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12-0117_DUDEK_Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this= ay of , 2012, by and between the San duan 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 request for proposals to Provide Habitat Monitoring and Reporting Services for the 760S Reservoir Habitat Restoration Project for 2012-2013; 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 1 & 2 as set forth in Exhibit 'A" described as the Consultant's Proposal of November 22, 2011, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no laterthan 27 months afterthe effective date. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $39,240 total contract amount, including expenses, mileage, printing, and other costs related to the performance of the work; as set forth in Exhibit "A," described as the cost proposal submitted by Consultant, dated November 22, 2011, attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City 1 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 extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work 2 under this Agreement until written instructions are received from the City. Section S. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest; direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's 3 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 standing with the State of California and having a minimum Best's Guide Rating of A- Class Vll or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1;000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured 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 Errors and Omissions Coverage Throughout the term of this Agreement, if the Consultant's General Liability Insurance excludes "errors and omissions," the Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 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, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing 5 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: Nasser Abbaszadeh P-E, Director of Public Works To Consultant: DUDEK 605 Third Street Encinitas, CA 92024 Attn: Frank Dudek; Pres. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SA JUAN CAPISTR NO B ' Larry Kramer, Mayor CONSULTANT By: �r ra Dudek, Pres. ATTES i i Marie o ri ity Clerk APPROVED AS TO FORM: 4 , I J rear 9 an oval, C,ty Aft orney 7 DUDEK MAID OFFICE 605 THIRD STR.FET ENC tMTAS. CAUORN€A 92024 T 760.942 5147 T 804. SU81® F 760,632.©164 November 22, 2011 P211. 1.1.0-00 City of San Juan Capistrano Attn: Eric Bauman 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Biological Monitoring and Reporting Services for the 760S Reservoir Habitat Restoration Site in Scan Juan Capistrano, California Dear Mr. Bauman: Dudek is pleased to submit this proposal to provide biological monitoring services for the 7605 Reservoir Habitat Restoration Site (formally known as the Reservoir Canyon Habitat Restoration Program [RCHRP ) located in the City of San Juan Capistrano California. This compensatory mitigation program includes on-site restoration of approximately 17-acres of upland and riparian vegetation from the construction of the San Juan Capistrano 760-Zone SC-04 Reservoir Project. Our scope of work includes annual biological monitoring and reporting services for the 17-acre 760S .Reservoir Habitat Restoration Site(Restoration Site)from January to December 2012(Task 1)with an optional task of annual biological monitoring and reporting for the January to December 2013 monitoring year (Task 2). Proposed monitoring and reporting would address the mitigation requirements established in the Reservoir Canyon Habitat Restoration Plan(2004;RCHRP),Army Corps of Engineers (ACOS) 404 Nationwide Permit NW39 and NW43 (No. 200400717-CLM), California Department of Fish and Game (CDFG) 1601 Streambed Alteration Agreement (I600- 2004-0040-R5),Regional.Water Quality Control Board(RWQCB)401 Water Quality Certification (04C-010), CDFG and U.S. Fish& Wildlife Service(FWS)Conditional Concurrence with Special 4(d)Interim Habitat Loss Mitigation Plan,and all subsequent formal agreements with the regulatory agencies. It is anticipated that work described in this proposal would begin in the January of 2012. Mitigation remedial installation and long-term maintenance services are being contracted separately. PROJECT UNDERSTANDING The purpose of the 760-"Lone SC-04 Reservoir Project is to increase the potable water storage capacity for the City of San Juan Capistrano. The project involved construction of an aboveground steel tank in a formerly grazed and dry-farmed landscape owned by the City of San Juan Capistrano. The tank is now complete and operational. On-site mitigation includes approximately 17-acres(13 sites) of coastal sage scrub, native grassland (NGL) and riparian restoration. Mr. Eric Bauman Subject: Biological Monitoring and ReportingServices for the 7605 Reservoir Habitat Restoration Site in San Juan Capistrano, California In spring 2006,the first phase of restoration was implemented for the 7605 Reservoir Project with the first reporting year' beginning in May of 2006. Restoration maintenance and monitoring has been ongoing since installation, which has included periodic remedial action. Remedial action has been required due to `failures' in seeding at several of the sites,vandalism, and significant on-site erosion and downstream sedimentation within the project areas.Remedial actions included replanting of target native vegetation,redesignation of vegetation communities in restoration areas and an increase in the restoration footprint(off-site areas).The most recent remedial action was implemented in the fall 2011, which included removal of accumulated silt.in a project pond, installation of check dams to control erosion,and remedial planting and seeding. It is anticipated that the project timeline will be extended past the proposed 5-year maintenance and monitoring period in order to fulfill the requirements of the project permits,RCHRP and subsequent amendments to the plan. Dudek has reviewed the submitted project documents and resource agency permits, which describes the ongoing project, proposed remedial installation and defines the long-term monitoring and reporting requirements.Monitoring includes oversight of contractor maintenance including care and. appropriate operation of the irrigation system, care of establishing and recently planted container plants,timely removal of perennial invasive and annual weed species,and maintenance of site best management practices(BMPs). Performance standards and long-term mitigation requirements that were established in the RCHRP and resource agency permit conditions include establishment native vegetation cover and diversity,reduction of non-native annual weed cover,eradication of perennial invasive exotic vegetation, and minimum survivorship of container plants. Performance standards have been established to reach the project goal of developing a self-sustaining native habitat with greater than or equal to the ecological functions and services prior to project construction. SCOPE OF WORK Dudek proposes to provide biological monitoring services that follow the intent of the project goals, and conform to performance criteria and long-term monitoring requirements established in the RCHRP resource agency permits and subsequent agreements. The Scope of Work for annual biological monitoring and reporting for 2012 and 2013 (optional) of the long-term monitoring and reporting phase of the project are provided