
800.450 .1818
www.dudek.com
DUDE I<
June 13, 2011
City of San Juan Capistrano
Attn: Bill Ramsey, AICP, Principal Planner
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: B iological Monitoring for the 2C Ranch/Trabuco Creek Habitat
Restoration Project
Dear Mr. Ramsey:
Dudek is pleased to provide you with this proposal for
biological monitoring for the 2C Ranch/Trabuco Creek
Habitat Restoration Project. Having performed many
projects of a similar nature in the local area, such as base
mapping on the Trabuco Creek (Lower Rosan) Wetlands
Mitigation Project, our project team is knowledgeable and
familiar with the needs and environmental constraints of
this project.
!r·.J~'.IDE THI~; PPUPOSI\L.
Statement of Understanding ........... I
Approach ............................................. 2
Key Personnel Experience ............ I 0
Similar Project Experience ............ I 3
Pr·oiect Schedule .............................. 19
j Project Budget .................................. 20
Our team will promote the original biological intent of the project compliance with the
requirements of the 2C Ranch/Trabuco Creek Restoration and Enhancement Plan (Restoration
and Enhancement Plan; City of San Juan Capistrano 201 0). Team members can perform the
requested biological monitoring tasks in a timely and cost-effective manner, and provide
adaptive management strategies through coordination with City of San Juan Capistrano (City)
staff and the maintenance contractor to achieve the goals established for the project . We are
comm'itted to meeting and exceeding your expectations .
Statement of Understanding
Dudek understands the City's request for the services of a biological monitor to provide
restoration and wildlife monitoring services to assist in achieving the goals established in the
Restoration and Enhancement Plan. Goals for the project include improving habitat quality for
riparian plants and wildlife within 14 acres of Trabuco Creek and associated transitional zones,
improving habitat quality for coastal sage scrub plants and wildlife species within 40 acres of upland
hillside, and strengthening the Trabuco Creek Wildlife Linkage through adaptive management and
comprehensive data collection. We understand this is a grant-funded effort that is not mitigation,
so there is greater flexibility to achieve the project goals .
Dudek understands that the City project manager will actively monitor the progress of the site
through regular qualitative monitoring and oversight of restoration contractor activities. The
Dudek biological monitor will support the City by offering technical biological monitoring,
qualitative consultation to provide remedial maintenance recommendations and adaptive
management strategies, and as-needed field monitoring services.
Bill Ramsey
Subject: Biologii:a/ Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Projed
Dudek staff is well versed in the existing conditions and natural processes that provide challenges
and opportunities for restoration at this project site. In 2008, Dudek worked on the initial site
assessment for the 2C Ranch/Trabuco Creek Restoration Project by completing the habitat and
wildlife study of the project area and adjacent open space for the City . Dudek authored the
restoration plan, and conducted all installation and long-term biological monitoring for the adjacent
Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off-Site Wetland Mitigation Project,
which included restoration of 9.72 acres of wetland and transitional habitat that was heavily
infested with giant reed (Arundo donax).
Successful completion of this project was accepted by the U.S. Army Corps of Engineers (ACOE)
and California Department of Fish and Game (CDFG) in the spring of 2008. Proposed principal in
charge, Michael Sweesy, RLA, served as the project manager; and proposed project manager, Stuart
Fraser, RLA, served as the primary biological monitor for long-term monitoring through
completion . Proposed team member, Jayme Timberlake, assisted with biological monitoring.
Further enhancing their understanding of restoration processes and challenges that will likely be
encountered on this project, Dudek staff have played key roles in several similar efforts throughout
Orange and San Diego counties. Mr. Fraser currently serves as the project manager for the Upper
Chiquita Reservoir Project (Santa Margarita Water District) and Oso Creek Restoration and
Protection Project (City of Mission Viejo). Both projects include a significant restoration
component, with the Upper Chiquita Project including over 25-acres of upland restoration. Ms.
Timberlake serves as a biological monitor and restoration specialist on both projects. Mr. Fraser
and Ms . Timberlake served as biological monitors on the Crossings Golf Course in Carlsbad,
California (City of Carlsbad), with Mr. Sweesy serving as the principal in charge.
Approach
Technical biological monitoring will include botanical data collection and analysis of data, and
conducting wildlife surveys to monitor the progress of the restoration and enhancement efforts.
Dudek will actively review and analyze the results of field-collected data and surveys throughout
the project to maintain up -to-date tracking of project progress. Project performance tracking will
alert the project manager if remedial action is necessary, since project success is determined by
achieving project success criteria.
Dudek will conduct qualitative evaluation of the project .site during all site visits . Qualitative evaluation
shall consist of visual assessment of native vegetation establishment and evaluation of maintenance
efforts, with recommendations for remedial measures provided to the project manager to ensure
project success. An annual qualitative field assessment is proposed for the spring of each monitoring
year (in conjunction with annual transect data collection and photo-documentation).
Following a comprehensive site visit and evaluation by a biologist specializing in habitat restoration,
a site observation report shall be provided summarizing current project status, which includes
maintenance recommendations to guide contractor maintenance or implement remedial measures.
In accordance with the requested scope. one scheduled annual qualitative restoration field
assessment is included annually in the spring, but additional qualitative monitoring and a site
observation report format will be provided during as-needed invasive vegetation removal
monitoring. The option for a fall qualitative restoration field assessment and contractor
coordination is outlined in the attached scope of work.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 2
Bill Ramsey
Subjea: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
TASK I
Task Ia
RESTORATION MONITORING
Photo-Monitoring and Documentation
Photo-monitoring will be conducted annually to provide a record of restoration progress through
the entirety of the restoration program. Photo-monitoring stations will be established, and initial
monitoring shall be conducted upon project implementation in the spring of 20 II. Photo-
monitoring shall continue annually at the conclusion of each monitoring year through Year Five (six
times, total).
A photo-log form will be developed that includes permanent data specific to each photo station
and data specific to the monitoring visit. Permanent photo-log information shall include a general
site description and features, photo point location (latitude, longitude), direction (compass bearing),
angle, height, and camera lens information in order to replicate conditions between monitoring
years. Conditions specific to the monitoring year shall include the photographer's name, date, time,
weather conditions (temperature, wind speed, and direction; cloud cover/precipitation), and a brief
description of the subject (vegetation, wildlife).
Photo-m'onitoring stations shall be selected in locations that provide distant views across large
expanses of the project site, or areas susceptible to change (i.e., invasive vegetation stands or active
stream channels). In addition to project overview photo-documentation stations, established
quantitative data collection stations (coastal sage scrub and riparian transects) shall be utilized as
photo-documentation stations, as well. Utilizing transect photos will provide a visual record of
quantitative transect data results.
During photo-documentation station establishment, a Global Positioning System (GPS) photo
camera and sub-meter GPS unit will be used to record exact position and compass bearing of each
photo point (latitude and longitude). GPS units with uploaded world data will be utilized in
subsequent years to replicate photo position and direction accuracy. Digital GPS world data and
compass declination wilt be provided to the City in order to create a photo-location base map.
Task I b Botanical (Quantitative) Monitoring
Quantitative botanical monitoring sh;!.ll consist of annual data collection in both the riparian and
coastal sage scrub restoration areas though the use of established transects. Upon project
implementation Oune 20 I I), the permanent vegetation transects shall be established and initial data
recorded to establish baseline data. Data will continue to be collected at the conclusion of every
monitoring year for the Five Year restoration program (six times, total). Baseline data shall be used
to provide cover values for comparison with project progress at each established transect station
for the duration of the project. Transect locations will be recorded using a sub-meter GPS unit,
with coordinates provided to the City in digital format and plotted on a site plan.
The survey methodology developed by Deutschman and Strahm (2009) shall be used for annual
data collection in the coastal sage scrub restoration areas (Deutschman and Strahm 2009.
Vegetation Community Survey Report 2009; Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) Biological Monitoring Program, April 23, 20 I 0). Ten 50-meter
permanent point-intercept transects shall be established and data recorded, including the cover
type at ground level and plant species that intercept each transect at 1-meter intervals. Percentage
cover of each plant species and cover type will be visually estimated within a 1-meter quadrat at 5-
meter intervals, alternating along the transect tape.
-------· ----·..----DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 3
Bill Ramsey
Subject Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Quantitative vegetative data collection in the Riparian restoration areas shall consist of data
collected along permanent transects placed perpendicular to the riparian corridor, where possible.
