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08-0819_DUDEK_Personal Services Agreement0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Dudek ironmenW (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare environmental documentation and to manage the environmental review process consistent with the City's "Local Guidelines for Implementing the California Environmental Quality Act" and the California Environmental Quality Act (CEQA) regarding preparation of habitat, invasive plant species, and sensitive wildlife species mapping for the City of San Juan Capistrano; 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 City 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. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed twenty- four thousand, nine -hundred and ninety dollars and no cents ($24,990.00) as set forth in Exhibit "B," attached and incorporated herein by reference. 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 Personal Services Agreement Habitat Mapping CEQA Consulting Services page 1 of 7 0 0 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City'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 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 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 extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 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. 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 Personal Services Agreement Habitat Mapping CEQA Consulting Services page 2 of 7 0 0 proceed with further work under this Agreement until written instructions are received from the City. Section B. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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. 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, Personal Services Agreement Habitat Mapping CEQA Consulting Services page 3 of 7 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 Admitted Insurers in good 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. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 4 of 7 0 0 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 insured parties for 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 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall not be required to maintain Errors and Omissions Coverage (professional liability coverage). 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 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 terminate 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 (10) 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 (10) day cure period. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 5 of 7 0 0 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: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William A. Ramsey, AICP, Principal Planner To Consultant: Dudek 111 Pacifica, Suite 230 Irvine, CA 92618 Attn: Ryan Henry, Project Manager/Biologist 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. 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. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 6 of 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Qe,,� --�--7 C Dave Adams, City Manager CONSULTANT 2 B71or"': 4-0rank Dudek t71 ES Dudek 0 APPROVED AS TO FORM: Omar Sanddval, City Attorney Personal Services Agreement Habitat Mapping CEQA Consulting Services page 7 of 7 9 0 EXHIBIT B, PAYMENT FOR SERVICES Preparation of Habitat, Invasive Plant Species, and Sensitive Wildlife Species Mapping for the City of San Juan Capistrano Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $<amount>. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section II. Contract Administration and Payment A. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of this agreement, deposit with the CITY, the amount referenced in Section I. above. B. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule and within thirty (30) days of the submission of invoices for authorized work completed by the consultant: Not more than ten percent (10%) shall be paid during preparation of the draft technical report and mapping. 2. Not more than seventy-five percent (75%) cumulative of the total contract amount shall be paid at submission of the draft technical report & mapping. 3. Not more than ninety percent (90%) cumulative of the total contract amount shall be paid at submission of the revised draft technical report & mapping. 4. One -hundred percent (100%) cumulative of the total contract amount shall be paid at submission and City approval of the final technical report & mapping. Contract Amount $24,990 Project Milestone Maximum % Maximum $ During preparation of the draft technical report and mapping 10% $2,500 Submission of the draft technical report & mapping 75% $18,743 Submission of the revised draft technical report & mapping. 90% $22,491 Submission of the final technical report & mapping. 100% $24,990 DUDEK III PACIFIOITE 230 IRVINE, CALIFORNIA 92618 T 949.450.2525 F 949 450.2626 August 8, 2008 William A. Ramsey, AICP Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano, California 92673 �t�ttt tt t Subject. Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dear Mr. Ramsey: Dudek is pleased to submit a proposal 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 of San Juan Capistrano (the City). Dudek can provide the requested professional biological consulting services to enhance the City's open space database in support of funding efforts through an open space bond initiative and grant application for Measure M. Dudek's proposal includes our understanding of the project, relevant experience of our professional staff, an efficient and comprehensive scope of work to accomplish the proposed tasks, a cost estimate, a schedule to complete each task, and Dudek's 2008 Standard Schedule of Charges. PROJECT UNDERSTANDING The City is in the process of re-evaluating their open space preservation effort. The City has identified the need to update the existing vegetation community database generated during the development of two Orange County Natural Community Conservation Program (NCCP) subregional efforts. The City would also like to obtain invasive plant species and sensitive plant and wildlife species distribution information. The area of investigation includes approximately 2,473 acres of undeveloped land within the City's boundaries, and natural habitat within 0.25 - mile of the City boundaries ("the study area"). The habitat mapping will provide the City with a baseline from which general open space acquisition and management decisions can be made. Dudek understands that the City will be responsible for research and acquisition of access permission from private property owners. WV4 VDUDEK.COM Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Two levels of mapping are desired: planning -level and site-specific. Both mapping efforts are intended to (1) provide the City with adequate baseline information for making general decisions on open space acquisition and management on a City-wide basis, and (2) help determine future needs for more detailed, site-specific and/or project -related habitat delineations. Mapping in the Northwest area is intended to provide an added level of specificity to the database to support planning efforts. Planning-lovel Mapping The planning -level mapping effort will encompass the entire study area and will be based primarily on interpretation of recent aerial photographs. The analysis will be supplemented by mapping previously conducted for the Central -Coastal Subregion and Southern Subregion NCCP efforts. The City will provide color, ortho-rectified aerial photographs at six-inch pixel resolution and other geographic data contained within the City's GIS base map. Vegetation community mapping will be delineated to "habitat subtype" using the Orange County Land Cover/Habitat Classification System (OCHCS),t as defined below under Existing Vegetation Community Data and Mapping Classification System and Proposed Vegetation Community Data and Mapping Classification System. Limited field verification of vegetation communities, invasive plant species, and sensitive plant and wildlife distribution mapped via interpretation of aerial photographs and previously mapped data will be performed at the planning -level effort. SlWspecific Mapping The site-specific mapping effort will encompass the northwestern portion of the City ("Northwest Area") defined as the confluence of Arroyo Trabuco Creek and Oso Creek and extending northward along the west side of Interstate S. Arroyo Trabuco Creek east of I-3 is also in the Northwest Area. The site-specific mapping effort will be based on field verification of the planning -level mapping (aerial photograph interpretation) and private property owner access authorization. Vegetation community mapping during this phase will be delineated to "habitat association" using the Orange County Land Cover/Habitat Classification System (OCHCS). Extensive field verification of vegetation communities, invasive plant species, and sensitive plant and wildlife distribution mapped via interpretation of aerial photographs and previously mapped data will be performed at the site-specific level. ' Gray, J. and D. Bramlet. 1992. Habitat Classification System Natural Resources Geographic Information System (GIS) Project. Prepared for the Orange County Environmental Management Agency, D U D E K 208000-30010 2 Auguts 9, 2008 Mr. William A. Ramsey, A* • Subject. Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Existing Vegetation Community Data and Mapping Classification System The remaining undeveloped, open space land of the City occurs within portions of two NCCP subregions: the Central -Coastal Subregion and Southern Subregion. The existing vegetation community database for both subregions was created circa 1992 by Dames and Moore based primarily on color aerial photo -interpretation and used the Orange County Land Cover/Habitat Classification System (OCHCS). Later in 1992-1993, Jones and Stokes Associates, Inc. updated selected County -owned regional parks and open space, landfills, and the National Audubon Starr Ranch Sanctuary, Crystal Cove State Park, and the City of Laguna Beach open space .2 The hierarchical system differentiated vegetation communities and land covers into habitat "types," each of which contain several habitat "subtypes." Additionally, habitat subtypes within the scrub habitats, chaparral habitats, and cliff and rock habitats contain more descriptive habitat "associations." The following provides an example of the hierarchy of the OCHCS for coastal scrub. 2.0 Scrub (habitat type) 2.3 Venturan-Diegan transitional coastal sage scrub (habitat subtype) 2.3.1 California sagebrush -California buckwheat scrub (habitat association) The existing NCCP vegetation database includes mapping at the association level where communities were identified by the OCHCS. Proposed Vegetation Community Data and Mapping Classification System In 2003, the California Department of Fish and Game (CDFG) published the California Terrestrial Natural Communities Recognized by the CNDDB (CDFG system), which in a similar manner classifies communities into four categories from more general to more specific., It is based on the classification system in Preliminary Descriptions of the Terrestrial Natural : Jones & Stokes Associates, Inc. 1993. Methods used to survey the vegetation of Orange County parks and open space areas and The Irvine Company property. February 10, 1993. (JSA 92-032.) Sacramento, CA. Prepared for County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, CA. 3 California Department of Fish and Game. 2003. California Terrestrial Natural Communities Recognized by the CNDDB. California Department of Fish and Game, Wildlife Habitat Data Analysis Branch. Vegetation Classification and Mapping Program. http://www.dfg.ca.gov/whdahtpdfs/natcomlist.pdf. D U D E K 2080.30010 3 Auguts 8, 2008 Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Communities of California ("Holland"), and A Manual of California Vegetation ("Sawyer and Keeler -Wolf') 4,5 The CDFG system was designed to apply a uniform hierarchical structure to the State's vegetation types and follows quantifiable classification rules that define major floristic groups called alliances and associations in the National Vegetation Classification 6 The following provides an example of the hierarchy of this classification for coastal scrub that would be equivalent in the OCHCS. 