below. Task 1. Annual Long-Term (2012) Biological Mitigation Monitoring Dudek will conduct quantitative and qualitative biological monitoring and reporting for the on-site project area during the 2012 long-terra monitoring period in accordance with resource agency permits and approved documents. This work will include formal monitoring visits on a monthly 211110-00 DUDEK Z November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Servicesfor the 760S Reservoir Habitat Restoration Site in San Juan Capistrano, California basis throughout 2012 (12 visits). Monthly site inspections will be coordinated with contractor maintenance cycles to observe current work and to provide immediate direction, as needed Qualitative data, based upon visual observations, will be documented during all site visits and include all observations relating to the general health and progress of the site, as well as an assessment of contractor maintenance. Quantitative data collection., including dead container plant counts will be assessed during the growing season and calculated prior to annual report preparation. Each monitoring visit will be documented in the monthly site observation. report with data summarized in each annual report for 2012 (4 total). Recommendations to help promote project success will be included in each report.Photo documentation in areas requiring remedial action will be provided monthly during the course of the monitoring effort and in each annual report.Qualitative and quantitative monitoring tasks are described in detail below. A. Qualitative Monitoring Qualitative monitoring will consist of a site walkthrough and characterization of the project area. General observations will. be noted, such as, prevalence of weeds, condition and establishment of native vegetation, and any general maintenance issues. Specific problem areas and proposed potential treatments shall be noted in the site observation.reports and shall be depicted graphically on a project area map and/or with accompanying photographs for management purposes. Vegetation Monitoring:Dudek will review the general health of the container plants(originally and remedially planted),applied seed mix and naturally recruiting native plants in each restoration area 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. Because this site has been recently . remedially seeded and planted, additional observation will be provided to success of problematic planting areas to assist in achieving performance criteria within an acceptable time frame.Additional recommendations will focus on nurturing the development of these areas. A qualitative assessment of vegetation development will be visually estimated based on cover, constancy, and composition of plant species, as developed for the Vegetation Rapid Assessment Protocol (California Native Plant Society [CNPS] 2004). Qualitative assessment will include a generalized estimate of percent overall cover and a refined estimate of percent cover for each vegetation community,by restoration area. Cover estimates will include classifying each vegetation community area into percentage cover categories<2%,2-9%, 10-24%,25-39%,40-59%,60-90%and>90%..All data will be utilized to determine total percent plant cover, percent native cover, percent non-native 211110-00 DUDEK 3 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting ServicesJor the 760SReservoir Habitat Restoration Site in Sari Juan Capistrano, California cover, and overall species richness and diversity. Data will. be used to assess the current health and progress of the site and compared to established performance criteria in the annual reports. Weed Control: Weed growth will be monitored to ensure that annual weeds and invasive perennial exotic vegetation that could interfere with native plant establishment are being adequately controlled. Dudek will note weed and exotic species that need to be removed/treated 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 & Sediment Control: Dudek will note any erosion problems attributable to high seasonal flows on revegetation slopes and within drainage pathways on site. Dudek will pay close attention to recent remedial repairs and potential sources of additional erosion.Evaluation ofthe current conditions of BMPs and recommendation for further reinforcement will be provided to prevent erosion and sedimentation in on-site restoration areas or downstream.Inspection of the irrigation system and spray patterns will be conducted during site visits to evaluate efficiency and prevent localized erosion and potential plant stress/mortality from damaged or incorrectly operating circuits. Recommendations to prevent or repair erosion and sediment control will be made in site observation reports. Pest Control: Dudek will monitor for insect infestations and herbivore damage (gophers, ground squirrels,rabbits,etc.)during each monitoring visit.A determination of the relative level of threat to the overall habitat development will be made when pests are detected. Dudek will inform the client of conditions that could limit or reduce the success of habitat development and make a recommendation for treatment or control. Trash and Debris Removal:Dudek will monitor accumulations of trash and debris on site.Areas of trash and debris accumulation will be noted in the monitoring reports for removal by the maintenance contractor. B. Quantitative Monitoring Dead plant counts shall be conducted at strategic intervals during the growing season and prior to generating the annual reports. Dead plants will be identified on a map with supplementary photographs provided(as needed)to assist with contractor replacement.Recommendation for dead plant replacement will be made with consideration of seasonal planting to promote successful establishment. Evaluation of dead plant replacement based on performance criteria will be provided to maintain project compliance. It is noted that vegetative cover will be evaluated through a qualitative assessment methodology described previously. 211110-00 DUDEK 4 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Services for the 7605 Reservoir Habitat Restoration Site in San Juan Capistrano, California C. Reporting A summary site observation report will be prepared following each monitoring visit(monthly). Site observation reports will summarize field observations and provide recommendations for contractor maintenance. Comprehensive annual monitoring reports will be prepared and submitted to the respective resource agencies and the City of San Juan Capistrano for the 2012 monitoring year (4 reports).Annual Reports will be prepared in accordance with the U.S.Army Corps of Engineers Los Angeles District mitigation guidelines and monitoring requirements, as outlined in the ACOS Special Public Notice dated April 19, 2004, and follow the format established in the annual reports generated by Califauna for the 2010-11 monitoring year.The he annual report will summarize the status of the project during the monitoring period and highlight specific requirements to each resource agency's permit conditions or reporting requirements. The annual report will include an analysis of site conditions in comparison to annual performance standards and remedial recommendations, as appropriate. Additionally, site maps and photo-documentation shall be included to illustrate recommendations or project progress. Deliverables: • Site observation reports will be submitted following each site visit during long term biological monitoring (est. monthly). A total of 12 site observation reports are included in this proposal. • Four annual reports (formatted to the appropriate resource agency), with color photographs and supportive graphics,will be submitted at the required resource agency deadline.Annual reports for CDFG and FWS will be submitted in December 2012.. Annual reports for ACOS and RWQCB will be submitted in July 2012. This proposal assumes one review/comment/revision cycle on the draft report prior to preparation of the final annual report and submittal to the resource agencies. Estimated.Labor Cost for Task 1 (2012.Biological Monitoring& Reporting).............