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11-0621_DUDEK_Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of June, 2011, by and between the San Juan Capistrano (hereinafter referred to as the "City") and Dudek (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's need to secure biological monitoring services for the 2C Ranch/Trabuco Creep Habitat Restoration Plan; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to a notice of termination issued per Section 15 (Termination) of this agreement, or prior to December 31, 2015, whichever occurs first. The City may periodically assess the performance of consultant to assure that the 2C Ranch/Trabuco Creek Habitat Restoration Plan implementation is maintaining consistency with Orange County Transportation Authority (OCTA) guidelines. Annually, City shall conduct a performance review of Consultant work performed under the terms of this agreement and the approved scope -of -work (SOW) to assure that all Consultant work has met or exceeded the standards for performing said work, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $95,130 (ninety-five thousand, one -hundred and thirty dollars and no cents) as set forth in Exhibit 'A" attached and incorporated herein by reference if Consultant provides a cost proposal or rate schedule. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontractincl and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For additional services not part of this Agreement, a written authorization from City is required prior to Consultant undertaking such services. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https:He-verify.us J .gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good GI 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 Livability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, 5 except that ten (10) days" notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to 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. 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 Ramsey, AICP, Principal Planner To Consultant: Dudek 605 Third Street Encinitas, CA 92024 Attn.: Mike Sweesy / Stuart Eraser 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. N 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 there pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: GIA a I d2jaL ax r) Omar Sando I, City Attorney �I��'�I'�Lhl�L�i•r�v7e�����1��1�[�7 st, City Manager CONSULTANT Print Name: June Collins Vice President. L June 13, 201 1 PREPARED FOR City of San Juan Capistrano Attn: Bill Ramsey,AICP, Principal Planner 32400 Paseo Adelanto San Juan Capistrano, California 92675 g1. _. . . il._.. r Dudek 605 Third Street Encinitas, California 92024 800.450.1818 www.dudel,,.com MAN CIFPK� FIRD June 13, 2011 City of San Juan Capistrano Attn: Bill Ramsey, AICP, Principal Planner 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Biological Monitoring for the 2C Ranch/Trabucce Creek Habitat Restoration Project Dear Mr. Ramsey: Dudek is pleased to provide you with this proposal for biological monitoring for the 2C Ranch/Trabuco Creels Habitat Restoration Project. Having performed many projects of a similar nature in the local area, such as base mapping on the Trabuco Creek (Lower Rosan) Wetlands Mitigation Project, our project team is knowledgeable and familiar with the needs and environmental constraints of this project. INME THIS PROPOSAL Statement of Understanding........... I Approach............................................. Key Personnel Experience............ 1 Similar Project EXDerience............ l3 Project Schedule.. ....... .............. 19 Project Budget..................................20 Our team will promote the original biological intent of the project compliance with the requirements of the 2C Ranch/Trabuco Creek Restoration and Enhancement Plan (Restoration and Enhancement Plan; City of San Juan Capistrano 2010). Team members can perform the requested biological monitoring tasks in a timely and cost-effective manner, and provide adaptive management strategies through coordination with City of San Juan Capistrano (City) staff and the maintenance contractor to achieve the goals established for the project. We are committed to meeting and exceeding your expectations. Statement of Understanding Dudek understands the City's request for the services of a biological monitor to provide restoration and wildlife monitoring services to assist in achieving the goals established in the Restoration and Enhancement Plan. Goals for the project include improving habitat quality for riparian plants and wildlife within 14 acres of Trabuco Creek and associated transitional zones, improving habitat quality for coastal sage scrub plants and wildlife species within 40 acres of upland hillside, and strengthening the Trabuco Creek Wildlife Linkage through adaptive management and comprehensive data collection. We understand this is a grant -funded effort that is not mitigation, so there is greater flexibility to achieve the project goals. Dudek understands that the City project manager will actively monitor the progress of the site through regular qualitative monitoring and oversight of restoration contractor activities. The Dudek biological monitor will support the City by offering technical biological monitoring, qualitative consultation to provide remedial maintenance recommendations and adaptive management strategies, and as -needed field monitoring services. Bill Ramsey Subject. Biological Monitoring for the 2C Ranchlirabuco Creek Habitat Restoration Project Dudek staff is well versed in the existing conditions and natural processes that provide challenges and opportunities for restoration at this project site. In 2008, Dudek worked on the initial site assessment for the 2C RanchlTrabuco Creek Restoration Project by completing the habitat and wildlife study of the project area and adjacent open space for the City. Dudek authored the restoration plan, and conducted all installation and long-term biological monitoring for the adjacent Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off -Site Wetland Mitigation Project, which included restoration of 9.72 acres of wetland and transitional habitat that was heavily infested with giant reed (Arundo donax). Successful completion of this project was accepted by the U.S. Army Corps of Engineers (ACOS) and California Department of Fish and Game (CDFG) in the spring of 2008. Proposed principal in charge, Michael Sweesy, RLA, served as the project manager; and proposed project manager, Stuart Fraser, RLA, served as the primary biological monitor for long-term monitoring through completion. Proposed team member, fayme Timberlake, assisted with biological monitoring. Further enhancing their understanding of restoration processes and challenges that will likely be encountered on this project, Dudek staff have played key roles in several similar efforts throughout, Orange and San Diego counties. Mr. Fraser currently serves as the project manager for the Upper Chiquita Reservoir Project (Santa Margarita Water District) and Oso Creek Restoration and Protection Project (City of Mission Viejo). Both projects include a significant restoration component, with the Upper Chiquita Project including over 25 -acres of upland restoration. Ms. Timberlake serves as a biological monitor and restoration specialist on both projects. Mr. Fraser and Ms. Timberlake served as biological monitors on the Crossings Golf Course in Carlsbad, California (City of Carlsbad), with Mr. Sweesy serving as the principal in charge. Approach Technical biological monitoring will include botanical data collection and analysis of data, and conducting wildlife surveys to monitor the progress of the restoration and enhancement efforts. Dudek will actively review and analyze the results of field -collected data and surveys throughout the project to maintain up-to-date tracking of project progress. Project performance tracking will alert the project manager if remedial action is necessary, since project success is determined by achieving project success criteria. Dudek will conduct qualitative evaluation of the project site during all site visits. Qualitative evaluation shall consist of visual assessment of native vegetation establishment and evaluation of maintenance efforts, with recommendations for remedial measures provided to the project manager to ensure project success. An annual qualitative field assessment is proposed for the spring of each monitoring year (in conjunction with annual transect data collection and photo -documentation). Following a comprehensive site visit and evaluation by a biologist specializing in habitat restoration, a site observation report shall be provided summarizing current project status, which includes maintenance recommendations to guide contractor maintenance or implement remedial measures. In accordance with the requested scope, one scheduled annual qualitative restoration field assessment is included annually in the spring, but additional qualitative monitoring and a site observation report format will be provided during as -needed invasive vegetation removal monitoring. The option for a fall qualitative restoration field assessment and contractor coordination is outlined in the attached scope of work. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 2 Bill Ramsey Subject: Biological Monitoring for the 2C Ranchffrobuco Creek Habitat Restoration Project Task I a histo -Monitoring and Documentation Photo -monitoring will be conducted annually to provide a record of restoration progress through the entirety of the restoration program. Photo -monitoring stations will be established, and initial monitoring shall be conducted upon project implementation in the spring of 2011. Photo - monitoring shall continue annually at the conclusion of each monitoring year through Year Five (six times, total). A photo -log form will be developed that includes permanent data specific to each photo station and data specific to the monitoring visit. Permanent photo -log information shall include a general site description and features, photo point location (latitude, longitude), direction (compass bearing), angle, height, and camera lens information in order to replicate conditions between monitoring years. Conditions specific to the monitoring year shall include the photographer's name, date, time, weather conditions (temperature, wind speed, and direction; cloud cover/precipitation), and a brief description of the subject (vegetation, wildlife). Photo -monitoring stations shall be selected in locations that provide distant views across large expanses of the project site, or areas susceptible to change (i.e., invasive vegetation stands or active stream channels). In addition to project overview photo -documentation stations, established quantitative data collection stations (coastal sage scrub and riparian transects) shall be utilized as photo -documentation stations, as well. Utilizing transect photos will provide a visual record of quantitative transect data results. During photo -documentation station establishment, a Global Positioning System (GPS) photo camera and sub -meter GPS unit will be used to record exact position and compass bearing of each photo point (latitude and longitude). GPS units with uploaded world data will be utilized in subsequent years to replicate photo position and direction accuracy. Digital GPS world data and compass declination will be provided to the City in order to create a photo -location base map. Task I b Botanical(Quantitative) Monitoring Quantitative botanical monitoring shall consist of annual data collection in both the riparian and coastal sage scrub restoration areas though the use of established transects. Upon project implementation (June 2011), the permanent vegetation transects shall be established and initial data recorded to establish baseline data. Data will continue to be collected at the conclusion of every monitoring year for the Five Year restoration program (six times, total). Baseline data shall be used to provide cover values for comparison with project progress at each established transect station for the duration of the project. Transect locations will be recorded using a sub -meter GPS unit, with coordinates provided to the City in digital format and plotted on a site plan. The survey methodology developed by Deutschman and Strahm (2009) shall be used for annual data collection in the coastal sage scrub restoration areas (Deutschman and Strahm 2009. Vegetation Community Survey Report 2009; Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Biological Monitoring Program, April 23, 2010). Ten 50 -meter permanent point -intercept transects shall be established and data recorded, including the cover type at ground level and plant species that intercept each transect at I -meter intervals. Percentage cover of each plant species and cover type will be visually estimated within a I -meter quadrat at 5 - meter intervals, alternating along the transect tape. DUDEK 2C Ranch/Trabuco Creels Habitat Restoration 3 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrobuco Creek Habitat Restoration Project Quantitative vegetative data collection in the Riparian restoration areas shall consist of data collected along permanent transects placed perpendicular to the riparian corridor, where possible. Sixteen 20 -meter, permanent, point -intercept transects shall be established and data recorded, including the cover type at ground level and plant species intercepting the transect at 0.5 -meter intervals. Each vegetation species that intercepts the projected line shall be recorded by presence, total cover, and density by recording presence in each of the three vertical strata layers; herbaceous (0 to I meter), shrub (I to 2 meters) or canopy (>2 meters). The survey methodology of vertical stratification data collection along the established transect was selected as an alternative to the proposed methodology (stacked cube), because it provides an accurate and cost-effective evaluation of riparian canopy development, primarily for wildlife cover, foraging and nesting habitat, including nesting habitat for the federally listed least bell's vireo (Vireo bellii pusillus), Additional data to be collected within the 5 -meter -wide "species richness" zone includes all plant species present and the height and girth of all riparian tree species. All field -collected data will be analyzed and compared to performance criteria established for this project and as recommended by Dudek. Data and comparison of monitoring results shall be presented to the City in a spreadsheet for analysis and inclusion in the biological monitor's annual report Photo stations (with logged GPS coordinates) shall be established at the starting point of each transect. Photos shall be taken annually from these fixed locations and included in the photo - monitoring report. Digital world data shall be provided to the City. Task I c Botanical (Qualitative) Monitoring Qualitative monitoring shall be conducted in conjunction with the annual biological monitoring visit in the spring of the monitoring year (six times, total). Qualitative monitoring is conducted to provide an overall characterization of the project area, including progress toward restoration goals and to evaluate the performance of the maintenance contractor. General observations noted include the prevalence of annual weeds and invasive species, condition of planted container plants, germination of applied seed, recruitment of native plant species, condition and function of the irrigation system, and any general maintenance issues. A site observation report will..be generated following each qualitative monitoring visit and shall provide a brief summary of project progress, identify specific problem areas and propose potential treatments, and if needed, shall be shown graphically on a map of the project area for management purposes. Site observation reports shall be provided in a format suitable for use in the project manager's annual status report (ASR). Horticultural Monitoring,, Dudek will review the general health of the container plants, applied seed mix, and other naturally recruiting native plants in the uplands and riparian restoration areas during each site visit. Plant health observations will focus on soil moisture content, evidence of new growth/environmental stress, and the presence of pests. The general establishment and development of the intended native habitat will be observed and noted. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 4 Bill Ramsey Subject: Biological Monitoring for the 2C RanchfTrabuco Creek Habitat Restoration Project Supplemental Irrigation: Dudek will review the use of supplemental irrigation through a developed system or by hand watering. Irrigation issues that attribute to container plant stress/mortality, limited seedling germination, and natural recruitment and site erosion will be evaluated. Recommendations for development of an appropriate irrigation strategy including watering frequency, duration, and expansion of the system will be made for coordination with the maintenance contractor. Weed/Exotic Vegetation Control. Weed growth will be monitored to ensure that weeds and target invasive species are being adequately controlled. Dudek will note weed and exotic species that need to be removed and make a recommendation on methods of removallcontrol. Dudews in-house certified pest control adviser can assist with specific herbicide recommendations, when necessary. Erosion Control, Dudek will note any erosion problems in the coastal sage scrub slopes and the riparian areas, including slope stability and riverbed migration. Recommendations to remedy unnatural or excessive erosion damage through the installation of best management practices (BMPs) will be made. Pest Controk Dudek will monitor for insect infestations and herbivore damage (gophers, ground squirrels, rabbits, etc.) during each monitoring visit. A determination of the relative level of threat to the overall habitat development will be made when pests are detected. Dudek will inform the client of conditions that could limit or reduce the success of habitat development and make a recommendation for treatment or control. Trash and Debris Removal. Dudek will monitor accumulations of trash and debris on site. Areas of trash and debris accumulation will be noted in the monitoring reports for removal by the maintenance contractor. Vandalism and Unauthorized Public Use. Dudek will note and report observation of any on- site damage attributed to public use or vandalism, the presence of off-road vehicles, homeless encampments, or any downed fencing or open gates. If the City requests the use of the biological monitor for invasive habitat removal (Task Id), general qualitative monitoring of restoration progress will be provided in addition to invasive monitoring at no additional cost above the time and rate established for the as -needed invasive biological monitoring. SubtotalTasks la—c..........................................................................................................