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13-0205_ORANGE COUNTY CONSERVATION CORPS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _5L qday of February 2013, by and between the San Juan Capistrano (hereinafter referred to as the "City") and Orange County Conservation Corps (OCCC) (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to implement the 2C Ranch/Trabuco Creek Habitat Restoration Plan and more specifically, to complete invasives and debris removal from the project area. 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 and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $210,440 (two -hundred and ten -thousand, four -hundred and forty 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 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 under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway 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, 3 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 VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 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 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, 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William Ramsey, AICP, Principal Planner To Consultant: Orange County Conservation Corps (OCCC) 1853 North Raymond Avenue Anaheim, CA 92801 Attn: Josh Volp, Director of Operations 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. D IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CAPISTRANO ORANGE COUNTY CONSERVATION CORPS By. atharyn an oni, Chief Executive Officer ATTEST: 0 L�L -j' r'a Morris, Cdj Cler< APPROVElLigt(;n-, TO FORM: AVan City Attorney EXHIBIT A 9"641 ORANGE COUNTY CONSERVATION CORPS aW960330;11-I,C-27 ML 12"97,12M3 PREPARED FOR PREPARED BY City of San Juan Capistrano Josh Volp. Director of Operas= Atte: Bill Ramsey. Assistant Director of Orange County Comenretlon Corps January16, 2013 3240 patio Adelament nto Anaheim, CA 928010Avenue San Juan Capistrano, CA 92675 71495&6222 X 221 v hirewuth.oro EXHIBIT A Page 1 Meg ORANGE COUNTY CONSERVATION CORPS (50090„a:64,C-27 January 16, 2013 WL 12097,12M3 City of San Juan Capistrano giflRomsey, Assistant Director of Development Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: 2C Ranch Habitat Restoration and Invasive Species Removal, San Juan Capistrano Dear Mr. Ramsey, The Orange County Conservation Corps (OCCC) is pleased to provide you with this proposal for removal of invasive plant species, restoration of native habitat, and project maintenance for the 2C Ranch Habitat Restoration Project. OCCC has executed multiple projects of a similar nature throughout Orange County. We sincerely appreciate your interest in partnering with OCCC. Founded in 1993, OCCC is a private non-profit 501(c) (3) organization funded by grants, work contracts, donations and contributions. OCCC serves young adults who need support In the transition from adolescence to adult employability by providing work projects that benefit the community while instilling a work ethic and a sense of public service. In many cases, OCCC provides the first paid work experience for Orange County's young adults. Thank you, a/l Josh Volp Director of Operations INSIDE THIS PROPOSAL Statement of Understanding....................................I Project Description ..................................... _.._._...... il Project Benefits....................................................... _.III Project Approach ....... _........ _............. _............... ..... IV ProjectWork Plan ..... _................... _......... _........ ..... V Project Budget .................................................... _.... _VI Local Corps Wage Exemption ...... _.......... _..._.__..VII I www.hlreyoulh.arg Page 2 I. Statement of Understanding As part of its 2C Ranch Habitat Restoration project, the City of San Juan Capistrano requires project maintenance services to ensure that the habitat restoration site is kept free of non-native weeds, that all irrigation systems are properly working or repaired as needed, that recent plantings/seedings are receiving adequate care, and that the site is maintained in a clean and safe manner for the public II. Project Description The project area is within the San Juan Creek Watershed downstream of the Trabuco tributary from Rancho Viejo Road to just east of Alipaz Road. The project area is linear, meandering approximately 2 miles in length from the northeast to the southwest end of the project boundaries. The area has experienced substantial invasion by non-native species, but the preceding 2 years of removal have significantly reduced populations and revegetation efforts are currently underway. The project area is 54.25 acres. Invasive Removal For a period of two years, the invasive removal scope would be to remove all existing or newly germinated non-native species from the entire project area. Invasive removal would include approximately 40 acres of upland habitat and 13 acres of riparian habitat along the creek. The majority of non-native species will be removed manually via hand loppers, weed trimmers, machetes and chain saws. Arundo biomass will be stockpiled for chipping and reused as mulch within site trails, and/or hauled off site for disposal. Most shrub and tree biomass will be chipped and used as mulch within the site, with the exception of any non-native seed -bearing vegetation, which will be fully disposed of off-site. Permit - approved herbicides may be used to aid invasive removal efforts, in coordination with the Project Manager. Particular care will be given to ensure native species, including new plantings/seedlings, are not damaged by weed removal efforts. Maintenance and Repair of Irrigation System OCCC installed the extensive irrigation currently