30.000.00 Scrub and Chaparral (general physionomic and physical location) 32.000.00 Coastal scrub (general habitat) 32.010.00 California sagebrush -California buckwheat scrub (floristic alliance) 32.110.02 California sagebrush -California buckwheat -white sage (association) General habitats under the CDFG system typically map to the habitat types of the OCHCS. The floristic alliance level of the CDFG system generally maps to the habitat subtype of OCHCS. The association level of the CDFG system generally maps to the habitat association level of the OCHCS. During preparation of the Draft Southern Subregion NCCP/MSAA/HCP, the vegetation map was modified on and ad hoc basis by Dudek in response to changing biological conditions within the plan area, primarily where grading for various large-scale developments had already removed vegetation (e.g., L.adera Ranch, Talega).7 Dudek made revisions to the database in 2001, 2004, and 2003. Most recently, Dudek updated the vegetation community database based on the OCHCS in 2007-2008 for the entire Southern Subregion Habitat Reserve. Sawyer, J.O. and Keeler -Wolf, T. 1995. A Manual of California Vegetation. Sacramento, California: California Native Plant Society. 471 pp. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Sacramento, California: California Department of Fish and Game. 156 pp. 6 Grossman D.H., Faber-Langendoen D., Weakley A.S., Anderson M., Bourgeron P., Crawford R., Goodin K., Landaal S., Metzler K.. Patterson K.D., Pyne M., Reid M., and Sneddon L. 1998. International classification of ecological communities: terrestrial vegetation of the United States. Volume I, The National Vegetation Classification System: development, status, and applications. The Nature Conservancy: Arlington, VA. County of Orange and U.S. Fish and Wildlife Service. 2006 (July). Southern Orange County Natural Community Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan (Southern NCCP/MSAA/HCP). Part I: Draft Southern NCCP/MSAA/HCP; Part III: Draft Implementation Agreement, and Part V: Technical Appendices. D U D E K 20e000-30010 4 Auguts e, 2" Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek proposes to retain the OCHCS (Gray and Bramlet 1992) due to its comprehensive and complete handling of vegetation communities within the study area. Vegetation communities would be mapped at the subtype level, where there is not a defined association (e.g., 3.3 Chamise chaparral, 7.8 Southern cottonwood -Willow riparian forest, etc.) and at the association level (e.g., 2.3.1 California sagebrush -California buckwheat scrub, 3.1.1 Chamise-Sagebrush), where there is a defined association and the mapping was appropriate for the purpose of creating a baseline database. Dudek will provide a cross -walk between the OCHCS and the CDFG vegetation community systems to ensure that riparian and non -upland areas are delineated using "Holland vegetation classes," as detailed in the RFP's Proposal Guidelines. Dudek understands that this scope of work entails vegetation community mapping, invasive plant species mapping, and sensitive plant and wildlife species at two scales: planning -level through aerial interpretation and data gathering through published documents; and site-specific through field verification within the Northwest Area and spot checking in other City-wide open space areas. Dudek will present the results of this investigation as a series of maps, one for each area of investigation, and a technical report. Focused surveys for federal, state, or locally sensitive plant or wildlife species is not included in this scope of work. However, the need for such surveys will be identified and documented for future consideration. Dudek will accomplish this scope's tasks by working closely with the City to develop a foundation of biological resource information to assist with open space planning efforts. RELEVANT PROJECT EXPERIENCE Dudek has assembled a highly -qualified project team that has extensive experience working in Orange county, expert knowledge of aquatic and upland vegetation communities, and intimate knowledge of designing and implementing large-scale habitat conservation planning efforts. Dudek has been involved with habitat management and conservation planning efforts throughout southern California for over 18 years. Dudek understands the importance of developing these plans based on reliable biological data. A brief list of our relevant project experience follows. • Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan Joint EIRIEIS — Dudek was the primary conservation planning and environmental consultant for an NCCP/HCP and Joint EM/EIS for the 130,000 -acre Southern Subregion NCCP/HCP in southern Orange County. Dudek completed a variety of GIS analyses based on a biological data base assembled by the County of Orange and augmented by Dudek biologists, including preparation and analysis of vegetation communities, sensitive species accounts, and a variety of alternative reserve design scenarios. D U D E K 208000.30010 5 Auguts 8, 2006 Mr. William A. Ramsey, A • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species • Southern Subregion Habitat Reserve Vegetation Mapping — Dudek conducted vegetation mapping for approximately 32,818 acres of land within the Habitat Reserve established for the Southern Subregion NCCP/HCP. Dudek conducted the mapping in accordance with the OCHCS (Gray and Bramlet 1992). Vegetation mapping included a combination of photo -interpretation and field -checking for accuracy. Dudek submitted to the Rancho Mission Viejo Land Trust Reserve Manager a final vegetation map in hardcopy, Adobe portable document format (pdf), and digital GIS format; and a technical report including the description of OCHCS, including the crosswalk to the CDFG system, and mapping methods and results, including vegetation community descriptions, acreages of the mapped vegetation communities, and statistical analysis of the validation data, including confidence intervals for the accuracy of various vegetation mapping units at type, subtype and association level. The field manual, completed data forms, and other pertinent information necessary to replicate the vegetation mapping in future efforts were provided as appendices to the report. • Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) — The Western Riverside MSHCP involved planning sensitive species needs over a 1.26 million acre study area. Dudek was responsible for MSHCP preparation including database assembly, visioning/alternatives development, plan preparation/environmental documentation, plan processing, and various meetings and hearings. The MSHCP was approved by the County Board of Supervisors on June 17, 2003 and is criterion -based covering 146 species — the nation's largest NCCP plan. Dudek was a key team member during the initial Riverside County Integrated Plan (RCIP) visioning processing, which involved extensive participation in community outreach efforts including unincorporated areas in 14 cities. • Ferber Ranch — The Ferber Ranch Project consists of a proposed residential development on 1,110 acres of undeveloped land in an unincorporated portion of Orange County. Ferber Ranch is located within the Orange County Southern Subregion NCCP/HCP. Dudek provided project -specific biological data, regional planning support, wetlands and Endangered Species Act permitting assistance, and urban forestry support services, including oak tree assessment and fire management plans. Dudek is responsible for assembling the biological database for this project to assist the client in site planning. We conducted the vegetation mapping using the Orange County Land Cover/Habitat Classification System (OCHCS). Vegetation communities and species locations were mapped in the field and then digitized by Dudek GIS technicians using ArcGIS software. • Newhall Ranch Biological Surveys — Dudek conducted vegetation mapping for approximately 17,000 acres of land within the Newhall Ranch Specific Plan Area and several adjacent project sites. Dudek conducted the mapping in accordance with the D U D E K 208000.30010 6 Auguts 8, 2008 Mr. William A. Ramsey, A • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species CDFG's vegetation classification and mapping program, List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. During the vegetation mapping, Dudek biologists and restoration specialists evaluated the property for potential mitigation opportunities for sensitive plant and wildlife species, oak trees, sage scrub, native grasslands, and wetlands. Dudek prepared a biological resources technical report describing the survey methods and results, including a description of the different vegetation communities encountered on site, as well as potentially occurring and observed sensitive plant and wildlife species, and a discussion of regional connectivity. Dudek also included a discussion of potential mitigation opportunities and limitations. • Arroyo Trabuco Golf Course — Dudek designed and prepared a habitat mitigation plan associated with the implementation of In 18 -hole championship golf course plan that impacted 11.7 acres of coastal sage scrub (CSS) occupied by three pairs of the federally - listed threatened coastal California gnatcatcher (Polioptila californica californica) and 24.3 acres of Valley needlegrass grassland (VGL). The restoration project resulted in the creation of 4.0 acres of CSS, creation of 13.3 acres of VGL, and enhancement of 4.9 acres of VGL in 2003-04. The revegetation program was designed to create CSS and VGL habitat suitable for use and occupation by a variety of plant and wildlife species. The replacement CSS habitat now provides cover, forage, and nest sites for California gnatcatcher and other potential resident avian species. • Arroyo Trabuco Wetlands Mitigation Project (Lower Rosan Ranch) — Dudek prepared a conceptual mitigation plan and coordinated with the resource agencies in order to obtain the necessary resource agency permits for a wetlands mitigation project associated with the Lower Rosan Ranch site material stockpiling activities. Located in the City of San Juan Capistrano, west of Interstate S, within Arroyo Trabuco Creek and its flood plain, the mitigation project was designed to restore 9.72 acres of riparian wetlands habitat that was heavily infested with giant reed (Arundo donax), gum trees (Eucalyptus spp.), poison hemlock (Conium maculata), and several other non-native invasive species. Once the permits were acquired, Dudek prepared construction plans and specifications that included weed eradication, irrigation, planting, seeding and erosion control plans. Dudek also performed construction monitoring and long-term biological monitoring over a five- year period. Monitoring data was analyzed and compared against performance criteria contained within the Final Mitigation and Monitoring Plan that was negotiated by Dudek on behalf of the City and approved by the resource agencies. D U D E K 20ewo-30010 7 Auguts 9, 2008 Mr. William A. Ramsey, A • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species SCOPE OF WORK This section describes the tasks that Dudek will perform to accomplish the requested scope of work. This section includes a list of deliverables that Dudek will submit to the City at the end