$31,554 Task i d Additional Botanical (Qualitative) Monitoring (Optional Task) Qualitative restoration monitoring will be conducted annually in the spring of the monitoring year. To assist the City with biological monitoring services that best achieve the goals stated in this project, Dudek recommends increasing the qualitative monitoring visits to biannually in the early stages of the project or if the project fails to achieve the interim success criteria in Years Three through l=ive. An additional comprehensive qualitative monitoring visit is recommended in the fall of the monitoring year. Increasing the qualitative monitoring visits allows additional oversight of the restoration project progress, allowing the biological monitor to identify potential problems and adapt the management strategy, as needed. A site observation report will be included following each monitoring cycle. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 5 Bill Ramsey Subject Biological Monitoring for the 2C Ranchffrabuco Creek Habitat Restoration Project Additional benefits of a scheduled fall qualitative monitoring visit include: Coordinating with the restoration contractor for initial and remedial native planting Evaluating and recommending areas for invasive removal (scheduled for September through February) Evaluating the riparian areas at the peak of the growing season • Providing accurate site assessment prior to submittal of the biological monitor's annual report The addition of the fall qualitative monitoring visit will be conducted by a biological monitor specializing in habitat restoration. Monitoring can include specific recommendations or a full survey of restoration progress throughout the site (as described in Task I c). Task .I e Invasive Habitat Removal Monitoring (Optional Task) As described in the project scope of work, invasive vegetation control is anticipated for three times per year outside of the breeding season. Dudek shall provide a biological monitor to be present during all invasive removal cycles, as requested by the City. The biological monitor shall be qualified to identify sensitive native habitat and be able to direct work crews to avoid impacts outside of authorized work areas. The biological monitor will provide a brief site observation report following the monitoring cycle describing the removal work. Dudek feels that presence of the biological monitor on site provides the opportunity to evaluate site progress and to identify and report any deficiencies to the.City. A general evaluation of site conditions with any identified shortcomings and recommendations for maintenance for the restoration contractor will be included in the site observation report. TASK 2 WILDUFE Related to the wildlife monitoring components addressed in Sections II D and E of the request for proposal (RFP), Dudek will perform the requested services as outlined for upland species (including California gnatcatcher (Polioptila colifornica) and other target species), riparian species (including least Bell's vireo and other target species), and invasive species (including brown -headed cowbirds (Molothrus ater) and other target species). Dudek is well equipped to perform all work outlined: • Dudek has a long history with all of the listed species, having maintained federal permits for all of the relevant species since their respective listings (California gnatcatcher, least Bell's vireo nest monitoring, southwestern willow flycatcher (Empidonox traillii extimus)) and having surveyed for them successfully throughout their range. • Dudek has employed very similar point -count methods for a variety of projects and clients, including the San Diego National Wildlife Refuge Point Count Study for game birds and mammals, Rancho Mission Viejo land Trust, Orange County Southern Subregion Natural Community Conservation Plan (NCCP), San Diego County Parks (six preserves), various wind projects, and others. • Dudek has conducted similar studies to document wildlife breeding use of habitat restoration areas, including Trump National Golf Course (documented California gnatcatcher breeding pairs increase from 3 to 17 pairs); Carlsbad Golf Course (documented California gnatcatcher breeding pairs increase from 5 to 12 pairs); and others. • Dudek has been instrumental in writing, reviewing, and implementing several habitat conservation plans (HCPs) that required review or design of the latest state-of-the-art survey techniques to accomplish project goals. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration Bill Ramsey Subject: Biological Monitoring for the 2C RonchlTrobuco Creek Habitat Restoration Project The stated goal of the upland monitoring component is to assess the distribution, relative abundance, and breeding activity for the focal species and group. For purposes of this study, it is anticipated that the target group would include California gnatcatcher, but would also include Anna's hummingbird (Calypte anna), California thrasher (Toxostoma redivivum), house finch (Corpodocus mexicanus), northern mockingbird (Mimus poiyglottos), and rufous -crowned sparrow (Aimophila ruflceps) in order to conform to a pilot study for the Rancho Mission Viejo Land Trust that is currently underway. This would not result in additional effort or cost, but would potentially allow for additional comparative analysis to be completed at the end of this monitoring effort. As directed, surveys for upland birds will be conducted by using point -count surveys four times per year (according to season), with each site visited two times per season. Point -count monitoring will record species and relative abundance within a given area, and counts will begin at dawn. Of course, surveys will only be conducted during clement conditions. Because of the small extent of the study area and its configuration, Dudek believes that only four point -count stations would be required. Typically, biologists can count and identify bird species to at least 500 feet. Four stations should provide more than adequate coverage. The stations would be staked in the field and GPS used for repeatability over the duration of the study. The time spent at each point -count station can vary widely, depending on the focus of the effort, but typically they are within the 3- to 15 - minute range. For this study, Dudek proposes to perform I 0 -minute point counts. The RFP also suggests that there would be a need to adhere to accepted survey protocols; Dudek believes that this is not necessary to satisfy the goals of this effort, and the resulting additional cost to coordinate with the wildlife agencies and submit additional year-end reports would not be warranted. Modified focused surveys will be conducted for California gnatcatcher and Least Bell's vireo during the appropriate season. During point -count surveys, Dudek will document every individual detected, their sex, behavior (e.g., foraging, territorial display, nesting behavior, transit, etc.), their compass direction, and distance. Other factors may be added as determined through discussions with the City after contract award. During the study, a comprehensive list of species detected will be gathered. As directed, surveys for riparian birds will be conducted along systematic survey routes, monitoring all portions of the riparian habitat. The survey route will be marked in the field through temporary flagging and GPS -identified waypoints. This route will be designed to cover both sides of the creek in an "up -and -hack" fashion. While surveying the route, biologists will identify all species using the habitat and their relative abundance (i.e., numbers detected during each survey), and quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher, yellow -breasted chat (tcteria virens), Cooper's hawk (Accipiter cooperii)) using the habitat for nesting. Specific nest searches will not be conducted in order to be cost-effective. Instead, biologists will note any obvious nesting behavior (e.g., territorial display, transferring nest material, fecal sacs, food) and the approximate location of the activity. Surveys will be conducted at varying times of the morning (i.e., will begin within I hour after sunrise and end by noon) on three separate occasions between March and July, with at least 7 days between visits. Surveys will not be conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95' Fahrenheit (F) or <40°F or with winds >I 0 miles per hour). Taped vocalizations will be minimized since they require additional agency coordination, reporting, and expense. Territories (singing males) and nest locations shall be mapped as detected. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 7 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Based on the supplement to the RFP, it appears that nest fate is no longer required as part of this scope, but Dudek is able to add this back in if desired. Dudek has successfully performed monthly nest status checks for select species in habitat restoration monitoring situations. While not optimal, one can develop a quantification of the minimum number of eggs laid and chicks fledged. As directed, invasive animal species (e.g., brown -headed cowbirds, bullfrogs (Rona catesbeiana), African clawed frogs (Xenopus loevis), red fox (Vulpes vulpes), and feral cats.) will be monitored throughout the restoration project. Dudek believes that this task can be accomplished cost- effectively while performing the other monitoring studies. All are easily detectable and would not require additional effort to survey or map. In summary, Dudek will perform 5 years of monitoring for both upland species and riparian species. This will consist of four 10 -minute point -count stations, surveyed four times per year (20 visits) for upland species, and one transect, surveyed three times per year (1 S visits) for riparian species. Invasive species will be noted during both efforts. To be cost-effective, an example schedule is anticipated to resemble the following: March — Upland/Riparian May — Upland/Riparian July — Riparian/Upland (Year 1) September — Upland (Years 2-5) November — Upland Additionally, 3 California gnatcatcher and 4 least Bell's vireo focused visits shall be conducted at project start (July 2011), with 3 California gnatcatcher and 4-6 least Bell's vireo focused conducted at project completion (Spring 201'6). Focused monitoring visits shall be conducted concurrently with scheduled upland and riparian monitoring visits, as practicable. Upland species monitoring shall be conducted in July 201 1 to facilitate the requested California gnatcatcher and least Bell's vireo surveys. Findings of these surveys shall be provided, for inclusion with the ASR and Year Five Restoration Completion Report. This forms the basis of the effort, but Dudek understands that the City is in discussions with the agencies to modify the monitoring requirements, and we are able to rapidly revise our plan of attack to meet your evolving needs. SubtotalTask 2..................................................................................................................$32,34© TASK 3 REPORTING Annual monitoring data will be prepared and submitted to the City by December I of each monitoring year (six times, total). Annual monitoring data shall include all qualitative and quantitative monitoring data and graphics to support the development of the project's required ASR, and the Year Five Restoration Completion Report. It is noted that the first annual report data will be submitted 6 months following installation (June—November, 2011). Five interim biological monitoring reports are anticipated for December 2011 through 2015 with the final biological monitoring report to be submitted on December I, 2016. Field monitoring is anticipated to conclude in June 2016 at the 5 -year anniversary. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 8 Bill Ramsey Subject: Biological Monitoring for the 2C RonchlTrobuco Creek Habitat Restoration Annual report data supporting the biological monitor's work will include the results and analysis of all botanical and wildlife monitoring, project progress summary during the monitoring period, and all required data and analysis needed for evaluation against the project's set performance criteria. A summary of recommendations for site maintenance, remedial actions, or adaptive management strategies will be provided as needed. Data and summaries will be included in formats easily incorporated into each year's ASR and the Restoration Completion Report. Specific annual monitoring data shall include: + A list of names, titles, and companies of all persons who prepared the content of the biological monitor's annual monitoring report and participated in the monitoring activities for that year • Description of the site comparing conditions at the beginning to the conclusion of the annual monitoring period • The results of wildlife surveys and copies of any notification documentation from protocolsurveys • Data sheets from quantitative data collection, an analysis of data, and a discussion of results (Analysis and discussion will compare data to the established project success criteria and previous years' data. All data shall be presented in spreadsheet format suitable for inclusion in the ASR.) • Site observation reports from all qualitative monitoring visits that include a summary of all observations, including recent contractor maintenance, current site condition, and recommended maintenance • Summary of annual maintenance including container planting (by species replaced), as observed in the field or from data provided from the City • Recommendations for maintenance and remedial action for the next monitoring year (based on monitoring and collected data), including weed control, invasive removal, use of irrigation, replacement of/or additional planting, erosion control, and general maintenance • Photo -monitoring report; photos and completed photo log provided in digital format and presented in photo -sheet figures and photo -log table format suitable for inclusion in the ASR and the Final Restoration Completion Report • Maps (generated in geographic information system (GIS)) identifying monitoring areas, transects, and planting zones (Digital world data will be provided at the City's request.) • GPS points for all photo -monitoring stations and all transect locations. (This task will be billed at an Environmental Specialist I billing rate.) SubtotalTask 3.............................................................................................................$31,140.00 DUDEK 2C RanchlTrabuco Creek Habitat Restoration 9 Bill Ramsey Subject Biological Monitoring for the 2.0 RanchlTrabuco Creek Habitat Restoration Key Personnel Experience Dudek's team of restoration specialists will provide the primary biological monitoring work needed for this current project effort. The selected team members for this biological monitoring effort will be led by Stuart Fraser, senior habitat restoration project manager, who will serve as overall project manager. Mr. Fraser has managed mitigation site monitoring for a variety of upland and wetland habitat restoration projects throughout Southern California. He is currently managing the wetland and upland restoration projects in Orange County, including the Upper Chiquita Reservoir Project (coastal sage scrub and southern cactus scrub habitat), Lower Rosan Project (wetlands and riparian habitat), and Oso Creek Project (wetlands and riparian habitat). Mr. Fraser will be supported by team members who have local knowledge and experience, including specific experience in the design and implementation of native restoration projects. In addition, Dudek's biological resources staff and permitting specialists are also available should other specific needs arise that are unanticipated at this time. Figure I depicts how the team will interact with each other and with the City to complete the biological monitoring for this project. Following the organizational chart, brief resumes highlight team members' qualifications and relevant similar project experience. FIGURE I. TEAM ORGANIZATIONAL CHART DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 10 Bill Ramsey Subject: Biological Monitoring for the 2C Ranchffrobuco Creek Habitat Restoration Project Mike Sweesy, RLA Michael Sweesy is a registered landscape architect and habitat restoration specialist with 27 years' experience in landscape architecture and habitat restoration projects. Mr. Sweesy has designed restoration projects for wetlands creation and enhancement such as mulefat scrub, oak riparian forest, southern willow scrub, and vernal pools; sensitive upland habitats such as coastal sage scrub, chaparral, and native bunchgrass; and mitigation projects for endangered species such as the Quino checkerspot butterfly (Euphydryas editha quino), Palos Verdes blue butterfly (Glaucopsyche lygdamus polosverdesensis), California gnatcatcher, least Bell's vireo, and San Diego ambrosia (Ambrosia pumila). E D UeC A, T 10 N California Polytechnic State University, Pomona MLA, 1984 California Stare University, Fullerton BA, Geography, Emphasis in Plant Ecology, 1978 CEIRTIFi ATIONS Registered Landscape Architect (ILA) CA No. 3319 (issued 1990) PROP? 