in use on the site. Accordingly, crews have intimate knowledge of its workings. As part of the scope of work, OCCC will continually monitor, maintain and repair (as needed) the irrigation system to ensure full functionality and performance. The irrigation system will be regularly reviewed to monitor line breaks or clogs, to ensure proper coverage of revegetation areas and to adjust spray patterns, controllers and schedules as needed to ensure revegetation success. OCCC is aware that the cost of irrigation repair materials will be paid for by the City outside of this habitat maintenance contract; however, our scope does include all labor costs to fulfill oversight, testing, maintenance and repair of the irrigation system on an ongoing basis. y www.hireyouth.org Page 3 Limited Planting of Native Species Maintenance of a weed and trash -free site, as well as ongoing oversight of the irrigation system, will be the primary scope of work. However, on occasion OCCC crews will conduct limited planting of native species in order to remedy any poorly -performing revegetation areas or to enhance the density and biodiversity of certain portions of the site. Planting work will be coordinated by the Project Manager, Derek Ostensen and Associates. Maintenance of a Clean and Safe Work Site OCCC crews will continually remove any trash, debris or other unwarranted material on site. Crews will also clearly mark and flag any safety hazards to avoid public danger and will promptly remedy any such unsafe conditions, including but not limited to ruts/holes in the trail, fallen tree branches, or debris piles. General Hest Management Practices for Restoration Crews: • The Project Manager, Derek Ostensen and Associates, will oversee all crew efforts to ensure low -impact work methods are implemented, including access points, species avoidance, staging areas, and water quality protection. • Particular caution will be given to maintaining a safe work site for any nearby public, including hikers, equestrians, mountain bikers, and other open space users. • Only one crew will operate at a given site at a time (sites are separated on different areas of the creek). • The size of a single crew working in a sensitive habitat area will not exceed 14 individuals. • Herbicide and refueling will occur only at staging areas, which are located along roads or on degraded areas with no native vegetation. Compacted dirt lots, road shoulders, and old disturbed sites are typically the type of areas that are used for staging. • All regulations involving use of herbicides will be followed including BMP's. Aquatic herbicide formulations will be used when near open water and licensed Qualified Applicators will coordinate all herbicide application. A marking dye will be used to assure that drift or overspray onto non -target vegetation is not occurring. Mowing: • Mowing will be limited due to access, topography and the existing irrigation system. During mowing, a fixed tooth or hammer flail mowing attachment will be mounted on a tractor. The mowing attachment will mulch non-native species into a layer about 1-2" thick. The mowing attachment and tractor do not dig into the soil surface or change topography of the site. All tractors are rubber tired or rubber tracked. • No native vegetation will be mowed. www.hireyouth.org Page 4 - No mowing will occur in the stream channel. - No mulched/mowed biomass will be placed in the stream channel. - All mowed arundo material will be placed over previously existing stands of Arundo. No open habitat or native vegetation will be covered with mowed Arundo mulch. No mowed Arundo mulch shall be placed over previously existing stands of Arundo if there is a likelihood that such material could enter creek flows or other sensitive habitat areas. Revegetation/Native Planting • The Project Manager will coordinate all planting efforts pursuant to the approved Restoration Plan for the project and site conditions. The Project Manager will conduct a pre -installation seeding and container plant training for crews to ensure crew consistency in all methods. The Project Manager will schedule and oversee all re -vegetation efforts. • Broadcast seed will occur by raking the soil into small furrows, spreading a native seed mix as delineated in the approved Restoration Plan for the project, and tamping the soil to create an effective seed -soil interface. Broadcast seed will be applied in areas where invasive species have been substantially reduced and where site conditions pose a strong likelihood of revegetation success. - Container plantings will be installed in a layout as defined by the Project Manager, pursuant to the approved Restoration Plan. Container plantings will be watered by crews via the supplemental irrigation system on a regular schedule, adjusted for seasonal weather events as appropriate. Maintenance. Between March 1P and September 15th - Avian monitors may be used as requested or needed to ensure species avoidance during the avian breeding season. Avian monitors will aid crews in adhering to species avoidance measures and permit requirements, while allowing application of herbicide and low -impact maintenance work. - No powered equipment may be used in the creek portions of the restoration site (with the exception of watering and herbicide treatments with manually -powered or silent pumps) unless otherwise approved by the Project Manager. III. Project Benefits Because non-native species alter ecosystem dynamics and interrupt and redirect native succession, the removal of non-native species from the 2C Ranch Habitat Restoration offers numerous direct and indirect benefits. These benefits include reduction in risk of flooding and fire, improvements in species abundance, increased water