of each major task. Task 1: Project Initiation and Literature/Data Review Dudek will review available mapping resources provided by the City and attend a project orientation/kick-off meeting with City staff. The purpose of the orientation/kick-off meeting is to establish lines of communication, discuss expectations of the scope of work, and receive additional project information. We will confirm our understanding of the project and discuss the overall approach to assist the City with their open space planning efforts. Following the orientation meeting and receipt of additional information, Dudek will review all available relevant literature and data provided by the City on vegetation communities, sensitive habitats, and species distribution to determine those resources that have the potential for occurrence within the study area. All appropriate and available biological documentation, surveys, published research and maps will be compiled, reviewed and analyzed. At a minimum, such documentation will include the listing packages for each endangered and threatened species and California Natural Diversity Data Base (CNDDB) information regarding sensitive species and habitats known to occur in the region. Additional information sources consulted may include scientific journal articles, and historic and current aerial photographs, as appropriate. Task Z: Conduct Planning -Level Mapping Dudek will conduct a general biological resources evaluation of the entire study area, including the Northwest Area, to generate baseline biological resources maps for vegetation communities, invasive plant species distribution, and sensitive plant and wildlife species distribution. Vegetation communities will be mapped to habitat subtypes as defined by the OCHCS. All mapping will be done via aerial interpretation and directly onto 1:6,000 -scale (1 inch - 500 feet) true -color aerial photographic base at six-inch resolution. Based on recent vegetation mapping efforts for the Southern Subregion Habitat Reserve, Dudek anticipates conducting limited field visits to accurately distinguish the various habitat subtypes from aerial photographs. The vegetation communities will be scanned and digitized into a Geographical Information System (GIS) format using ArcGIS software and compiled for a Vegetation Community Mao. During the limited vegetation community field verification, Dudek will document areas where invasive plant species identified in the California Invasive Plant Council (Cal -IPC) for the State of California -Southwest floristic province occur. Focal species include artichoke thistle (Cynara D U D E K 208000-30010 8 Auguts 8, 2008 Mr. William A. Ramsey, A • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species cardunculus), black mustard (Brassica nigra), fennel (Foeniculum vulgare), hemlock (Conium maculatum), and tree tobacco (Nicotiana glauca). Dudek understands that other efforts being implemented at the County -wide, inter jurisdictional level have identified and addressing giant reed (Arundo donax) infestation within the study area. Therefore, giant reed will not be mapped as part of this scope of work. Following the mapping effort, invasive species locations will be recorded, digitized into a GIS format, and compiled for an Invasive Species Man. Dudek biologists will determine the potential for sensitive species to occur within the study area. Previous documented occurrences of sensitive biological resources from the Orange County NCCP efforts and the CNDDB will be compiled. Observable sensitive resources including perennial plants and conspicuous wildlife (i.e., birds and some reptiles) with special status or commonly accepted as regionally sensitive by the CLAPS, CDFG, and U.S. Fish and Wildlife Service (USFWS) will be recorded, digitized into a GIS format, and compiled fora Sensitive Species Man. Task 3: Conduct Site -Specific Mapping Dudek will conduct field surveys within the Northwest Area to generate a more detailed analysis of the biological resources present within this portion of the City. Field verification of the vegetation communities identified during the planning -level mapping (aerial interpretation) will be classified to more specific habitat associations as described by OCHCS. This classification system is generally more useful for Orange County as some relatively common habitat subtypes do not appear in other classification systems. All mapping will be done in the field directly onto 1:6,000 -scale (1 inch = 300 feet) aerial photographic base. Based on recent vegetation mapping efforts for the Southern Subregion Habitat Reserve, Dudek anticipates conducting 100°% field verification to accurately distinguish the more difficult scrub and chaparral at the habitat association level, and exotic mapping within riparian corridors associated withy Arroyo Trabuco Creek. Where feasible and appropriate, vegetation boundaries will be delineated using a Global Positioning System (GPS) and later downloaded into ArcGIS. Following the mapping effort, the boundaries of each habitat association will be scanned and digitized into the project -specific GIS database using ArcGIS software, and incorporated into the Vegetation Community Mao. During the site-specific vegetation community mapping, Dudek will document invasive plant species within the Northwest Area noting populations of individual species of concern by Cal - WC. Focal species include those listed above for the planning -level mapping effort. Following the mapping effort, invasive plant species locations will be digitized into GIS format and incorporated into the Invasive Species Mao. D U D E K 208000-300+0 9 Auguts 9. 2008 Mr. William A. Ramsey, A • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek will also identify sensitive plant communities and/or potential habitat for any sensitive species, endangered, threatened, or otherwise, within the Northwest Area. Although no focused surveys will be performed, Dudek will identify the potential for sensitive species to occur based on the habitat present. Observable sensitive resources with special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and USFWS will be recorded, digitized into a GIS format, and incorporated into the Sensitive Species Man. Task 4: Prepare Maps and Technical Report Upon completion of the above tasks, Dudek will prepare drafts of the Vegetation Community Map, Invasive Species Map, and Sensitive Species Map. A technical report will be prepared to accompany the map products. The report will include a description of the mapping project, description of the mapping system and survey methodology (including a crosswalk to the CDFG system), and summary and acreage tabulation of the mapped vegetation communities. The report will also include a list of resources used to map the vegetation communities, and brief discussions of project's mapping limitations and appropriate uses of the mapping products. DNiwrables • Two (2) draft hard copies and electronic versions of the Vegetation Community Map, Invasive Species Map, Sensitive Species Map, and Technical Report • Two (2) final hard copies and electronic versions of the Vegetation Community Map, Invasive Species Map, Sensitive Species Map, digital shape files used to assemble each map, and Technical Report Optional Task 5: Additional Project Meetings In addition to the orientation/kick-off meeting with City staff, Dudek will be available to attend a project status meeting. The project status meeting may be determined necessary by the City to discuss and resolve any mapping -related issues during the course of the habitat mapping effort. Additionally, Dudek would be available to attend meetings with the City's Open Space Committee, Planning Commission, and City Council, as requested by the City. Meeting preparation and attendance would be billed on a time and materials basis according to Dudek's 2008 Standard Schedule of Charges. D U D E K 208000-3ooi0 10 Au,n 8, zoos Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species STAFFING Dudek's environmental staff is located in Irvine, Encinitas, Santa Barbara, and Santa Clarita. Work under this contract is primarily anticipated to be performed from our Irvine office; however, with our state-of-the-art communications capabilities, we are able to easily perform and share work among multiple offices, particularly GIS tasks. Dudek's project team will be lead by Mr. Ryan Henry. Mr. Henry has over 11 years' experience in field biology, vegetation mapping, aquatic resource investigations, and study design. As Project Manager, Mr. Henry will serve as the primary point of contact for the City and will be responsible for coordination, product quality assurance, and meeting project deadlines. Mr. Henry has assembled a project team that includes biologists from the 32,818 -acre Southern Subregion Habitat Reserve Vegetation Mapping Project, which included Ms. Britney Strittmater; Ms. Karen Mullen, PhD.; and Mr. Phil Behrends, PhD. Ms. Strittmater and Dr. Mullen each have over three years professional experience as multi -disciplinary team members investigating landscape, vegetation, vertebrate, and invertebrate ecology utilizing GPS and GIS technology. Britney and Karen will he responsible for conducting vegetation, invasive species, and sensitive species mapping within the study area. Dr. Phil Behrends has over 28 years of combined experience as a consultant and scientist in the private and public sector. His knowledge encompasses wildlife biology, terrestrial ecology, and field investigations of behavioral and social ecology of vertebrates. Phil will be responsible for peer review of the study design, mapping products, and the technical report. Table 1 summarizes the anticipated level of effort associated with the various tasks described above under Scope of Work. Table 1 Estimated Staffing D U D E K 208000-3W+0 11 Augub 8. 2M Mr. William A. Ramsey, Ale • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek is fully committed to providing our full suite of firm equipment, infrastructure, and expertise to meet the needs of the City for this project. The combined resources of four-wheel drive trucks, GPS, and wireless telecommunication equipment, computers, GIS workstations, and plotters assures the City that we can be responsive and efficient. COST ESTIMATE Table 2 summarizes costs associated with the various tasks described above under Scope of Work. This section also includes project assumptions. This proposal is valid for 90 days from the proposal date. Table 2 Estimated Cost PTasEkl Projset Initiation and iiterat Uft RVR ieierr $1,410 Task 2 Conduct Plane' $7,880 Task 3 Cm duct Si*Spaeific MWN $8,000 Task 4 Prepare Maps and TWMical ROW $7,280 Sutaoal $24,3!0 Direct Cosa* Addlional Project M"&W $840 Tett uirsct cosy inatwe costs to reprooucam, aavei, aelivery (induding certified mal), and digital scarring fess. Proj*ct Assumptions e The City will be responsible for providing Dudek with the following: o Letter of Authorization to access the study area and specific private property access authorization. o All available environmental, planning, biological documentation relating to the biological resources within the study area. o Digital data (AutoCAD/GIS format): ■ Study area boundaries e Developed/Undeveloped boundaries within the City D U D E K 208000-30010 12 Auputs 9, 2008 Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Topography ■ Aerial photography. Dudek will reproduce the number of document copies as specified above. Additional copies can be provided on a time -and -materials basis, with prior written authorization from the City. The following tasks are not included in this scope of work: focused sensitive species survey efforts, formal jurisdictional delineation of aquatic resources, and report revisions due to study area changes or additional requirements not anticipated in this proposal. If desired, these additional services can be performed and charged on a time -and -materials basis beyond the fee indicated. SCHEDULE Dudek is prepared to begin work immediately upon receipt of the Notice to Proceed. We have the staff immediately available to commit to this project. For illustration purposes, we have assumed a project kickoff date of August 1, 2008. Dudek commits to meeting the schedule outlined in Table 3, provided that project information and product review turnaround times meet the schedule milestones. Table 3 Proposed Schedule Dudek anticipates attending the City orientation meeting within one week of contract execution and City's issuance of the Notice to Proceed. Within six weeks of project orientation meeting, Dudek will provide the City with a draft of the technical report and mapping products. The City will review the deliverables and provides comments. Final map production and technical report will occur within two weeks following receipt of the City's review comments on the draft product. D U D E K 20WOO.30010 13 Auguts 8, 2008 Mr. William A. Ramsey, A* • Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Thank you for your consideration of our proposal. We look forward to presenting our well- qualified team and to working with you on this important project. If you have any questions, please feel free to contact me at 949.450.7991 or via e-mail at rhenry@dudek.com. Sincerely, Ryan eery Project Manager/Biologist Att: Dudek's 2008 Schedule of Charges cc: Michael Sweesy, Dudek DUDEK 20SOOD-30010 14 Auguts 8, 2008 • DUDEK • 2008 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ...........................................