$19,900.00 Mileage is charged at the IRS allowable rate with other direct costs, including miscellaneous field supplies, report reproduction, delivery charges and GPS equipment billed at a 15% markup. Estimated Direct Expenses for Task I (Mileage, CPS use,field supplies, etc.)................$500.00 Total Estimated Cost for Tasks I................................................................. $20,700.00 DUDEK z1111a-aa 5 November 2011 Mr. Eric.Bauman Subject: Biological Monitoring and ReportingServicesforthe760SReservoirHabitatRestorationSite in San Juan Capistrano, California Task 2 (Optional): Annual Long-Term (2012) Biological Mitigation Monitoring Dudek will conduct quantitative and qualitative biological monitoring and reporting for the on-site project area during the 2013 long-term monitoring period in accordance with resource agency permits and approved documents. This work will include monitoring and reporting for 2013 as described in Task 1 (Annual Long-Term. Monitoring (2012). Biological Mitigation Monitoring). Monitoring will be conducted monthly with the submittal of a site observation report following each visit(12 total).Annual reporting will follow the format established in by Califauna and developed by Dudek for the 2012 Annual Reports (4 total). Deliverables: • Site observation reports will be submitted following each site visit during long term biological monitoring (est. monthly). A total of 12 site observation reports are included in this task. • pour annual reports (formatted to the appropriate resource agency), with color photographs and supportive graphics,will be submitted at the required resource agency deadline. Annual reports for CDFG and FWS will be submitted in December 2013. Annual reports for ACOS and RWQCB will be submitted in July 2013. This proposal assumes one review/comment/revision cycle on the draft report prior to preparation of the final annual report and submittal to the resource agencies. Estimated Labor Cast for Task 2 (2013 Biological Monitoring& Reporting).............$17,740.00 Mileage is charged at the IRS allowable rate with other direct costs, including miscellaneous field supplies, report reproduction, delivery charges and GPS equipment billed at a 15% markup. Estimated Direct Expenses for Task 2 (Mileage, GPS use,field supplies, etc.)................$800.00 Total Estimated Cost for Tasks 2.................................................................$1$,540.00 The scope of work and cost estimate described above reflects our current understanding of project requirements.Amendments to the scope of work and cost will be necessary if there are modifications to the project or the required services.Task 2(2013 Biological Monitoring and Reporting)is provided as an optional task based on acceptance of Task 1 (2012 Biological Monitoring and Reporting). All work described in Tasks 1&2 will be billed on a time-and-materials, not to exceed basis in accordance with our standard schedule of charges that is in force at the time services are rendered.A copy of the 2012 Standard Schedule of Charges is attached for your review.Mileage is charged at the 211110-00 DUDEK 6 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Services@r the 7605 Reservoir Habitat Restoration Site in San Juan Capistrano, Ca@ornia IRS S allowable rate with other direct costs, including miscellaneous rield supplies, report reproduction, delivery charges and GPS equipment billed at a 15% markup. If you have any questions regarding this scope of work, you can contact me at 760.479.4274 or via email at sfraser@dudek.com. Srely, Stuart Fraser Habitat Restoration Specialist/RLA #15301 Environmental Sciences Division Dudek Att.: Dudek 2012 Schedule of Charges cc: dayme Timberlake, Dudek DUDEK 7 Novemb r 011 DUDEK 2012 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES HYDRGGEGLOGICAL SERVICES Project Director ...........................................$225.00/hr Principal......................................................$220.00/hr Principal Engineer III....................................$210.00/hr Sr. Environmental Engineer........................$190.00/hr Principal Engineer 11 ....................................$198.00/hr Sr. Hydrogeologist/Sr. Proj Mgr...................$170.00/hr Principal Engineer I .....................................$190.00/hr Project Manager..........................................$155.00/hr Senior Project Manager...............................$180.00/hr Associate HydrogeologisVEngineer.............$140.00/hr Project Manager ................$170.00/hr Hydrogeologist IV/Engineer IV,.,.................$125.00/hr Senior Engineer III.......................................$160.00/hr Hydrogeologist III/Engineer III .....................$115.00/hr Senior Engineer 11 .......................................$155.001hr Hydrogeologist II/Engineer 11 .......................$105.001hr Senior Engineer I ........................................$145.001hr Hydrogeologist I/Engineer I $95.001hr Project Engineer IV .....................................$135.00/hr Technician.....................................................$95.001hr Project Engineer It ......................................$125.00/hr Project Engineer II.................___..............$115.001hr DISTRICT MANAGEMENT&OPERATIONS Project Engineer1........................................$100.001hr District General Manager ............................... $175.00/hr Project Coordinator .......................................$80.001hr District Engineer.............. $160.00/hr Engineering Assistant....................................$75.001hr Operations Manager .......... ........ $150,00/hr District Secretary/Accountant .......................... $85.00/hr ENVIRONMENTAL SERVICES Collections System Manager.................__...$95.00/hr Principal ... .....................$225.00/hr Grade V Operator........................................... $100.00/hr Senior Project Manager/Specialist It ...........$210.001hr Grade IV Operator...... ......... $85.00/hr Senior Project Manager/Specialist I ............$200.00/hr Grade ill Operator............................................ $80.00/hr Environmental Specialist/Planner VI ...........$180.001hr Grade II Operator............................................. $63.00/hr Environmental Specialist/Planner V ............$160.001hr Grade I Operator.............................................. $55.00/hr Environmental Specialist/Planner IV ...........$150.00/hr Operator in Training ......................................... $40.00/hr Environmental Specialist/Planner Ill............$140.00/hr Collection Maintenance Worker I..................... $55.00/hr Environmental Specialist/Planner 11.............$130.00/hr Collection Maintenance Worker I .....................$40.00/hr Environmental Specialist/Pfanner 1..............