conservation, improvement of public open space assets, and restoration of habitat for native wildlife, including several threatened and endangered species. The site's native vegetation serves as critical habitat for many state and federally -listed threatened and endangered species. As areas of non-native species are removed and converted back to native habitat, rare species vwvw.nireyouth.org 4 Page 5 will be able to expand their populations. In addition, ongoing removal of thousands of pounds of illegally -dumped debris from the site allows greater public access to and enjoyment of the project site. IV. Project Approach OCCC staff and restoration crews will work closely with City staff and the Project Manager, Derek Ostensen and Associates, to establish mutually agreed upon work schedules, access plans through sensitive areas, reporting guidelines and work methodologies for the project. OCCCs efforts will adhere to City requirements and the 2C Ranch Habitat Restoration Plan, as well as to established guidelines from existing agency permits for the project and OCTA/HCF/Caltrans funding. V. Project Work Plan Work Item 1: Contracts and Permits 1.1 OCCC shall execute all appropriate contract and insurance documentation pursuant to City contracting requirements. 1.2 All wildlife agency permit requirements will be met. Work Item 2: Work to be Performed 2.1 Comprehensive removal of all non-native species throughout project area over two year period, including any related equipment, herbicide and labor methods. 2.2 Complete oversight, maintenance and repair of site's irrigation system over two year period. 2.3 Limited revegetation of native species via broadcast seed, cuttings and container plantings. Maintenance of new plantings as needed to ensure seed germination and plant survival. 2.4 Maintenance and care of all planting/seeding performed throughout the site by OCCC and other planting contractors. Work Item 3: Schedule 3.1 It is anticipated that a daily, year-round crew of 7 Corps Members and a Supervisor would be present over the two year duration of the scope of work. Maintenance tasks would shift daily according to the direction of the Project Manager and ongoing site conditions; however, weed removal and irrigation maintenance/oversight will likely comprise 90% of each day's tasks. The remaining 10% would comprise planting/seeding and trash/debris cleanup. 3.2 In addition to the year-round crew, additional crews would occasionally work on the site, depending on site conditions. For example, 2-3 times per year, OCCCs herbicide spray truck and crew would visit the site to conduct any herbicide application needed. 5 www.hireyouth.org Page 6 0 Project Bid For: SJC 2C Ranchfrrabuco Creek Restoration Project UPLAND/HILLSIDE PORTION - 40 ACRES Personnel: I Rate Corps Members Hours per Day # of Days Total Hours Cost Crew (Discounted from $21/1-10) $18 3 8 250 6000 $108,000 Subtotal Personnel $108,000 Direct Supplies/Expenses: Tractor $325 Daily Rate 32 $10,400 Labor and Equipment $360 Daily Rate 34 $12,240 Herbicide Included 40 acres Subtotal Supplies/Expenses $22,640 RIPARIAN/CREEK PORTION -14.25 ACRES Personnel: Rate Corps Members Hours per Day # of Days Total Hours Cost Crew (Discounted from $21/Hr) $18 3 8 150 3600 $64,800 Subtotal Personnel $64,800 Direct Supplies/Expenses: Tractor $325 Daily Rate 24 $7,800 Labor and Equipment $360 Daily Rate 20 $7,200 Herbicide Included 14.25 acres Subtotal Supplies/Expenses $15,000 Subtotal for Portion of Work Billed to City/Restoration Grants $210,440 PROPOSED IN-KIND LABOR TO PROJECT FROM CONSERVATION CORPS' WORKFORCE DEVELOPMENT GRANT Labor Teams will primarily be sourced from disadvantaged San Juan Capistrano communities in order to provide meaningful job training and employment opportunities to at -risk San Juan Capistrano youth aged 18-25. Personnel: Rate Corps Members Hours per Day # of Days Total Hours Cost Crew $21 4 8 400 12800 $268,800 Additional Staff Expense $25 1 8 400 3200 $80,000 Subtotal Personnel Cost Donated to City $348,800 TOTAL PROJECT VALUE $559,240 ' Reminder. Total Cost to City's restoration grants is only $210,440 of $559,240 Total Project Value, a 62% savings. The CA Prevailing CD Wage Exemption of the Conservation Corps also provides an pp additional savings vs. private contractors. ORANGE COUNTY toll free: (888) 641 -CORP (2677) CONSERVATION CORPS �,r Earn._Learn... Serve... www.hireyouth.org Toolslo Green the Future! California Conservation Corps' Prevailing Wage Exemption RE: AS 587 PUBLIC WORKS Passed Senate: July 14, 2011 Passed Assem: July 15, 2011 Amended in Senate: July 30, 2011 VOLUNTEER EXCEPTION TO PREVAILING WAGE PAYMENT REQUIREMENT EXTENDED Under a new amendment to California Labor Code Section 1720.4, the volunteer exception covering volunteers, volunteer coordinators and work performed by California Conservation Corns or by Community Conservation Coms has been extended hum January 1 2012 to January 1. 