$205.00/hr $210.00/hr ROW Project Manager................................$140.00/hr Program Manager .......................................$190.00/hr ROW Senior Engineer.................................$125.00/hr $150.00/hr Principal Engineer II ....................................$180.00/hr $85.00/hr ROW Technician .........................................$105.00/hr Principal Engineer I.....................................$170.00/hr ROW Research Analyst................................$75.00/hr $125.00/hr Senior Project Manager...............................$160.00/hr $80.00/hr Environmental Specialist/Planner 1..............$100.00/hr Project Manager..........................................$145.00/hr Analyst..........................................................$85.00/hr $40.00/hr Resident Engineer.......................................$135.00/hr $55.00/hr Construction Inspector I..............................$100.00/hr Senior Engineer 11........................................$135.00/hr CADD Technician ............................................. $70.00/hr Senior Engineer I........................................$125.00/hr Associate Engineer....................................$115.00/hr Project Engineer IV .....................................$110.00/hr Project Engineer III......................................$100.00/hr Project Engineer II.........................................$95.00/hr Project Engineer I..........................................$85.00/hr Field Engineer II..........................................$110.00/hr Field Engineer I ...........................................$100.00/hr Engineering Assistant....................................$75.00/hr Right -of -Way Management Services Principal ROW Manager..............................$170.00/hr $210.00/hr ROW Project Manager................................$140.00/hr $160.00/hr ROW Senior Engineer.................................$125.00/hr $150.00/hr ROW Engineer............................................$115.00/hr $85.00/hr ROW Technician .........................................$105.00/hr $95.00/hr ROW Research Analyst................................$75.00/hr $125.00/hr Environmental Services Principal...................................................... $210.00/hr Senior Project Manager/Specialist ..............$195.00/hr $160.00/hr Environmental Specialist/Planner VI ...........$170.00/hr $150.00/hr Environmental Specialist/Planner V ............$150.00/hr $85.00/hr Environmental Specialist/Planner IV ...........$135.001hr $95.00/hr Environmental Specialist/Planner III ............ $125.00/hr Environmental Specialist/Planner 11.............$110.00/hr $80.00/hr Environmental Specialist/Planner 1..............$100.00/hr $55.00/hr Analyst..........................................................$85.00/hr $40.00/hr Planning Research Assistant ........................$70.00/hr $55.00/hr Construction Management Services Principal/Manager....................................... $195.00/hr Senior Construction Manager .....................$180.00/hr $160.00/hr Senior Project Manager...............................$160.00/hr $150.00/hr Construction Manager.................................$150.00/hr $85.00/hr Project Manager..........................................$140.00/hr $95.00/hr Resident Engineer.....................................$135.00/hr $100.00/hr Construction Engineer.................................$130.00/hr $80.00/hr On-site Owner's Representative .................$105.00/hr $55.00/hr Construction Inspector III ............................$120.00/hr $40.00/hr Construction Inspector II .............................$110.00/hr $55.00/hr Construction Inspector I..............................$100.00/hr $85.00/h r Hydrogeological Services Principal...................................................... $205.00/hr Practice Manager........................................$185.00/hr $160.00/hr Sr. Environmental Engineer........................$185.00/hr $150.00/hr Sr. Hydrogeologist/Sr. Proj Mgr ...................$165.00/hr $85.00/hr Project Manager..........................................$150.00/hr $95.00/hr Associate Hydrogeologist/Engineer ............$135.00/hr $100.00/hr Hydrogeologist IV/Engineer IV ....................$120.00/hr $80.00/hr Hydrogeologist III/Engineer III .....................$110.00/hr $55.00/hr Hydrogeologist II/Engineer II.......................$100.00/hr $40.00/hr Hydrogeologist I/Engineer I ...........................$90.00/hr $55.00/hr Technician..................................................... $85.00/h r District Management & Operations District General Manager ............................... $175.00/hr District Engineer ............................................. $160.00/hr Operations Manager ...................................... $150.00/hr District Secretary/Accountant .......................... $85.00/hr Collections System Marl ...................... $95.00/hr Grade V Operator ........................................... $100.00/hr Grade III Operator ............................................ $80.00/hr Grade 1 Operator .............................................. $55.00/hr Operator in Training ......................................... $40.00/hr Collection Maintenance Worker II .................... $55.00/hr Collection Maintenance Worker I ..................... $40.00/hr Office Services Technicaf/Drafting/CADD Services 3D Graphic Artist ............................................ $140.00/hr Senior Designer ............................................. $120.00/hr Designer......................................................... $105.00/hr Assistant Designer ........................................... $85.00/hr GIS Specialist IV ............................................ $135.00/hr GIS Specialist III ............................................. $120.00/hr GIS Specialist II .............................................. $110.00/hr GIS Specialist I ............................................... $100.00/hr CADD Operator II ............................................. $95.00/hr CADD Operator I .............................................. $85.00/hr CADD Drafter ................................................... $80.00/hr CADD Technician ............................................. $70.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor ........................... $160.00/hr 3 -Person Survey Crew ................................... $235.00/hr 2 -Person Survey Crew ................................... $205.00/hr 1 -Person Survey Crew ................................... $110.00/hr Survey Analyst ............................................... $110.00/hr Asst. Survey Analyst/CADD Mapper ................ $80.00/hr Support Services Technical Editor III .......................................... $130.00/hr Technical Editor 11 ........................................... $110.001hr Technical Editor I .............................................. $90.00/hr Publications Assistant III ................................... $90.00/hr Publications Assistant II .................................... $80.00/hr Publications Assistant I ..................................... $70.00/hr Clerical Administration.. .................................... $70.00/hr i6nrWt e0fWAK N- Court appearances, depositions, and interrogatories as expert witness will be bitted at 2.00 times normal rates. y nN rbe4i- Minimum charge of two hours will be billed at 1.75 times the normal rate. 1111121111 aM OWNN lMvkN- 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. Trwol fa/M4se - Mileage at 50.5 cents per mile. Per diem where overnight stay is involved is charged at cost Involi LAW Cerille - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. DUDEK Effective January 1, 2008 3'400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjuancapzstrano. org TRANSMITTAL TO: Ryan Henry Dudek 111 Pacifica, Suite 230 Irvine, CA 92618 DATE: September 2, 2008 d«ar, � fSllll1f1f1 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CRY COUNCIL RE: Personal Services Agreement — Open Space Master Plan Habitat Mapping SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOESOTO DR. LONDRES USO Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact me at (949)443-6309. If you have questions concerning the agreement, please contact William Ramsey, Principal Planner (949) 443-6334. An original amendment agreement is enclosed for your records. Cc: /William Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future " Pnptetl on 100% recycled paper 0 AGENDA REPORT TO: Dave Adams, City Manager Q0_ • 8/19/2008 FROM: Steven Apple, AICP, Community Development Director K � SUBJECT: Consideration of Award of Contract for the Preparation of Habitat, Invasive Plant Species, and Sensitive Wildlife Species Mapping for the Open Space Master Plan Process (Dudek Engineering & Environmental). RECOMMENDATION: By motion: authorize the City Manager to execute a contract with Dudek Engineering & Environmental for the preparation of the habitat, invasive plant species, and sensitive wildlife species mapping for the Open Space Master Plan in the amount of $24,990. SITUATION The City has determined the need to retain consulting services for the preparation of habitat, invasive plant species, and sensitive wildlife species mapping for the City's undeveloped lands. The mapping effort will provide the City with important information to develop land use management plans for existing and future public open space lands. Summary and Recommendation: The City issued and Request for Proposals (RFP) for the required work on July 11 and received four proposals. After reviewing and evaluating the proposals, staff concludes that the Dudek Engineering & Environmental proposal most closely meets the City's work requirements. Backsaround The City is presently in the process of a major open space planning effort including open space acquisition, a proposed open space bond initiative scheduled for the November 4 election, and the preparation of a grant application for Measure M environmental mitigation funding. • Last February, the City entered into a purchase agreement with J.F. Shea Company to purchase 109 acres in the northwest area for $2.1 million. • On Monday, July 7, the City's Open Space Committee, an ad-hoc committee appointed by the City Council, recommended that the City Council proceed with Agenda Report • • Page 2 August 19. 