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
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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.