Sixteen 20-meter, permanent, point-intercept transects shall be established and data recorded,
including the cover type at ground level and plant species intercepting the transect at 0 .5-meter
intervals. Each vegetation species that intercepts the projected line shall be recorded by presence,
total cover, and density by recording presence in each of the three vertical strata layers;
herbaceous (0 to I meter), shrub (I to 2 meters) or canopy (>2 meters).
The survey methodology of vertical stratification data collection along the established transect wa-s
selected as an alternative to the proposed methodology (stacked cube), because it provides an
accurate and cost-effective evaluation of riparian canopy development, primarily for wildlife cover,
foraging and nesting habitat, including nesting habitat for the federally listed least bell's vireo (Vireo
be/Iii pusil/us). Additional data to be collected within the 5-meter-wide "species richness" zone
includes all plant species present and the height and girth of all riparian tree species.
All field-collected data will be analyzed and compared to performance criteria established for this
project and as recommended by Dudek Data and comparison of monitoring results shall be presented
to the City in a spreadsheet for analysis and inclusion in the biological monitor's annual report.
Photo stations (with logged GPS coordinates) shall be established at the starting point of each
transect. Photos shall be taken annually from these fixed locations and included in the photo-
monitoring report. Digital world data shall be provided to the City.
Tasl< I c Botanical (Qualitative) Monitoring
Qualitative monitoring shall be conducted in conjunction with the annual biological monitoring visit
in the spring of the monitoring year (six times, total). Qualitative monitoring is conducted to
provide an overall characterization of the project area, including progress toward restoration goals
and to evaluate the performance of the maintenance contractor. General observations noted
include the prevalence of annual weeds and invasive species, condition of planted container plants,
germination of applied seed, recruitment of native plant species, condition and function of the
irrigation system, and any general maintenance issues.
A site observation report will be generated following each qualitative monitoring visit and shall
provide a brief summary of project progress, identify specific problem areas and propose potential
treatments, and if needed, shall be shown graphically on a map of the project area for management
purposes. Site observation reports shall be provided in a format suitable for use in the project
manager's annual status report (ASR).
Horticultural Monitoring: Dudek will review the general health of the container plants, applied
seed mix, and other naturally recruiting native plants in the uplands and riparian restoration areas
during each site visit. Plant health observations will focus on soil moisture content, evidence of new
growth/environmental stress, and the presence of pests. The general establishment and
development of the intended native habitat will be observed and noted .
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 4
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Supplemental Irrigation: Dudek will review the use of supplemental irrigation through a
developed system or by hand watering. Irrigation issues that attribute to container plant
stress/mortality, limited seedling germination, and natural recruitment and site erosion will be
evaluated. Recommendations for development of an appropriate irrigation strategy including
watering frequency, duration, and expansion of the system will be made for coordination with the
maintenance -contractor.
Weed/Exotic Vegetation Control: Weed growth will be monitored to ensure that weeds and
target invasive species are being adequately controlled. Dudek will note weed and exotic species that
need to be removed and make a recommendation on methods of removaVcontrol. Dudek's in-house
certified pest control adviser can assist with specific herbicide recommendations; when necessary.
Erosion Control: Dudek will note any erosion problems in the coastal sage scrub slopes and the
riparian areas, including slope stability and riverbed migration. Recommendations to remedy
unnatural or excessive erosion damage through the installation of best management practices
(BMPs) will be made.
Pest Control: Dudek will monitor for insect infestations and herbivore damage (gophers, ground
squirrels, rabbits, etc.) during each monitoring visit. A determination of the relative level of threat
to the overall habitat development will be made when pests are detected. Dudek will inform the
client of conditions that could limit or reduce the success of habitat development and make a
recommendation for treatment or control.
Trash and Debris Removal: Dudek will monitor accumulations of trash and debris on site.
Areas of trash and debris accumulation will be noted in the monitoring reports for removal by the
maintenance contractor.
Vandalism and Unauthorized Public Use: Dudek will note and report observation of any on-
site damage attributed to public use or vandalism, the presence of off-road vehicles, homeless
encampments, or any downed fencing or open gates.
If the City requests the use of the biological monitor for invasive habitat removal (Task I d), general
qualitative monitoring of restoration progress will be provided in addition to invasive monitoring at no
additional cost above the time and rate established for the as-needed invasive biological monitoring.
Subtotal Tasks I a-<: .......................................................................................................... $3 1,550
Tasl< I d Additional Botanical (Qualitative) Monitoring (Optional Task)
Qualitative restoration monitoring will be conducted annually in the spring of the monitoring year. To
assist the City with biological monitoring services that best achieve the goals stated in this project.
Dudek recommends increasing the qualitative monitoring visits to biannually in the early stages of the
project or if the project fails to achieve the interim success criteria in Years Three through Five.
An additional comprehensive qualitative monitoring visit is recommended in the fall of the monitoring
year. Increasing the qualitative monitoring visits allows additional oversight of the restoration project
progress, allowing the biological monitor to identify potential problems and adapt the management
strategy, as needed. A site observation report will be included following each monitoring cycle.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 5
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Additional benefits of a scheduled fall qualitative monitoring visit include:
• Coordinating with the restoration contractor for initial and remedial native planting
• Evaluating and recommending areas for invasive removal (scheduled for September
through February)
• Evaluating the riparian areas at the peak of the growing season
• Providing accurate site assessment prior to submittal of the biological monitor's annual report
The addition of the fall qualitative monitoring visit will be conducted by a biological monitor
specializing in habitat restoration. Monitoring can include specific recommendations or a full survey
of restoration progress throughout the site (as described in Task lc).
Task le Invasive Habitat Removal Monitoring (Optional Task)
As described in the project scope of work, invasive vegetation control is anticipated for three times
per year outside of the breeding season. Dudek shall provide a biological monitor to be present
during all invasive removal cycles, as requested by the City. The biological monitor shall be qualified
to identify sensitive native habitat and be able to direct work crews to avoi~ impacts outside of
authorized work areas. The biological monitor will provide a brief site observation report following
the monitoring cycle describing the removal work.
Dudek feels that presence of the biological monitor on site provides the opportunity to evaluate
site progress and to identify and report any deficiencies to the City. A general evaluation of site
conditions with any identified shortcomings and recommendations for maintenance for the
restoration contractor will be included in the site observation report.
TASK 2 WILDLIFE MONITORING
Related to the wildlife monitoring components addressed in Sections II D and E of the request for
proposal (RFP), Dudek will perform the requested services as outlined for upland species (including
California gnatcatcher (Polioptila ca/ifornica) and other target species), riparian species (including
least Bell's vireo and other target species), and invasive species (including brown-headed cowbirds
(Mo/othrus ater) and other target species). Dudek is well equipped to perform all work outlined:
• Dudek has a long history with all of the listed species, having maintained federal permits
for all of the relevant species since their respective listings (California gnatcatcher, least
Bell 's vireo nest monitoring. southwestern willow flycatcher (Empidonax traillii extimus)) and
having surveyed for them successfully throughout their range.
• Dudek has employed very similar point-count methods for a variety of projects and clients,
including the San Diego National Wildlife Refuge Point Count Study for game birds and
mammals, Rancho Mission Viejo Land Trust, Orange County Southern Subregion Natural
Community Conservation Plan (NCCP). San Diego County Parks (six preserves), various
wind projects, and others.
• Dudek has conducted similar studies to document wildlife breeding use of habitat restoration
areas, including Trump National Golf Course (documented California gnatcatcher breeding
pairs increase from 3 to 17 pairs); Carlsbad Golf Course (documented California gnatcatcher
breeding pairs increase from 5 to 12 pairs); and others.
• Dudek has been instrumental in writing, reviewing, and implementing several habitat
conservation plans (HCPs) that required review or design of the latest state-of-the-art
survey techniques to accomplish project goals.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 6
Bill Ramsey
Subject Biological Monitoring for the lC Ranch/Trabuco Creek Habitat Restoration Project
The stated goal of the upland monitoring component is to assess the distribution, relative
abundance, and breeding activity for the focal species and group. For purposes of this study, it is
anticipated that the target group would include California gnatcatcher, but would also include
Anna's hummingbird (Calypte anna), California thrasher (Toxostoma redivivum), house finch
(Carpodacus mexicanus), northern mockingbird (Mimus polyglottos), and rufous-crowned sparrow
(Aimophila ruficeps) in order to conform to a pilot study for the Rancho Mission Viejo Land Trust
that is currently underway. This would not result in additional effort or cost, but would potentially
allow for additional comparative analysis to be completed at the end of this monitoring effort.