2008 consideration of an open space bond measure to acquire additional open space lands. On August 5, the City Council placed the "Open Space, Natural Areas, and Clean Water Protection and Preservation Measure" on the November 4 ballot. As part of the Measure "M" program, Orange County Transportation Authority (OCTA) has allocated $243.5 million for to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program and $237.2 million has been allocated for a competitive grant process to assist local agencies. In conjunction with the open space planning process, the City determined the need to prepare both planning -level mapping and site-specific mapping of natural habitat (vegetation), invasive plant species, and sensitive wildlife species within undeveloped, open space areas of the City. The City prepared Request for Proposals (RFP) guidelines which explained in detail the City's requirements, schedule, deliverables, and the relevant geographic area. The City sent the RFP to Bonterra Inc.; Dudek Engineering & Environmental; and Helix EnvironmentE result of a comprehensive evaluation of the submitted proposals, the Dudek Engineering & Environmental was the superior propos met the City's requirements. Copies of all four proposals are on review at the Community Development Department. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: No other Commission or board review is required. FINANCIAL CONSIDERATIONS: Consulting; Dendra, I Planning, Inc. As a ;tall determined that al and most closely ile and available for The preparation of the habitat mapping will be funded through the City's current budget allocation for the Open Space Master Plan. NOTIFICATION: The Open Space Committee will be informed of staffs recommendation to award the mapping contract to Dudek Engineering & Environmental. Agenda Report • • Page 3 August 19 2008 RECOMMENDATION: By motion: authorize the City Manager to execute a contract with Dudek Engineering & Environmental for the preparation of the habitat, invasive plant species, and sensitive wildlife species mapping for the Open Space Master Plan in the amount of $24,990. Respectfully submitted, A. Steven Apple, AICP Community Development Director Prepared by: William A. Ramsey, AICP Principal Planner Attachment: Personal Services Agreement with Dudek Engineering & Environmental. 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Dudek Engineering & Environmental (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare environmental documentation and to manage the environmental review process consistent with the City's "Local Guidelines for Implementing the California Environmental Quality Act" and the California Environmental Quality Act (CEQA) regarding preparation of habitat, invasive plant species, and sensitive wildlife species mapping for the City of San Juan Capistrano; 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 City 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. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed twenty- four thousand, nine -hundred and ninety dollars and no cents ($24,990.00) as set forth in Exhibit "B," attached and incorporated herein by reference. 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 Personal Services Agreement Habitat Mapping CEQA Consulting Services page 1 of 7 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for 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 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 extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 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. 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 Personal Services Agreement Habitat Mapping CEQA Consulting Services page 2 of 7 0 0 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. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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. 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, Personal Services Agreement Habitat Mapping CEQA Consulting Services page 3 of 7 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 Admitted Insurers in good 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. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 4 of 7 0 0 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 insured parties for 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 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall not be required to maintain Errors and Omissions Coverage (professional liability coverage). 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 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 terminate 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 (10) 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 (10) day cure period. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 5 of 7 0 0 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: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William A. Ramsey, AICP, Principal Planner To Consultant: Dudek Engineering & Environmental 111 Pacifica, Suite 230 Irvine, CA 92618 Attn: Ryan Henry, Project Manager/Biologist 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. 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. Personal Services Agreement Habitat Mapping CEQA Consulting Services page 6 of 7 0 41 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO 0 Dave Adams, City Manager CONSULTANT 0 ATTEST: Meg Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Frank Dudek for Dudek Engineering & Environmental Personal Services Agreement Habitat Mapping CEQA Consulting Services page 7 of 7 DUDEK 1, 111' 4 UITF d Il c1Nl 1, ALIT (I KN A v211 pgS rl+9150262, August 8, 2008 William A. Ramsey, AICP Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 208000-30010 Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dear Mr. Ramsey: Dudek is pleased to submit a proposal 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 of San Juan Capistrano (the City). Dudek can provide the requested professional biological consulting services to enhance the City's open space database in support of funding efforts through an open space bond initiative and grant application for Measure M. Dudek's proposal includes our understanding of the project, relevant experience of our professional staff, an efficient and comprehensive scope of work to accomplish the proposed tasks, a cost estimate, a schedule to complete each task, and Dudek's 2008 Standard Schedule of Charges. PROJECT UNDERSTANDING The City is in the process of re-evaluating their open space preservation effort. The City has identified the need to update the existing vegetation community database generated during the development of two Orange County Natural Community Conservation Program (NCCP) subregional efforts. The City would also like to obtain invasive plant species and sensitive plant and wildlife species distribution information. The area of investigation includes approximately 2,475 acres of undeveloped land within the City's boundaries, and natural habitat within 0.25 - mile of the City boundaries ("the study area"). The habitat mapping will provide the City with a baseline from which general open space acquisition and management decisions can be made. Dudek understands that the City will be responsible for research and acquisition of access permission from private property owners. Mr. William A. Ramsey, AICD Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Two levels of mapping are desired: planning -level and site-specific. Both mapping efforts are intended to (1) provide the City with adequate baseline information for making general decisions on open space acquisition and management on a City-wide basis, and (2) help determine future needs for more detailed, site-specific and/or project -related habitat delineations. Mapping in the Northwest area is intended to provide an added level of specificity to the database to support planning efforts. Planning -level Mapping The planning -level mapping effort will encompass the entire study area and will be based primarily on interpretation of recent aerial photographs. The analysis will be supplemented by mapping previously conducted for the Central -Coastal Subregion and Southern Subregion NCCP efforts. The City will provide color, ortho-rectified aerial photographs at six-inch pixel resolution and other geographic data contained within the City's GIS base map. Vegetation community mapping will be delineated to "habitat subtype" using the Orange County Land Cover/Habitat Classification System (OCHCS),' as defined below under Existing Vegetation Community Data and Mapping Classification System and Proposed Vegetation Community Data and Mapping Classification System. Limited field verification of vegetation communities, invasive plant species, and sensitive plant and wildlife distribution mapped via interpretation of aerial photographs and previously mapped data will be performed at the planning -level effort. Site-specific Mapping The site-specific mapping effort will encompass the northwestern portion of the City ("Northwest Area") defined as the confluence of Arroyo Trabuco Creek and Oso Creek and extending northward along the west side of Interstate 5. Arroyo Trabuco Creek east of I-5 is also in the Northwest Area. The site-specific mapping effort will be based on field verification of the planning -level mapping (aerial photograph interpretation) and private property owner access authorization. Vegetation community mapping during this phase will be delineated to "habitat association" using the Orange County Land Cover/Habitat Classification System (OCHCS). Extensive field verification of vegetation communities, invasive plant species, and sensitive plant and wildlife distribution mapped via interpretation of aerial photographs and previously mapped data will be performed at the site-specific level. ' Gray, J. and D. Bramlet. 1992. Habitat Classification System Natural Resources Geographic Information System (CIS) Project. Prepared for the Orange County Environmental Management Agency. D U D E K 208000-30010 2 Auguts 8, 2008 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Existing Vegetation Community Data and Mapping Classification System The remaining undeveloped, open space land of the City occurs within portions of two NCCP subregions: the Central -Coastal Subregion and Southern Subregion. The existing vegetation community database for both subregions was created circa 1992 by Dames and Moore based primarily on color aerial photo -interpretation and used the Orange County Land Cover/Habitat Classification System (OCHCS). Later in 1992-1993, Jones and Stokes Associates, Inc. updated selected County -owned regional parks and open space, landfills, and the National Audubon Starr Ranch Sanctuary, Crystal Cove State Park, and the City of Laguna Beach open space.' The hierarchical system differentiated vegetation communities and land covers into habitat "types," each of which contain several habitat "subtypes." Additionally, habitat subtypes within the scrub habitats, chaparral habitats, and cliff and rock habitats contain more descriptive habitat "associations." The following provides an example of the hierarchy of the OCHCS for coastal scrub. 