2017. The extension means that at least until January 1, 2017, volunteers working on public work projects such as construction, alteration, demolition, installation or repair work performed under contract and paid for in whole or in part out of public funds, will not be required to be paid the prevailing rate of per diem wages generally required to be paid to public work project workers. Should you have any questions regarding this letter please contact me at (714) 956-6222 x 221. Sincerely, Josh Volp Director of Operations Page 9 6LY,,?6 2/5/2013 D10 City of San Juan Capistrano Agend ort TO: Karen P. Brust, City n FROM: Grant Taylor, Development Services Director Prepared by: William -A. Ramsey, AICP, Assistant Development Services Director DATE: February 5, 2013 SUBJECT: Consideration of a Personal Services Agreement with the Orange County Conservation Corps (OCCC) for the Provision of Services Related to the 2C Ranch/Trabuco Creek Habitat Restoration Plan (CIP 11204, 11205, 11206, and 13201). RECOMMENDATION: By motion; approve a Personal Services Agreement with the Orange County Conservation Corps (OCCC) for invasive plant removal and habitat restoration maintenance work on the 2C Ranch/Trabuco Creek Habitat Restoration Project at a cost not to exceed $210,440. EXECUTIVE SUMMARY: The City has solicited and received a proposal from OCCC for the invasive plant removal and habitat restoration maintenance work required for the 2C Ranch-Trabuco Creek Habitat Restoration Project. The habitat restoration plan, prepared by Derek Ostensen & Associates, the City's open space and conservation consultant, has been prepared to comply with the implementation requirements of several grant award funding sources the City has recently secured. Staff recommends that the City Council approve a Personal Services Agreement with OCCC to be fully funded with Measure M, Caltrans Cooperative, and Habitat Conservation Fund (HCF) Grant monies with no City funds to be used (see Attachment 1, Personal Services Agreement with OCCC). DISCUSSION/ANALYSIS: In September 2010, the OCTA Board awarded the City of San Juan Capistrano a habitat restoration grant of $1.5 million for the 2C Ranch/Trabuco Creek Habitat Restoration Area. The OCTA award is supplemented by a 2009 HCF program grant of $100,000, a 2010 HCF program grant of $99,925 and a $150,000 Caltrans Cooperative Agreement. City Council Agenda Report February 5, 2013 Page 2 of 3 The multiple funding sources supporting implementation of the 2C Ranch/Trabuco Creek Habitat Restoration Plan provide substantial open space benefits including improvement of public trails, enhancement of open space viewsheds, removal of significant litter and debris from public wilderness areas, increased wildlife and biodiversity and the improvement of water quality and sensitive natural resources. OCCC, a 501(c)(3) non-profit founded in 1993, is a voluntary work and learn program that provides opportunities for at -risk and disadvantaged youths, age from 18 to 25. The OCCC program gives corps members a chance to earn a living while learning valuable employment skills through job training and attending the on-site charter school to earn their high school diploma. OCCC's approach to employability teaches teamwork and cooperation by using work projects that are beneficial to the community and the environment and by creating an atmosphere where corps members have the chance to develop on an educational, professional, and personal level. Because OCCC is a not-for-profit organization, it is exempt from the State's competitive bid selection process and from the requirement to pay prevailing wages. Also, OCCC has the ability to secure matching grants for the work they perform. In conjunction with this contract, OCCC has secured a $348,800 "Workforce Development Grant" from the State of California which will allow them to provide $559,240 in services for this project at a cost of $210,440. Consequently, OCCC's non-profit status results in a considerably reduced cost for the work they perform when compared to private contractors. FISCAL IMPACT: This work will be solely funded using grant awards that the City has secured and will require no expenditure of City funds. Project funding is being provided by a $1,500,000 Orange County Transportation Authority (OCTA) Environmental Mitigation Program (EMP) grant, a $150,000 Cooperative Agreement with Caltrans, a $100,000 California 2009 Habitat Conservation Fund (HCF) grant, and a $99,925 California 2010 HCF grant with costs allocated as follows: CIP 11204 Orange County Transportation Authority (OCTA) Environmental Mitigation Program EMP Grant 81.1% CIP 11205 Caltrans Cooperative Agreement 8.1% CIP 11206 2009 Habitat Conservation Fund HCF 5.4% CIP 13201 2010 Habitat Conservation Fund HCF Grant 5.4% ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: On September 21, 2010, the City Council approved a Cooperative Agreement with Caltrans to restore 1.264 acres of riparian habitat along Trabuco Creek with City Council Agenda Report February 5, 2013 Page 3 of 3 Caltrans providing $150,000 in funding. • On December 2, 2010, the City Manager executed a Grant Contract with the State of California for a $100,000, Year 2009 Habitat Conservation Fund (HCF) Grant for the restoration of 7.37 acres of riparian habitat along Trabuco Creek. • On February 1, 2011, the City Council authorized execution of the $1,500,000 M2 Environmental Mitigation Program (EMP) Grant Contract with OCTA for the 54 -acre 2C Ranch-Trabuco Creek Habitat Restoration Project. • On September 21, 2011, the City Manager executed a City Council -approved grant contract with the State of California for a $99,925, Year 2010, Habitat Conservation Fund (HCF) Grant for the restoration of 5.0 acres of riparian habitat along Trabuco Creek. • On November 13, 2012, the City Council approved the purchase of California native plants for the project from Tree of Life Nursery for $87,976.10 and approved the purchase of California native seeds from S&S Seed for $55,858.91 to be fully funded with grant funds. • The City Council or City Manager, as appropriate, have previously approved various contracts including a 5 -year, $148,000 contract with Derek Ostensen & Associates for field management of the restoration project; a $119,990 contract with Orange County Conservation Corps (OCCC) for planting and the installation of the temporary irrigation system; an $18,090 contract with Dudek & Associates for design of the temporary irrigation system; a $107,528 contract with Hydroscape for irrigation system supplies; a $95,130 contract with Dudek & Associates for biological monitoring; a $21,363 contract with Green Product Sales for the irrigation pump; and a $23,460 contract with Tree of Life Nursery for the purchase of first planting phase California native plants. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Josh Volp, Director of Operations, OCCC Derek Ostensen, Derek Ostensen & Associates ATTACHMENTS: Attachment 1, Personal Services Agreement with Orange County Conservation Corps PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of February 2013, by and between the San Juan Capistrano (hereinafter referred to as the "City") and Orange County Conservation Corps (OCCC) (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to implement the 2C Ranch/Trabuco Creek Habitat Restoration Plan and more specifically, to complete invasives and debris removal from the project area. 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 and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2015. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $210,440 (two -hundred and ten -thousand, four -hundred and forty 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. ATTACHMENT 1 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 6. 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 under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, 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, 3 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 VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 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 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, 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William Ramsey, AICP, Principal Planner To Consultant: Orange County Conservation Corps (OCCC) 1853 North Raymond Avenue Anaheim, CA 92801 Attn: Josh Volp, Director of Operations 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. C EXHIBITA ORANGE COUNTY CONSERVATION CORPS CSL6p 960330; 94, C -U DAL: 129097,119093 PREPARED FOR PREPARED BY City of San Juan Capistrano Josh 'i Director of Operations AM; BIII Ramsey, Assistant Director of Orange County Conservation Corps January 16, 2013 Development Services 1853 North Raymond Avenue 32400 Paseo Adelanto Anaheim. CA 92801 San Juan Capistrano, CA 92675 714-956-6222 X 221 ovi hireyouth.oro EXHIBIT A Page 1 • ORANGE COUNTY CONSERVATION CORPS (9100960330; a-1, C -I) January 36, 2013 0A1: 129091, 319093 City of San Juan Capistrano BJII Ramsey, Assistant Director of Development Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: 2C Ranch Habitat Restoration and Invasive Species Removal, San Juan Capistrano Dear Mr. Ramsey, The Orange County Conservation Corps (OCCC) is pleased to provide you with this proposal for removal of invasive plant species, restoration of native habitat, and project maintenance for the 2C Ranch Habitat Restoration Project. OCCC has executed multiple projects of a similar nature throughout Orange County. We sincerely appreciate your interest in partnering with OCCC. Founded in 1993, OCCC is a private non-profit 501(c) (3) organization funded by grants, work contracts, donations and contributions. OCCC serves young adults who need support in the transition from adolescence to adult employability by providing work projects that benefit the community while instilling a work ethic and a sense of public service. In many cases, OCCC provides the first paid work experience for Orange County's young adults. Thank you, Josh Volp Director of Operations Statement of Understanding.....................................I Project Description ...................... _.... _....................... II Project Benefits ..........................................................ill ProjectApproach................. _............................ _...... I V Project Work Plan......................................................V Project Budget............................................................VI Local Corps Wage Exemption..................................VII I ..hireyouth.org Page 2 Statement of Understanding As part of its 2C Ranch Habitat Restoration project, the City of San Juan Capistrano requires project maintenance services to ensure that the habitat restoration site is kept free of non-native weeds, that all irrigation systems are properly working or repaired as needed, that recent plantings/seedings are receiving adequate care, and that the site is maintained in a clean and safe manner for the public Project Description The project area is within the San Juan Creek Watershed downstream of the Trabuco tributary from Rancho Viejo Road to just east of Alipaz Road. The project area is linear, meandering approximately 2 miles in length from the northeast to the southwest end of the project boundaries. The area has experienced substantial invasion by non-native species, but the preceding 2 years of removal have significantly reduced populations and revegetation efforts are currently underway. The project area is 54.25 acres. Invasive Removal For a period of two years, the invasive removal scope would be to remove all existing or newly germinated non-native species from the entire project area. Invasive removal would include approximately 40 acres of upland habitat and 13 acres of riparian habitat along the creek. The majority of non-native species will be removed manually via hand loppers, weed trimmers, machetes and chain saws. Arundo biomass will be stockpiled for chipping and reused as mulch within site trails, and/or hauled off site for disposal. Most shrub and tree biomass will be chipped and used as mulch within the site, with the exception of any non-native seed -bearing vegetation, which will be fully disposed of off-site. Permit - approved herbicides may be used to aid invasive removal efforts, In coordination with the Project Manager, Particular care will be given to ensure native species, including new plantings/seedlings, are not damaged by weed removal efforts. Maintenance and Repair of Irrigation System OCCC installed the extensive irrigation currently in use on the site. Accordingly, crews have intimate knowledge of its workings. As part of the scope of work, OCCC will continually monitor, maintain and repair (as needed) the irrigation system to ensure full functionality and performance. The irrigation system will be regularly reviewed to monitor line breaks or clogs, to ensure proper coverage of revegetation areas and to adjust spray patterns, controllers and schedules as needed to ensure revegetation success. OCCC is aware that the cost of Irrigation repair materials will be paid for by the City outside of this habitat maintenance contract; however, our scope does include all labor costs to fulfill oversight, testing, maintenance and repair of the irrigation system on an ongoing basis. Page 3 Limited Planting of Native Species Maintenance of a weed and trash -free site, as well as ongoing oversight of the irrigation system, will be the primary scope of work. However, on occasion OCCC crews will conduct limited planting of native species in order to remedy any poorly -performing revegetation areas or to enhance the density and biodiversity of certain portions of the site. Planting work will be coordinated by the Project Manager, Derek Ostensen and Associates. Maintenance of a Clean and Safe Work Site OCCC crews will continually remove any trash, debris or other unwarranted material on site. Crews will also clearly mark and flag any safety hazards to avoid public danger and will promptly remedy any such unsafe conditions, including but not limited to ruts/holes in the trail, fallen tree branches, or debris piles. General Best Management Practices JarBestorntion Crews: • The Project Manager, Derek Ostensen and Associates, will oversee all crew efforts to ensure low -impact work methods are implemented, including access points, species avoidance, staging areas, and water quality protection. • Particular caution will be given to maintaining a safe work site for any nearby public, including hikers, equestrians, mountain bikers, and other open space users. • Only one crew will operate at a given site at a time (sites are separated on different areas of the creekj. • The size of a single crew working in a sensitive habitat area will not exceed 14 individuals. • Herbicide and refueling will occur only at staging areas, which are located along roads or on degraded areas with no native vegetation. Compacted dirt lots, road shoulders, and old disturbed sites are typically the type of areas that are used for staging. • All regulations involving use of herbicides will be followed including BMP's. Aquatic herbicide formulations will be used when near open water and licensed Qualified Applicators will coordinate all herbicide application. A marking dye will be used to assure that drift or overspray onto non -target vegetation is not occurring. Mowing: • Mowing will be limited due to access, topography and the existing irrigation system. During mowing, a fixed tooth or hammer flail mowing attachment will be mounted on a tractor. The mowing attachment will mulch non-native species into a layer about 1-2" thick. The mowing attachment and tractor do not dig into the soil surface or change topography of the site. All tractors are rubber tired or rubber tracked. • No native vegetation will be mowed. 3 www.hmvyoutn.org Limited Planting of Native Species Maintenance of a weed and trash -free site, as well as ongoing oversight of the irrigation system, will be the primary scope of work. However, on occasion OCCC crews will conduct limited planting of native species in order to remedy any poorly -performing revegetation areas or to enhance the density and biodiversity of certain portions of the site. Planting work will be coordinated by the Project Manager, Derek Ostensen and Associates. Maintenance of a Clean and Safe Work Site OCCC crews will continually remove any trash, debris or other unwarranted material on site. Crews will also clearly mark and flag any safety hazards to avoid public danger and will promptly remedy any such unsafe conditions, including but not limited to ruts/holes in the trail, fallen tree branches, or debris piles. General Best Management Practices for Restoration Crews: • The Project Manager, Derek Ostensen and Associates, will oversee all crew efforts to ensure low -impact work methods are implemented, including access points, species avoidance, staging areas, and water quality protection. • Particular caution will be given to maintaining a safe work site for any nearby public, including hikers, equestrians, mountain bikers, and other open space users. • Only one crew will operate at a given site at a time (sites are separated on different areas of the creek). • The size of a single crew working in a sensitive habitat area will not exceed 14 individuals. • Herbicide and refueling will occur only at staging areas, which are located along roads or on degraded areas with no native vegetation. Compacted dirt lots, road shoulders, and old disturbed sites are typically the type of areas that are used for staging. • All regulations involving use of herbicides will be followed including BMP's. Aquatic herbicide formulations will be used when near open water and licensed Qualified Applicators will coordinate all herbicide application. A marking dye will be used to assure that drift or overspray onto non -target vegetation is not occurring. Mowing: • Mowing will be limited due to access, topography