As directed, surveys for upland birds will be conducted by using point-count surveys four times per
year (according to season), with each site visited two times per season. Point-count monitoring will
record species and relative abundance within a given area, and counts will begin at dawn. Of
course, surveys will only be conducted during clement conditions. Because of the small extent of
the study area and its configuration, Dudek believes that only four point-count stations would be
required. Typically, biologists can count and identify bird species to at least 500 feet. Four stations
should provide more than adequate coverage. The stations would be staked in the field and GPS
used for repeatability over the duration of the study. The time spent at each point-count station
can vary widely, depending on the focus of the effort, but typically they are within the 3-to 15·
minute range. For this study, Dudek proposes to perform I 0-minute point counts.
The RFP also suggests that there would be a need to adhere to accepted survey protocols; Dudek
believes that this is not necessary to satisfy the goals of this effort, and the resulting additional cost
to coordinate with the wildlife agencies and submit additional year-end reports would not be
warranted. Modified focused surveys will be conducted for California gnatcatcher and Least Bell's
vireo during the appropriate season. During point-count surveys, Dudek will document every
individual detected, their sex, behavior (e.g., foraging, territorial display, nesting behavior, transit,
etc.), their compass direction, and distance. Other factors may be added as determined through
discussions with the City after contract award. During the study, a comprehensive list of species
detected will be gathered.
As directed, surveys for riparian birds will be conducted along systematic survey routes,
monitoring all portions of the riparian habitat. The survey route will be marked in the field through
temporary flagging and GPS-identified waypoints. This route will be designed to cover both sides of
the creek in an "up-and-back" fashion. While surveying the route, biologists will identify all species
using the habitat and their relative abundance (i.e., numbers detected during each survey). and
quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo,
southwestern willow flycatcher, yellow-breasted chat (/cteria virens), Cooper's hawk (Accipiter
cooperii)) using the habitat for nesting.
Specific nest searches will not be conducted in order to be cost-effective. Instead, biologists will
note any obvious nesting behavior (e.g .. territorial display, transferring nest material, fecal sacs,
food) and the approximate location of the activity. Surveys will be conducted at varying times of
the morning (i.e., will begin within I hour after sunrise and end by noon) on three separate
occasions between March and July, with at least 7 days between visits. Surveys will not be
conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95°
Fahrenheit (F) or <40°F or with winds >I 0 miles per hour). Taped vocalizations will be minimized
since they require additional agency coordination, reporting, and expense. Territories (singing
males) and nest locations shall be mapped as detected.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 7
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Based on the supplement to the RFP, it appears that nest fate is no longer required as part: of this
scope, but Dudek is able to add this back in if desired. Dudek has successfully performed monthly
nest status checks for select species in habitat restoration monitoring situations. While not
optimal, one can develop a quantification of the minimum number of eggs laid and chicks fledged.
As directed, invasive animal species (e .g., brown-headed cowbirds, bullfrogs (Rana catesbeiana),
African clawed frogs (Xenopus /aevis), red fox (Vulpes vulpes), and feral cats) will be monitored
throughout the restoration project. Dudek believes that this task can be accomplished cost-
effectively while performing the other monitoring studies. All are easily detectable and would not
require additional effort: to survey or map .
In summary, Dudek will perform 5 years of monitoring for both upland species and riparian species.
This will consist of four I 0-minute point-count stations, surveyed four times per year (20 visits) for
upland species, and one transect, surveyed three times per year ( 15 visits) for riparian species.
Invasive species will be noted during both efforts. To be cost-effective, an example schedule is
anticipated to resemble the following:
March -Upland/Riparian
May-Upland/Riparian
july-Riparian/Upland (Year I)
September-Upland (Years 2-5)
November -Upland
Additionally, 3 California gnatcatcher and 4 least Bell's vireo focused visits shall be conducted at
project start Uuly 20 I I), with 3 California gnatcatcher and 4-6 least Bell's vireo focused conducted
at project completion (Spring 20 16 ). Focused monitoring visits shall be conducted concurrently
with scheduled upland and riparian monitoring visits, as practicable. Upland species monitoring
shall be conducted in July 20 II to facilitate . the requested California gnatcatcher and least Bell's
vireo surveys. Findings of these surveys. shall be provided, for inclusion with the ASR and Year Five
Restoration Completion Report.
This forms the basis of the effort, but Dudek understands that the City is in discussions with the
agencies to modify the monitoring requirements, and we are able to rapidly revise our plan of
attack to meet your evolving needs.
Subtotal Ta$1< 2 .................................................................................................................. $32,340
TASK 3 REPORTING
Annual monitoring data will be prepared and submitted to the City by December I of each
monitoring year (six times, total}. Annual monitoring data shall include all qualitative and
quantitative monitoring data and graphics to support: the development of the project's required
ASR, and the Year Five Restoration Completion Report:. It is noted that the first annual report data
will be submitted 6 months following installation Uun~November. 20 II). Five interim biological
monitoring reports are anticipated for December 20 II through 20 IS with the final biological
monitoring report to be submitted on December I. 2016. Field monitoring is anticipated to
conclude in june 2016 at the 5-year anniversary.
-----------~-
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 8
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Annual report data supporting the biological monitor's work will include the results and analysis of
all botanical and wildlife monitoring, project progress summary during the monitoring period, and
all required data and analysis needed for evaluation against the project's set performance criteria. A
summary of recommendations for site maintenance, remedial actions, or adaptive management
strategies will be provided as needed. Data and summaries will be included in formats easily
incorporated into each year's ASR and the Restoration Completion Report.
Specific annual monitoring data shall include:
• A list of names, titles, and companies of all persons who prepared the content of the
biological monitor's annual monitoring report and participated in the monitoring activities
for that year
• Description of the site comparing conditions at the beginning to the conclusion of the
annual monitoring period
• The results of wildlife surveys and copies of any notification documentation from
protocol surveys
• Data sheets from quantitative data collection, an analysis of data, and a discussion of results
(Analysis and discussion will compare data to the established project success criteria and
previous years' data. All data shall be presented in spreadsheet format suitable for
inclusion in the ASR.)
• Site observation reports from all qualitative monitoring visits that include a summary of all
observations, including recent contractor maintenance, current site condition, and
recommended maintenance
• Summary of annual maintenance including container planting (by species replaced), as
observed in the field or from data provided from the City
• Recommendations for maintenance and remedial action for the next monitoring year
(based on monitoring and collected data), including weed control, invasive removal, use of
irrigation, replacement of/or additional planting, erosion control, and general maintenance
• Photo-monitoring report; photos and completed photo log provided in digital format and
presented in photo-sheet figures and photo-log table format suitable for inclusion in the
ASR and the Final Restoration Completion Report
• Maps (generated in geographic information system (GIS)) identifying monitoring areas,
transects, and planting zones (Digital world data will be provided at the City's request.)
• GPS points for all photo-monitoring stations and all transect locations. (This task will be
billed at an Environmental Specialist I billing rate.)
Subtotal Task 3 ............................................................................................................. $31,240.00
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 9
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Key Personnel Experience
Dudek's team of restoration specialists will provide the primary biological monitoring work needed
for this current project effort. The selected team members for this biological monitoring effort will
be led by Stuart Fraser, senior habitat restoration project manager, who will serve as overall
project manager. Mr. Fraser has managed mitigation site monitoring for a variety of upland and
wetland habitat restoration projects throughout Southern California. He is currently managing the
wetland and upland restoration projects in Orange County, including the Upper Chiquita Reservoir
Project (coastal sage scrub and southern cactus scrub habitat), Lower R.osan Project (wetlands and
riparian habitat), and Oso Creek Project (wetlands and riparian habitat).
Mr. Fraser will be supported by team members who h'ave local knowledge and experience,
including specific experience in the design and implementation of native restoration projects. In
addition, Dudek's biological resources staff and permitting specialists are also available should other
specific needs arise that are unanticipated at this t ime.
Figure I depicts how the team will interact with each other and with the City to complete the
biological monitoring for this project. Following the organizational chart, brief resumes highlight
team members' qualifications and relevant similar project experience.