$120.00/hr Analyst ........................................................$100.00/hr OFFICE SERVICES Planning Research Assistant......... ...........$80.00/hr Technical/Drafting/CADD Services 3D Graphic Artist............................................ $150.00/hr ARCHAEOLOGICAL SERVICES Senior Designer ............................................. $130.00/hr Senior Project Manager/Archaeologist 11.....$210.00/hr Designer......................................................... $120.001hr Senior Project Me nag er/Archaeologist 1.,....$200.001hr Assistant Designer ...................................I..... $115.00/hr Environmental Specialist/Archaeologist Vl..$180.001hr GIS Specialist IV............................................ $150.00/hr Environmental Special)st/Archaeologist V...$160.00/hr GIS SpecialistIll............................................. $140.001hr Environmental Specialist/Archaeologist IV..$150.00/hr GIS Specialist 11.............................................. $130.001hr Environmental Specialist/Archaeologist Ill ..$140.001hr GIS Specialist I............................................... $120.00/hr Environmental Specialist/Archaeologist 11 ...$130.00/hr CADD Operator ill.......................................... $115.001hr Environmental Speciahst/Archaeo log ist I ....$120.001hr CADD Operator it........................................... $110.001hr Archaeologist Technician 11 ...........................$70.00/hr CADD Operator I.............................................. $95.00/hr Archaeologist Technician I............................$50.001hr CADD Drafter............................................ ...... $80.001hr CADD Technician.............................................$70.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager......... ......... .............$195.001hr SUPPORT SERVICES Senior Construction Manager .....................$180.001hr Technical Editor Ill.......................................... $140.001hr Senior Project Manager...............................$160.00/hr Technical Editor 11........................................... $125.00/hr Construction Manager.................................$150.001hr Technical Editor L........................................... $110.00/hr Project Manager..........................................$140.001hr Publications Assistant III................................. $100.00/hr Resident Engineer_....... ...................,.$140.00/hr Publications Assistant 11.................................... $90.00/hr Construction Engineer.................................$135.001hr Publications Assistant I.............___................. $80.001hr On-site Owner's Representative.................$130.00/hr Clerical Administration 11................................... $80.001hr Construction Inspector III ............................$125.001hr Clerical Administration I................___............$75.00/hr Construction Inspector 11.............................$115.00/hr Construction Inspector 1..............................$105,=hr Forensic Engineering-Court appearances,depositio gteering-Courtappearances,deposit€o ns,and interrogatories as tieetesswill be billed at 2.00 times normal rates.Prevailing Wage Inspector..........................$135.fl01hr expert and Holidays-Minimum charge of two hours wilt be billed at 1.75 times the normal rate. Material and Outside Services-Subcontractors,rental of special equipment, special reproductions and blueprinting,outside data processing and computer services,etc.,are charged at 1.15 times the direct cost. Travel Expenses-Mileage at current IRS allowable rates.Per dierrs where overnight stay is involved is charged at cost lavoices,Late Charges.-All fees will be billed to Client monthly and shall be due and payable upon receipt.Invoices are delinquent if not paid within thirty(30) days from the date of the invoice. Cllent agrees to pay a monthly late charge equal to one percent(1%)per month of the outstanding balance until paid in full. DUDEK Effective January 1,2012 1117120'12 AGENDA REPORT" ®7 P TO: Karen P. Brust, City M , \ FROM: Nasser Abbaszadeh, Pub c Works Director Keith Van Der Maaten, Utilities Director SUBJECT: Consideration of Personal Services Agreement for Habitat Restoration Monitoring Agreement for the 760S Reservoir Site for Calendar Years 2012 and 2013 (Dudek) (CIP No. 07811) RECOMMENDATION: By motion: 1) Approve the Personal Services Agreement in the amount of $39,240 with Dudek; for the Calendar Years 2012 and 2013 Habitat Restoration Monitoring Services at the 760S Reservoir Project; and, 2) Authorize the City Manager to approve change orders in a total amount not to exceed 10% of the contract value. SITUATION: The construction of the 4 Million Gallon 760S Reservoir (July 2006), the 6 Million Gallon Terminal Reservoir No. 3 (T3) (November 2006), and the emergency repair of a small landslide at Camino Capistrano (February 2006) all impacted native habitat; necessitating the establishment of mitigation habitat on the 760S site (17.0 acres) and other locations depicted in Attachment 1. The 760S mitigation was established onsite (July 2007), commencing the required 5 year maintenance and monitoring period until the project reaches acceptance. The mitigation for the Camino Capistrano work was added to the 760S restoration site (2008) setting the project acceptance date back to 2013. The heavy rains in late December 2010 necessitated in 2011 the installation of check dams to the 760S site, setting the project on course for completion of the monitoring period to 2016. The "Resource Agencies", in granting their respective permits, have certain requirements as outlined below. The Army Corps of Engineers (ACOS), the California Department of Fish and Game (CDFG), the Regional Water Quality Control Board (RWQCB), and U.S. Fish & Wildlife Service (FWS) have mandated that the City retain a habitat restoration monitor that provides the following services: (1) Evaluation of the progress of the maintenance contractor at the site, (2) Monthly reports on the status, (3) Direction to the maintenance contractor for the removal of invasive species; and (4) Annual reports to submit to the Resource Agencies. Agenda Report Page 2 January 17, 2012 Staff solicited proposals from six qualified local firms for this work. Five proposals were received with costs as follows: Firm Cost - CY 2012 Cost- CY 2013 Total Contract BonTerra Consulting $27,675 $2_6,690 ' $54,365 CAA Planning $26,660 $26,660 $53,320 Chambers Group Inc. $31,200 $31,900 $63,100 Dudek $20,700 $18,540_ 1 $39,240 Pacific Bio Science Inc. $43,200 $45,000 I $88,200 SummarV and Recommendation: Dudek's proposal covered all the required work and has the lowest cost. Dudek is successfully performing work at San Juan Capistrano's Trabuco Creek Restoration project. Staff recommends the selection of Dudek for this work, and entering into a Personal Services Agreement for this work (Attachment 2). COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission reviewed this item at their meeting of December 16, 2011, and recommends approval. FINANCIAL CONSIDERATIONS: The Water CIP 07881 budget for the 760S site, which includes the Acu Canyon restoration site, has unencumbered funds totaling $196,630. A separate agenda item will propose transferring out $20,000 to CIP No. 07803, leaving $176,630. In the table below, the expenditure of Dudek's contract of $39,240 over the next two years, January 2012 to December 2013, is highlighted and shown in the