'SSIONAL AF"IL_ ATIOHS Society for Ecological Restoration Mr. Sweesy supervises the preparation of conceptual design, design development, and construction documentation for environmental projects. Mr. Sweesy's landscape architecture professional training and project experience allows him to prepare construction drawings and technical specifications that incorporate modern, state-of-the-art construction techniques to habitat restoration projects. Mechanized site preparation, seed application, and weed control techniques provide cost savings while maintaining high project quality. Mr. Sweesy is particularly attuned to addressing issues to avoid potential change orders and costly budget overruns and schedule extensions. During his 27 years of project experience, Mr. Sweesy has conducted construction administration and monitoring of project implementation for both permit and contract compliance. He has managed the biological monitoring for complex projects such as the Sorrento Valley Utilities Improvement Project in Penasquitos Lagoon, Miramar Raw Sludge and Reclaimed Water Pipelines Project, the Trump National Golf Course construction, and the City's Lower Rosan Wetland Mitigation. Through these projects he has developed a system for project documentation that provides continuity of monitoring over the life of the project. PROJECT MANAGER Stuart Fraser,. RLA Stuart Fraser is a registered landscape architect and habitat restoration specialist with 10 years' experience in landscape architecture, habitat restoration, and environmental compliance monitoring. Mr. Fraser has designed and monitored restoration projects for wetland creation and enhancement and upland habitats, such as coastal sage scrub and native bunchgrass. ED UC i; Pt California University Pomona MLA., Landscape Architecture, 2001 Humbo€dt State University BS, Wildlife Managernent, 1991 CER'TIFiC;Ai IONS His specialized expertise includes conceptual design, design Registered Landscape Architect: development, and construction document development, as well CA #5301 (issued 2067) as installation and long-term monitoring of restoration projects and environmental compliance for construction projects. He has specialized skills in the use of portable GPS equipment and computer-aided drafting and design (CADD) software in the preparation of biological inventories, site analysis mapping, the generation of conceptual design graphics, and development of irrigation and planting construction drawings. DUDEK 2C RanchlTrabuco Creek Habitat Restoration I I Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Mr. Fraser has managed projects similar to the 2C Ranch/Trabuco Creek Project, which include biological monitoring for the Lower Rosan—Arroyo Trabuco Revegetation Project, the RiverVillage — Exotic Removal/Conceptual Enhancement Plan for Newhall Land and Farming Company, and the Upper Chiquita Reservoir Emergency Storage Reservoir Project for the Santa Margarita Water District. WILDLIFE BIOLOGIST Brock Ortega Brock Ortega has 20 years' experience as a wildlife biologist. He brings extensive expertise to his project teams in many areas, including mitigation monitoring, permitting issues related to wetland resources and threatened or endangered species, wildlife biology and management, ecological assessment, environmental impact assessment and mitigation, habitat remediation, endangered species management plan authorship, and project management. Mr. Ortega has conducted over 20,000 hours of focused and general wildlife surveys during his professional career. Mr. Ortega is a recognized qualified surveyor for a number of listed and rare amphibian and mammal species and has federal permits for several species. He is U.S. Fish and Wildlife Service (USFWS)- authorized as an arroyo toad (Bu fo coli fornices) emergency handler; USFWS and CDFG-qualified to survey San Joaquin kit fox (Vulpes macrotis mutica) throughout its range; and USFWS- and U.S. Forest Service (USFS)-qualified to survey arroyo toad (Bufo colifomicus), California red -legged frog (Rana draytonii), mountain yellow -legged frog (Rana muscoso), and Coachella Valley fringe -toed lizard (Uma inomata) throughout their ranges. HABITAT RESTORATION SPECIALIST Jayme Timberlake Jayme Timberlake is a habitat restoration specialist with over 10 years' professional experience working in the environmental field. She specializes in habitat restoration and environmental analysis. She brings diverse experience to the project team, including mitigation monitoring, permit acquisition related to wetland resources and threatened or endangered species, wetland delineation, due diligence property assessment, environmental impact assessment using GIS applications, and project management. E UCATiON' Humboldt State University BS, Wildlife Biology and Management, 1991 C;�RTIFI AT4ONS USFWS Federal I Oa Survey Permit No. TE -813545-5 (exp. 11/2111,01 1): o California gnatcatcher surveys ® Least Bell's vireo surveys/nest monitoring « Southwestern willow flycatcher surveys « Quino checkerspot butterfly surveys • Fairy shrimp surveys ■ Mohave Ground Squirrel Chief Survey Permit PROFFSSIONAL AFFILIATIONS American Ornithologists' Union Association of Field Ornithoiogists Cooper Ornithological Society Wilson Ornithological Society The `Midlife Society ED{UCATIoN University of Miami, Florida MA, Coastal Zone Management and Marine Policy, 2007 University of CaVornia, Santa Barbara BA, Environmental Studies BA, Geography, 2001 PROFESSIONAL AFFILIA'TOMS AEP and Surfrider Foundadon Recently she completed graduate research on the implications of the Solid Waste Agency of North Cook County (SWANCC) and Rapanos Supreme Court cases on California's wetland resources. Currently, Ms. Timberlake is working on a variety of habitat restoration projects involving freshwater marsh, salt marsh, riparian,, urbanized/disturbed, chaparral, stream channel, and coastal sage scrub habitats. Her similar biological monitoring project work includes the Torrey Ranch Uplands Restoration Project in San Diego County, the Crossings at Carlsbad Golf Course Project for the City of Carlsbad, and biological monitoring for multiple Vista Unified School District sites. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 12 Bill Ramsey Subject: .Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Similar rj Dudek habitat restoration specialists and biologists have performed biological monitoring for municipalities throughout Southern California. Our team has completed biological surveys, including vegetation and sensitive species mapping for projects varying in size from 0.5 -acre parcels to over 28,000 acres. Our staff has significant scientific training in botany, mammalogy, herpetology, entomology, ornithology, spatial analysis, and uplands and wetlands restoration. We are particularly knowledgeable about regional, state, and federal permitting and compliance processes. We are experienced in collecting botanical data to document habitat restoration success, such as transects, quadrats, tree height measurements, population counts, habitat assessments, etc., from both mitigation areas and reference sites. Specifically, Dudek has completed similar restoration plans for cities involving the removal and control of all invasive, non-native plants, followed by planting California native species to establish a more diverse and multistoried native habitat. Examples of our work follow. C: � E N T e City of San Juan Capistrano Cs. €Ppsi R FFEKENC E: Douglas Dumhart, currently CommLmity Development Dr cEor for the City of La Palma, 7822 Walker Street, La Palma, California 94623; 714.694.3344 PROS EC I START AND C£�a� �3'L"i'iC� } p}�,TF 2003-2008 L`iu D K KEY PERSONIN L : Pani Walsh, projectmanager; Sherri Miller, resource agency coordination and permitting; Michael Sweosy, concepwal mitigation design; Stuarc Fraser, long-term blologic�A monitoring and reporting The Arroyo Trabuco wetlands mitigation project is located in the City of San Juan Capistrano, west of Interstate 5, within Arroyo Trabuco Creek and its flood plain. The project was permitted and implemented as mitigation for the wetlands impacts associated with the Lower Rosan Ranch site material stockpiling activities. Dudek prepared a conceptual mitigation plan and coordinated with the resource agencies in order to obtain the necessary resource agency permits. Once the permits were acquired, Dudek prepared construction plans and specifications that included weed eradication, irrigation, planting, seeding, and erosion control plans. Dudek performed construction monitoring, including pre -project wildlife surveys, during installation of the mitigation project, and coordinated closely with the City of San Juan Capistrano's project manager and the revegetation contractor to ensure the project was installed in accordance with the resource agency permit conditions and the construction documents. Dudek performed long-term biological monitoring services for the duration of the project. Monitoring activities have included regular quarterly qualitative monitoring of site conditions, vegetation health, and attainment of maintenance objectives. Quantitative monitoring was conducted to collect point -intercept transect data on an annual basis. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 13 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Vegetation data was analyzed and compared against performance criteria contained in the Final Mitigation and Monitoring Plan that was negotiated by Dudek on behalf of the City and approved by the resource agencies. The project met the established performance criteria and was accepted as successful by CDFG and ACOS; it is currently being reviewed for resource agency concurrence. VISTA UNIFIED SCHOOL DISTRICT MISSION VISTA (DUALMAGNET) HS PROJECT CLIENT" Vista Unified School District 41? REFERENCE Steve f'resiey, Facilities Manager, 12.34 Arcadia Ave., Vista, California; 0784-3404626, 760.726.2170 R0'IERCT START AND COMP3..E-rION DATE- 2004—Ongoing D L' D c- ie K r Y PER SO N N E. L : Stuart Fraser, project manager; Megan Enright, permitting; J ayme Timberlake, biological monitor Dudek provided environmental consulting services for the development of the 65 -acre Mission Vista (Dual Magnet) High School site, including assistance in the mitigation and preservation of a 14.2 -acre, off-site preserve area (Darwin Property). Services included conducting biological surveys, preparing a biological resources report, processing permits, preparation and implementation of upland and wetland restorations plan, and the preparation of a perpetual habitat management plan for both District sites. Mitigation from construction of the school was required for permanent and temporary impacts to coastal California gnatcatcher, least Bell's vireo, and southwestern willow flycatcher critical habitat. On-site mitigation included on-site restoration of 5.59 acres of coastal sage scrub habitat and 2.45 acres of native grassland habitat and enhancement of 6.8 acres of wetland within the adjacent San Luis Rey River through the removal of 4.0 acres of arundo (Arundo donax), Off-site mitigation included the preservation and revegetation of 14.2 acres of upland habitat at the Darwin Drive site. Dudek prepared all restoration and preservation documents for on-site and off-site mitigation, including upland and wetland conceptual restoration plans, construction plans and specifications, and perpetual habitat management plans. Dudek conducted all project environmental compliance monitoring, restoration installation monitoring, and is currently conducting long-term biological monitoring for both sites. The restoration of upland and wetland habitat is included in the 19.25 - acre Dual Magnet High School's open space preserve and the 14.2 -acre Darwin Drive Preserve. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 14 Bill Ramsey Subject: Biological Monitoring for the 2C Ranchl7rabuco Creek Habitat Restoration Project r CIIP,: Santa Margarita Water District (SMWD) CLirN"i REFErRENCE Bart Lantz, Construction Services Manager, 261 I 1 Antonio Parkway, Suite A, Rancho Santa Margarita, California 42688; 949,459.6 05 PROJECT START AND C OMPLET1QNi ATE: May 2007—Ongoing DUDEK KEYPERSONNEL: Stuart Fraser, project manager, Mike Sweesy, principal in charge; Jayme Timberlake, biological monitor; Karen Mullen and Britney xtrittrmater, biological monitors Dudek prepared an environmental impact report (EIR) in compliance with California Environmental Quality Act (CEQA), environmental compliance monitoring, restoration design and coordination for the subject Upper Chiquita Reservoir Emergency Storage Reservoir Project (ESP) for SMWD, Orange County's second-largest water district. Dudek provided environmental review of the technical plans and technical specifications package for reservoir construction to promote environmental compliance. Restoration work included development of a 20 -acre uplands conceptual mitigation plan for impacts to coastal sage scrub and southern cactus scrub; preparation of final pians and specifications for the salvage, temporary storage, and final placement of topsoil; as well as the salvage and translocation of existing cactus. Dudek provided biological monitoring during topsoil salvage and translocation of cactus, and environmental compliance monitoring during construction of the reservoir. Currently, Dudek is monitoring the placement of the topsoil and coordinating native seed collection for the post - construction restoration effort. SMWD's long-term planning identified the need for a domestic water storage reservoir to provide emergency storage for several water districts within southern Orange County. The reservoir is being constructed with an earth -fill dam with a surface area of approximately 15.4 acres and a storage capacity of approximately 720 acre-feet. Total project footprint is approximately 38 acres. The proposed reservoir was included in the South Orange County Subregion NCCP/Master Streambed Alteration Agreement/HCP and San Juan Creek and Western San Mateo Creek Watershed Special Area Management Flan. Dudek worked closely with staff from ASM and JMA (cultural resource monitoring) during the construction monitoring phase and developed efficient management relationships ensuring first-rate monitoring services. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 15 Bill Ramsey Subject: Biological Monitoring for the 2C Ranch/Trobuco Creek Habitat Restoration Project JOLT ANN LEICHTAG ELEMENTARYSCHOOL WETLANDS MITIGATION CIIJEN-r-. San Marcos Unified School District (SMUSD) CUENT Kathy Tanner, Executive Director of Facilities, 25S Picts Avenue, Suite 250, San Marcos, California 920689, 760.290,2650 After selecting its proposed elementary school's location, SMUSD discovered potential environmental constraints in the form of endangered plants, protected wetlands, and cultural resources. The 22 -acre school site is located adjacent to Agua Hedionda Creek, a former nursery, and an underground San Diego Gas & Electric easement. Potential issues with developing the elementary school at this site included hazards associated with constructing a school within a 100 - year floodplain, impacts to jurisdictional wetlands, hazardous materialslwaste associated with former agricultural fields, hazards associated with the proximity of a power easement, cultural resources, and endangered species. To evaluate potential effects to biological resources, Dudek conducted biological surveys, including vegetation mapping, a wetlands delineation, wildlife surveys, and rare plant surveys. Dudek conducted focused surveys for the state and federally listed least Bell's vireo and state -listed endangered southwestern willow flycatcher. Dudek conducted focused surveys for rare plants, including thread -leaved brodiaea (Brodiaea frfifolia S. Watson), San Diego thornmint (Aconthomintha ilicifofia), Orcutt's brodiaea (Brodiaea orcuttii), long-spined spineflower (Chorizanthe polygonoides var. longispina), and San Diego goldenstar (Muilla clevelandii). Dudek prepared a biological resources technical report and coordinated and conducted resource agency pre -application meetings. Dudek processed all necessary permits over a 2 -year period. Additionally, Dudek prepared conceptual mitigation plans for impacts to wetlands and to state - listed endangered thread -leaved brodiaea and oversaw implementation of the pians by Dudek's subsidiary, HRS. Dudek is currently providing long-term monitoring and reporting services for the project. Other technical services provided by Dudek include preparation of a Phase I Environmental Site Assessment, hydrology and water quality analysis, and noise study. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 16 Bill Ramsey Subject Biological Monitoring for the 2C Ranch/T'rabuco Geek Habitat Restoration Project CLIENT: City of Carlsbad ? I E N T R.EF E R iE N c E : Liz Ketabian, #I 799 Pine Avenge, Suite 200, Carlsbad, California 92008, 760.434.297$ PRO EST S7, A1' T AND COMPLETIoN DATE-. 2005 -Ongoing D U D E K KEY PERS0NNEL: Mike Sweesy and Stuart Fraser — Environrnental Compliance and Biological Long -Terre Monitoring . Compliance monitoring activities included limit of work fence verification; monitoring vegetation clearing and grubbing; limit of work compliance during all construction activities, including mass grading of 1.2 million cubic yards of soil; and installation of golf course irrigation, turf, and landscaping; and other golf course facilities. Dudek compiled a complete document record of construction compliance that formed the basis for the final compliance management report. A post -construction impact and mitigation acreage assessment was conducted using sub -meter GPS data. Dudek performed overall environmental compliance management and advised City staff on critical issues related to mitigation conditions contained in the FIR and environmental permits. Dudek monitored all phases of construction including archaeological and paleontological resources (through subconsultants), California gnatcatcher, sensitive habitats, water quality, Stormwater Pollution Prevention Plan (SWPPP)lerosion control, BMPs, fugitive dust, noise, hazardous materials, and limits of work. Dudek monitored the restoration and revegetation of over 80 acres of'coastal sage scrub habitat and the creation and enhancement of approximately 7 acres of federal and state jurisdictional wetlands. Dudek exhibited its capability to identify critical issues and provide resolutions under tight construction timelines. During golf course construction, Dudek monitors discovered one proposed mitigation site overlapped with a pre-existing wetlands mitigation project and supported coastal sage scrub habitat occupied by California gnatcatchers. Dudek advised the City to stop work in the area, located other wetlands mitigation sites supporting riparian vegetation, identified alternate wetland creation sites, designed new wetlands mitigation, and prepared construction drawings. Dudek provided these services on a schedule that allowed the contractor to complete this work on time to preserve the golf course opening date. DUDEK 2C Ranch/Trabuco Creels Habitat Restoration 17 Bill Ramsey Subject. Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project CL�eNT: City of Sanjuan Capistrano _I E W'l REQ!=ERE C E: William Rarnsey, AICP, Principal Pianner-, 32400 Paseo Ac elanto, San Juan Capistrano, California. 92675 PROJECT START AND COMPLETION CJAi-L: 2008 L,DEK KEY PEI SONNEL-, Ryan Henry—Projecc Manager Dudek was contracted by the City of San Juan Capistrano to provide planning -level and site-specific mapping of vegetation communities (natural habitat), invasive plant species, and sensitive plant and wildlife species within undeveloped, open space areas of the City. The information enhanced the City's open space database in support of funding efforts through an open space bond initiative and grant applications for Measure M. The City wanted to reevaluate its open space preservation effort and needed to update the existing vegetation community database generated during the development of the Orange County NCCP. The City also wanted to update its invasive and sensitive plant and wildlife species data on approximately 2,475 acres of undeveloped land 'within the City's boundaries. The mapping effort entailed two levels of research and investigations: Planning Level through aerial interpretation and data gathering from published documents, and Site -Specific Level through field verification within open space areas, O CREEK RESTORATION AND PROTECTION PROJECT CLIENT: City of Mission Viejo CLI' ET R PE <_ENJ C Ei Joe Ames, Associam Civil Engineer, #1 200 Civic Center, Mission 'Viejo, California 92691; 949.470.8419 PROJECT START AND COMPLETION CRATE: 2008—Ongoing S.1UJD` K KEY PERSONNEL: Stuar Fraser- Habitat Restoration The City of Mission Viejo contracted Dudek to provide a broad range of environmental consulting expertise to assist the City in the Oso Creek Restoration and Protection Project. The project consists of the installation of water quality structures (bioswales), removal of invasive plant species, and increasing public awareness of the impacts of urban runoff within the Oso and Jeronimo Creek watersheds. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 18 Bili Ramsey Subject Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Project Schedule Collect pre -project transect data June 20.11 Summer upland bird survey JulylSeptember.. 2011-2015 Monitor removal of invasive habitat (vegetation) — (as -needed) September—February 2011-2016 Fall upland bird survey:November 2011-2t}15 Monitor installation of native plantings -- (as -needed) October 2011--2015 Qualitative monitonng:of site progress — *-needed) October.2011=2015 Initial invasive animal species survey October 2011 Submit interim. biological monitoring annual reports to the project manager to November 20:11-2u15 support development of the ASR Riparian bird surveys (adjust schedule dates per agency requirements) January—July 2011-2016 Winter upland. bird survey Marc11201242016 Protocol surveys for target wildlife species March—June 20124.16 Invasive animal species.survey April -June 20124016 Spring upland bird survey May 2012--2016 Conduct Years One through Five photo -documentation June 2012-2016 Collect Year One through Five photo -monitoring and transect data June 2012-2016 Submit final biological monitoring annual report to theoro ect manager to November 2016 suppdrt development of the Final Restoration Comple.tion. ,Repoft: , DUDEK 2C RanchlTrabuco Creek Habitat Restoration 19 aR tj Q1 O OL G A w L QS .B RS Y px.. Uq W u ..Gf H L U C CC u fV Q3 d b.Q C 0 E td Q QJ t v v O Q a Y M Q1 td tui V Q ui U LU 0 CL M LU J C9 a UY ti Li I.Li N N 69 48- U') O O O N U-1 U-3 LO if] M co co e— ob co N � ui ui Lf1 co Ln O X m LO c O O G CL uy . tCy LCS £� Cb. Cn C, cn U3 c IU -6 cn cn 8 C � O W Q) Q Q) Q 47 Q7 C fII s;j .p cs F— ca m "' Z0 ¢r Qr a 0 _6 - CD CD O O.: M M'- 64 60A f LO L6 Ln in 'CY 'CY cC> � 0CN 0 CTi [ I to C � C C4 O -E O N CA OU C C3T _ N O '0 C �- O C 'vy (D - 7 E Q m a ¢ `v 7 N Iim m �. QL7 [6 @ > U Lo p 7 ^f ^` O �f C-4 00 B p Bilf Ramsey Subject: Biological Monitoring for the 2C Ranchlfrabuco Creek Habitat Restoration Project Dudek looks forward to supporting with technical biological monitoring, qualitative consultation to provide remedial maintenance recommendations and adaptive management strategies, and as - needed field monitoring services. Should you have any questions or wish to discuss this project further, please do not hesitate to contact me at 760.479.4274 or sfraser@dudek.com. Sincerely, Stu raser Senior Project Manager June"C,ollins, AICP Executive Vice President/Environmental Services Manager Note: ,lune Collins is authorized to bind Dudek. This proposal shall remain valid for 90 calendar days upon receipt of proposal. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 21 San Diego 605 Third Street Encinitas, CA 92024 800.450,1818 Orange County 31878 Camino Capistrano, #200 San Juan Capistrano, CA 92675 949,45O,2525 ONle ME Inland Empire 1650 Spruce Street, Suite 240 Riverside, CA 92507 951.300.2100 Coach ell a Valley 40-004 Cook Street, Suite 4 PAm Desert, CA 9221 1 760,341.6660 `in fo@dudek.corn Los Angeles 25124 Spri ngfield Ct,, Suite 2 10 Santa Clarita, CA 91355 661.7053399 Central Coast 621 Chapala Street Santa Barbara, CIA 93101 805.963.0651 Sacramento 980 9ch Street, 16th Floor Sacmmento, CA 95814 91 &.443,8335 Auburn 1 1641 Blocker Dr,, Suite 240 Auburn, CA 95603 530.885.8232 fa-ce book. comidudeknews Kristen Lewis From: Kristen Lewis Sent: Monday, July 11, 2011 11:15 AM To: Bill Ramsey Subject: Dudek PSA Attachments: Dudek PSA.pdf Hello, Attached is the executed Personal Services Agreement for Dudek. Let me know if you have any questions, Thank you! Kristen Utvis (4ty tit San Juan Capistrano 32400 Pasco Mcfanto San Juan Captsaano. CA 92675 949J 443-6308 � (;949) 493-1053 taX 32400 PA5E�0 ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. san juaneapistrano.org TRANSMITTAL TO: Dudek Attn: Mike Sweesy / Stuart Fraser 505 Thirds Street Encinitas, CA 92024 DATE; July 11, 2011 1---, IN X, � �lklo' J00=11 11MM FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement -- Biological Monitoring Services for the 2C RanclTrabuco Creek Habitat Restoration Plan Thank you for maintaining 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 call me at (949) 443-6310. If you have questions concerning the agreement, please contact William Ramsey, AlCP, Principal Planner at (949) 443-5334. Cc: William Ramsey, AICP, Principal Planner San .Juan Capistrano. Preserving the Past to Enhance the Future Today's Date: CIP No. (if any): iezt) Project Manager's Last Name: Council or CRA Meeting Date (if applicable): _ APPROVING AUTHORITY: (Check One) ® Mayor Transmittal Routing (Check All That Apply) City Attorney City Manager City Clerk Is 'ham wets ypaveA 0� 612- 1 have I Ac, t, A M'(41 rtes PM ED ) O b � IZ,J CRA Chair CC mud City Manager W �av Ma tib ('YA ( rLea/-1-C. Provide (1) executed original contract for each �a"� VA, regiment is to be recorded — only (1) original will be recorded with c -VAW�&kV5 o Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Name(s__ Street Cite St Zi OTHER INSTRUCTIONS: VAL,�I&Ekdt �tw7,- i Form Date: 01-2004 D - 7 - 715!2011 MINUTES .June 21, 2011 �� SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Allevato called the Regular Meeting of the City Council to order at 5:02 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor, Mayor pro tem Larry Kramer, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None PUBLIC COMMENT: None CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54956.9(x), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Cachia vs. City of San Juan Capistrano. b. Pursuant to Government Code Section 54956.9(a), the City Council confered with legal counsel pertaining to existing litigation in the matter of City of San Juan Capistrano v. State of California. Dept. of Transportation (Caltrans). c. Pursuant to Government Code Section 54957(b), the City Council conducted a public employee performance evaluation of the City Clerk. d. Pursuant to Government Code Section 54957.6, the City Council conferred with its labor negotiators (City Council Committee) as to salary, compensation and terms of employment of an unrepresented employee. The affected unrepresented employee is the City Clerk. BUSINESS SESSION: Mayor Allevato called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:09 p.m, in the City Council Chamber. Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Freese gave the invocation. Alyssa Monji, Capistrano Valley Christian School, performed "America the Beautiful°' COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor, Mayor pro tern Larry Kramer and Mayor Allevato Council Action: Moved by Council Member Freese, seconded by Mayor pro tern Kramer, and carried unanimously to approve a one-year Personal Services Agreement with Team Econolite for maintenance of City -owned traffic signals, safety lights, lighted crosswalks and battery backup systems, with the option for four additional one-year renewals; and City Manager authorized to execute the documents on.. behalf of the City, 10, PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR BIOLOGICAL MONITORING SERVICES FOR THE GRANT -FUNDED 2C RANCH/TRABUCO CREEK HABITAT RESTORATION PLAN IN AN AMOUNT NOT TO EXCEED $95,130 TO BE FUNDED SOLELY BY THE $1,500,000 OCTA M2 ENVIRONMENTAL MITIGATION PROGRAM (EMP) GRANT, THE $150,000 CAI -.TRANS COOPERATIVE AGREEMENT, AND THE $100,000 STATE HABITAT CONSERVATION FUND (2009) PROGRAM GRANT, APPROVED;' (600.30) ROLL CALL: AYES. COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Reeve ABSENTCOUiVCIL MEMBER: None 11. TEMPORARY EXTENSION REQUEST FROM SAN JUAN CAPISTRANO LITTLE LEAGUE OF EVENING BALL FIELD LIGHTING USE ON AS -NEEDED BASIS UNTIL 10:00 P.M. FROM JUNE 25 THROUGH JULY 21, 2011 AT THE SPORTS PARK, HAUSDORFER, APPROVED (92020) 12. AMENDMENT NO, 1 TO THE JOINT AGREEMENT BETWEEN THE CITIES OF SAN CLEMENTE, ALISO VIEJO, DANA POINT, LAGUNA HILLS, LAGUNA NIGUEL, RANCHO SANTA MARGARITA, SAN JUAN CAPISTRANO AND TUSTIN FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM, APPROVED (600.50) ROLL CALL: AYES: COUNCIL MEMBER NOES` COUNCIL MEMBER ABSENT: COUNCIL MEMBER PUBLIC HEARINGS: Freese, Taylor, Kramer and Mayor Allevato Reeve None CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJECT WITH STROSCHER G3, LLC — CONTINUED TO JUNE 30, 2011 (600,30) Mayor Allevato opened the public hearing and invited testimony Public Testimony: • Gretchen Stroscher, Strocher G#, LLC, introduced The Robert Green Company the project's developer. ® Robert Green, The Robert Green Company, provided a PowerPoint presentation providing information and accomplishments of his company. 7 6/21/2011 6/21/2011 MEMORANDUM D1 0 TO: Dave Adams, Interim City Manager FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of a Professional Services Agreement with Dudek for Biological Monitoring Services for the Grant -Funded 2C Ranch/Trabuco Creek Habitat Restoration Plan, RECOMMENDATION By motion, that City Council authorize the City Manager to execute a 5 -Year Professional Services Agreement with Dudek for biological monitoring services of the grant -funded 2C Ranch[Trabuco Creek Habitat Restoration Plan in an amount not to exceed $95,130 to be funded solely by the $1,500,000 OCTA M2 Environmental Mitigation Program (EMP) Grant, the $150,000 Caltrans Cooperative Agreement, and the $100,000 State Habitat Conservation Fund (2009) Program Grant. SITUATION In 2008, OCTA allocated $243.5 million to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program (MRPP) and allocated $237.2 million to provide a competitive grant process through the Environmental Cleanup Program to help local agencies clean up highway and street runoff and meet Clean Water Act standards. Both programs are administered by oversight committees to make recommendations to the OCTA Board of Directors on how each program is to be designed and implemented. In September 2009, the City retained Derek Ostensen & Associates to provide grant writing and open space conservation services with a focus on securing Measure M grants for habitat restoration and land acquisition. As a result of the efforts of Derek Ostensen & Associates and the advocacy of Townsend Public Affairs, on September 27, 2010, the Orange County Transportation Authority (OCTA) Board of Directors awarded the City a $1.5 million habitat restoration grant. The City has also entered into a $150,000 cooperative agreement with Caltrans and has also received a $100,000 State Habitat Conservation Fund Program grant. In later December 2010, the City began implementation of the 2C Ranch/Trabuco Creek Habitat Restoration Plan. The $1.5 million OCTA habitat restoration grant provides for funding a 53 -acre habitat restoration effort involving both riparian and upland habitat along the west side of Trabuco Creek on City -owned open space lands. As a requirement of the City's contract with OCTA, biological monitoring is required in order to document the progress of the habitat restoration effort, support adaptive management restoration activities to improve the Agenda Report Paae 2 June 21. 2011 effectiveness of the restoration, and ultimately, to assure that the habitat restoration planning effort meets the success criteria established by the contract with OCTA. The City solicited a Request for Proposals (RFP) and received responses from ten firms for the provision of biological monitoring services and conducted interviews with all ten firms by a panel of three including two City staff persons and the City's project manager on the 2C Ranch/Trabuco Creek Habitat Restoration Plan. The interviews and Request for Proposals (RFP) process was administered pursuant to City Council Poly 111, Consultant Selection. As a result of that interview process, the City's interview panel narrowed the field of prospective firms to the top four and subsequently conducted field visits of habitat restoration projects where the firm provided biological monitoring services. As a result of those field visits/interviews, the panel narrowed the field down to the top two candidate firms and after further discussions and reference checks, concluded that Dudek most closely met the City's consulting needs and demonstrated the experience, capability and motivation to complete the required biological monitoring services. Consequently, staff recommends that the City Council award the contract for biological monitoring services for the 2C Ranch/Trabuco Creek Habitat Restoration Plan to Dudek. FINANCIAL CONSIDERATIONS OCTA's $1,500,000 habitat restoration and enhancement award does not require a commitment of City matching funds. However, the City has supplemented the scope of the restoration plan and budget to include funding from the following sources: A $150,000 contract with Caltrans approved by City Council in July 2010 to fund habitat restoration improvements along Trabuco Creek. 0 A $100,000 Year 2009 Habitat Conservation Fund Program grant. A $100,000 Orange County Conservation Corps CALGRIP (California Gang Reduction, Intervention & Prevention) Grant for trail improvement and habitat restoration labor (Note: the Orange County Conservation Corps (OCCC) is providing $170, 000 in field work including invasive removal and herbicide application at a cost of $70, 000 to the City paid with OCTA M2 grant funds.) Between the $1.5 million OCTA restoration award, the $150,000 Caltrans funds, the $100,000 State Habitat Conservation Fund Program grant, and the $100,000 Conservation Corps grant, the implementation of the restoration project is being fully grant funded and will require no direct costs by the City. i Public notification is provided through posting of the meeting agenda. In addition, notification has been provided to; Agenda Report Page 3 June 21 2011 RBF Consulting, Inc. AMSC RECON Environmental, Inc. BonTerra Consulting, Inc. PCR RECOMMENDATION Dudek LSA Associates, Inc. Douglas Kent & Associates Environmental Intelligence UltraSystems By motion, that City Council authorize the City Manager to execute a 5 -Year Professional Services Agreement with Dudek for biological monitoring services of the grant -funded 2C Ranch/Trabuco Creek Habitat Restoration Plan in an amount not to exceed $95,130 to be funded solely by the $1,500,000 OCTA M2 Environmental Mitigation Program (EMP) Grant, the $150,000 Caltrans Cooperative Agreement, and the $100,000 State Habitat Conservation Fund (2009) Program Grant. Respectfully submitted, Grant Tay or Development Services Department Prepared by: Q� �7 William A. Ramsey, AICP Principal Planner Attachment: Professional Services Agreement with Dudek, 2C Ranch-Trabuco Creek Habitat Restoration Plan Biological Monitoring. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of June, 2011, by and between the San Juan Capistrano (hereinafter referred to as the "City") and Dudek (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's need to secure biological monitoring services for the 2C Ranch/Trabuco Creek Habitat Restoration Plan, and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to a notice of termination issued per Section 15 (Termination) of this agreement, or prior to December 31, 2015, whichever occurs first. The City may periodically assess the performance of consultant to assure that the 2C Ranch/Trabuco Creek Habitat Restoration Plan implementation is maintaining consistency with Orange County Transportation Authority (OCTA) guidelines. Annually, City shall conduct a performance review of Consultant work performed under the terms of this agreement and the approved scope -of -work (SOW) to assure that all Consultant work has met or exceeded the standards for performing said work, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $95,130 (ninety-five thousand, one -hundred and thirty dollars and no cents) as set forth in ATTACHMENT 1 Exhibit 'A" attached and incorporated herein by reference if Consultant provides a cost proposal or rate schedule. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For additional services not part of this Agreement, a written authorization from City is required prior to Consultant undertaking such services. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. 1► Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E«Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http:/Iwww.uscis.gov, or access the registration: page at https://e-verify.uscis.gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. 3 Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at [east one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good 0 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 ($1,000,000m). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following; Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14,5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, 5 except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to 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. 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 Ramsey, AICP, Principal Planner To Consultant: Dudek 605 Third Street Encinitas, CA 92024 Attn.: Mike Sweesy 1 Stuart Fraser Section 17. Attorneys' Fees. If any action at law or in equity. is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. I. Section 18. Diispute. Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Dave Adams, Interim City Manager CONSULTANT In Print Name: .: June 13, 2011 PREPARED FOR PREPARED BY City of San Juan Capistrano Dudek Attn: Bill Ramsey,AICP, 605 Third Street Principal Planner Encinitas, California 92024 .32400 Paseo Adelanto 800.450.1818 San Juan Capistrano, California 92675 www.dudel<..com !" 3"9;,'34%.'; nN,.9 ,0 F G.63"?,:}i�';� June 13, 2011 City of San Juan Capistrano Attn: Bill Ramsey, AICP, Principal Planner 32400 Paseo Adelanto San Juan Capistrano, California 92575 Subject. Biological Monitoring for the 2C inch/Trabuco Creek Habitat Restoration Project Dear Mr, Ramsey: Dudek is pleased to provide you with this proposal for biological monitoring for the 2C. Ranch/Trabuco Creek Habitat Restoration Project. Having performed many projects of a similar nature in the local area, such as base mapping on the Trabuco Creek (Lower Rosan) Wetlands Mitigation Project, our project team is knowledgeable and familiar with the needs and environmental constraints of this project. INSMc. THIS PROPOSAL Statement of Understanding........... I Approach............................................. 2 Key Personnel Experience............ 10 Similar Project Experience............ 13 Project Schedule .............................. 19 Project Budget..................................20 Our team will promote the original biological intent of the project compliance with the requirements of the 2C Ranch/Trabuco Creek Restoration and Enhancement Plan (Restoration and Enhancement Plan; City of San Juan Capistrano 2010). Team members can perform the requested biological monitoring tasks in a timely and cost-effective manner, and provide adaptive management strategies through coordination with City of San Juan Capistrano (City) staff and the maintenance contractor to achieve the goals established for the project. We are committed to meeting and exceeding your expectations. Statement of Understanding Dudek understands the City's request for the services of a biological monitor to provide restoration and wildlife monitoring services to assist in achieving the goals established in the Restoration and Enhancement Plan. Goals for the project include improving habitat quality for riparian plants and wildlife within 14 acres of Trabuco Creek and associated transitional zones, improving habitat quality for coastal sage scrub plants and wildlife species within 40 acres of upland hillside, and strengthening the Trabuco Creek Wildlife Linkage through adaptive management and comprehensive data collection. We understand this is a grant -funded effort that is not mitigation, so there is greater flexibility to achieve the project goals. Dudek understands that the City project manager will actively monitor the progress of the site through regular qualitative monitoring and oversight of restoration contractor activities. The Dudek biological monitor will. support the City by offering technical biological monitoring, qualitative consultation to provide remedial maintenance recommendations and adaptive management strategies, and as -needed field monitoring services. Bili Ramsey Subject Biological Monitoring for the 2C Ranchl7'rabuco Creek Habitat Restoration Project Dudek staff is well versed in the existing conditions and natural processes that provide challenges and opportunities for restoration at this project site. In 2008, Dudek worked on the initial site .assessment for the 2C RanchlTrabuco Creek Restoration Project by completing the habitat and wildlife .study of the project area and adjacent open space for the City. Dudek authored the restoration plan, and conducted all installation and long-term biological monitoring for the adjacent Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off -Site Wetland Mitigation Project, which included restoration of 9.72 acres of wetland and transitional habitat that was heavily infested with giant reed (Arundo donax). Successful completion of this project was accepted by the U.S. Army Corps of Engineers (ACOS) and California Department of Fish and Game (CDFG) in the spring of 2008. Proposed principal in charge, Michael Sweesy, RLA, served as the project manager, and proposed project manager, Stuart Fraser, RLA, served as the primary biological monitor for long-term monitoring through completion. Proposed team member, jayme Timberlake, assisted with biological monitoring. Further enhancing their understanding of restoration processes and challenges that will likely be encountered on this project, Dudek staff have played key roles in several similar efforts throughout Orange and San Diego counties. Mr. Fraser currently serves as the project manager for the Upper Chiquita Reservoir Project (Santa Margarita Water District) and Oso Creek Restoration and Protection Project (City of Mission Viejo). Both projects include a significant restoration component, with the Upper Chiquita Project including over 25 -acres of upland restoration. Ms. Timberlake serves as a biological monitor and restoration specialist on both projects. Mr. Fraser and Ms. Timberlake served as biological monitors on the Crossings Golf Course in Carlsbad, California (City of Carlsbad), with Mr. Sweesy serving as the principal in charge. Approach Technical biological monitoring will include botanical data collection and analysis of data, and conducting wildlife surveys to monitor the progress of the restoration and enhancement efforts. Dudek will actively review and analyze the results of field -collected data and surveys throughout the project to maintain up-to-date tracking of project progress. Project performance tracking will alert the project manager if remedial action is necessary, since project success is determined by achieving project success criteria. Dudek will conduct qualitative evaluation of the project site during all site visits. Qualitative evaluation shall consist of visual assessment of native vegetation establishment and evaluation of maintenance efforts, with recommendations for remedial measures provided to the project manager to ensure project success. An annual qualitative field assessment is proposed for the spring of each monitoring year (in conjunction with annual transect data collection and photo -documentation). Following a comprehensive site visit and evaluation by a biologist specializing in habitat restoration, a site observation report shall be provided summarizing current project status, which includes maintenance recommendations to guide contractor maintenance or implement remedial measures. In accordance with the requested scope, one scheduled annual qualitative restoration field assessment is included annually in the spring, but additional qualitative monitoring and a site observation report format will be provided during as -needed invasive vegetation removal monitoring. The option for a fall qualitative restoration field assessment and contractor coordination is outlined in the attached scope of work. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 2 Bill Ramsey Subject: Biological Monitoring for the 2C RonchlTrabuco Creek Habitat Restoration Project TASK I RESTORATION MONITORING Task I a Photo-onitarisn and Documentation Photo -monitoring will be conducted annually to provide a record of restoration progress through the entirety of the restoration program. Photo -monitoring stations will be established, and initial monitoring shall be conducted upon project implementation in the spring of 2011. Photo - monitoring shall continue annually at the conclusion of each monitoring year through Year Five (six times, total). A photo -log form will be developed that includes permanent data specific to each photo station and data specific to the monitoring visit. Permanent photo -log information shat[ include a general site description and features, photo point location (latitude, longitude), direction (compass bearing), angle, height, and camera lens information in order to replicate conditions between monitoring years. Conditions specific to the monitoring year shall include the photographer's name, date, time, weather conditions (temperature, wind speed, and direction; cloud cover/precipitation), and a brief description of the subject (vegetation, wildlife). Photo -monitoring stations shall be selected in locations that provide distant views across large expanses of the project site, or areas susceptible to change (i.e., invasive vegetation stands or active stream channels). In addition to project overview photo -documentation stations, established quantitative data collection stations (coastal sage scrub and riparian transects) shall be utilized as photo -documentation stations, as well. Utilizing transect photos will provide a visual record of quantitative transect data results. During photo -documentation station establishment, a Global Positioning System (GPS) photo camera and sub -meter GPS unit will be used to record exact position and compass bearing of each photo point (latitude and longitude). GPS units with uploaded world data will be utilized in subsequent years to replicate photo position and direction accuracy. Digital GPS world data and compass declination will be provided to the City in order to create a photo -location base map. Task I b Botanical(Quantitative) Monitoring - Quantitative botanical monitoring shall consist of annual data collection in both the riparian and coastal sage scrub restoration areas though the use of established transects. Upon project implementation Qune 2011), the permanent vegetation transects shall be established and initial data recorded to establish baseline data. Data will continue to be collected at the conclusion of every monitoring year for the Five Year restoration program (six times, total). Baseline data shall be used to provide cover values for comparison with project progress at each established transect station for the duration of the project. Transect locations will be recorded using a sub -meter GPS unit, with coordinates provided to the City in digital format and plotted on a site plan. The survey methodology developed by Deutschman and Strahm (2009) shall be used for annual data collection in the coastal sage scrub restoration areas (Deutschman and Strahm 2009. Vegetation Community Survey Report 2009; Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Biological Monitoring Program, April 23, 2010). Ten 50 -meter permanent point -intercept transects shall be established and data recorded, including the cover type at ground level and plant species that intercept each transect at I -meter intervals. Percentage cover of each plant species and cover type will be visually estimated within a I -meter quadrat at 5 - meter intervals, alternating along the transect tape. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration Bilf Ramsey Subject: Bioiogicai Monitoring for the .2C Ranchffrobuco Creek Habitat Restoration Project Quantitative vegetative data collection in the Riparian restoration- areas shall consist of data collected along permanent transects placed perpendicular to the .riparian corridor, where possible. Sixteen 20 -meter, permanent, point -intercept transects shall be established and data recorded, including the cover type at ground level and plant species intercepting the transect at 0.5 -meter intervals. Each vegetation species that intercepts the projected line shall be recorded by presence, total cover, and density by recording presence in each of the three vertical strata layers; herbaceous (0 to I meter), shrub (I to 2 meters) or canopy (>2 meters). The survey methodology of vertical stratification data collection along the established transect was selected as an alternative to the proposed methodology (stacked cube), because it provides an accurate and cost-effective evaluation of riparian canopy development, primarily for wildlife cover, foraging and nesting habitat, including nesting habitat for the federally listed least bell's vireo (Vireo beffii pusiffus). Additional data to be collected within the 5 -meter -wide "species richness" zone includes all plant species present and the height and girth of all riparian tree species, All field -collected data will be analyzed and compared to performance criteria established for this project and as recommended by Dudek. Data and comparison of monitoring results shall be presented to the City in a spreadsheet for analysis and inclusion in the biological monitor's annual report Photo stations (with logged GPS coordinates) shall be established at the starting point of each transect. Photos shall be taken annually from these fixed locations and included in the photo - monitoring report. Digital world data shall be provided to the City. 'ask Ic Botanical uaat tine) Monitoring Qualitative monitoring shall be conducted in conjunction with the annual biological monitoring visit in the spring of the monitoring year (six times, total), Qualitative monitoring is conducted to provide an overall characterization of the project area, including progress toward restoration goals and to evaluate the performance of the maintenance contractor. General observations noted include the prevalence of annual weeds and invasive species, condition of planted container plants, germination of applied seed, recruitment of native plant species, condition and function of the irrigation system, and any general maintenance issues. A site observation report will be generated following each qualitative monitoring visit and shall provide a brief summary of project progress, identify specific problem areas and propose potential treatments, and if needed, shall be shown graphically on a map of the project area for management purposes. Site observation reports shall be provided in a format suitable for use in the project manager's annual status report (ASR). Horticultural Monitoring-, Dudek will review the general health of the container plants, applied seed mix, and other naturally recruiting native plants in the uplands and riparian restoration areas during each site visit. Plant health observations will focus on soil moisture content, evidence of new growthlenv iron mental stress, and the presence of pests. The general establishment and development of the intended native habitat will be observed and noted. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 4 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrobuco Creek Habitat Restoration Project Supplemental Irrigation. Dudek will review the use of supplemental irrigation through a developed system or by hand watering. Irrigation issues that attribute to container plant stress/mortality, limited seedling germination, and natural recruitment and site erosion will be evaluated. Recommendations for development of an appropriate irrigation strategy including watering frequency, duration, and expansion of the system will be made for coordination with the maintenance contractor. Weed/Exotic Vegetation Control. Weed growth will be monitored to ensure that weeds and target invasive species are being adequately controlled. Dudek will note weed and exotic species that need to be removed and make a recommendation on methods of removal/control. Dudek's in-house certified pest control adviser can assist with specific herbicide recommendations, when necessary. Erosion Control. Dudek will note any erosion problems in the coastal sage scrub slopes and the riparian areas, including slope stability and riverbed migration. Recommendations to remedy unnatural or excessive erosion damage through the installation of best management practices (BMPs) will be made. Pest Control. Dudek will monitor for insect infestations and herbivore damage (gophers, ground squirrels, rabbits, etc.) during each monitoring visit. A determination of the relative level of threat to the overall habitat development will be made when pests are detected. Dudek will inform the client of conditions that could limit or reduce the success of habitat development and make a recommendation for treatment or control. Trash and Debris Removah Dudek will monitor accumulations of trash and debris on site. Areas of trash and debris accumulation will be noted in the monitoring reports for removal by the maintenance contractor. Vandalism and Unauthorized Public Use. Dudek will note and report observation of any on- site damage attributed to public use or vandalism, the presence of off-road vehicles, homeless encampments, or any downed fencing or open gates. If the City requests the use of the biological monitor for invasive habitat removal (Task I d), general qualitative monitoring of restoration progress will be provided in addition to invasive monitoring at no additional cost above the time and rate established for the as -needed invasive biological monitoring. SubtotalTasksla—c..........................................................................................................