2.0 Scrub (habitat type) 2.3 Venturan-Diegan transitional coastal sage scrub (habitat subtype) 2.3.1 California sagebrush -California buckwheat scrub (habitat association) The existing NCCP vegetation database includes mapping at the association level where communities were identified by the OCHCS. Proposed Vegetation Community Data and Mapping Classification System In 2003, the California Department of Fish and Game (CDFG) published the California Terrestrial Natural Communities Recognized by the CNDDB (CDFG system), which in a similar manner classifies communities into four categories from more general to more specific., It is based on the classification system in Preliminary Descriptions of the Terrestrial Natural z Jones & Stokes Associates, Inc. 1993. Methods used to survey the vegetation of Orange County parks and open space areas and The Irvine Company property. February 10, 1993. (JSA 92-032.) Sacramento, CA. Prepared for County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, CA. 3 California Department of Fish and Game. 2003. California Terrestrial Natural Communities Recognized by the CNDDB. California Department of Fish and Game, Wildlife Habitat Data Analysis Branch. Vegetation Classification and Mapping Program. http://www.dfg.ca.gov/whdab/pdfs/natcomlist.pdf. D U D E K 208000-30010 3 Auguts 8, 2008 0 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Communities of California ("Holland"), and A Manual of California Vegetation ("Sawyer and Keeler-Wolf').4'5 The CDFG system was designed to apply a uniform hierarchical structure to the State's vegetation types and follows quantifiable classification rules that define major floristic groups called alliances and associations in the National Vegetation Classification.' The following provides an example of the hierarchy of this classification for coastal scrub that would be equivalent in the OCHCS. 30.000.00 Scrub and Chaparral (general physionomic and physical location) 32.000.00 Coastal scrub (general habitat) 32.010.00 California sagebrush -California buckwheat scrub (floristic alliance) 32.110.02 California sagebrush -California buckwheat -white sage (association) General habitats under the CDFG system typically map to the habitat types of the OCHCS. The floristic alliance level of the CDFG system generally maps to the habitat subtype of OCHCS. The association level of the CDFG system generally maps to the habitat association level of the OCHCS. During preparation of the Draft Southern Subregion NCCPIMSAA/HCP, the vegetation map was modified on and ad hoc basis by Dudek in response to changing biological conditions within the plan area, primarily where grading for various large-scale developments had already removed vegetation (e.g., Ladera Ranch, Talega).7 Dudek made revisions to the database in 2001, 2004, and 2005. Most recently, Dudek updated the vegetation community database based on the OCHCS in 2007-2008 for the entire Southern Subregion Habitat Reserve, 4 Sawyer, J.O. and Keeler -Wolf, T. 1995. A Manual of California Vegetation. Sacramento, California: California Native Plant Society. 471 pp. s Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Sacramento, California: California Department of Fish and Game. 156 pp. - e Grossman D.H., Faber-Langendoen D., Weakley A.S., Anderson M., Bourgeron P., Crawford R., Goodin K., Landaal S., Metzler K., Patterson K.D., Pyne M., Reid M., and Sneddon L. 1998. International classification of ecological communities: terrestrial vegetation of the United States. Volume I, The National Vegetation Classification System: development, status, and applications. The Nature Conservancy: Arlington, VA. ' County of Orange and U.S. Fish and Wildlife Service. 2006 (July). Southern Orange County Natural Community Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan (Southern NCCPIMSAAIHCP). Part L Draft Southern NCCPIMSAA/HCP; Part III: Draft Implementation Agreement, and Part V: Technical Appendices. D U D E K 208000-30010 4 Auguts 8, 2008 0 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek proposes to retain the OCHCS (Gray and Bramlet 1992) due to its comprehensive and complete handling of vegetation communities within the study area. Vegetation communities would be mapped at the subtype level, where there is not a defined association (e.g., 3.3 Chamise chaparral, 7.8 Southern cottonwood -Willow riparian forest, etc.) and at the association level (e.g., 2.3.1 California sagebrush -California buckwheat scrub, 3.1.1 Chamise-Sagebrush), where there is a defined association and the mapping was appropriate for the purpose of creating a baseline database. Dudek will provide a cross -walk between the OCHCS and the CDFG vegetation community systems to ensure that riparian and non -upland areas are delineated using "Holland vegetation classes," as detailed in the RFP's Proposal Guidelines. Dudek understands that this scope of work entails vegetation community mapping, invasive plant species mapping, and sensitive plant and wildlife species at two scales: planning -level through aerial interpretation and data gathering through published documents; and site-specific through field verification within the Northwest Area and spot checking in other City-wide open space areas. Dudek will present the results of this investigation as a series of maps, one for each area of investigation, and a technical report. Focused surveys for federal, state, or locally sensitive plant or wildlife species is not included in this scope of work. However, the need for such surveys will be identified and documented for future consideration. Dudek will accomplish this scope's tasks by working closely with the City to develop a foundation of biological resource information to assist with open space planning efforts. RELEVANT PROJECT EXPERIENCE Dudek has assembled a highly -qualified project team that has extensive experience working in Orange county, expert knowledge of aquatic and upland vegetation communities, and intimate knowledge of designing and implementing large-scale habitat conservation planning efforts. Dudek has been involved with habitat management and conservation planning efforts throughout southern California for over 18 years. Dudek understands the importance of developing these plans based on reliable biological data. A brief list of our relevant project experience follows. • Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan Joint EIR/EIS — Dudek was the primary conservation planning and environmental consultant for an NCCP/HCP and Joint EIR/EIS for the 130,000 -acre Southern Subregion NCCP/HCP in southern Orange County. Dudek completed a variety of GIS analyses based on a biological data base assembled by the County of Orange and augmented by Dudek biologists, including preparation and analysis of vegetation communities, sensitive species accounts, and a variety of alternative reserve design scenarios. D U D E K 208000-30010 5 Augurs 8, 2008 • C� Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species • Southern Subregion Habitat Reserve Vegetation Mapping — Dudek conducted vegetation mapping for approximately 32,818 acres of land within the Habitat Reserve established for the Southern Subregion NCCP/HCP. Dudek conducted the mapping in accordance with the OCHCS (Gray and Bramlet 1992). Vegetation mapping included a combination of photo -interpretation and field -checking for accuracy. Dudek submitted to the Rancho Mission Viejo Land Trust Reserve Manager a final vegetation map in hardcopy, Adobe portable document format (pdf), and digital GIS format; and a technical report including the description of OCHCS, including the crosswalk to the CDFG system, and mapping methods and results, including vegetation community descriptions, acreages of the mapped vegetation communities, and statistical analysis of the validation data, including confidence intervals for the accuracy of various vegetation mapping units at type, subtype and association level. The field manual, completed data forms, and other pertinent information necessary to replicate the vegetation mapping in future efforts were provided as appendices to the report. • Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) — The Western Riverside MSHCP involved planning sensitive species needs over a 1.26 million acre study area. Dudek was responsible for MSHCP preparation including database assembly, visioning/alternatives development, plan preparationtenvironmental documentation, plan processing, and various meetings and hearings. The MSHCP was approved by the County Board of Supervisors on June 17, 2003 and is criterion -based covering 146 species — the nation's largest NCCP plan. Dudek was a key team member during the initial Riverside County Integrated Plan (RCIP) visioning processing, which involved extensive participation in community outreach efforts including unincorporated areas in 14 cities. • Ferber Ranch — The Ferber Ranch Project consists of a proposed residential development on 1,110 acres of undeveloped land in an unincorporated portion of Orange County. Ferber Ranch is located within the Orange County Southern Subregion NCCP/HCP. Dudek provided project -specific biological data, regional planning support, wetlands and Endangered Species Act permitting assistance, and urban forestry support services, including oak tree assessment and fire management plans. Dudek is responsible for assembling the biological database for this project to assist the client in site planning. We conducted the vegetation mapping using the Orange County Land Cover/Habitat Classification System (OCHCS). Vegetation communities and species locations were mapped in the field and then digitized by Dudek GIS technicians using ArcGIS software. • Newhall Ranch Biological Surveys — Dudek conducted vegetation mapping for approximately 17,000 acres of land within the Newhall Ranch Specific Plan Area and several adjacent project sites. Dudek conducted the mapping in accordance with the D U D E K 208000-30010 6 Auguts 8, 2008 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species CDFG's vegetation classification and mapping program, List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. During the vegetation mapping, Dudek biologists and restoration specialists evaluated the property for potential mitigation opportunities for sensitive plant and wildlife species, oak trees, sage scrub, native grasslands, and wetlands. Dudek prepared a biological resources technical report describing the survey methods and results, including a description of the different vegetation communities encountered on site, as well as potentially occurring and observed sensitive plant and wildlife species, and a discussion of regional connectivity. Dudek also included a discussion of potential mitigation opportunities and limitations. • Arroyo Trabuco Golf Course — Dudek designed and prepared a habitat mitigation plan associated with the implementation of In 18 -hole championship golf course plan that impacted 11.7 acres of coastal sage scrub (CSS) occupied by three pairs of the federally - listed threatened coastal California gnatcatcher (Polioptila californica californica) and 24.5 acres of Valley needlegrass grassland (VGL). The restoration project resulted in the creation of 4.0 acres of CSS, creation of 13.3 acres of VGL, and enhancement of 4.9 acres of VGL in 2003-04. The revegetation program was designed to create CSS and VGL habitat suitable for use and occupation by a variety of plant and wildlife species. The replacement CSS habitat now provides cover, forage, and nest sites for California gnatcatcher and other potential resident avian species. • Arroyo Trabuco Wetlands Mitigation Project (Lower Rosan Ranch) — Dudek prepared a conceptual mitigation plan and coordinated with the resource agencies in order to obtain the necessary resource agency permits for a wetlands mitigation project associated with the Lower Rosan Ranch site material stockpiling activities. Located in the City of San Juan Capistrano, west of Interstate 5, within Arroyo Trabuco Creek and its flood plain, the mitigation project was designed to restore 9.72 acres of riparian wetlands habitat that was heavily infested with giant reed (Arundo donax), gum trees (Eucalyptus spp.), poison hemlock (Conium maculata), and several other non-native invasive species. Once the permits were acquired, Dudek prepared construction plans and specifications that included weed eradication, irrigation, planting, seeding and erosion control plans. Dudek also performed construction monitoring and long-term biological monitoring over a five- year period. Monitoring data was analyzed and compared against performance criteria contained within the Final Mitigation and Monitoring Plan that was negotiated by Dudek on behalf of the City and approved by the resource agencies. D U D E K 208000-00010 7 Auguts 8, 2008 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species SCOPE OF WORK This section describes the tasks that Dudek will perform to accomplish the requested scope of work. This section includes a list of deliverables that Dudek will submit to the City at the end of each major task. Task 1: Project Initiation and Literature/Data Review Dudek will review available mapping resources provided by the City and attend a project orientation/kick-off meeting with City staff. The purpose of the orientation/kick-off meeting is to establish lines of communication, discuss expectations of the scope of work, and receive additional project information. We will confirm our understanding of the project and discuss the overall approach to assist the City with their open space planning efforts. Following the orientation meeting and receipt of additional information, Dudek will review all available relevant literature and data provided by the City on vegetation communities, sensitive habitats, and species distribution to determine those resources that have the potential for occurrence within the study area. All appropriate and available biological documentation, surveys, published research and maps will be compiled, reviewed and analyzed. At a minimum, such documentation will include the listing packages for each endangered and threatened species and California Natural Diversity Data Base (CNDDB) information regarding sensitive species and habitats known to occur in the region. Additional information sources consulted may include scientific journal articles, and historic and current aerial photographs, as appropriate. Task 2: Conduct Planning -Level Mapping Dudek will conduct a general biological resources evaluation of the entire study area, including the Northwest Area, to generate baseline biological resources maps for vegetation communities, invasive plant species distribution, and sensitive plant and wildlife species distribution. Vegetation communities will be mapped to habitat subtypes as defined by the OCHCS. All mapping will be done via aerial interpretation and directly onto 1:6,000 -scale (1 inch = 500 feet) true -color aerial photographic base at six-inch resolution. Based on recent vegetation mapping efforts for the Southern Subregion Habitat Reserve, Dudek anticipates conducting limited Feld visits to accurately distinguish the various habitat subtypes from aerial photographs. The vegetation communities will be scanned and digitized into a Geographical Information System (GIS) format using ArcGIS software and compiled for a Vegetation Community Map. During the limited vegetation community field verification, Dudek will document areas where invasive plant species identified in the California Invasive Plant Council (Cal -IPC) for the State of California -Southwest floristic province occur. Focal species include artichoke thistle (Cynara D U D E K 208000-30010 8 Auguts 8, 2008 0 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species cardunculus), black mustard (Brassica nigra), fennel (Foeniculum vulgare), hemlock (Conium maculatum), and tree tobacco (Nicotiana glauca). Dudek understands that other efforts being implemented at the County -wide, inter -jurisdictional level have identified and addressing giant reed (Arundo donax) infestation within the study area. Therefore, giant reed will not be mapped as part of this scope of work. Following the mapping effort, invasive species locations will be recorded, digitized into a GIS format, and compiled for an Invasive Species Map. Dudek biologists will determine the potential for sensitive species to occur within the study area. Previous documented occurrences of sensitive biological resources from the Orange County NCCP efforts and the CNDDB will be compiled. Observable sensitive resources including perennial plants and conspicuous wildlife (i.e., birds and some reptiles) with special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and U.S. Fish and Wildlife Service (USFWS) will be recorded, digitized into a GIS format, and compiled for a Sensitive Species Map. Task 3: Conduct Site -Specific Mapping Dudek will conduct field surveys within the Northwest Area to generate a more detailed analysis of the biological resources present within this portion of the City. Field verification of the vegetation communities identified during the planning -level mapping (aerial interpretation) will be classified to more specific habitat associations as described by OCHCS. This classification system is generally more useful for Orange County as some relatively common habitat subtypes do not appear in other classification systems. All mapping will be done in the field directly onto 1:6,000 -scale (1 inch = 500 feet) aerial photographic base. Based on recent vegetation mapping efforts for the Southern Subregion Habitat Reserve, Dudek anticipates conducting 100% field verification to accurately distinguish the more difficult scrub and chaparral at the habitat association level, and exotic mapping within riparian corridors associated withy Arroyo Trabuco Creek. Where feasible and appropriate, vegetation boundaries will be delineated using a Global Positioning System (GPS) and later downloaded into ArcGIS. Following the mapping effort, the boundaries of each habitat association will be scanned and digitized into the project -specific GIS database using ArcGIS software, and incorporated into the Vegetation Community Map. During the site-specific vegetation community mapping, Dudek will document invasive plant species within the Northwest Area noting populations of individual species of concern by Cal - IPC. Focal species include those listed above for the planning -level mapping effort. Following the mapping effort, invasive plant species locations will be digitized into GIS format and incorporated into the Invasive Species Map. D U D E K 208000-30010 9 Auguts 8, 2008 0 9 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek will also identify sensitive plant communities and/or potential habitat for any sensitive species, endangered, threatened, or otherwise, within the Northwest Area. Although no focused surveys will be performed, Dudek will identify the potential for sensitive species to occur based on the habitat present. Observable sensitive resources with special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and USFWS will be recorded, digitized into a GIS format, and incorporated into the Sensitive Species Mao. Task 4: Prepare Maps and Technical Report Upon completion of the above tasks, Dudek will prepare drafts of the Vegetation Community Map, Invasive Species Map, and Sensitive Species Map. A technical report will be prepared to accompany the map products. The report will include a description of the mapping project, description of the mapping system and survey methodology (including a crosswalk to the CDFG system), and summary and acreage tabulation of the mapped vegetation communities. The report will also include a list of resources used to map the vegetation communities, and brief discussions of project's mapping limitations and appropriate uses of the mapping products. Deliverables • Two (2) draft hard copies and electronic versions of the Vegetation Community Map, Invasive Species Map, Sensitive Species Map, and Technical Report • Two (2) final hard copies and electronic versions of the Vegetation Community Map, Invasive Species Map, Sensitive Species Map, digital shape files used to assemble each map, and Technical Report Optional Task 5: Additional Project Meetings In addition to the orientation/kick-off meeting with City staff, Dudek will be available to attend a project status meeting. The project status meeting may be determined necessary by the City to discuss and resolve any mapping -related issues during the course of the habitat mapping effort. Additionally, Dudek would be available to attend meetings with the City's Open Space Committee, Planning Commission, and City Council, as requested by the City. Meeting preparation and attendance would be billed on a time and materials basis according to Dudek's 2008 Standard Schedule of Charges. D U D E K 208000-30010 10 Auguts 8, 2008 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species STAFFING Dudek's environmental staff is located in Irvine, Encinitas, Santa Barbara, and Santa Clarita. Work under this contract is primarily anticipated to be performed from our Irvine office; however, with our state-of-the-art communications capabilities, we are able to easily perform and share work among multiple offices, particularly GIS tasks. Dudek's project team will be lead by Mr. Ryan Henry. Mr. Henry has over 11 years' experience in field biology, vegetation mapping, aquatic resource investigations, and study design. As Project Manager, Mr. Henry will serve as the primary point of contact for the City and will be responsible for coordination, product quality assurance, and meeting project deadlines. Mr. Henry has assembled a project team that includes biologists from the 32,818 -acre Southern Subregion Habitat Reserve Vegetation Mapping Project, which included Ms. Britney Strittmater; Ms. Karen Mullen, PhD.; and Mr. Phil Behrends, PhD. Ms. Strittmater and Dr. Mullen each have over three years professional experience as multi -disciplinary team members investigating landscape, vegetation, vertebrate, and invertebrate ecology utilizing GPS and GIS technology. Britney and Karen will be responsible for conducting vegetation, invasive species, and sensitive species mapping within the study area. Dr. Phil Behrends has over 28 years of combined experience as a consultant and scientist in the private and public sector. His knowledge encompasses wildlife biology, terrestrial ecology, and field investigations of behavioral and social ecology of vertebrates. Phil will be responsible for peer review of the study design, mapping products, and the technical report. Table 1 summarizes the anticipated level of effort associated with the various tasks described above under Scope of Work. Table 1 Estimated Staffing D U D E K 208000-30010 11 Auguts 8, 2008 r� 10W - 5 r.. Task 1 Project Initiation and Literature/Data Review 6 6 Task 2 Conduct Planning -Level Mapping 20 40 12 Task 3 Conduct Site -Specific Mapping 12 12 52 Task 4 Prepare Maps and Technical Report 14 30 22 4 „kms', , 52 1 13 122 4 D U D E K 208000-30010 11 Auguts 8, 2008 0 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Dudek is fully committed to providing our full suite of firm equipment, infrastructure, and expertise to meet the needs of the City for this project. The combined resources of four-wheel drive trucks, GPS, and wireless telecommunication equipment, computers, GIS workstations, and plotters assures the City that we can be responsive and efficient. COST ESTIMATE Table 2 summarizes costs associated with the various tasks described above under Scope of Work. This section also includes project assumptions. This proposal is valid for 90 days from the proposal date. Table 2 Estimated Cost Uirect costs include costs for reproduction, travel, delivery (including certified mail), and digital scanning fees. Project Assumptions • The City will be responsible for providing Dudek with the following: o Letter of Authorization to access the study area and specific private property access authorization. o All available environmental, planning, biological documentation relating to the biological