context of the estimate of other project expenditures. FY 2011/12 FY 2012/13 FY 2013/14 2012 2012 2013 2013 2014 Site CIF' Q1&Q2 Q3 &Q4 Q1 & Q4 Q3 & 04 01 & Q2 760SIAcu _7811 _ Fund Available 1 CO ' $196,630 $136,497 $92,523 $49,630 $41,856 Transfer(out), in+ I -($20,000 $0 $0 $0 $0 New Funds $0 $0 $0 $30,000 $30,000 Funds Available $176,630 $136,497 $92,523 $79,630 i $71,856 Mcnor Dde#c. $ 0,350 $1f3,350 $9,270) 927{3, $101000 Monitor Acu $3,840 $7,680 $7,680 $2,560 $2,560 Maint ESA $18,144 $18,144 1$18,144 $18,144 $18,144 Staff& Other Cost $7,800 ($7,800 $7,800 $7,800 $7,800 Funds Remaining $136,497 $92,523 $49,630 $41,856 $33,353 Agenda Report Page 3 January 17, 2012 This project has sufficient funds for the work of Dudek and others planned in fiscal year 2011/2012. The continued execution of this work will require additional funds in future fiscal years. NOTIFICATIONS: BonTerra Consulting CAA Planning Chambers Group Inc. Dudek Pacific Bio Science Inc. RECOMMENDATION: By motion: 1) Approve the Personal Services Agreement in the amount of $39,240 with Dudek; for the Calendar Years 2012 and 2013 Habitat Restoration Monitoring Services at the 760S Reservoir Project; and, 2) Authorize the City Manager to approve change orders in a total amount not to exceed 10% of the contract value. Respectfully submitted, Respectfully submitted, Nasser Abbaszadeh, P.E. 01- Keith Van er Maaten, P.E. Public Works Director Utilities Director Prepared by, Eric Bauman, P.E. Utilities Engineer Attachment(s): I. Location Map 2. Personal Services Agreement— Dudek City ®f San Juan Capistrano Habitat Restoration sites a T3 Habitat Restoration Site 4� G � zs s7 s U� 6 .. P� Q J n �1 +� ry A � SpcL Ss�'H ya PePH 1y OQI t I 4� G� Placida Habitat Restoration Site :f 7605 Habitat Restoration Site w� CAMit1O�Y: w E � Acu Canyon Habitat Restoration Site S 0 4,000 8,000 16,000 Attachment 1 Feet PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of 2012, 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 request for proposals to Provide Habitat Monitoring and Reporting Services for the 7605 Reservoir Habitat Restoration Project for 2012-2013; 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 1 & 2 as set forth in Exhibit 'A" described as the Consultant's Proposal of November 22, 2011, attached and incorporated herein by reference. To the extent that there are any conflicts between the previsions described in Exhibit"A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This-Agreement--sh-aii--commence-on the effective date-anci_shaI 1.terminate; services required hereunder shall be completed, no later than 27 months afterthe effective elate. Section 3. Compensation. 3.1 Amount. Total compensation forthe services hereunder shall not exceed$39,240 total contract amount, including expenses, mileage, printing, and other costs related to the performance of the work; as set forth in Exhibit "A," described as the cost proposal submitted by Consultant, dated November 22, 2011, attached and incorporated herein by reference. 3.2 Method of Payment, Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City Attachement 2 1 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 a. 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 lave,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 extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiars 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 oras represented by City, it shall immediately inform the City of this and shall not proceed with further work 2 under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemni 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 3 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 Fold 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. Can 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 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--aW-general-aggregate.limitis--used,-either the -- -- general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00), 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers'Compensation Employer's Liability Insurance in the statutory amount as required by state law. . 4 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured 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 Errors and Omissions Coverage Throughout the term of this Agreement, if the Consultant's General Liability Insurance excludes "errors and omissions," the Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million dollars($1,000,000). Priorto beginning anywork under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Notice of CanceltationlTermination 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,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed_ Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing 5 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: Nasser Abbaszadeh P.E, Director of Public Works To Consultant: DUDEK 605 Third Street Encinitas, CA 92024 Attn: Frank Dudek; Pres. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18, Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement,the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19, Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Larry Kramer Mayor CONSULTANT e r By: � h ' n udek, Pres. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM- rear arrd'oval, Ci ty Attorney'. 7 f k November 22, 2011 P21 1 1 10-00 City of San Juan Capistrano Attn: Erie Bauman 32400 Pasco Adelanto San Juan Capistrano, California 92.575 Subject: Biological Monitoring and Reporting Services for the 7605 Reservoir Habitat Restoration Site in San Juan Capistrano, California Dear Mr. Bauman: Dudek is pleased to submit this proposal to provide biological monitoring services for the 7505 Reservoir Habitat Restoration Site (formally known as the Reservoir Canyon Habitat Restoration Program [RCHRP]) located in the City of San Juan Capistrano California. This compensatory mitigation program includes on-site restoration of approximately 17-acres of upland and riparian vegetation from the construction of the San Juan Capistrano 760-Lone SC-04 Reservoir Project. Our scope of work includes annual biological monitoring and reporting services forthe 17-acre 7505 Reservoir Habitat Restoration Site(Restoration Site)from January to December 2012(Task 1)with an optional task of annual biological monitoring and reporting for the January to December 2013 monitoring year (Task 2). Proposed monitoring and reporting would address the mitigation requirements established in the Reservoir Canyon Habitat Restoration Plan(2004;RCHRP),Army Corps of Engineers (ACOS) 404 Nationwide Permit NW39 and NW43 (No. 200400717-CLM), California Department of fish. and Game (CDFG) 1501 Streambed Alteration Agreement (1600- 2004-0040-R5),Regional Water Quality Control Board(RWQCB)401 Water Quality Certification (04C-010), CDFG and U.S. Fish&Wildlife Service(FWS) Conditional Concurrence with Special 4(d)Interim Habitat Loss Mitigation Plan,and all subsequent formal agreements with the regulatory agencies. It is anticipated that work described in this proposal would begin in the January of 2012. Mitigation remedial installation and long-term maintenance services are being contracted separately. PROJECT UNDERSTANDING The purpose of the 760-Zane SC-04 Reservoir Project is to increase the potable water storage capacity for the City of San Juan Capistrano.The project involved construction of an aboveground steel tank in a formerly grazed and dry-farmed landscape owned by the City of