$31,550 Task 1 d AdditionalBotanical (Qualitative) onit ring(Optional Task) Qualitative restoration monitoring will be conducted annually in the spring of the monitoring year. To assist the City with biological monitoring services that best achieve the goals stated in this project, Dudek recommends increasing the qualitative monitoring visits to biannually in the early stages of the project or if the project fails to achieve the interim success criteria in Years Three through Five. An additional comprehensive qualitative monitoring visit is recommended in the fall of the monitoring year. Increasing the qualitative monitoring visits allows additional oversight of the restoration project progress, allowing the biological monitor to identify potential problems and adapt the management strategy, as needed. A site observation report will be included following each monitoring cycle. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 5 Bill Ramsey Subject, Biological Monitoring for the 2C Ranchffrobuco Creek Habitat Restoration Project Additional benefits of a scheduled fall qualitative monitoring visit include: • Coordinating with the restoration contractor for initial and remedial native planting • Evaluating and recommending areas for invasive removal (scheduled for September through February) • Evaluating the riparian areas at the peak of the growing season • Providing accurate site assessment prior to submittal of the biological monitor's annual report, The addition of the fall qualitative monitoring visit will be conducted by a biological monitor specializing in habitat restoration. Monitoring can include specific recommendations or a full survey of restoration progress throughout the site (as described in Task I c). Task E e invasive Habitat Removal Monitoring (Optional Task) As described in the project scope of work, invasive vegetation control is anticipated for three times per year outside of the breeding season. Dudek shall provide a biological monitor to be present during all invasive removal cycles, as requested by the City. The biological monitor shall be qualified to identify sensitive native habitat and be able to direct work crews to avoid impacts outside of authorized work areas. The biological monitor will provide a brief site observation report following the monitoring cycle describing the removal work. Dudek feels that presence of the biological monitor on site provides the opportunity to evaluate site progress and to identify and report any deficiencies to the City. A general evaluation of site conditions with any identified shortcomings and recommendations for maintenance for the. restoration contractor will be included in the site observation report. Related to the wildlife monitoring components addressed in Sections 11 D and E of the request for proposal (RI=P), Dudek will perform the requested services as outlined for upland species (including California gnatcatcher (Polioptila californica) and other target species), riparian species (including least Bell's vireo and other target species), and invasive species (including brown -headed cowbirds (Molothrus ater) and other target species). Dudek is well equipped to perform all work outlined: • Dudek has a long history with all of the listed species, having maintained federal permits for all of the relevant species since their respective listings (California gnatcatcher, least Bell's vireo nest monitoring, southwestern willow flycatcher (Empidonox traillii extimus)) and having surveyed for them successfully throughout their range. • Dudek has employed very similar point -count methods for a variety of projects and clients, including the San Diego National Wildlife Refuge Point Count Study for game birds and mammals, Rancho Mission Viejo Land Trust, Orange County Southern Subregion Natural Community Conservation Plan (NCCP), San Diego County Parks (six preserves), various wind projects, and others. • Dudek has conducted similar studies to document wildlife breeding use of habitat restoration areas, including Trump National Golf Course (documented California gnatcatcher breeding pairs increase from 3 to 17 pairs); Carlsbad Golf Course (documented California gnatcatcher breeding pairs increase from 5 to 12 pairs); and others. • Dudek has been instrumental in writing, reviewing, and implementing several habitat conservation plans (HCPs) that required review or design of the latest state-of-the-art survey techniques to accomplish project goals. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 6 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project The stated goal of the upland monitoring component is to assess the distribution, relative abundance, and breeding activity for the focal species and group. For purposes of this study, it is anticipated that the target group would include California gnatcatcher, but would also include Anna's hummingbird (Calypte anno), California thrasher (Toxostoma redivivum), house finch (Carpodacus mexicanus), northern mockingbird (Mimus polyglottos), and rufous -crowned sparrow (Aimophila ruficeps) in order to conform to a pilot study for the Rancho Mission Viejo Land Trust that is currently underway. This would not result in additional effort or cost, but would potentially allow for additional comparative analysis to be completed at the end of this monitoring effort. As directed, surveys for upland birds will be conducted by using point -count surveys four times per year (according to season), with each site visited two times per season. Point -count monitoring will record species and relative abundance within a given area, and counts will begin at dawn. Of course, surveys will only be conducted during clement conditions. Because of the small extent of the study area and its configuration, Dudek believes that only four point -count stations would be required. Typically, biologists can count and identify bird species to at least 500 feet. Four stations should provide more than adequate coverage. The stations would be staked in the field and GPS used for repeatability over the duration of the study. The time spent at each point -count station can vary widely, depending on the focus of the effort, but typically they are within the 3- to 15 - minute range. For this study, Dudek proposes to perform 10 -minute point counts. The RFP also suggests that there would be a need to adhere to accepted survey protocols; Dudek believes that this is not necessary to satisfy the goals of this effort, and the resulting additional cost to coordinate with the wildlife agencies and submit additional year-end reports would not be warranted. Modified focused surveys will be conducted for California gnatcatcher and Least Bell's vireo during the appropriate season. During point -count surveys, Dudek will document every individual detected, their sex, behavior (e.g., foraging, territorial display, nesting behavior, transit, etc.), their compass direction, and distance. Other factors may be added as determined through discussions with the City after contract award. During the study, a comprehensive list of species detected will be gathered. As directed, surveys for riparian birds will be conducted along systematic survey routes, monitoring all portions of the riparian habitat. The survey route will be marked in the field through temporary flagging and GPS -identified waypoints. This route will be designed to cover both sides of the creek in an "up -and -back" fashion. While surveying the route, biologists will identify all species using the habitat and their relative abundance (i.e., numbers detected during each survey), and quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher, yellow -breasted chat (icteria virens), Cooper's hawk (Accipiter cooperii)) using the habitat for nesting. Specific nest searches will not be conducted in order to be cost-effective. Instead, biologists will note any obvious nesting behavior (e.g., territorial display, transferring nest material, fecal sacs, food) and the approximate location of the activity. Surveys will be conducted at varying times of the morning (i.e., will begin within I hour after sunrise and end by noon) on three separate occasions between March and July, with at least 7 days between visits. Surveys will not be conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95' Fahrenheit (F) or X40°F or with winds >I 0 miles per hour). Taped vocalizations will be minimized since they require additional agency coordination, reporting, and expense. Territories (singing males) and nest locations shall be mapped as detected. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 7 Bill Ramsey Subject Biological Monitoring for the 2C RanchlTrobuco Creek Habitat Restoration Project Based on the supplement to the RFP, it appears that nest fate is no longer required as part of this scope, but Dudek is able to add this back in if desired. Dudek has successfully performed monthly nest status checks for select species in habitat restoration monitoring situations. While not optimal, one can develop a quantification of the minimum number of eggs laid and chicks fledged. As directed, invasive animal species (e.g., brown -headed cowbirds, bullfrogs (Rana catesbeiano), African clawed frogs (Xenopus loevis), red fox (Vuipes vulpes), and feral cats) will be monitored throughout the restoration project. Dudek believes that this task can be accomplished cost- effectively while performing the other monitoring studies. All are easily detectable and would not require additional effort to survey or map. In summary, Dudek will perform 5 years of monitoring for both upland species and riparian species. This will consist of four I 0 -minute point -count stations, surveyed four times per year (20 visits) for upland species, and one transect, surveyed three times per year (15 visits) for riparian species. Invasive species will be noted during both efforts. To be cost-effective, an example schedule is anticipated to resemble the following: March — Upland/Riparian May — Upland/Riparian July— Riparian/Upland (Year 1) September—Upland (Years .2-5) November — Upland Additionally, 3 California gnatcatcher and 4 least Bell's vireo focused visits shall be conducted at project start (July 2011), with 3 California gnatcatcher and 4-6 least Bell's vireo focused conducted at project completion (Spring 2016). Focused monitoring visits shall be conducted concurrently with scheduled upland and riparian monitoring visits, as practicable. Upland species monitoring shall be conducted in July 2011 to facilitate the requested California gnatcatcher and least Bell's vireo surveys. Findings of these surveys shall be provided, for inclusion with the ASR and Year Five Restoration Completion Report. This forms the basis of the effort, but Dudek understands that the City is in discussions with the agencies to modify the monitoring requirements, and we are able to rapidly revise our plan of attack to meet your evolving needs.. Subtotal Task 2..................................................................................................................$31,340 TASK 3 REPORTING Annual monitoring data will be prepared and submitted to the City by December I of each monitoring year (six times, total). Annual monitoring data shall include all qualitative and quantitative monitoring data and graphics to support the development of the project's required ASR, and the Year Five Restoration Completion Report, It is noted that the first annual report data will be submitted 6 months following installation (June—November, 2011). Five interim biological monitoring reports are anticipated for December 2011 through 2015 with the final biological monitoring report to be submitted on December 1, 2016. Field monitoring is anticipated to conclude in June 2016 at the 5 -year anniversary. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Annual report data supporting the biological monitor's work will include the results and analysis of all botanical and wildlife monitoring, project progress summary during the monitoring period, and all required data and analysis needed for evaluation against the project's set performance criteria. A summary of recommendations for site maintenance, remedial actions, or adaptive management strategies will be provided as needed. Data and summaries will be included in formats easily incorporated into each year's ASR and the Restoration Completion Report. Specific annual monitoring data shall include: • A list of names, titles, and companies of all persons who prepared the content of the biological monitor's annual monitoring report and participated in the monitoring activities for that year • Description of the site comparing conditions at the beginning to the conclusion of the annual monitoring period • The results of wildlife surveys and copies of any notification documentation from protocolsurveys • Data sheets from quantitative data collection, an analysis of data, and a discussion of results (Analysis and discussion will compare data to the established project success criteria and previous years' data. All data shall be presented in spreadsheet format suitable for inclusion in the ASR.) • Site observation reports from all qualitative monitoring visits that include a summary of all observations, including recent contractor maintenance, current site condition, and recommended maintenance • Summary of annual maintenance including container planting (by species replaced), as observed in the field or from data provided from the City • Recommendations for maintenance and remedial action for the next monitoring year (based on monitoring and collected data), including weed control, invasive removal, use of irrigation, replacement of/or additional planting, erosion control, and general maintenance • Photo -monitoring report; photos and completed photo log provided in digital format and presented in photo -sheet figures and photo -log table format suitable for inclusion in the ASR and the Final Restoration Completion Report • Maps (generated in geographic information system (GIs)) identifying monitoring areas, transects, and planting zones (Digital world data will be provided at the City's request.) • GPS points for all photo -monitoring stations and all transect locations. (This task will be billed at an Environmental Specialist I billing rate.) SubtotalTask 3............................................................................................................. $31,240.00 DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 9 Bill Ramsey Subject,• Biological Monitoring for the ZC Ranch/Trabuco Creek Habitat Restoration Project Key Personnel ri Dudek's team of restoration specialists will provide the primary biological monitoring work needed for this current project effort. The selected team members for this biological monitoring effort will be led by Stuart Fraser, senior habitat restoration project manager, who will serve as overall project manager. Mr. Fraser has managed mitigation site monitoring for a variety of upland and wetland habitat restoration projects throughout Southern California. He is currently managing the wetland and upland restoration projects in Orange County, including the Upper Chiquita Reservoir Project (coastal sage scrub and southern cactus scrub habitat), Lower Rosan Project (wetlands and riparian habitat), and Oso Creek Project (wetlands and riparian habitat). Mr. Fraser will be supported by team members who have local knowledge and experience, including specific experience in the design and implementation of native restoration projects. In addition, Dudek's biological resources staff and permitting specialists are also available should other specific needs arise that are unanticipated at this time. Figure I depicts how the team will interact with each other and with the City to complete the biological monitoring for this project. Following the organizational chart, brief resumes highlight team members' qualifications and relevant similar project experience. FIGURE 1. TEAM ORGANIZATIONAL. CHART DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 10 Bill Ramsey Subject Biological Monitoring for the 2C Ranchffrabuco Creek Habitat Restoration Project Mike Sweesy, RLA Michael Sweesy is a registered landscape architect and habitat restoration specialist with 27 years' experience in landscape architecture and habitat restoration projects. Mr. Sweesy has designed restoration projects for wetlands creation and enhancement such as mulefat scrub, oak riparian forest, southern willow scrub, and vernal pools; sensitive upland habitats such as coastal sage scrub, chaparral, and native bunchgrass; and mitigation projects for endangered species such as the Quino checkerspot butterfly (Euphydryas editha quino), Palos Verdes blue butterfly (Glaucopsyche lygdarnus polosverdesensis), California gnatcatcher, least Bell's vireo, and San Diego ambrosia (Ambrosia pumila). ,)UCATio;v California Polytechnic State University, Pomona MLA, 1984 California State University, Fullerton BA, Geography, Emphasis in Plant Ecology, 1978 t_ERTIFiCl T IONS Registered Landscape Architect (RLA) CA No. 3319 (issued 1990) PROrESS OVAL AFFILIATIONS Society for Ecological Restoration Mr. Sweesy supervises the preparation of conceptual design, design development, and construction documentation for environmental projects. Mr. Sweesy's landscape architecture professional training and project experience allows him to prepare construction drawings and technical specifications that incorporate modern, state-of-the-art construction techniques to habitat restoration projects. Mechanized site preparation, seed application, and weed control techniques provide cost savings while maintaining high project quality. Mr. Sweesy is particularly attuned to addressing issues to avoid potential change orders and costly budget overruns and schedule extensions. During his 27 years of project experience, Mr. Sweesy has conducted construction administration and monitoring of project implementation for both permit and contract compliance. He has managed the biological monitoring for complex projects such as the Sorrento Valley Utilities Improvement Project in Penasquitos Lagoon, Miramar Raw Sludge and Reclaimed Water Pipelines Project, the Trump National Golf Course construction, and the City's Lower Rosan Wetland Mitigation. Through these projects he has developed a system for project documentation that provides continuity of monitoring over the life of the project. PROJECT MANAGER Stuart Fraser, RLA Stuart Fraser is a registered landscape architect and habitat restoration specialist with 10 years' experience in landscape architecture, habitat restoration, and environmental compliance monitoring. Mr. Fraser has designed and monitored restoration projects for wetland creation and enhancement and upland habitats, such as coastal sage scrub and native bunchgrass. EDUCATION California University Pomona MLA, Landscape Architecture, 2041 Humboldt State University BS, Wildlife Management, 1991 CFKT'FICATIONS His specialized expertise includes conceptual design, design i C Registered ister#53d (ss Landed 20471 scape Architect development, and construction document development, as well as installation and long-term monitoring of restoration projects and environmental compliance for construction projects. He has specialized skills in the use of portable GPS equipment and computer-aided drafting and design (CADD) software in the preparation of biological inventories, site analysis mapping, the generation of conceptual design graphics, and development of irrigation and planting construction drawings. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 11 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Mr. Fraser has managed projects similar to the 2C Ranch/Trabuco Creek Project, which include biological monitoring for the Lower Rosan—Arroyo Trabuco Revegetation Project, the RiverVillage — Exotic Removal/Conceptual Enhancement Plan for Newhall Land and Farming Company, and the Upper Chiquita Reservoir Emergency Storage Reservoir Project for the Santa Margarita Water District. WILDLIFE BIOLOGIST Brock r Brock Ortega has 20 years' experience as a wildlife biologist. He brings extensive expertise to his project teams in many areas, including mitigation monitoring, permitting issues related to wetland resources and threatened or endangered species, wildlife biology and management, ecological assessment, environmental impact assessment and mitigation, habitat remediation, endangered species management plan authorship, and project management, Mr. Ortega has conducted over 20,000 hours of focused and general wildlife surveys during his professional career. Mr. Ortega is a recognized qualified surveyor for a number of listed and rare amphibian and mammal species and has federal permits for several species. He is U.S. Fish and Wildlife Service (USFWS)- authorized as an arroyo toad (Bu fo californicus) emergency handler; USFWS and CDG -qualified to survey San Joaquin kit fox (Vuipes macrotis manta) throughout its range; and USFWS- and U.S. Forest Service (USPS) -qualified to survey arroyo toad (Bufo californicus), California red -legged frog (Rana draytonii), mountain yellow -legged frog (Rana muscosa), and Coachella Valley fringe -toed lizard (Uma inornata) throughout their ranges. J y e Timberlake Jayme Timberlake is a habitat restoration specialist with over 10 years' professional experience working in the environmental field. She specializes in habitat restoration and environmental analysis. She brings diverse experience to the project team, including mitigation monitoring, permit acquisition related to wetland resources and threatened or endangered species, wetland delineation, due diligence property assessment, environmental impact assessment using GIS applications, and project management. EDUCATION Humboldt State University BS, Wildlife Biology and Management, 1991 CERTIFICATIONS USFWS Federal I Oa Survey Permit No. TE -813545-5 (exp. 1 1 /21 /201 1): • California gnatcatcher surveys • Least Bell's vireo surveys/nest monitoring • Southwestern willow flycatcher surveys • Quino checkerspot butterfly surveys • Fairy shrimp surveys • Mohave Ground Squirrel Chief Survey Permit PROFMiONAL AFFILIATIONS American Ornithologists' Union Association of Field Ornithologists Cooper Ornithological Society Wilson Ornithological Society The Wildlife Society EDUCATION University of Miami, Florida MA, Coastal Zone Management and Marine Policy, 2007 University of California, Santa Barbara BA, Environmental Studies BA, Geography, 2001 PROFFSSIONAL AFFILIATIONS AEP and Surfrider Foundation Recently she completed graduate research on the implications of the Solid Waste Agency of North Cook County (SWANCC) and Rapanos Supreme Court cases on California's wetland resources. Currently, Ms. Timberlake is working on a variety of habitat restoration projects involving freshwater marsh, salt marsh, riparian, urbanized/disturbed, chaparral, stream channel, and coastal sage scrub habitats. Her similar biological monitoring project work includes the Torrey Ranch Uplands Restoration Project in San Diego County, the Crossings at Carlsbad Golf Course Project for the City of Carlsbad, and biological monitoring for multiple Vista Unified School District sites. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 12 Bill Ramsey Subject: Biological Monitoring for the 2C RonchlTrabuco Creek Habitat Restoration Project Similar Project Experience Dudek habitat restoration specialists and biologists have performed biological monitoring for municipalities throughout Southern California. Our team has completed biological surveys, including vegetation and sensitive species mapping for projects varying in size from 0.5 -acre parcels to over 28,000 acres. Our staff has significant scientific training in botany, mammalogy, herpetology, entomology, ornithology, spatial analysis, and uplands and wetlands restoration. We are particularly knowledgeable about regional, state, and federal permitting and compliance processes. We are experienced in collecting botanical data to document habitat restoration success, such as transects, quadrats, tree height measurements, population counts, habitat assessments, etc., from both mitigation areas and reference sites. Specifically, Dudek has completed similar restoration plans for cities involving the removal and control of all invasive, non-native plants, followed by planting California native species to establish a more diverse and multistoried native habitat. Examples of our work follow. CLIENT : City of San Juan Capistrano CLIENT REFERF Ciw: Douglas Dumhart, currently Community Development Director for the City of La Palma, 7822 Walker Street, La Palma, California 90623; 714,690,3340 PROJiECT START AND COMPLETION DATE: 2003-2008 DUDEK KEY PERSONNEL: Paul Walsh, project manager; Sherri Miller, resource agency coordination and permitting; Michael Sweesy, conceptual mitigation design; Stuart Fraser, long-term biological monitoring and reporting The Arroyo Trabuco wetlands mitigation project is located in the City of San Juan Capistrano, west of Interstate 5, within Arroyo Trabuco Creek and its flood plain. The project was permitted and implemented as mitigation for the wetlands impacts associated with the Lower Rosan Ranch site material stockpiling activities. Dudek prepared a conceptual mitigation plan and coordinated with the resource agencies in order to obtain the necessary resource agency permits. Once the permits were acquired, Dudek prepared construction plans and specifications that included weed eradication, irrigation, planting, seeding, and erosion control plans. Dudek performed construction monitoring, including pre -project wildlife surveys, during installation of the mitigation project, and coordinated closely with the City of San Juan Capistrano's project manager and the revegetation contractor to ensure the project was installed in accordance with the resource agency permit conditions and the construction documents. Dudek performed long-term biological monitoring services for the duration of the project. Monitoring activities have included regular quarterly qualitative monitoring of site conditions, vegetation health, and attainment of maintenance objectives. Quantitative monitoring was conducted to collect point -intercept transect data on an annual basis. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 13 Bill Ramsey Subject: Biological Monitoring for the 2C Ranchl7'robuco Creek Habitat Restoration Project Vegetation data was analyzed and compared against performance criteria contained in the Final Mitigation and Monitoring Plan that was negotiated by Dudek on behalf of the City and approved by the resource agencies. The project met the established performance criteria and was accepted as successful by CDFG and ACOE; it is currently being reviewed for resource agency concurrence. VISTA UNIFIED SCHOOL DISTRICT MISSION VISTA (DUALMAGNET) HS (PROJECT CLIENT: Vista Unified School District CLIENT ErEPENcE: Steve Presley, Facilities Manager, 1234 Arcadia Ave., Vista, California; 084-3404626, 760.726.2170 PROJECT START AND COMPLETION DATE= 2004—Ongoing DLJDEls KEY PERSONNEL: Stuart Fraser, project manager; Megan Enright, permitting; jayme Timberfake, biological monitor Dudek provided environmental consulting services for the development of the 65 -acre Mission Vista (Dual Magnet) High School site, including assistance in the mitigation and preservation of a 14.2 -acre, off-site preserve area (Darwin Property). Services included conducting biological surveys, preparing a biological resources report, processing permits, preparation and implementation of upland and wetland restorations plan, and the preparation of a perpetual habitat management plan for both District sites. Mitigation from construction of the school was required for permanent and temporary impacts to coastal California gnatcatcher, least Bell's vireo, and southwestern willow flycatcher critical habitat. On-site mitigation included on-site restoration of 5.59 acres of coastal sage scrub habitat and 245 acres of native grassland habitat and enhancement of 6.8 acres of wetland within the adjacent San Luis Rey River through the removal of 4.0 acres of arundo (Arundo donax). Off-site mitigation included the preservation and revegetation of 14.2 acres of upland habitat at the Darwin Drive site. Dudek prepared all restoration and preservation documents for on-site and off-site mitigation, including upland and wetland conceptual restoration plans, construction plans and specifications, and perpetual habitat management plans. Dudek conducted all project environmental compliance monitoring, restoration installation monitoring, and is currently conducting long-term biological monitoring for both sites. The restoration of upland and wetland habitat is included in the 19.25 - acre Dual Magnet High School's open space preserve and the 14.2 -acre Darwin Drive Preserve. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 14 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration UPPER CH IQUITA RESERVOIR HABITAT RESTORATION PLAN CLIENT: Santa Margarita Water District (SMWD) CLIENT REFERENCE: Bart Lantz, Construction Services Manager, 261 1 1 Antonio Parkway, Suite A, Rancho Santa Margarita, California 92688; 949.459.6505 PROJECT START AND COMPLETION DATE: May 2007—Ongoing DUDEK KFY r EKSCaNNEL, Stuart Fraser, project manager; Mike Sweesy, principal in charge; Jayme Timberlake, biological monitor; Karen Mullen and Britney Strittmater, biological monitors Dudek prepared an environmental impact report (EIR) in compliance with California Environmental Quality Act (CEQA), environmental compliance monitoring, .restoration design and coordination for the subject Upper Chiquita Reservoir Emergency Storage Reservoir Project (ESP) for SMWD, Orange County's second-largest water district. Dudek provided environmental review of the technical plans and technical specifications package for reservoir construction to promote environmental compliance. Restoration work included development of a 20 -acre uplands conceptual mitigation plan for impacts to coastal sage scrub and southern cactus scrub; preparation of final plans and specifications for the salvage, temporary storage, and final placement of topsoil; as well as the salvage and translocation of existing cactus. Dudek provided biological monitoring during topsoil salvage and translocation of cactus, and environmental compliance monitoring during construction of the reservoir. Currently, Dudek is monitoring the placement of the topsoil and coordinating native seed collection for the post - construction restoration effort. SMWD's long-term planning identified the need for a domestic water storage reservoir to provide emergency storage for several water districts within southern Orange County. The reservoir is being constructed with an earth -fill dam with a surface area of approximately 15.4 acres and a storage capacity of approximately 720 acre-feet. Total project footprint is approximately 38 acres. The proposed reservoir was included in the South Orange County Subregion NCCP/Master Streambed Alteration Agreement/HCP and San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan. Dudek worked closely with staff from ASM and JMA (cultural resource monitoring) during the construction monitoring phase and developed efficient management relationships ensuring first-rate monitoring services. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 15 Bill Ramsey Subject: Biological Monitoring for the 2C RonchlTrabuco Creek Habitat Restoration Project ,OLI ANN LEICHTAG ELEMENTARY SCHOOL WETLANDS MITIGATION CLIENT: San Marcos Unified School District (SMUSD) CLIENT REFERENCE: Kathy Tanner, Executive Director of Facilities, 255 Pico Avenue, Suite 250, San Marcos, California 920609, 760.290.2650 PROJECT START AND COMPLETION DATE: May 2006—Ongoing DUDEK KEY P RSONi tEL: Andy Thomson, project manager and rare plant mitigation task manager; Stuart Fraser, wetland mitigation task manager; Chris Oesch, biological monitor The joli Ann Leichtag project is an example of a comprehensive environmental services contract that Dudek provided . for SMUSD. Dudek prepared an EIR, conducted biological surveys, processed permits, developed supporting reports and documentation, and prepared plans and specifications for the wetlands and rare plant mitigation. Additionally, Dudek's subsidiary, Habitat Restoration Sciences Inc. (HRS), constructed and maintains the wetlands and rare plant mitigation designs. After selecting its proposed elementary school's location, SMUSD discovered potential environmental constraints in the form of endangered plants, protected wetlands, and cultural resources. The 22 -acre school site is located adjacent to Agua Hedionda Creek, a former nursery, and an underground San Diego Gas & Electric easement. Potential issues with developing the elementary school at this site included hazards associated with constructing a school within a 100 - year floodplain, impacts to jurisdictional wetlands, hazardous materials/waste associated with former agricultural fields, hazards associated with the proximity of a power easement, cultural resources, and endangered species. To evaluate potential effects to biological resources, Dudek conducted biological surveys, including vegetation mapping, a wetlands delineation, wildlife surveys, and rare plant surveys. Dudek conducted focused surveys for the state and federally listed least Bell's vireo and state -listed endangered southwestern willow flycatcher. Dudek conducted focused surveys for rare plants, including thread -leaved brodiaea (Brodiaeo filifolia S. Watson), San Diego thornmint (Acanthomintho ilicifolia), Orcutt's brodiaea (Brodiaeo orcuttii), long-spined spineflower (Chorizanthe polygonoides var. longispina), and San Diego goldenstar (Mu6fla clevelondii). Dudek prepared a biological resources technical report and coordinated and conducted resource agency pre -application meetings. Dudek processed all necessary permits over a 2 -year period. Additionally, Dudek prepared conceptual mitigation plans for impacts to wetlands and to state - listed endangered thread -leaved brodiaea and oversaw implementation of the plans by Dudek's subsidiary, HRS. Dudek is currently providing long-term monitoring and reporting services for the project. Other technical services provided by Dudek include preparation of a Phase I Environmental Site Assessment, hydrology and water quality analysis, and noise study, DUDEK 2C RanchlTrabuco Creek Habitat Restoration 16 Sill Ramsey Subject. Biological Monitoring for the 2C RanchITrabuco Creek Habitat Restoration Project C L I E I` T& City of Carlsbad CLIENT REFERENCE: Liz Ketabian, #I 799 Pine Avenue, Suite 200, Carlsbad, California 92008, 760.434.2978 PRO 'iECT STAR T AND COMPLE''IoN DATF, 2005—Ongoing DuDEK KEY PERSONNEL, Mike Sweesy and Stuart Fraser—Environmental Compliance and Biological Long -Term Monitoring Compliance monitoring activities included limit of work fence verification; monitoring vegetation clearing and grubbing; limit of work compliance during all construction activities, including mass grading of 1.2 million cubic yards of soil; and installation of golf course irrigation, turf, and landscaping; and other golf course facilities. Dudek compiled a complete document record of construction compliance that formed the basis for the final compliance management report. A post -construction impact and mitigation acreage assessment was conducted using sub -meter GPS data. Dudek performed overall environmental compliance management and advised City staff on critical issues related to mitigation conditions contained in the EIR and environmental permits. Dudek monitored all phases of construction including archaeological and paleontological resources (through subconsultants), California gnatcatcher, sensitive habitats, water quality, Stormwater Pollution Prevention Plan (SWPPP)/erosion control, BMPs, fugitive dust, noise, hazardous materials, and limits of work. Dudek monitored the restoration and revegetation of over 80 acres of coastal sage scrub habitat and the creation and enhancement of approximately 7 acres of federal and state jurisdictional wetlands. Dudek exhibited its capability to identify critical issues and provide resolutions under tight construction timelines. During golf course construction, Dudek monitors discovered one proposed mitigation site overlapped with a pre-existing wetlands mitigation project and supported coastal sage scrub habitat occupied by California gnatcatchers. Dudek advised the City to stop work in the area, located other wetlands mitigation sites supporting riparian vegetation, identified alternate wetland creation sites, designed new wetlands mitigation, and prepared construction drawings. Dudek provided these services on a schedule that allowed the contractor to complete this work on time to preserve the golf course opening date. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 17 Bill Ramsey Subject Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project I IR CLIENT: City of San Juan Capistrano CLIENT REFED ENCe: William Ramsey, AICP, Principal Planner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675 PROJECT START AND COMPLETION DOTE: 2008 UDEK KEY PERSONNEL: Ryan Henry— Project Manager Dudek was contracted by the City of San Juan Capistrano to provide planning -level and site-specific mapping of vegetation communities (natural habitat), invasive plant species, and sensitive plant and wildlife species within undeveloped, open space areas of the City. The information enhanced the City's open space database in support of funding efforts through an open space bond initiative and grant applications for Measure M. The City wanted to reevaluate its open space preservation effort and needed to update the existing vegetation community database generated during the development of the Orange County NCCP. The City also wanted to update its invasive and sensitive plant and wildlife species data on approximately 2,475 acres of undeveloped land within the City's boundaries. The mapping effort entailed two levels of research and investigations: Planning Level through aerial interpretation and data gathering from published documents, and Site -Specific Level through field verification within open space areas. OSO CREEK RESTORATION AND PROTECTION PROJECT CUNT: City of Mission Viejo C.IAENT REFERENCE: Joe Ames, Associate Civil Engineer, #1 200 Civic Center, Mission Viejo, California 92691; 949,470.8419 PROJECT STAPT AND CC11` FLETfON DATE: 2008—Ongoing Dur�EK KEY PERSONNEL: Stuart Fraser - Habitat Restoration The City of Mission Viejo contracted Dudek to provide a broad range of environmental consulting expertise to assist the City in the Oso Creek Restoration and Protection Project. The project consists of the installation of water quality structures (bioswales), removal of invasive plant species, and increasing public awareness of the impacts of urban runoff within the Oso and Jeronimo Creek watersheds. DUDEK 2C RanchlTrabuco Creek Habitat Restoration 18 Bill Ramsey Subject: Biological Monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project Dudek anticipates the following schedule (Table 2) to complete the biological monitoring for the 2C RanchlTrabuco Creek Habitat Restoration Project. TABU 2. PROJECTED SCHEDULE Establish photo -monitoring stations and provide locations to the City. Develop June 2011 photo -log form for use throughout project Collect pre -project photo -monitoring data June 2011 Establish monitoring transects in coastal sage scrub and riparian project areas June 2011 Collect pre -project transect data June 2011 Summer upland bird survey July/September 2011-2015 Monitor removal of invasive habitat (vegetation) — (as -needed) September—February 2011-2016 Fall upland bird survey November 2011-2015 Monitor installation of native plantings — (as -needed) October 2011-2015 Qualitative monitoring of site progress -- (as -needed) October 2011-2015 Initial invasive animal species survey October 2011 Submit interim biological monitoring annual reports to the project manager to November 2011-2015 support development of the ASR Riparian bird surveys (adjust schedule dates per agency requirements) January—July 2411-2016 Winter upland bird survey March 2012-2016 Protocol surveys for target wildlife species March—June 2012-2016 Invasive animal species survey April—June 2012-2016 Spring upland bird survey May 2012-2016 Conduct Years One through Five photo -documentation June 2012-2016 Collect Year One through Five photo -monitoring and transect data June 2012--2016 Submit final biological monitoring annual report to the project manager to November 2016 support development of the Final Restoration Completion Report DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 19 C) ca LO LD Lo so f (4 Q Co LQ tf] LO µ9 13 Q QJ 64 64 ;?3i, V7 � O O b Of x r 4o OLO C:> o o a N 4f> .— <D E3 64 N Q N Q 0 .....: E o ::..,..: u 0 if? �F m ca a a Q �' 7 � iFl Qt- 00 to ¢ co 00 0 VIA C CN oe N fiR 0 Ln 6A3 CCf tl-QO Ln CN Ln G7 C O Ln Off CO V' C' Lo C 0 f1E C CL X u> Q r- (4 Q 0) LQ tf] LO Cn 13 Q QJ 67 B p Ln V7 �o cn LUL Of x } Lo Of x r 4o _ o D o o a C N .— — 0 d} N Q N Q 0 0 E o 0 u 0 ca. �F m ca a a Q �' 7 [O Qt- ¢i` ¢ 0 f1E C CL 0 0 C o r N � p 'E QJ C O x �o CNx cn LD D V 2O Q c n > a E o oc ca. a a Q �' 7 [O 0 f1E Bill Ramsey Subject: Biological Monitoring for the 2C RanchI rabuco Creek Habitat Restoration Project Dudek looks forward to supporting with technical biological monitoring, qualitative consultation to provide remedial maintenance recommendations and adaptive management strategies, and as - needed field monitoring services. Should you have any questions or wish to discuss this project further, please do not hesitate to contact me at 760.479.4274 or sfraser@dudek.com. Sincerely, Stua raser i Senior Project Manager June ollins, AICD Executive Vice President/Environmental Services Manager Note; .lune Coffins is authorized to bind Dudek, This proposal shad remain valid for 90 calendar days upon receipt of proposal. DUDEK 2C Ranch/Trabuco Creek Habitat Restoration 21 32400 VA8&;„ AMLA 3 O SAHA)AN rAVtGT1QAN0, CA 9267S 1x;49! AS a 171 sflqf� N7 NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN ,JUAN CAPISTRANO CITY COUNCIL SAMA. LeV T WRA 'PARK, w L8EN The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 21, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of a Professional Services Agreement with Dudek for Biological Monitoring Services for the Grant - Funded 2C Ranch/Trabuco Creek Habitat Restoration Plan" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and spearing to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 6:00 p.m. on Monday, June 20, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member William A. Ramsey, AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivan_capistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(c-D-san'uancapistrano.oru. Maria Morris, CMC City Clerk cc: RBF Consulting, Inc.; AMSC; RECON Environmental, Inc.; BonTerra Consulting, Inc.; PCR; Dudek; LSA Associates, Inc.; Douglas Kent & Associates; Environmental Intelligence; UltraSystems Christz Jaid From: Christy Jakl Sent: Tuesday, ,lune 28, 20112:14 PM To: Sill Ramsey Cc: Ayako Rauterkus Subject: RE: SJC 2C Restoration Our office has not received the two original Dudek contracts for execution. When will we be receiving these? Thanks! Christi Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax From. Bill Ramsey Sent: Tuesday, June 28, 2011 11:12 AM To: 'Stuart Fraser' Cc: Christy Jakl; Tiffany Pate Subject: RE: SJC 2C Restoration (JK. Thanks Stu Bill Ramsey, AICP, Principal Planner Development Services Department (949) 443-6334 1 x6334 From: Stuart Fraser [mailto:sfraser@dudek.com] Sent: Tuesday, June 28, 20118:38 AM To: Bill Ramsey Cc: Christy Jaki; Tiffany Pate Subject: RE: SJC 2C Restoration Thanks Bill — Tiffany, our Project Accountant provided the info yesterday (attached). I think we are on track, unless Christy has any questions or additional needs. See you Thursday, Stu From: Bili Ramsey[mailto:BRamsey@sanjuancapistrano.org] Sent: Tuesday, June 28, 20118:35 AM To: Stuart Fraser Cc: Christy Jakl Subject: RE SJC 2C Restoration Thanks Stu: Please have your folks provide the insurance Certs to the City Clerk's office to Christy Ja l's attention. Bill Ramsey, AICP, Principal Planner Development Services Department (949) 443-6334 1 x6334 From; Stuart Fraser [mailto:sfraser c@ dudek.com] Sent: Friday, June 24, 20119:15 AM To: Bill Ramsey; Christina Gomez Cc: Derek Ostensen (dostensen@hotmail.com); Christy Jakl; Ayako Rauterkus; Grant Taylor Subject: RE: SJC 2C Restoration go Thursday afternoon is fine for me. I have informed our accounting department to provide you with the necessary insurance and other paperwork to issue the P.O. The wheels are in motion. Thanks, Stu STUART FRASER Habtar Restoration pe-JalisURLA'45301 DUDEK 60S THIRI, STRFFT Et ANI AS, CA.L1PORNiA 92024 T )60,479,4)74 F (012,9976 ` oblic 760.685.3630 WWW.D DEkCOM PLEASE NOTE, Dudd< uses an email iilter to clean viruses and filter 5pa.rn. Please take the time to verify receipt of any important or time -sensitive email sent to us. From. Bill Ramsey[mailto:BRamsey@sanjuancapistrano.org] Sent: Thursday, .June 23, 20115:26 PM To: Christina Gomez Cc: Stuart Fraser; Derek Ostensen (dostensen@hotmail.com); Christy Jakl; Ayako Rauterkus; Grant Taylor Subject: FW: SJC 2C Restoration Hi Stuart: The contract was approved on the consent calendar on Tuesday evening, no questions asked. As this point, you'll need to get your insurance certificates and e -verify form to the City Clerk's office so we can authorize issuance of a P.O. and be in a position to give you a Notice to Proceed and pay future invoices. Christina: Please call Stuart tomorrow and arrange a kick-off meeting on the 2C Ranch/Trabuco Creek Habitat Restoration Plan Bio - Monitoring for next week. Derek has indicted that Thursday (6-30) afternoon would work for hire and that's good for me. If that works for Stuart, we're good -to -go. Otherwise, please work on setting up an alternative date/time. If you need to contact Derek for alternative dates/times, his number is (949) 683-4683. Thanks. Bill Ramsey, AICP, Principal Planner Development Services Department (949) 443-6334 / x6334 From: Stuart Fraser [mailto.sfraser@dudek.com Sent: Thursday, June 23, 2011 11:41 AM To: Bill Ramsey Subject. SJC 2C Restoration Bill, I am following up on Tuesday's City Council meeting to find out if our proposal was approved by the Council? If all is a -go, Let me know what we need to do to get the project underway. Thanks, Stu STUART FRASER Hpbitar Restoration Spe WiW LA 95501 DUDEK ENGiNEE3tIS G + Stet IKONMENTM. 60.5 THIRD STREET ENCNITA,S, CALIFORNIA 92024 T 760.A9_A274 F 760342.9975 MODi3L 760.685.3630 WWW, DUDEKL_QM PLEASE OTE: Dudek rises an email filter to clean viruses and filter Sparr;. Picric take the time to verify receipt of any important or time-sensidve. entail seat ro us. This footnote confirms that this email message has been scanned by PineApp Mail. -Secure for the presence of malicious code, vandals & computer viruses. This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses. Chris JAI From: Bill Ramsey Sent: Thursday, .lune 23, 2011 5:26 PM To: Christina Gomez Cc: Stuart Fraser (sfraser@dudek.com); Derek Ostensen (dostensen@hotmail.com); Christy Jakl; Ayako Rauterkus; Grant Taylor Subject: FW: SJC 2C Restoration Hi Stuart: The contract was approved on the consent calendar on Tuesday evening, no questions asked. As this point, you'll need to get your insurance certificates and e -verify form to the City Clerk's office so we can authorize issuance of a P.O. and be in a position to give you a Notice to Proceed and pay future invoices. Christina: Please call Stuart tomorrow and arrange a kick-off meeting on the 2C Ranch/Trabuco Creek Habitat Restoration Plan Bio - Monitoring for next week. Derek has indicted that Thursday (6-30) afternoon would work for him and that's good for me. If that works for Stuart, we're good -to -go. Otherwise, please work on setting up an alternative date/time. If you need to contact Derek for alternative dates/times, his number is (949) 683-4683. Thanks. Bill Ramsey, AICD, Principal Planner Development Services Department (949) 443-6334 / x6334 From: Stuart Fraser mailto:sfraser@dudek.com] Sent: Thursday, June 23, 2011 11;41 AM To: Bill Ramsey Subject: SIC 2C Restoration Bill, I am following up on Tuesday's City Council meeting to find out if our proposal was approved by the Council? If all is a -go, Let me know what we need to do to get the project underway. Thanks, Stu STUART FRASER l -la itat Rescoratio t Specialist/RLA 45301 DUDEK 605 711-fiR D -1-REET ENCIT,Ml M, CALIFORNIA 92024 T MOA79 42"M F 760.942,9976 Mobile 760.6853,630 V6 WW,DUDEK.CQM PLEAS NOTE: Dadek uses an ennaiI fitter to clean viruses and fily-r Spare, Pfease rape the time to verify receipt of aRy important or tirne-sensitjye email sent to us, ACOR&DATE (MWDDIY1'YY) CERTIFICATE 4F LIABILITY INSURANCE 06/2712011 PRODUCER Phare: (36D)58B-3700 Fax: 1360}598-37M MICHAEL J. HALL $, COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A/E INSURANCE SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19660 10TH AVENUE N.E. ALTER THE. COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS POULSSO INA 98370 Agency Lic#: 6792445 INSURERS AFFORDING COVERAGE MAIC # INSURED DUDEK 605 3RD STREET INSURER A: American Automobile Insurance Co. 21849 INSURER B: Greenwich Insurance Company 22322 INSURER C: ENCINITAS CA 92024 INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE[ 7X OCCUR INSURER E: THE POLICIES OF INSURANOF LUSTED BELOW HAVE BEEN ISSUED TO THE 1NSURLD NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RI„OUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PDUCkFS DESCRBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INfiR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMfDDf1�Y POLICY EXPIRATIONLAR 0ATE IMIOMWYY LIMITS GENERAL LIABILITY MZG80923174 08/28/10 06128111 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE[ 7X OCCUR - ADAMAGE TO REA SEB Oa r47rl)ace} $ 'rrWY•W 100,000 MED. EXP (Any ane p®rson) $ 10,000 A X OCP,XCU,BFPD PERSONAL &ADV INJURY $ 1,000,000 GENERA. AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC JE PRODUCTS - COMPIOP AGO $ 2,000,000 t AUTOMOBILE LIABILITY ANY AUTO MZG80923174 08128110 08/28/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X X BODILY INJURY (Per person) $ A ALL OWNEL) AUTOS SCHEDULED AUTOS HIREnAUTOs NDN -OWNED AUTOS BODILY INJURY 8 (Per aoddent) X X Dad: Comp - $1,000 PROPERTY DAMAGE (Per acddont) $ I Ded: Col[ - $1,000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ALTO ONLY: AGG $ EXCESS f UMBRELLA LIABILITY _x] OCCUR F-1 CLAIMS MADE . CGX24022816 08128/1 O - 08128111 EACH OCCURRENCE $ 1,000,000 AGCREQ,ATE $ 1,0011,000 A $ DEDUCTIBLE $ X RETENTION "y $ A WORKERS COMPENSATION AND EMPLOYERS'LIAWLITY Y!N ANY PROFRIETORJPARTNEfQEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH; if yes, describe order SPEC€AL PRDVESIONS b: [l WZC80986981 08128110 08128/11 X TORY ITHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE»POi;ICY LIMIT $ 1,0{]0,000 B OTHER Professional Liability Pollution Liability Claims Made Form PECO02403103 08/28/10 08128/11 $1,000,000 Per Claim $1,000,000 Aggregate Retro: Jan. 01, 19701 Ded: $250,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ]ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION City Of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 32400 PaseoAdelanto San Juan Capistrano, CA 92675 EXPIRATION :LATE THEREOF, THE ISSUING ;NSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDToTHF. LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. Attention: William Ramsey, AICP, Principal Planner AUTHORIZED REPRESENTATIVE Aim>'e'eCa rroli ^�+�+ ••+ �� i����ry ; LIUIUIILNdto tr 11fuc.7c V 1tIUtf^ZUU'3 AL:UKU f,;QKl'UKAI IUN. All rlgnts reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #140252 1UN DAT27 2011 DESCRIPTION OF ©PI KATIE NSILCCATIONSNEHICLESISPECIAL LEMS Project; All operations -Certificate Voider is an Additional Insured commencing on or after the effective date of the General Liability and !or Auto Policy,through the expiration date. The City of San Juan Capistrano, its officers, employees, agents, and volunteers are Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella 1 Excess Liability and Workers Compensation 1 Employers Liability in favor of the Additional Insured Certificate # 140262 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) Certificate #140252 POLICY NUMBER: Iv1ZG80923174 COMMERCIAL GENERAL UAGILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. R NMI-- ail This endorsement modifies insurance provided under the folloWng. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or O snization s : Locations Of Covered Operations The City of San Juan Capistrano, its officers, employees, agents 3 and volunteers Information re erred to complete this Schedule, if not shown above, vAl be shown in the [Declarations. A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury',"property damage" or "Personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the Performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above, B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "properly damage" occurring after. I. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CC 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: MZG80923174 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, &fJq1_Z- ! 6 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) ..Or Organization(s)- Location And Descri tion Of Completed Operations The City of San Juan Capistrano, its officers, em- ployees, agents, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 0 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement California WC 04 03 06 If the following is not complete, refer to the appropriate Schedule attached to the policy. Insured Dudek. Producer Michael J. Hall & Company Schedule Person or Organization City of San ,Tuan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Additional Premium % We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perforin work under a written contract that requires you to obtain this agreement froze us.) Policy WZC80986981. Effective Date August 28, 2010 Job Description You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration, This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy. SecreCary WL04UM 4-84 President