resources within the study area. o Digital data (AutoCAD/GIS format): ff Study area boundaries Developed/Undeveloped boundaries within the City D U D E K 208000-30010 12 Auguts 8, 2006 Task 1 Project Initiation and Literature/Data Review $1,410 Task 2 Conduct Planning -Level Mapping $7,660 Task 3 Conduct Site -Specific Mapping $8,000 Task 4 Prepare Maps and Technical Report $7,280 Subtotal $24,350 Direct Costs $640 a Additional Project Meetings T&M Uirect costs include costs for reproduction, travel, delivery (including certified mail), and digital scanning fees. Project Assumptions • The City will be responsible for providing Dudek with the following: o Letter of Authorization to access the study area and specific private property access authorization. o All available environmental, planning, biological documentation relating to the biological resources within the study area. o Digital data (AutoCAD/GIS format): ff Study area boundaries Developed/Undeveloped boundaries within the City D U D E K 208000-30010 12 Auguts 8, 2006 0 0 Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Topography Aerial photography. Dudek will reproduce the number of document copies as specified above. Additional copies can be provided on a time -and -materials basis, with prior written authorization from the City. The following tasks are not included in this scope of work: focused sensitive species survey efforts, formal jurisdictional delineation of aquatic resources, and report revisions due to study area changes or additional requirements not anticipated in this proposal. If desired, these additional services can be performed and charged on a time -and -materials basis beyond the fee indicated. SCHEDULE Dudek is prepared to begin work immediately upon receipt of the Notice to Proceed. We have the staff immediately available to commit to this project. For illustration purposes, we have assumed a project kickoff date of August 1, 2008. Dudek commits to meeting the schedule outlined in Table 3, provided that project information and product review turnaround times meet the schedule milestones. Table 3 Proposed Schedule Dudek anticipates attending the City orientation meeting within one week of contract execution and City's issuance of the Notice to Proceed. Within six weeks of project orientation meeting, Dudek will provide the City with a draft of the technical report and mapping products. The City will review the deliverables and provides comments. Final map production and technical report will occur within two weeks following receipt of the City's review comments on the draft product. D U D E K 208000-30010 13 Auguts 8, 2008 y*N''6AhY M S } Task 1 Project Initiation and Literature/Data Review August S Task 2 Conduct Planning -Level Mapping August 29 Task 3 Conduct Site -Specific Mapping September 5 Task 4 Prepare Maps and Technical Report September 19 Additional Project Meetings As necessary Dudek anticipates attending the City orientation meeting within one week of contract execution and City's issuance of the Notice to Proceed. Within six weeks of project orientation meeting, Dudek will provide the City with a draft of the technical report and mapping products. The City will review the deliverables and provides comments. Final map production and technical report will occur within two weeks following receipt of the City's review comments on the draft product. D U D E K 208000-30010 13 Auguts 8, 2008 0 CJ Mr. William A. Ramsey, AICP Subject: Proposal to Provide Planning -Level and Site -Specific Mapping of Natural Habitat, Invasive Plant Species, and Sensitive Wildlife Species Thank you for your consideration of our proposal. We look forward to presenting our well- qualified team and to working with you on this important project. If you have any questions, please feel free to contact me at 949.450.7991 or via e-mail at rhenry@dudek.com. Sincerely, Gw` Ryan ifenry Project Manager/Biologist Aar: Dudek's 2008 Schedule of Charges cc: Michael Sweesy, Dudek D U D E K 208000-30010 14 Auguts 8, 2008 0 9 DUDEK 2008 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director...........................................$205.00/hr $195.00/hr Program Manager.......................................$190.00/hr $210.00/hr Principal Engineer 11....................................$180.00/hr $150.00/hr Principal Engineer I.....................................$170.00/hr $115.00/hr Senior Project Manager...............................$160.00/hr $135.00/hr Project Manager..........................................$145.00/hr $75.00/hr Resident Engineer.......................................$135.00/hr $125.00/hr Senior Engineer II........................................$135.00/hr $55.00/hr Senior Engineer I........................................$125.00/hr $40.00/hr Associate Engineer ....... ....... ......................$115.00/hr $85.00/hr Project Engineer IV .....................................$110.00/hr $85.00/hr Project Engineer III......................................$100.00/hr $70.001hr Project Engineer 11.........................................$95.00/hr Project Engineer I..........................................$85.00/hr Field Engineer 11..........................................$110.00/hr Field Engineer I ...........................................$100.00/hr Engineering Assistant. ................................... $75.00/hr Right -of -Way Management Services Principal ROW Manager..............................$170.00/hr $195.00/hr ROW Project Manager................................$140.00/hr $210.00/hr ROW Senior Engineer.................................$125.00lhr $150.00/hr ROW Engineer.. .............. ........................... $115.00/hr ROW Technician.........................................$105.00/hr $135.00/hr ROW Research Analyst.. .............................. $75.00/hr Environmental Services $195.00/hr Principal...................................................... $210.00/hr Senior Project Manager/Specialist ..............$195.00/hr $150.00/hr Enyironmental Specialist/Planner VI ...........$170.00/hr $85.00/hr Environmental Specialist/Planner V ............$150.00/hr $135.00/hr Environmental Specialist/Planner IV ...........$135.00/hr $100.00/hr Environmental Specialist/Planner III ............ $125.00/hr Environmental Specialist/Planner 11.............$110.00/hr $55.00/hr Environmental Specialist/Planner 1..............$100.00/hr $40.00/hr Analyst................... ....................................... $85.00/hr Planning Research Assistant........................$70.00/hr $85.00/hr Construction Management Services Principal/Manager....................................... $195.00/hr Senior Construction Manager .....................$180.00/hr $160.00/hr Senior Project Manager...............................$160.00/hr $150.00/hr Construction Manager.................................$150.00/hr $85.00/hr Project Manager..........................................$140.00/hr $135.00/hr Resident Engineer.....................................$135.00/hr $100.00/hr Construction Engineer.................................$130.00/hr $80.00/hr On-site Owner's Representative .................$105.00/hr $55.00/hr Construction Inspector III ............................$120.00/hr $40.00/hr Construction Inspector II .............................$110.00/hr $55.00/hr Construction Inspector I ..............................$100.00/hr $85.00/hr Hydrogeological Services Principal .................. _. _......................... .............. $205.00/h r Practice Manager........................................$185.00/hr $160.00/hr Sr. Environmental Engineer........................$185.00/hr $150.00/hr Sr. Hydrogeologist/Sr. Proj Mgr ...................$165.00/hr $85.00/hr Project Manager..........................................$150.00/hr $135.00/hr Associate Hydrogeologist/Engineer ............$135.00/hr $100.00/hr Hydrogeologist IV/Engineer IV ....................$120.00/hr $80.00/hr Hydrogeologist III/Engineer III .....................$110.00/hr $55.00/hr Hydrogeologist II/Engineer It .......................$100.00/hr $40.00/hr Hydrogeologist I/Engineer I...........................$90.00/hr $55.00/hr Technician..................................................... $85.00/hr District Management & Operations District General Manager ............................... $175.00/hr District Engineer.... .............. .......................... $160.00/hr Operations Manager ...................................... $150.00/hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager.........................$95.00/hr $135.00/hr Grade V Operator ........................................... $100.00/hr Grade III Operator ............................................ $80.00/hr Grade I Operator .............................................. $55.00/hr Operator in Training ......................................... $40.00/hr Collection Maintenance Worker II ...... $55.00/hr Collection Maintenance Worker I ..................... $40.00/hr Office Services Technical/Drafting/CADD Services 3D Graphic Artist ............................................ $140.00/hr Senior Designer ............................................. $120.00/hr Designer......................................................... $105.00/hr Assistant Designer ........................................... $85.00/hr GIS Specialist IV ............................................ $135.00/hr GIS Specialist III ............................................. $120.00/hr GIS Specialist II .............................................. $110.00/hr GIS Specialist I ............................................... $100.00/hr CADD Operator Il ............................................. $95.00/hr CADD Operator I .............................................. $85.00/hr CADD Drafter. .................................... ............. $80.00/hr CADD Technician ............................................. $70.001hr Surveying Services (Coachella Valley) Professional Land Surveyor.... ....................... $160.00/hr 3 -Person Survey Crew ................................... $235.001hr 2 -Person Survey Crew... ............................. ... $205.00/hr 1 -Person Survey Crew ................................... $110.00/hr Survey Analyst ............................................... $110.00/hr Asst. Survey Analyst/CADD Mapper ................ $80.00/hr Support Services Technical Editor III .......................................... $130.00/hr Technical Editor II ........................................... $110.00/hr Technical Editor I .............................................. $90.00/hr Publications Assistant III ................................... $90.00/hr Publications Assistant II .................................... $80.001hr Publications Assistant I ..................................... $70.00/hr Clerical Administration. ..................................... $70.00/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 bluepdnting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at 50.5 cents per mile. 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. Inwices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. D U D E K Effective January 1, 2008 • • 8/19/20081 D61 Christy JAI From: Yvonne Tschaikowsky Sent: Monday, August 18, 2008 1:40 PM To: City Clerk Scanstation Subject: CC Agenda #D6 Habitat Mapping Ref: City Council meeting 8/19/08 Agenda Item D- Consent Calendar #6 Dear City Council Members, In your consideration of the Habitat & Wildlife Species Mapping, could you please ask that Wildlife Corridors be studied and incorporated into the Open Space Master Plan to insure the continued existence of the area's deer, mountain lions, bobcats, raccoons & such? Thank you very much for your thoughtful consideration of preserving & protecting the area's threatened wildlife. Yvonne Tschaikowsky San Juan Capistrano 8/18/2008