San Juan Capistrano. The tank is now complete and operational. On-site mitigation includes approximately 17-acres(13 sites) of coastal sage scrub, native grassland (NGL) and riparian restoration. Exhibit A Mr. Eric Bauman Subject: Biological Monitoring and Reporting Services for the 760SReservoir Habila Restoration Site in San Juan Capistrano, California In spring 2006,the first phase of restoration was implemented for the 7605 Reservoir Project with the `first reporting year' beginning in May of 2006. Restoration maintenance and monitoring has been ongoing since installation, which has included periodic remedial action. Remedial action has been required due to `failures' in seeding at several of the sites, vandalism,and significant on-site erosion and downstream sedimentation within the project areas.Remedial actions included replanting oftarget native vegetation,redesignation of vegetation communities in restoration areas and an increase in the restoration footprint(off-site areas).The most recent remedial action was implemented in the fall 2011, which included removal of accumulated silt in a project pond, installation of check dams to control erosion.,and remedial planting and seeding.It is anticipated that the project timeline will be extended past the proposed 5-year maintenance and monitoring period in order to fulfill the requirements of the project permits,RCHRP and subsequent amendments to the plan. Dudek has reviewed the submitted project documents and resource agency permits,which describes the ongoing project, proposed remedial installation and defines the long-term monitoring and reporting requirements.Monitoring includes oversight of contractor maintenance including care and appropriate operation of the irrigation system, care of establishing and recently planted container plants,timely removal of perennial invasive and annual weed species, and maintenance of site best management practices(BMPs).Performance standards and long-term mitigation requirements that were established in the RCHRP and resource agency permit conditions include establishment native vegetation cover and diversity,reduction of non-native annual weed cover,eradication of perennial invasive exotic vegetation, and minimum survivorship of container plants. Performance standards have been established to reach the project goal of developing a self-sustaining native habitat with greater than or equal to the ecological functions and services prior to project construction. SCOPE OF WORK Dudek proposes to provide biological monitoring services that follow the intent of the project goals, and conform to performance criteria and long-term monitoring requirements established in the RCHRP resource agency permits and subsequent agreements. The Scope of Work for annual biological monitoring and reporting for 2012 and 2013 (optional) of the long-tern monitoring and reporting phase of the project are provided below. Task 1: Annual Long-Term (2012) Biological Mitigation Monitoring Dudek will conduct quantitative and qualitative biological monitoring and reporting for the on-site project area during the 2012 long-term monitoring period in accordance with resource agency permits and approved documents. This work will include formal monitoring visits on a monthly 2'11110-00 DUDEK 2 November 2011 Mr. Eric Bauman Subject: Biological Mnitoring crud Reporting Services for the 760SReservoir HabitatRestoration Site in San,Juan Capistrano, California basis throughout 2012 (12 visits). Monthly site inspections will be coordinated with contractor maintenance cycles to observe current work and to provide immediate direction, as needed Qualitative data, based upon visual observations, will be documented during all site visits and include all observations relating to the general health and progress of the site, as well as an assessment of contractor maintenance. Quantitative data collection, including dead container plant counts will be assessed during the growing season and calculated prior to annual report preparation. Each monitoring visit will be documented in the monthly site observation report with data summarized in each annual report for 2012 (4 total). Recommendations to help promote project success will be included in each report.Photo documentation in areas requiring remedial action will be provided monthly during the course of the monitoring effort and in each annual report.Qualitative and quantitative monitoring tasks are described in detail below. A. Qualitative Monitoring Qualitative monitoring will consist of a site walkthrough and characterization of the project area. General observations will be noted, such as, prevalence of weeds, condition and establishment of native vegetation, and any general maintenance issues. Specific problem areas and proposed potential treatments shall be noted in the site observation reports and shall be depicted graphically on a project area map and/or with accompanying photographs for management purposes. Vegetation Monitoring:Dudek will review the general health of the container plants(originally and remedially planted),applied seed mix and naturally recruiting native plants in each restoration area 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. Because this site has been recently remedially seeded and planted, additional observation will be provided to success of problematic planting areas to assist in achieving performance criteria within an acceptable time frame.Additional recommendations will focus on nurturing the development of these areas. A qualitative assessment of vegetation development will be visually estimated baser[ on cover, constancy; and composition of plant species, as developed for the Vegetation Rapid Assessment Protocol (California Native Plant Society [CLAPS] 2004). Qualitative assessment will include a generalized estimate of percent overall cover and a refined estimate of percent cover for each vegetation community,by restoration area.Cover estimates will include classifying each vegetation community area into percentage cover categories<2%,2-9%, 10-24%, 25-39%,40-59%, 60-90%and>90%.All data will be utilized to determine total percent plant cover, percent native cover, percent non-native 211110-00 DUDE . 3 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Services for the 7SOSReservoir Habitat Restoration Site in San Juan Capistrano, California cover, and overall species richness and diversity. Data will be usedto assess the current health and progress of the site and compared to established performance criteria in the annual reports. Weed Control.Weed growth will be monitored to ensure that annual weeds and invasive perennial exotic vegetation that could interfere with native plant establishment are being adequately controlled. Dudek will note weed and exotic species that need to be removed/treated and make a recommendation on methods ofremoval/control.Dudek's in-house certified pest control adviser can assist with specific herbicide recommendations, when necessary. Erosion & Sediment Control. Dudek will note any erosion problems attributable to high seasonal flows on revegetation slopes and within drainage pathways on site.Dudek will pay close attention to recent remedial repairs and potential sources of additional erosion.Evaluation ofthe current conditions of BMPs and recommendation for further reinforcement will be provided to prevent erosion and sedimentation in on-site restoration areas or downstream.Inspection of the irrigation system and spray patterns will be conducted during site visits to evaluate efficiency and prevent localized erosion and potential plant stresshnortality from damaged or incorrectly operating circuits.Recommendations to prevent or repair erosion andsediment control will be made in site observation reports. 