and the existing irrigation system. During mowing, a fixed tooth or hammer flail mowing attachment will be mounted on a tractor. The mowing attachment will mulch non-native species into a layer about 1-2" thick. The mowing attachment and tractor do not dig into the soil surface or change topography of the site. All tractors are rubber tired or rubber tracked. • No native vegetation will be mowed. www.h1myouth.org Page 4 • No mowing will occur in the stream channel. • No mulched/mowed biomass will be placed in the stream channel. • All mowed arundo material will be placed over previously existing stands of Arundo. No open habitat or native vegetation will be covered with mowed Arundo mulch. No mowed Arundo mulch shall be placed over previously existing stands of Arundo if there Is a likelihood that such material could enter creek flows or other sensitive habitat areas. Bevegetatlan/Native planting • The Project Manager will coordinate all planting efforts pursuant to the approved Restoration Plan for the project and site conditions. The Project Manager will conduct a pre -installation seeding and container plant training for crews to ensure crew consistency in all methods. The Project Manager will schedule and oversee all re -vegetation efforts. • Broadcast seed will occur by raking the soil Into small furrows, spreading a native seed mix as delineated in the approved Restoration Plan for the project, and tamping the soil to create an effective seed -soil interface. Broadcast seed will be applied in areas where invasive species have been substantially reduced and where site conditions pose a strong likelihood of revegetation success. • Container plantings will be installed in a layout as defined by the Project Manager, pursuant to the approved Restoration Plan. Container plantings will be watered by crews via the supplemental irrigation system on a regular schedule, adjusted for seasonal weather events as appropriate. Maintenance: Between March 15ih and September 15th • Avian monitors may be used as requested or needed to ensure species avoidance during the avian breeding season. Avian monitors will aid crews in adhering to species avoidance measures and permit requirements, while allowing application of herbicide and lowimpactmaintenance work. • No powered equipment may be used in the creek portions of the restoration site (with the exception of watering and herbicide treatments with manually -powered or silent pumps) unless otherwise approved by the Project Manager. III. Project Benefits Because non-native species alter ecosystem dynamics and interrupt and redirect native succession, the removal of non-native species from the 2C Ranch Habitat Restoration offers numerous direct and Indirect benefits. These benefits include reduction in risk of flooding and fire, improvements in species abundance, increased water conservation, improvement of public open space assets, and restoration of habitat for native wildlife, including several threatened and endangered species. The site's native vegetation serves as critical habitat for many state and federally -listed threatened and endangered species. As areas of non-native species are removed and converted back to native habitat, rare species w .hlrayoum,org Page 5 Project Bid For: SJC 2C Ranchfrrabuco Creek Restoration Project UPLAND/HILLSIDE PORTION - 40 ACRES Personnel: Rate Corps Members Hours per Day # of Days Total Hours Cost Crew (Discounted from $21/Hr) $18 3 8 250 6000 $108,000 Subtotal Personnel $108,000 Direct Supplies/ Expenses: Tractor $325 Daily Rate 32 $10,400 Labor and Equipment $360 Daily Rate 34 $12,240 Herbicide Included 40 acres Subtotal Supplies/Expenses $22,640 co (D RIPARIAN/CREEK PORTION -14.25 ACRES Personnel: Rate Corps Members Hours per Day # of Days Total Hours Cost Crew (Discounted from $21/Hr) $18 3 8 150 3600 $64,800 Subtotal Personnel $64,800 Direct SupplieslExpenses: Tractor $325 Daily Rate 24 $7,800 Labor and Equipment $360 Daily Rate 20 $7,200 Herbicide Included 14.25 acres Subtotal Supplies/Expenses $15,000 Subtotal for Portion of Work Billed to City/Restoration Grants $210,440 M PROPOSED IN4(IND LABOR TO PROJECT FROM CONSERVATION CORPS' WORKFORCE DEVELOPMENT GRANT Labor Teams will primarily be sourced from disadvantaged San Juan Capistrano communities in order to provide meaningful job training and employment opportunities to at -risk San Juan Capistrano youth aged 18-25. Personnel: Rate Corps Members Hours per Day # of Days Total Hours Cost Crew $21 4 8 400 12800 $268,800 Additional Staff Expense $25 1 8 400 3200 $80,000 Subtotal Personnel Cost Donated to City $348,800 TOTAL PROJECT VALUE $559,240 • Reminder. Total Cost to City's restoration grants is only $210,440 of $559,240 Total Project Value, a 62% savings. The CA Prevailing Wage Exemption of the Conservation Corps also provides an additional savings vs. private contractors. ORANGE COUNTY toll free: (888) 641 -CORP (2677) CONSERVATION CORPS :r ♦,r &an..Aemn..Sewe_. wwml ireyouth.org Took to Green the Futu: California Conservation Corps' Prevailing Wage Exemption RE: AS 587 PUBLIC WORKS Passed Senate: July 14, 2011 Passed Assam: July 15, 2011 Amended in Senate: July 30, 2011 VOLUNTEER EXCEPTION TO PREVAILING WAGE PAYMENT REQUIREMENT EXTENDED Under a new amendment to California Labor Code Section 1720.4, the volunteer exception covering volunteers, volunteer coordinators and work performed by Califomia Conservation Corps or by Community Conservation Corps has been extended from January 1. 2012 to January 1. 2017. The extension means that at least until January 1, 2017, volunteers working on public work projects such as construction, alteration, demolition, installation or repair work performed under contract and paid for in whole or in part out of public funds, will not be required to be paid the prevailing rate of per diem wages generally required to be paid to public work project workers. Should you have any questions regarding this letter please contact me at (714) 956-6222 x 221 Sincerely, Josh Volp / Director of Operations Page 9 324OO PASEO AOELANTO SAN JUAN CANSTNANO. CA 92675 (949) 4931171 (94914931053 FAX xR'msanluanrapcltrann.org UEMBER of CT CO L SAW Am ROYL SM M. ND. UJ KRAMER DEREKKE JOAN Tnng NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, February 5, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of a Personal Services Agreement with the Orange County Conservation Corps (OCCC) for the Provision of Services Related to the 2C Ranch/Trabuco Creek Habitat Restoration Plan (CIP 11204, 11205,11206, and 13201 )." — 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 speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday,February 4, 2013, 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 Bill Ramsey, Assistant Development Services Director. 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.sanivancapistrano.orq. 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: citvclerk aa)sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Josh Volp, Director of Operations, OCCC; Derek Ostensen, Derek Ostensen & Associates .San Juan Capistrano: Piv.verving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX 1rttiil:sanjaaNcapisirarlo. olb TRANSMITTAL TO: Orange County Conservation Corps (OCCC) Attn: Josh Volp, Director of Operations 1853 North Raymond Avenue Anaheim, CA 92801 DATE: February 8, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNGL SAM ALLEVATO ROY L. BYRNES. MA. LARRYKRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Complete Invasives and debris removal from the 2C Ranch-Trabuco Creek Habitat Restoration Project Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Bill Ramsey, Assistant Development Services Director at (949) 443-6334. Enclosed is an original agreement for your records. Cc: Bill Ramsey, Assistant Development Services Director Ayako Rauterkus, Management Analyst Saar Juan Capisu-ano: Preserving the Past to Enhance the Futuut too) printed on 1W% m yded paper Christy Jaki From: Sent: To: Cc: Subject: Attachments: Good Morning, Christy Jakl Friday, February 08, 2013 9:32 AM Bill Ramsey Ayako Rauterkus; Manny Ruelas PSA OCCC 13-0205 OCCC PSA.pdf For your records, attached is the PSA with OCCC for 2C Ranch Project, A copy of the agreement, supporting documents and PO have been submitted to Finance for processing. Thanks! Christi RAI,) cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 i (949)493-1053 fax Please share your experience with the City by taking our Survey. 1 CITY OF SAN JUAN CAPISTRANO CONTRACT TRANSMITTAL FORM r`I<IFOR'`A Date: 2/4/13 City Council, SJCHA or SACRA Meeting Date (if applicable): Brief description of services to be provided:.Complete missives and debr s repro spell for 2C Rannh?rah co Creak Habitat Restoration PrIlMct Submitting Department: Development Services Staff Contact: Bill Ramsey Please sign each original of the attached Agreement/Contract, where indicated and circulate in the below route order (Please note the procurement limitations below). When the contract is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department, and will mail a signed original to the contracmr/consultant. Route To: Head (� Approved 0 Not Approved Director's Initials/Date Q City Attorney Approved as to Form Not A roved Procurement: = $10,000 or less —(Deportment Head's Authority) i=s 001-$45,000—(Ciy Managers AuNory) 45,001 or over -(Ciy Cou n/ val Required') 'Dateofcouecil Approvd: or Resolution. No.: Public Contracts $45,000 or less — (City Managers Aurhordy Regmred) =Public Contracts over $45,000 — (Ciy Counml'sAuthody Required') 'Dam of Council Approval: or Resolution. No: ppInsurance Requirements: City Attorney's Initials/Date 1 til h7 q (� Commercial/General Liability Q CFO/Treasurer =Auto Liability = Professional/Emors and Omissions 0 Worker's Compensation (] Funding Available = Additional Insured Endorsement r—luo Funding Available O Public Works Contracts – Labor/Material& Performance Bonds Bu Iget Resolution Required ra7��S�1 � .d q� Notes: � n rini )'f Yl iV2 Ld,�oap.1 ll, 64LO *l 5 CFO?reasurer's Initials/Date-n� �n a d0� arv�URZ=bDiSF ❑ CityManager � 1�.. n � 0 Approved '0"I'C`^ l� Denied City Manager's Initial's/Date: N City Clerk (For Final Routing) Approval Process Completed – Copy of Contract Transmittal Form with documents forwarded to FS Department. Denied–Remmed to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial's/Date: 1. Contractor/Consultant Name: orange county conservation Cores 2. Business License: ❑ Yes W No License Number:x 60"D ku pv`ti . Date of Expiration W" p (;l O I ,MP 3. Contract Amount: 210,"0 L '1 /74- 4. Budget Account Number: so-e2lag-62501-112oan12osn12ow132m,000 5. City Services and Facilities to be provided (If Applicable): WA 6. Is this a standard City contract? Q Yes [:]No If no, explain: 7. Are two original contracts submitted? 0 Yes ❑ No If no, explain: 8. Contract Date: 715/13 Expiration Date: 1W31/15 9. Insurance Certificate attached: M Yes ❑ No If no, explain: 10. Purchase Requisition attached: 0 Yes ❑ No If no, explain: IL Bid Recap Attached: ❑ Yes ZNo If no, explain: Dft( IS P qon- pro'A'i' 12. W-9 Form Attached: ❑ Yes ❑I• No If no, explain: occc is not a newvendar. 13. New Vendor Application Form Attached: ❑ Yes Q No If no, explain: _ OCCC is not a new vendor. 14. Does this document need to be recorded? ❑ Yes Fol No The Financial Services Departtnent will issue a Purchase Order (PO) to the submitting depamnent, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office.