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20-0602_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._First Amd to Professional Services Agr (20202)AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement for the San Juan Creek Arizona Crossing Removal Project (CIP 20202) is made and entered into as of June 20, 2020, 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 Wood Environment & Infrastructure Solutions, Inc. a Nevada corporation, with its principal place of business at 1105 Lakewood Parkway, Suite 300 Alpharetta, Georgia 30004 (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 "Professional Agreement Services" for the San Juan Creek Arizona Crossing Removal Project CIP 20202 ("Project") dated July 2, 2019 ("Agreement') for the purpose of retaining the services of Consultant to provide engineering and construction support services for the Project. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services to include riparian bird survey and monitoring support services, and to make a corresponding increase of $5,817.50 to the not -to -exceed compensation amount. 2.3 Amendment Authority. This Amendment No. l is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2(b) of the Agreement is hereby amended in its entirety to read as follows: b. In no event shall the total amount paid for services rendered by * Consultant under this Agreement exceed the sum of $67.967.50. This amount is to cover all printing, mileage, and related costs, and the City will not pay any additional fees for mileage or printing expenses. Periodic payments shall be made within 30 days of Attachment 4 Page 1 of 8 receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 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. 1. 3.4 Severability. If any portion of this Amendment No. 1 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] Attachment 4 Page 2 of 8 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Ben el M Cil onager 7-7-7 Date A tte7�y: Ta- Mqrla Morris, Cit6lerk Approved As To Form: City Attomey WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. Signature Theodore W. Von aitner Senior Auodate Project Manager Title May 26, 2020 Date Attachment 4 Page 3 of 8 wood. May 20, 2020 Joe Parco, City Engineer Public Works and Utilities Department City of San Juan Capistrano San Juan Capistrano, CA 92675 RE: Scope of Services for Riparian Bird Surveys for the San Juan Creek Arizona Crossing Project (CIP 20202) Dear Joe, Wood Environment & Infrastructure Solutions, Inc. (Wood) thanks you for the opportunity to submit this proposal for the required riparian bird surveys for Least Bell's Vireo and Southwestern Willow Flycatcher at the Rancho Mission Viejo Riding Park at San Juan Capistrano (Riding Park), located in San Juan Capistrano, CA. The following scope of work is proposed. These surveys are required by the resource agencies and need to complete before the start of construction on the Rancho Mission Viejo Riding Park (Riding Park) capital improvement program projects. Per the protocols established by US Fish & Wildlife Service (USFWS) these surveys need to be conducted during the Least Bell's Vireo nesting season (April to August) and the Southwestern Willow Flycatcher season (May 15 - July 14). Key personnel for this project are: Regulatory Permit Task Lead: Nick Ricono (858) 300-4332, nick.ricono(a).woodplc.com Project Manager: Ted VonBitner, Ph.D., (858) 514-7741, theodore.vonbitner(&.woodolc com Project Reviewer: Matt Rich, (858) 514-6478, matt.rich(cwoodplc.com Task 1: Field Surveys A two -person field team of agency permitted biologists surveys suitable riparian areas and any other potential habitats at least eight times during the period from April 10, 2020 to July 31, 2020 for Least Bell's Vireo and a total of five surveys will be completed for Southwestern Willow Flycatcher. The schedule for these surveys is determined by the USFWS protocol.' Surveys for each species can be completed on the same days. Site visits need to be conducted at least 10 days apart per USFWS guidelines to maximize the detection of, for example, late and early arrivals, females, particularly "non - vocal" birds of both sexes, and nesting pairs. https://ww fws.gov/ventura/docs/spec es/p otocols/Ibv/leastbells eo survey -Guidelines pcif. Attachment 4 Page 4 of 8 Surveys one through four, listed in Table 1, were completed using City Council approved contingency funds included in the July 2019 Professional Service Agreements for the Arizona Crossing removal and Slope Stabilization projects. Table 1. RMV Riding Park Completed Riparian Bird Surveys. April 10, 2020 (Least Bell's Vireo) April 20, 2020 (Least Bell's Vireo) April 30, 2020 (Least Bell's Vireo) May 20, 2020 (Least Bell's Vireo and Southwestern Willow Flycatcher) Survey Schedule' The procedures for each species are as follows: • Least Bell's vireo is an eight visit protocol with the first available date starting on April 10'h and each survey needs to be conducted 10 days apart and completed by July 31 st. • Southwestern willow flycatcher is a five visit protocol with the first survey required to be conducted between May 15-31, two surveys between June 1-24, and two surveys between June 25 -July 17. Table 2 lists the remaining bird surveys to be completed for this project. Table 2. RMV Riding Park Riparian Bird Surveys to be Completed. 