FIGURE I. TEAM ORGANIZATIONAL CHART
WILDLIFE BIOLOGIST
Brock Ortega
HABITAT RESTORATION
SPECIALIST
Jayme Timberlake
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration
PRINICPAL IN CHARGE
Michael Sweesy, RLA
10
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Projea
PRINCIPAL IN CHARGE
Mil<e Sweesy, RLA
Michael Sweesy is a registered landscape architect and habitat
restoration specialist with 27 years' experience in landscape
architecture and habitat restoration projects. Mr. Sweesy has
designed restoration projects for wetlands creation and
enhancement such as mulefat scrub, oak riparian forest,
southern willow scrub, and vernal pools; sensitive upland
habitats such as coastal sage scrub, chaparral, and native
bunchgrass; and mitigation projects for endangered species such
as the Quina checkerspot butterfly (Euphydryas editha quino),
Palos Verdes blue butterfly (Giaucopsyche lygdamus
palosverdesensis), California gnatcatcher, least Bell's vireo, and
San Diego ambrosia (Ambrosia pumila).
r::····ll '" J' Ti (""I I t ~.-•.. l • l.. \ ) .\!
, California Polytechnic Sta.te University,
Pomona
I MLA 1984
California Sun:e University, Fullerton
BA Geography, Emph~sis in Plant
Ecology. 1978
C~F-l i F!C:/\Tl()f'J!)
1 Registered Landscape Architect (RLA)
CA No. 3319 (issued 1990)
F'R t)F ES Si 0 'u\L AFFI i.U1 TIC! NS
Society for Ecological Restoration
Mr. Sweesy supervises the preparation of conceptual design, design development, and c<;mstruction
documentation for environmental projects. Mr. Sweesy's landscape architecture ·professional training
and project experience allows him to prepare construction drawings and technical specifications that
incorporate modem, state-of-the-art construction techniques to habitat restoration projects.
Mechanized site preparation, seed application, and weed control techniques provide cost savings
while maintaining high project quality. Mr. Sweesy is particularly attuned to addressing issues to avoid
potential change orders and costly budget overruns and schedule extensions.
During his 27 years of project experience, Mr . Sweesy has conducted construction administration
and monitoring of project implementation for both permit and contract compliance. He has
managed the biological monitoring for complex projects such ·as the Sorrento Valley Utilities
Improvement Project in Peiiasquitos Lagoon, Miramar Raw Sludge and Reclaimed Water Pipelines
Project, the Trump National Golf Course construction, and the City's Lower Rosan Wetland
Mitigation . Through these projects he has developed a system for project ·documentation that
provides continuity of monitoring over the life of the project.
PROJECT MANAGER
Stuart Fraser, RLA
Stuart Fraser is a registered landscape architect and habitat
restoration specialist with I 0 years' experience in landscape
archit'ecture, habitat restoration, and environmental compliance
monitoring. Mr. Fraser has designed and monitored restoration
projects for wetland creation and enhancement and upland
habitats, such as coastal sage scrub and native bunchgrass.
C<lifornia University Pomona I ~1LA. L.andscape Archir.ecwre. 200 t
Humboldt St3ce Univer·sity
1 BS, Wildlife M<~nagemem. 1991
Reg iste r-e d Landsca pe Arc hitect His specialized expertis e includes conceptual design, design , CA ~530 1 !i ssued 2007 1
development, and construction document development, as well
as installation and long-term monitoring of restoration projects and environmental compliance for
construction projects. He has specialized skills in the use of portable GPS equipment and
computer-aided drafting and design (CADD) software in the preparation of biological inventories,
site analysis mapping, the generation of conceptual design graphics, and development of irrigation
and planting construction drawings.
DUDEK 2C RanchfTrabuco Creek Habitat Restoration II
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Mr. Fraser has managed projects similar to the 2C RanchfTrabuco Creek Project, which include
biological monitoring for the Lower Rosan-Arroyo Trabuco Revegetation Project, the RiverVillage-
Exotic RemovaVConceptual Enhancement Plan for Newhall Land and Farming Company, and the Upper
Chiquita Reservoir Emergency Storage Reservoir Project for the Santa Margarita Water District.
WILDLIFE BIOLOGIST
Brock Ortega
Brock Ortega has 20 years' experience as a wildlife biologist. He
brings extensive expertise to his project teams in many areas,
including mitigation monitoring, permitting issues related to
wetland resources and threatened or endangered species,
wildlife biology and management, ecological assessment,
environmental impact assessment and mitigation, habitat
remediation, endangered species management plan authorship,
and project management. Mr. Ortega has conducted over
20,000 hours of focused and general wildlife surveys during his
professional career.
Mr. Ortega is a recognized qualified surveyor for a number of listed
and rare amphibian and mammal species and has federal permits
for several species. He is U.S. Fish and Wildlife Service (USFWS)-
authorized as an arroyo toad (Bufo ca/ifornicus) emergency handler;
USFWS and CDFG-qualified to survey San Joaquin kit fox (Vulpes
macrotis mutico) throughout its range; and USFWS.. and U.S. Forest
Service (USFS)-qualified to survey arroyo toad (Bufo californicus),
California red-legged frog (Rana draytonii), mountain yellow-legged
frog (Rona muscosa), and Coachella Valley fringe-toed lizard (Uma
inornata) throughout their ranges.
HABITAT RESTORATION SPECIALIST
Jayme Timberlake
Jayme Timberlake is a habitat restoration specialist with over I 0
years' professional experience working in the environmental
freld. She specializes in habitat restoration and environmental
analysis. She brings diverse experience to the project team,
including mitigation monitoring, permit acquisition related to
wetland resources and threatened or endangered species,
wetland delineation, due diligence property assessment,
environmental impact assessment using GIS applications, and
project management.
Humboldt State University
BS , W ildlife Biology and Management, 1991
I C E~.'I IF !C:; iJ()I\J S
USFWS Federal I Oa Sur·vey Permit No.
TE-813545-5 (ex p. I 1/21/20 II):
• California gnatcatcher surveys
I • Least Bell's vireo surveys/nest monitoring
• Sou~;hwestern willow flycatcher surveys I • Quina checker·spot butterfly SLirveys
• Fa.iry shrimp surveys
• Mohave Ground Squirrel Chief Survey
Permit
PROFESSIONAL AFF I LIATIONS
I Americ a.n Ornithologists' Union
Asso ciation of Field Ornithologists
I
Cooper Ornithological Society
Wil so n Ornir.hological S~ciety
The Wildlife Soc iety
Univen;ir.y of Miam1, Flond3
MA. Coastal Zone Man~gement an d
Mar·ine Policy. 2007
, Universir.y of California. Santa Bar·bar<t
BA, Envimnmental Swdies
BA. Geography. 200 I
I f'r:{)i;ES")!(.~f·~/\, /.F FI :. ;r':: ~C"!-.i~~
AEP a.nd Surfrider Foundation
Recently she completed graduate research on the implications of the Solid Waste Agency of North
Cook County (SWANCC) and Rapanos Supreme Court cases on California's wetland resources.
Currently, Ms. Timberlake is working on a variety of habitat restoration projects involving
freshwater marsh, salt marsh, riparian, urbanized/disturbed. chaparral, stream channel, and coastal
sage scrub habitats. Her similar biological monitoring project work includes the Torrey Ranch
Uplands Restoration Project in San Diego County, the Crossings at Carlsbad Golf Course Project
for the City of Carlsbad, and biological monitoring for multiple Vista Unified School District sites.
DUDEK 2C Ranchffrabu~o Creek Habitat Restoration 12
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Similar Project Experience
Dudek habitat restoration specialists and biologists have performed biological monitoring for
municipalities throughout Southern California. Our team has completed biological surveys,
including vegetation and sensitive species mapping for projects varying in size from 0.5-acre parcels
to over 28,000 acres. Our staff has significant scientific training in botany, mammalogy, herpetology,
entomology, ornithology, spatial analysis, and uplands and wetlands restoration. We are particularly
knowledgeable about regional, state, and federal permitting and compliance processes.
We are experienced in collecting botanical data to document habitat restoration success, such as
transects, quadrats, tree height measurements, population counts, habitat assessments, etc., from
both mitigation areas and reference sites. Specifically, Dudek has completed similar restoration
plans for cities involving the removal and control of all invasive, non-native plants, followed by
planting California native species to establish a more diverse and multistoried native habitat.
Examples of our work follow.
ARROYO TRABUCO (LOWER ROSAN) WETLANDS MITIGATION
C _/nn : City of San Juan Capistrano
C L: E. !\i r R '' i c f' F ~~ c f:: Douglas Dumhart, currently Community Development. Director for the City of
La Palma, 7822 Walker Street, La Palma, California 90623; 714.690.3340
PROJf'CT S TAf'.T I>Ni:;. COMPLETION D.t-F : 2003-2008
j DUDEI< KI:Y PERSOI~HLL: Paul Walsh, project manager; Sherri Miller, resource agency coordination
I
and permin:ing; Michael Sweesy, conceptual mitigation design; Sr.uart Fraser, long-term biological
monitoring and ,·eporting
The Arroyo Trabuco wetlands mitigation project is
located in the City of San juan Capistrano, west of
Interstate 5, within Arroyo Trabuco Creek and its flood
plain. The project was permitted and implemented as
mitigation for the wetlands impacts associated with the
Lower Rosan Ranch site material stockpiling activities.
Dudek prepared a conceptual mitigation plan and
coordinated with the resource agencies in order to
obtain the necessary resource agency permits. Once the
permits were acquired, Dudek prepared construction
plans and specifications that included weed eradication,
irrigation, planting, seeding. and erosion control plans.
Dudek performed construction monitoring, including pre-project wildlife surveys, during
installation of the mitigation project, and coordinated closely with the City of San Juan Capistrano's
project manager and the revegetation contractor to ensure the project was installed in accordance
with the resource agency permit conditions and the construction documents.
Dudek performed long-term biological monitoring services for the duration of the project.
Monitoring activities have included regular quarterly qualitative monitoring of site conditions,
vegetation health, and attainment of maintenance objectives. Quantitative monitoring was
conducted to collect point-intercept transect data on an annual basis.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 13
Bill Ramsey
Subject Biological Monitoring for the 2C Ranch/Trabuco Creek. Habitat Restoration Project
Vegetation data was analyzed and compared against performance criteria contained in the Final
Mitigation and Monitoring Plan that was negotiated by Du9ek on behalf of the City and approved
by the resource agencies. The project met the established performance criteria and was accepted
as successful by CDFG and ACOE; it is currently being reviewed for resource agency concurrence.
VISTA UNIFIED SCHOOL DISTRICT MISSION VISTA (DUAL MAGNET) HS PROJECT
Cur ;n : Vi st a Unifie d Scho o l Dis r r i cr
C !Y cl n f:o. F i I' P r: ~J (T Stev e Pre sley, Faci lities Mana ge r, 1234 Arcadia Ave ., Vista . Californ ia;
084-3404626, 760 .726 .2170
i''P.Ojl'C: 5r ~<H1 f.·•'·!D Cor·P'UT I 0~4 DP..iE: 2004-0ngoing
Uu L·C K K 1.: Y Pi:" •;o ;,! r·.i E L : Swan Fr ase r , projec t manager ; M egan Enrigh t , permitting; Jay me
Timberla ke, biological monitor
Dudek provided environmental consulting services for the development of the 65-acre Mission
Vista (Dual Magnet) High School site, including assistance in the mitigation and preservation of a
14.2-acre, off-site preserve area (Darwin Property). Services included conducting biological surveys,
preparing a biological resources report, processing permits, preparation and implementation of
upland and wetland restorations plan, and the preparation of a perpetual habitat management plan
for both District sites.
Mitigation from construction of the school was required for permanent and temporary impacts to
coastal California gnatcatcher, least Bell 's vireo, and southwestern willow flycatcher critical habitat.
On-site mitigation included on-site restoration of 5.59 acres of coastal sage scrub habitat and 2.45
acres of native grassland habitat and enhancement of 6.8 acres of wetland within the adjacent San
Luis Rey River through the removal of 4.0 acres of arundo (Arundo donax). Off-site mitigation
included the preservation and revegetation of 14.2 acres of upland habitat at the Darwin Drive site .
Dudek prepared all restoration and preservation documents for on-site and off-site mitigation,
including upland and wetland conceptual restoration plans, construction plans and specifications,
and perpetual habitat management plans . Dudek conducted ali project environmental compliance
monitoring, restoration installation monitoring. and is currently conducting long-term biological
monitoring for both sites. The restoration of upland and wetland habitat is included in the 19.25-
acre Dual Magnet High School's open space preserve and the 14.2-acre Darwin Drive Preserve.
DUDEK 2C RanchfTrabuco Creek Habitat Restoration 14
Bill Ramsey
Subject: Biological Mon itorin g for the 2C Ranch/Trabuco Creek Habitat Restoration Project
UPPER CHIQUITA RESERVOIR HABITAT RESTORATION PLAN
l C! iU'n -Santa Margarita Water District (SMWD)
( (.;.11"''"' REFlf-:J'.tH: 1:: Bart Lantz. Construction Services Manager, 26111 Antonio Parkway. Suite A,
j Rancho Santa Margarita, California 92688; 949.459.6505
i f'RCJFC T ST;\Rl !1ND (O~·lPU:iTICH" DA 1 f.': May 2007-0ngoing
I DUDEK KEY Pf:R.SONN EL: Stuart Fraser, project manAger: Mike Sweesy, principal In charge; Jayme
Timberlake, biological moniwr; Karen Mullen and Bricney Strittmater, biological monitors
Dudek prepared an environmental impact
report (EIR) in compliance with California
Environmental Quality Act (CEQA),
environmental compliance monitoring,
restoration design and coordination for
the subject Upper Chiquita Reservoir
Emergency Storage Reservoir Project
(ESP) for SMWD, Orange County's
second-largest water district Dudek
provided environmental review of the
technical plans and technical specifications
package for reservoir construction to
promote environmental compliance.
Restoration work included development
of a 20-acre upla .nds conceptual mitigation plan for impacts to coastal sage scrub and southern
cactus scrub; preparation of final plans and specifications · for the salvage, temporary storage, and
final placement of topsoil; as well as the salvage and translocation of existing cactus. Dudek
provided biological monitoring during topsoil salvage and translocation of cactus, and
environmental compliance monitoring during construction of the reservoir. Currently, Dudek is
monitoring the placement of the topsoil and coordinating native seed collection for the post-
construction restoration effort.
SMWD's long-term planning identified the need for a domestic water storage reservoir to provide
emergency storage for several water districts Within southern Orange County. The reservoir is
being constructed with an earth-fill dam with a surface area of approximately 15.4 acres and a
storage capacity of approximately 720 acre-feet. Total project footprint is approximately 38 acres.
The proposed reservoir was included in the South Orange County Subregion NCCP/Master
Streambed Alteration Agreement/HCP and San Juan Creek and Western San Mateo Creek
Watershed Special Area Management Plan.
Dudek worked closely with staff from ASM and JMA (cultural resource monitoring) during the
construction monitoring phase and developed efficient management relationships ensuring first-rate
monitoring services.
---·------·------·-------DUDEK 2C Ranch/Trabuco Creek Habitat Restoration IS
Bill Ramsey
Subject· Biological Monitoring (or the lC Ranch/Trabuco Creek Habitat Restoration Projea
jOLI ANN LEICHTAG ELEMENTARY SCHOOL WETLANDS MITIGATION
· Cl.IE:~n: San Marcos Unified School District (SMUSD)
C t.!UH HU:EF,EN C E: Kathy Tanner, Executive Director of Facilities, 255 Pica Avenue, Suite 250, San
Marcos , California 920689, 760.290.2650
f"P. O)t C ·r S T !>. P 1' f' 1'1 D C o ~·: PLE ':'ICN [) i.; TE: May 2006-0ngoing
i D L' D E r K f: Y P r "· :c(,.;l··: r·~ ,. L. Andy Thom son, project manager a.nd rare plam m itigation task manager;
j Swart Fr ase1·, wetland mitigation task manager; Chri~ Oesch, biological monitor
The Joli Ann Leichtag project is an example of
a comprehensive environmental services
contract that Dudek provided for SMUSD .
Dudek prepared an EIR, conducted biological
surveys, processed permits, developed
supporting reports and documentation, and
prepared plans and specifications for the
wetlands and rare plant mitigation .
Additionally, Dudek's subsidiary, Habitat
Restoration Sciences Inc. (HRS), constructed
and maintains the wetlands and rare plant
mitigation designs.
After selecting its proposed elementary school's location, SMUSD discovered potential
environmental constraints in the form of endangered plants, protected wetlands, and cultural
resources. The 22-acre school site is located adjacent to Agua Hedionda Creek, a former nursery,
and an underground San Diego Gas & Electric easement. Potential issues with developing the
elementary school at this site included hazards associated with constructing a school within a I 00 -
year floodplain, impacts to jurisdictional wetlands, hazardous materials/waste associated with
former agricultural fields, hazards associated with the proximity of a power easement, cultural
resources, and endangered species .
To evaluate potential effects to biological resources, Dudek conducted biological surveys, including
vegetation mapping, a wetlands delineation, wildlife surveys, and rare plant surveys . Dudek
conducted focused surveys for the state and federally listed least Bell's vireo and state-listed
endangered southwestern willow flycatcher . Dudek conducted focused surveys .for rare plants,
including thread-leaved brodiaea (Brodiaea ft/Jfolia S. Watson), San Diego thornmint (Acanthomintha
ilidfolia). Orcutt's brodiaea (Brodiaea orcuttii), long-spined spineflower (Chorizanthe polygonoides var.
longispina), and San Diego goldenstar (Muilla clevelandii).
Dudek prepared a biological r esources technical report and coordinated and conducted resource
agency pre-application meetings. Dudek processed all necessary permits over a 2-year period .
Additionally, Dudek prepared conceptual mitigation plans for impacts to wetlands and to state-
listed endangered thread-leaved brodiaea and oversaw implementation of the plans by Dudek's
subsidiary, HRS . Dudek is currently providing long-term monitoring and reporting services for the
project. Other technical services provided by Dudek include preparation of a Phase I
Environmental Site Assessment, hydrology and water quality analysis, and noise study.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 16
Bill Ramsey
Subject: Biological Monitoring (or the 2C Ranch/Trabuco Creek Habitat Restoration Projea
CROSSINGS AT CARLSBAD
C. LIE i\iT: City of Carlsbad
C Li H ·P R f:H:f\.F. N C E: Liz Kerabian, #I 799 Pine Avenue, Suite 200, Carlsbad, California 92008,
760.434.2.978
l'r:: 0 l FC T S .,. i' 1'.1' .-I..N D (OM PLFT! ::;N DA F: 2005-0ngoing
D uor;·: K F ;' FE:r>::;o;·,J ~Jf. L: Mike Sweesy and Stuart Fraser-Environmental Compliance and Biological
Long-Term Monitoring
The Crossings at Carlsbad municipal
golf course was a complex, multiyear,
multimillion-dollar public agency
development project requwmg a
diverse range of environmental
services from Dudek. Surrounded by
the City of Carlsbad's 25,000-acre
Habitat Management Plan (HMP)
preserve, the Crossings links two
core NCCP reserve areas. The
challenge was to build this large public
project over an environmentally
constrained 400-acre site. Blending
the course into its sensitive surroundings was a key consideration in the environmental compliance
management program that Dudek implemented during construction.
Compliance monitoring activities included limit of work fence verification; monitoring vegetation
clearing and grubbing; limit of work compliance durlng all construction activities, including mass
grading of I .2 million cubic yards of soil; and installation of golf course irrigation, turf, and landscaping;
and other golf course facilities. Dudek compiled a complete document record of construction
compliance that formed the basis for the final compliance management report. A post-construction
impact and mitigation acreage assessment was conducted using sub-meter GPS data.
Dudek performed overall environmental compliance management and advised City staff on critical
issues related to mitigation conditions contained in the EIR and environmental permits. Dudek
monitored all phases of construction including archaeological and paleontological resources
(through subconsultants), California gnatcatcher, sensitive habitats, water quality, Stormwater
Pollution Prevention Plan (SWPPP)/erosion control, BMPs, fugitive dust, noise, hazardous materials,
and limits of work.
Dudek monitored the restoration and revegetation of over 80 acres of coastal sage scrub habitat and
the creation and enhancement of approximately 7 acres of federal and state jurisdictional wetlands.
Dudek exhibited its capability to identify critical issues and provide resolutions under tight
construction timelines. During golf course construction, Dudek monitors discovered one proposed
mitigation site overlapped with a pre-existing wetlands mitigation project and supported coastal
sage scrub habitat occupied by California gnatcatchers. Dudek advised the City to stop work in the
area. located other wetlands mitigation sites supporting riparian vegetation, identified alternate
wetland creation sites, designed new wetlands mitigation, and prepared construction drawings.
Dudek provided these services on a schedule that allowed the contractor to complete this work
on time to preserve the goff course opening date. '
--------------· DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 17
Bill Ramsey
Su bject: Biolog ica l Mo nitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
HABITAT, WILDLIFE AND INVASIVE PLANT SPECIES MAPPING
C I, 1 '' 1 ~ r : City of San Juan C api strano
C UEN T f\ t::ERn JCE: Willia m Ramsey, AICP. Principal Planner, 32400 Pa seo Adelanto, San Juan
Capismw o, Californi a 92675
P i'.O JECr $TM\l' t··.ND COM PLETI OI-J D rnE: 2008
D ;JD U~ K EY P n ::)ONN EL : Ryan H enry -Pro ject Manager
Dudek was contracted by the City of San Juan Capistrano to provide planning-level and site-specific
mapping of vegetation communities (natural habitat), invasive plant species, and sensitive plant and
wildlife species within undeveloped, open space areas of the City. The information enhanced the
City's open space database in support of funding efforts through an open space bond initiative and
grant applications for Measure M.
The City wanted to reevaluate its open space preservation effort and needed to update the existing
vegetation community database generated during the development of the Orange County NCCP.
The City also wanted to update its invasive and sensitive plant and wildlife species data on
approximately 2,475 acres of undeveloped land within the City's boundaries. The mapping effort
entailed two levels of research and investigations: Planning Level through aerial interpretation and
data gathering from published documents, and Site-Specific Level through field verification within
open space areas.
050 CIREEK RESTORATION AND PROTECTION PROJECT
I
C:.l[f·.:·:·: City of Mission Viejo
(: !.,. i !: H ' R !7 'f E. P.!~. r-Jt..: F: Joe An1es, Associare C,ivil Engine.er, #·I 200 Civic Center, Mission V~ejo,
l Cafifornia 92691: 949.470.8419
; f'•:o:r.c; S"l/.kT t;~JU CC>:·:~'!_i:TiC~; Dt•.l E: 2008-0ngoing
( D L' Clf 1~ K rv f' c: '<::,o r ;r! H : Stuart Fraser -Habitat Restoration
The City of Mission Viejo contracted
Dudek to provide a broad range of
environmental consulting expertise to
assist the City in the Oso Creek
Restoration and Protection
Project. The project consists of the
installation of water quality structures
(bioswales), removal of invasive plant
species, and increasing public
awareness of the impacts of urban
runoff within the Oso and Jeronimo
Creek watersheds.
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 18
Bill Ramsey
Subjea: Biological Mon it oring for the 2C Ranch/Trabuco Creek Habitat Restoratio n Projea
Project Schedule
Dudek anticipates the following schedule (Table 2) to complete the biological monitoring for the
2C Ranch/Trabuco Creek Habitat Restoration Pro ject.
TABLE 2. PROJECTED SCHEDULE
Task Timeframe
Esta bl ish pl]oto-monltq,rin g sta tio ns and prov ide l &cat foh ~ to the CitY~ Develop · June 2011 '
photo-log fonn for use .thr ciu gh'outp rojecf ·. · •.. · · · ·
Collect pre-project photo-monitoring data
Establish monitoring transects in coastal sage scrub and riparian projeCt areas
Collect pre-project transect data
Summer upland bird swrvey .
Monitor removal of invasive habitat (vegetation) -(as-needed)
Fall upland b'ird survey ·
Monitor installation of native plantings-(as-needed)
Qualitative monitoring of site progress-(as-needed)
June 2011
• June 2011 ·
June 2011
July/September 2011-2015
September-february 2011-2016
November 2011-2015
October 2011-2015
· October 2011-20,15
Initial invasive animal species survey . Oc;tober 2011
Submifinterlm biological rnonito'lihg annual reports to the proje.ct manager to ·· Noyember 2011-:2015
support development of the ASR · · · ·
Riparian bird surveys (adjust scheduledates per agency reqljirements)
Winter upland bird survey ..
Protocol surveys for target wildlife species
Invasive animal species su!Vey: ·
Spring upland bird survey
Conduct Years One through Five photo~documentation .\
Collect Year One through Five photo-monitoring and transect data
Submit , final biological monitoring annual repo_rt to tbe projecf~anag~r to
supp-ort deve lopment of ttie Final Res\Qration pompletion Repo[t ·
DUDEK 2C Ranchffrabuco C r eek Habitat Restoration
January-July 2011-2016
March 2012-2016
March-June 2012-2016
Aprii..:Juti'e 2012-2016
May 2012-2016
: Jdne 2012-2016
Jun,e 2012-2016
November 2016;
19
Bill Ramsey
Subject Biologica l Mon it ori ng for the 2C Ranch/Trabuco Creek Habitat Restoration Pro ject
Project Budget
Dudek anticipates the following budget (Table 3) to complete the biological monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project.
TABLE 3. PROJECTED BUDGET
Stuart F.
Fraser
Initial data collection & Establish 1 16 16 2 35 250 $5,095
Monitoring Transects/Photo points
Annual Data Collection YRS 1-5 (Upland 44 . ~ 44.5 ... -"-88 .5 500 $12,440 ., .~
Transects/PhotopointS) 5x
"'t .
Annual Data Collection YRS 1-5 (Riparian 44 44.5 88 .5 500 $12,440
TransectsiPhotopoints) 5x
Target Species Protocol Monitoring
~
Riparian Bird Monitoring (3x-2012-2016) 5 45 45 95 $300 $14,025
15 visits
Upland Bird Monitoring (2x per season per 5 45 45 " 95 $30 0 $1 4,025 . • ov.-. ..... ~ ... .. . .. .... ,.,. ,.•.-:-"1•
year) 20 total visits ' •'".!~ ~!~ ...... -:::.~ .... ~~; ' -~ .... ::' ...
Invasive Animal Species Monitoring 1 1 $225
(included above)
m~ ~-. ~
T ota_l H~ui'S :,
TOTA L~BOR &DIRECT COSTS • $4,500 <$21,750 $22,080 $41,280 •$1,800 :-· .. $1.620 n/a
DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 20
Bill Ramsey
Subject: Biological Monitoring for the 2C Ranch/Trabuco Creek Habitat Restoration Project
Dudek looks forward to supporting with technical biological monitoring, qualitative consultation to
provide remedial maintenance recommendations f:l,nd adaptive management strategies, and as·
needed field monitoring services. Should you have any questions or wish to discuss this project
further, please do not hesitate to contact me at 760.479.4274 or sfraser@dudek.com.
Sincerely,
~
Senior Project Manager
June
Execut ive Vice President/Environmental
Services Manager
Note: June Collins Is authorized to bind Dudek. This proposal shall remain valid for 90 calendar days upon receipt of proposal.
DUDEK 2C Ranchffrabuco Creek Habitat Restoration 21
~ . .
-:
San Diego
605 Third Sr.reet
Encinitas , CA 92024
800.450.18 18
Orange County
31878 Camino Capistrano, #200
San Juan C<tpistrano, CA 92675
949.450.2525
()N LINE
Inland Empire
1650 Spruce Street, Suite 240
Riverside, CA 92507
951.300.21 00
Coachella Valley
40-004 Cook Street, Suite 4
Palm Desert, CA 92211
760.341 .6660
info@dudek.com
Los Angeles
25124 Springfield Ct .. Suite 210
Santa Clarita, CA 91355
661.705.3399
Central Coast
621 Chapala Street
Sama Barbara, CA 931 0 I
805.963.0651
Oudek.com
Sacramento
980 9th Street, 16th Floor
Sacramento) CA 95814
916443.8335
Auburn
I 1641 Blocker Dr .. Suite 240
Auburn, CA 95603
530.885.8232
facebool<.com/dudeknews
FIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN JUAN CAPISTRANO ("City") and Dudek, ("Consultant") is made and
entered into, to be effective the 1st day of January, 2016, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated June 21, 2011 for biological monitoring services for the 2C Ranch/Trabuco
Creek Habitat Restoration Plan (the "Agreement"); and
WHEREAS , the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to the amend Section 2 of the Agreement as follows:
Section 2. Term.
This Agreement shall commence on the effective date of
this Agreement and services required hereunder shall continue
until notified that said services are no longer required, subject to a
notice of termination issued per Section 15 (Termination) of this
Agreement. The City may periodically assess the performance of
Consultant to assure that the 2CRanch/Trabuco Creek Habitat
Restoration Plan implementation is maintaining consistency with
Orange County Transportation Authority (OCTA) guidelines.
Annually, City shall conduct a performance review of
Consultant's work performed under the terms of this Agreement
and the approved scope-of-work (SOW) to assure that all
Consultant's work has met or exceeded the standards for
performing said work.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
II
II
II
II
II
II
-1-
61147.00000\23227285 .1
ATTACHMENT 3
:~Gk~~~~ C 'ty Cte
APPROVED AS TO FORM:
~2-
61147.00000\23227285.1
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
DUDEK
1. Parties and Date.
This Amendment No. 2 to the PROFESSIONAL SERVICES AGREEMENT is made and
entered into as of this 19th day of September, 2017, by and between the City of San Juan Capistrano,
a municipal organization organized under the laws of the State of California with its principal place
of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Dudek, a
California Corporation with its principal place of business at 605 Third Street, Encinitas, CA 92024
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"PERSONAL SERVICES AGREEMENT" dated June 21, 2011 ("Agreement") for the purpose of
retaining the services of Consultant to provide biological monitoring services for the 2C
Ranch/Trabuco Creek Habitat Restoration Project.
2.2 Amendment No. I. On January 1, 2016, the City and Consultant entered into First
Amendment to the Agreement ("Amendment No. 1 ") to extend the term of the Agreement. Due to
typographical error, Amendment No. 1 referred the Agreement as the "Personal Services
Agreement" instead of "Professional Services Agreement."
2.3 Amendment No.2. With this Amendment No.2 to the Agreement ("Amendment No.
2"), the City and the Consultant now desire to amend the Agreement to increase the not-to-exceed
compensation amount of the Agreement.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 6 of
the Agreement.
3. Terms.
3 .1 Amendment to Section 3 .1. Section 3.1 of the Agreement is hereby amended in its
entirety to read as follows:
Page I of3
61147.01000\30091846 .1 ATTACHMENT 4
3.1 Amount.
Total compensation for the services hereunder shall not exceed
$101,991.63 (One hundred one thousand, nine-hundred ninety-one and sixty-three
cents) as set forth in Exhibit "A," attached and incorporated herein by reference.
3.2 Amendment to Exhibit A". Page 20 (Project Budget) of Dudek's Proposal included
as Exhibit "A" to the Agreement is hereby amended in its entirety to read as provided in Exhibit "A"
to this Amendment No.2.
3.4 Continuing Effect of Agreement Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No.2.
3.6 Severabili!y. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
61147.01000\30091846 .1
SIGNATURE PAGE FOR A:MENDMENT N0.2 TO PERSONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
CITY OF SAN JUAN CAPISTRANO
Approved By:
Ben Siegel
City Manager
Date
Attested By.
Maria Morris, City Clerk
Approved As To Form:
City Attorney
61147.01000\30091846.1
AND DUDEK
DUDEK
Na
Title
Date
Page 3 of3
Dudek
Frank Dudek
President
SEPT. /. ZIJ/7 ,
DUDEK
605 Third Street
Encinitas, Ca 92024
EXHIBIT A
Phone: (760) 942-5147 Fax: (760) 632-0164
AGREEMENT AMENDMENT AUTHORIZATION
To:
This form is provided to document Client's written authorization to amend our existing Agreement as
discussed. By documenting Client's written authorization for an Agreement amendment, Dudek hopes to
avoid any misunderstanding between Client and Dudek, and to expedite the changes requested. All other
terms and conditions of the original Agreement between Client and Dudek remain in effect.
Contract Name: ako Rauterkus
Contract/Purchase Order No.:
Dudek Job No.: Dudek Pro"ect Mana er: Stuart Fraser
Contract Effective Date:
TO EXPEDITE EXTRA SERVICES, PLEASE SIGN AND FAX OR SIGN, SCAN AND E-MAIL BACK TO DUDEK
Phaso
1 • Field Data Collection 14
2 -Evaluate Data and Generate Report 14
3 ·Provlous co nu act ovnrrun
Total Hours 28
Total Billing 4,900
DUDEK 2C Ranch/Trabuco Creek
TABLE I.