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 andDehris 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. B. Quantitative Monitoring Dead plant counts shall be conducted at strategic intervals during the growing season and prior to generating the annual reports. Dead plants will be identified on a map with supplementary photographs provided(as needed)to assist with contractor replacement.Recommendation for dead plant replacement will be made with consideration of seasonal planting to promote successful establishment.Evaluation of dead plant replacement based on performance criteria will be provided to maintain project compliance. It is noted that vegetative cover will be evaluated through a qualitative assessment methodology described previously. . 211110-00 DUDE4 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Servicesfor the 700SReservoir Habitat RestorationSite, in San Juan Capistrano, California C. Reporting A summary site observation report will be prepared following each monitoring visit(monthly). Site observation reports will summarize field observations and provide recommendations for contractor maintenance. Comprehensive annual monitoring reports will be prepared and submitted to the respective resource agencies and the City of San Juan Capistrano for the 2012 monitoring year(4 reports).Annual Reports will be prepared in accordance with the U.S.Army Corps of Engineers Los Angeles District mitigation guidelines and monitoring requirements, as outlined in the ACOS Special Public Notice dated April 19,2004, and follow the format established in the annual reports generated by Califauna for the 2010-11 monitoring year.The annual report will summarize the status of the project during the monitoring period and highlight specific requirements to each resource agency's permit conditions or reporting requirements.The annual report will include an analysis of site conditions in comparison to annual performance standards and remedial recommendations, as appropriate. Additionally, site maps and photo-documentation shall be included to illustrate recommendations or project progress. Deliverables: • Site observation reports will be submitted following each site visit during long term biological monitoring (est. monthly). A total of 12 site observation reports are included in this proposal. • Four annual reports(formatted to the appropriate resource agency),with color photographs and supportive graphics,will be submitted at the required resource agency deadline.Annual reports for CDFG and.I WS will be submitted in December 2012.Annual reports for ACOS and RWQCB will be submitted in July 2012. This proposal assumes one review/comment/revision cycle on the draft report prior to preparation of the final annual report and submittal to the resource agencies. Estimated Labor Cost for Task 1 (20.12 Biological Monitoring& Reporting)...:.........$19,900.00 Mileage is charged at the IRS allowable rate with other direct costs, including miscellaneous field supplies, report reproduction, delivery charges and GPS equipment billed at a 15%markup. Estimated Direct Expenses for Task 1 (Mileage, GPS use,field supplies, etc.)................5800.00 Total Estimated Cost for Tasks1.................................................................$20,700.00 . 5 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and-Reporting Servicesfor the 760SReservoir Habitat Restoration Site in San Juan Capistrano, California Task 2 (Optional): Annual Long-Term (2012) Biological Mitigation Monitoring Dudek will conduct quantitative and qualitative biological monitoring and reporting for the on-site project area during the 2013 long-terra monitoring period in accordance with resource agency permits and approved documents. This work will include monitoring and reporting for 2013 as described in Task I {Annual .Long-Term Monitoring (2012) Biological Mitigation Monitoring). Monitoring will be conducted monthly with the submittal of a site observation report following each visit(12 total).Annual reporting will follow the format established in by Califauna and developed by Dudek for the 2012 Annual Reports(4 total). Deliverables: • Site observation reports will be submitted following each site visit during long term biological monitoring (est. monthly). A total of 12 site observation reports are included in this task. • Four annual reports(formatted to the appropriate resource agency),with color photographs and supportive graphics,will be submitted at the required resource agency deadline.Annual reports for CDFG and FWS will be submitted in December 2013.Annual reports for ACOS and RWQCB will be submitted in July 201.3. This proposal assumes one review/comment/revision cycle on the draft report prior to preparation of the final annual report and submittal to the resource agencies. Estimated Labor Cost for Task 2 (2013 Biological Monitoring& Reporting).............S17,740.00 Mileage is charged at the IRS allowable rate with other direct costs, including miscellaneous field supplies, report reproduction, delivery charges and GPS equipment billed at a 15%markup. Estimated Direct Expenses for Task 2 (Mileage, GPS use,field supplies, etc.)................$800.00 Total Estimated Cost for Tasks 2.................................................................$1$,540,00 The scope of work and cost estimate described above reflects our current understanding of project requirements.Amendments to the scope of work and cost will be necessary if there are modifications to the project or the required services.Task 2(2013 Biological Monitoring and Reporting)is provided as an optional task based on acceptance of Task 1 (2012 Biological Monitoring and Reporting). All work described in Tasks 1&2 will be billed on a time-and-materials, not to exceed basis in accordance with our standard schedule of charges that is in force at the time services are rendered.A copy of the 2012 Standard Schedule of Charges is attached for your review.Mileage is charged at the 211110-00 DUDEK 6 November 2011 Mr. Eric Bauman Subject: Biological Monitoring and Reporting Services for the 760SReservoir Habitat Restoration Site in San Juan Capistrano, California IRS allowable rate with other direct costs, including miscellaneous field supplies, report reproduction, delivery charges and GPS equipment billed at a 15% markup. If you have any questions regarding this scope of work,you can contact me at 760.479.4274 or via email at sfraser@dudek.com. S1 r5, Stuart Fraser .Habitat Restoration Specialist/RLA#5301 Environmental Sciences Division Dudek Alt: Dudek 2012,Schedule of Charges cc: Jayme Timberlake,Dudek 211110-00 DUDEK 7 November 2011 DUDEK 2012 STANDARD SCHEDULE OF CHARGES NG mmrERI 0 SERVICES HYDROGEOLOGiCAL SERVICE Project Director ...........................................$225.00/hr Principal......................................................$220.00/hr Principal Engineer IIL...................................$210.00/hr Sr. Environmental Engineer........................$190.00/hr Principal Engineer 11 ....................................$198.001hr Sr. Hydrogeologist/Sr. Proj Mgr...................$170.00/hr Principal Engineer I .....................................