3 June 3, 2020 (Least Bell's Vireo and Southwestern Willow Flycatcher) June 17, 2020 (Least Bell's Vireo and Southwestern Willow Flycatcher) June 30, 2020 (Least Bell's Vireo and Southwestern Willow Flycatcher) July 14, 2020 (Least Bell's Vireo and Southwestern Willow Flycatcher) The proposed schedule may change slightly due to weather, staff illness, or other unexpected acts of god. Task 2: Reporting Within three weeks following completion of the surveys, a draft report of findings will be prepared as required by the USFWS. The deliverable for this task assumes responding to one round of comments from the City and one round of comments from USFWS. The final report will be submitted to the City 10 -days from receipt of the final agency comments. 2 The project start and end dates are determined by USFWS procedural guidance including the minimum number of surveys needed to complete a protocol level survey. 3 USFWS procedure do not prohibit combining different specie surveys on the same day and Wood intends to have a two - person field team conduct the surveys to maximize the likelihood of detecting both species. Attachment 4 Page 5 of 8 wood. Estimated Budget The estimated budget for this project shall not exceed $6,817.60 as listed in Attachment 1 and will commence upon receipt of the NTP. All work will be billed on a Time and Material basis as in accordance with the City Council approved professional services agreement for the capital improvement projects at the Riding Park. Please contact me at (949) 363-3232 if you have any questions or need additional information. Sincerely, Wood Environment & Infrastructure Solutions, Inc. Ted VonBitner, Ph.D. Senior Associate Project Manager Attachment 4 Page 6 of 8 3 m A d ca m v 0 rb wood. Attachment 1. Proposed Project Budget for Riparian Bird Surveys at Rancho Mission Viejo Riding Park at San Juan Capistrano Client Name: Project Name: Verified by: Approved by: Date: City of San Juan Capistrano RMV Riding Park N. Ricono, Technical Lead T. Von Bitner, PM May 20, 2020 Task 1 Conduct Least Bell's Vireo Surveys''' Task 2 Letter Report" Stream Bank Project Total Totals Description (List categories or titles) Class Code Labor Rate HRS COST HRS COST HRS COST $2,782.50 WIFL Permitting Biologist John Green? $130 40 S 5,200 34 S 4,420 74 $ 9,620 Senior Biologists Nathan Moorhatch $130 1 $ 130 2 $ 260 3 S 390 GIS Specialist Aaron Johnson 5130 0 $ 0 3 $ 390 3 S 390 Admin Support Project Coordinator $85 1 $ 85 2 $ 170 2 $ 170 Word Processing Project Coordinator $85 0 $ 0 4 $ 340 5 $ 425 Project Manager Ted Von Bitner $190 0 $ 0 1 $ 190 1 $ 190 Technical Lead Nick Ricono $150 1 $ 150 2 $ 300 3 $ 450 Total Direct Labor 43 $ 5,666 48 $ 6,070 91 $11,636 Cost per Survey — 1 $ 1,391 Proposed Project Funding Options for Riparian Bird Surveys at Rancho Mission Viejo Riding Park at San Juan Capistrano Arizona Stream Bank Activity Description Cost perSurvey Total Cost Crossing (20202) Restoration (20203) $2,782.50 $2,782.50 Conduct Least Bell's Vireo Surveys Surreys 5.8 $1,391 $5.565 Project Report and coordination with Letter Not Applicable $6,070 $3,035.00 S3,035.00 Resource Agency I RepoNCoordination 55,817.50 55.817.50 Total Additional Budget Needed for Surreys 571,635 wood. Key Budget Assumptions: 1. USFWS survey method guidelines require that the riparian surveys must be conducted between dawn and 11:00am. 2. The survey team needs to include two people for maximize the possibility of locating a Least Bell's Vireo and for safety reasons while working in San Juan Creek that may include encountering homeless individuals, working in a remote environment, and maintaining a line of communication with the Project Manager in case unexpected circumstances require surveys to be suspended or rescheduled. 3. Labor hours also Include time on the back end for field data entry and preparations for the subsequent survey. 4. Administrative level staff are included in the preparation and/or reporting process to reduce the cost of service to the City of San Juan Capistrano. S. Labor hours for the Project Manager and Technical Lead cover time needed to be kept appraised of the field team's findings and to provide updates the City, and N necessary, the resource agencies. 6. Wood's quality assurance program requires that the Technical Lead and Project Manager review the draft and final letter report to ensure the completeness and accuracy of the report content including that the information presented maintains consistency with past points of communication to outside entities such as USFWS, CDFW, and OC Coastkeeper. 7. A second licensed wildlife biologist accompanies John Green during surveys but the individual available to support this project may change due to unforeseen scheduling complications.