2C Ranch/Trabuco Creek
Ammendment for Additional Monitoring
Cost Summary
14 28 3,780
14 2,450
14 42 6,230
1,330 6,230
130 150 3,929 .50
2,450.00
482.13 482.13
6,230.00
130 150 482 $ 6,861 .63
DUDEK
2017 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director. .................................................................... $270.00/hr
Principal Engineer 111 ............................................................. $240.00/hr
Principal Engineer II ............................................................. $230.00/hr
Principal Engineer I .............................................................. $220.00/hr
Program Manager ........................................................... _. .... $21 0.00/hr
Senior Project Manager ........................................................ $21 0.00/hr
Project Manager ................................................................... $205.00/hr
Senior Engineer 111 ................................................................ $200.00/hr
Senior Engineer II ................................................................ $190.00/hr
Senior Engineer I ................................................................. $180.00/hr
Project Engineer IV !Technician IV ........................................ $170.00/hr
Project Engineer Ill/Technician Ill ......................................... $160.00/hr
Project Engineer 11/Technician II ........................................... $145.00/hr
Project Engineer !/Technician ! ............................................. $130.00/hr
Project Coordinator. .............................................................. $1 00 .00/hr
Engineering Assistant ............................................................. $95.00/hr
ENVIRONMENTAL SERVICES
Principal ............................................................................... $240.00/hr
Senior Project Manager/Specialist 11 ..................................... $225.00/hr
Senior Project Manager/Specialist ! ...................................... $215.00/hr
Environmental Specialist/Planner VI ..................................... $195.00/hr
Environmental Specialist/Planner V ...................................... $175.00/hr
Environmental Specialist/Planner IV ..................................... $165.00/hr
Environmental Specialist/Planner Ill ..................................... $155.00/hr
Environmental Specialist/Planner II ...................................... $140.00/hr
Environmental Specialist/Planner I ....................................... $125.00/hr
Analyst 111 ............................................................................. $115 .00/hr
Analyst II .............................................................................. $105.00/hr
Analyst I ................................................................................. $95.00/hr
Planning Assistant 11 ............................................................... $85.00/hr
Planning Assistant ! ................................................................ $75.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner 11 ........................... $220.00/hr
Senior Project Manager/Coastal Planner ! ............................ $21 0.00/hr
Environmental Specialist/Coastal Planner VI ........................ $200.00/hr
Environmental Specialist/Coastal Planner V ......................... $180.00/hr
Environmental Specialist/Coastal Planner IV ........................ $170.00/hr
Environmental Specialist/Coastal Planner Ill ........................ $160.00/hr
Environmental Specialist/Coastal Planner II ......................... $150.00/hr
Environmental Specialist/Coastal Planner I .......................... $140.00/hr
CULTURAL AND PALEONTOLOGICAL SERVICES
Senior Project Manager/Archaeologist 11 ............................... $215.00/hr
Senior Project Manager/Archaeologist !. ............................... $205.00/hr
Environmental Specialist/Archaeologist V ............................. $185.00/hr
Environmental Specialist/Archaeologist IV ............................ $165.00/hr
Environmental Specialist/Archaeologist Ill ............................ $145.00/hr
Environmental Specialist/Archaeologist II ............................. $135.00/hr
Environmental Specialist/Archaeologist ! .............................. $125.00/hr
Environmental Specialist/Architectural Historian II ................ $150.00/hr
Environmental Specialist/Architectural Historian 1 ................. $125.00/hr
Environmental Specialist/Paleontologist II ............................ $165.00/hr
Environmental Specialist/Paleontologist I ............................. $125.00/hr
Paleontological Technician Ill ................................................. $85.00/hr
Paleontological Technician 11 .................................................. $75.00/hr
Paleontological Technician ! ................................................... $55.00/h r
Cultural Resources Technician!! ............................................ $75.00/hr
Cultural Resources Technician ! ............................................. $55 .00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ................................................................ $195.00/hr
Senior Construction Manager .............................................. $180.00/hr
Senior Project Manager ........................................................ $160.00/hr
Construction Manager .......................................................... $150.00/hr
Project Manager ................................................................... $140.00/hr
Resident Engineer ............................................................... $140.00/hr
Construction Engineer .......................................................... $135.00/hr
On-site Owner's Representative ........................................... $130.00/hr
Construction Inspector 111 ...................................................... $125.00/hr
Construction Inspector 11 ....................................................... $115 .00/hr
Construction Inspector! ........................................................ $105.00/hr
Prevailing Wage Inspector .................................................... $135.00/hr
DUDEK
COMPLIANCE SERVICES
Compliance Director ............................................................ $205.00/hr
Compliance Manager ........................................................... $145.00/hr
Compliance Project Coordinator ........................................... $105.00/hr
Compliance Monitor ............................................................... $95.00/hr
HYDROGEOLOGICAL SERVICES
Principal ............................................................................... $260.00/hr
Principal Hydrogeologist/Engineer. ....................................... $240.00/hr
Sr. Hydrogeologist IV/Engineer IV ....................................... $225 .00/hr
Sr. Hydrogeologist Ill/Engineer 111 ......................................... $210.00/hr
Sr. Hydrogeologist 11/Engineer 11 ........................................... $195.00/hr
Sr. Hydrogeologist 1/Engineer !. ............................................ $180.00/hr
Hydrogeologist VI/Engineer VI ................................ -.......... $160.00/hr
Hydrogeologist V/Engineer V ............................................... $150.00/hr
Hydrogeologist IV/Engineer IV ............................................. $140.00/hr
Hydrogeologist Ill/Engineer 111 ............................................. $130.00/hr
Hydrogeologist 11/Engineer 11 ................................................ $120.00/hr
Hydrogeo logist 1/Engineer ! .................................................. $110 .00/hr
Technician ....................................................................... , ... $100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager ..................................................... $185.00/hr
District Engineer ................................................................... $175.00/hr
Operations Manager ........................................................... $150.00/hr
District Secretary/Accountant .............................................. $1 00.00/hr
Collections System Manager ................. -.............................. $100.00/hr
Grade V Operator ................................................................ $100.00/hr
Grade IV Operator .................................................................. $90 .00/hr
Grade Ill Operator .................................................................. $85 .00/hr
Grade II Operator ................................................................... $63.00/hr
Grade I Operator .................................................................... $55.00/hr
Operator in Training ............................................................... $40.00/hr
Collection Maintenance Worker 11 ........................................... $60.00/hr
Collection Maintenance Worker! ............................................ $45.00/hr
OFFICE SERVICES
Technicai/Drafting/CADD Services
3D Graphic Artist .................................................................. $160.00/hr
Senior Designer ................................................................... $150.00/hr
Designer .............................................................................. $140.00/hr
Assistant Designer ............................................................... $135.00/hr
GIS Programmer! ................................................................ $180.00/hr
GIS Specialist IV .................................................................. $155.00/hr
GIS Specialist Ill .................................................................. $145.00/hr
GIS Specialist II ................................................................... $135.00/hr
GIS Specialist I .................................................................... $125 .00/hr
CADD Operator Ill ............................................................... $130.00/hr
CADD Operator 11 ................................................................. $125.00/hr
CADD Operator!. ................................................................. $11 0.00/hr
CADD Drafter ....................................................................... $100.00/hr
CADD Technician .................................................................. $95.00/hr
SUPPORT SERVICES
Technical Editor 111 .......... _ .................................................... $145.00/hr
Technical Editor 11 ................................................................. $130.00/hr
Technical Ed it or I ................................................................. $115. 00/hr
Publications Specialist 111 ................................................... $105 .00/hr
Publications Specialist 11 ......................................................... $95.00/hr
Publications Specialist! .......................................................... $85.00/hr
Clerical Administration 11 ......................................................... $90.00/hr
Clerical Administration! .......................................................... $85.00/hr
Forensic Engineering -Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates ,
Emergency and Holidays -Minimum charge of two hours will be billed at 1. 75 times the
normal rate
Material and Outside Services -Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc, are
charged at 1.15 times the direct cost
Travel Expenses -Mileage at current IRS allowable rates Per diem where overnight stay is
involved is charged at cost
Invoices, Late Charges -All fees will be billed to Client monthly and shall be due and payable
upon receipt Invoices are delinquent if not paid within 30 days from the date of the invoice.
Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance
until paid in full .
Annual increases-Unless identified otherwise, these standard rates will increase 3% annually.
Effective January 1, 2017