$190.00/hr Project Manager..........................................$155.00/hr Senior Project Manager.... .............. .......,$18G.00/hr Associate Hydrogeologist/Engineer.............$140.00/hr Project Manager..........................................$170.00/hr Hydrogeologist IV/Engineer IV ,................,..$125.00/hr Senior Engineer III.......................................$160.001hr Hydrogeologist III/Engineer III .....................$115.00/hr Senior Engineer Ii .......................................$155.001hr Hydrogeologist II/Engineer II .......................$105.00/hr Senior Engineer I ........................................$145.001hr Hydrogeologist IlEngineer I...........................$95.00/hr Project Engineer IV.....................................$135.00/hr Technician.....................................................$95.00/hr Project Engineer III......................................$125.00/hr Project Engineer II.......................................$115.00/hr DISTRICT ANA FNIENT&OPE A ONS Project Engineer I........................................$100.00/hr District General Manager ...............................$175.00/hr Project Coordinator .......................................$80.00/hr District Engineer............................................. $160.00/hr Engineering Assistant....................................$75.00/hr Operations Manager ....... $150.00/hr District Secretary/Accountant .......................... $85.00/hr E VI ImMrnaNTALSERVICE Collections System Manager........... .........$95.00/hr Principal .............___..................................$225.001hr Grade V Operator........................................... $100,00/hr Senior Project Manage rlSpecialist II ,..........$210.00/hr Grade IV Operator.... .................. ................. $85.00/hr Senior Project ManagerlSpecialist I ............$200.00/hr Grade III Operator-........... $80.00/hr Environmental Specialist/Planner VI ...........$180.00/hr Grade II Operator................. $63.00/hr Environmental Specialist/Planner V............$160.00/hr Grade I Operator.... ...... $55.00/hr Environmental Specialist/Planner IV...........$150.00/hr Operator in Training ......................................... $40.00/hr Environmental Specialist/Planner III............$140.00/hr Collection Maintenance Worker 11..................... $55.00/hr Environmental Specialist/Planner 11.............$130.00/hr Collection Maintenance Worker I .....................$40.00/hr Environmental Specialist/Planner I..............$120.00/hr Analyst ........................................................$100.001hr OFFICE SERwcas Planning Research Assistant........................$80.00/hr TechnicallDraftinglCADD Services 3D Graphic Artist...... ....... .................$150.00/hr ARcHPE LOGICAL SERVIGES Senior Designer ............................................. $130,00/hr Senior Project Manager/Archaeologist 11.....$210.001hr Designer_.... $120.00/hr Senior Project Manager/Archaeologist I......$200.001hr Assistant Designer......................................... $115.00/hr Environmental Speciaiist/Archaeolog ist Vi.,$180.001hr GIS Specialist IV............................................ $150.00/hr Environmental Specialist/Archaeologist V...$160.00/hr GIS Specialist III............................................. $140.00/hr Environmental Specialist/Archaeologist IV..$150.00/hr GIS Specialist 11.............................................. $130.00/hr Environmental Specialist/Archaeologist III ,$140.00/hr GIS Specialist I............................................... $120.00/hr Environmental Specialist/Archaeologist II ...$130.001hr CADD Operator III.......................................... $115.00/hr Environmental Specialist/Archaeo ogist I ....$120.00/hr CADD Operator II............ $110.00/hr Archaeologist Technician II ...........................$70.00/hr CADD Operator I.............................................. $95.001hr Archaeologist Technician I............................$50.00/hr CADD Drafter_.................. $80.001hr CADD Technician.............................................$70.001hr ` NSTFUCTION MAMA EW(FN#"SERVCES Principal/Manager.......................................$195.001hr af:f papT SE mE Senior Construction Manager .....................$180.00/hr Technical Editor III..........................................$140.00/hr Senior Project Manager...............................$160.001hr Technical Editor Ii...........................................$125,00/hr Construction Manager............_...... ...... .....$150.00/hr Technical Editor I............................ ............... $110,00/hr Project Manager.... .......... ....... ...... ...... ...$140.001hr Publications Assistant III.. $100.00/hr Resident Engineer_.......... ...... ........ ...$140.00/hr Publications Assistant II.................................... $90.00/hr Construction Engineer.................................$135.00/hr Publications Assistant I...,.. $80.001hr On-site Owner's Representative.................$130.00/hr Clerical Administration II...................................$80.001hr Construction Inspector III............................$125.00/hr Clerical Administration I..... $75.00/hr Construction Inspector li.............................$115.00/hr Construction Inspector I..............................$105.00/hr Forensic Engineering--Court appearances,depositions,and interrogatories as Prevailing Wage Inspector..........................$135.00/hr expert witness will be billed at 2,00 times normal rates. Emergency and Holidays-Minimum charge oft wo hours will be billed at 1.75 times the normal rate, Material and Outside Services-Subcontractors,rental of special equipment, special reproductions and blueprinting,outside data processing and computer services,etc.,are chargee!all.15 limes the direct cost. Travel Expenses-Mileage at current IRS allowable rates.Per diem where overnight stay is involved is charged at cost Involces,Late Charges.-All fees will be billed to C€fent monthly and shall be due and payable upon receipt.Invoices are delinquent if not paid within thirty(30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent(1%)per month of the outstanding balance until paid in full. DUDE K Effective January 1,2012 32400 PASEO ANDEL ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPL5'Y'38ANO,CA 92675 (349)493-1171SAM ALLEVATO (949)493.1053 FAA ® la€aLraaaTEa AuttAl R ESP ESTaeili�Ea I9�( LARRY KRAMER www.sanjuancapistrano.org 1776 DEREK REEVE ® JOHN TAYLOR TRANSMITTAL TO: DUDEK Attn: Frank Dudek, President 605 Third Street Encinitas, CA 92024 DATE: January 18, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement — 760S Reservoir Habitat Restoration Project for 2012- 2013 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 Eric Bauman, Utilities Engineer at (949) 487-4312. An original agreement is enclosed for your records. Cc: Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Fast to Enhance the Future Printed on 100%recycled paper Christy Jakl From: Christy Jakl Sent: Wednesday, January 18, 2012 5:10 PM To: Eric Bauman Subject: Dudek, Stewart&Associates and SMWD This message contains attachments delivered via ShareFile. • 12-0117 Dudek PSA.pdf • 12-0117 SMWD Upper Chiquita.pdf • 12-0117 Stewart PSA.pdf Download the attachments by clicking here. Hi Eric, Attached are your approved agreements from last night's City Council meeting. Thanks!! Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax i