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14-0916_HABITAT RESTORATION SCIENCES, INC._Personal Services Agreement First AmdFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT ("First Amendment") between the CITY OF SAN JUAN CAPISTRANO ("City") and Habitat Restoration Sciences, Inc., ("Consultant") is made and entered into, to be effective the day of September, 2014, as follows: RECITALS WHEREAS, the City and Consultant have entered into a Personal Services Agreement, dated December 17, 2013, for Year One of the final phase maintenance of the 2C Ranch- Trabuco Creek Habitat Restoration Project including management oversight of the installation of native container plants and the application of native plant hydroseeding, irrigation system repair and adjustment, re -planting and re -seeding California native plants on an as -needed basis, and removal of non-native plant species (the "Agreement"); and, WHEREAS, the Agreement expires on December 31, 2014; and, WHEREAS, the City has identified significant cost -savings and workflow efficiencies which would result from extending the term of the Agreement until Consultant has achieved the "Success Criteria" and other measures needed to obtain final acceptance and sign off by the necessary resource agencies; and, WHEREAS, the City and Consultant desire to extend the Agreement through March 31, 2017 and amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the following Sections of the Agreement: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit' A," attached hereto 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. In addition to the general maintenance, remedial planting, irrigation, management and other tasks identified in the Scope of Work attached hereto as Exhibit "A", it is expressly noted that Consultant is also providing in its Exhibit "A" proposal, and is hereby contractually obligated to fulfill, an Achievement of Success Criteria Guarantee. Consultant hereby acknowledges that it has reviewed and will achieve the Success Criteria described on pages 9 and 10 of the April 15, 2011, 2C Ranch/Trabuco Creek Habitat Restoration and Enhancement Plan, which are attached hereto as Exhibit "B" and incorporated herein by reference, and any other remedial measures required by the necessary resource agencies, including without limitation the Orange County Transportation Authority, to achieve official Project Completion/Sign-Off. Consultant agrees to fulfill its Achievement of Success Criteria -1- within the term of specified in Section 2 of this First Amendment, for compensation not to exceed the amount specified in Section 3 of this First Amendment. Section 2. Term. The term of the Agreement shall extend to March 31, 2017 or until the date Consultant achieves official Project Completion/Sign-Off, whichever is earlier. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $654,220 ($299,416 for the original Agreement, plus an additional $354,804 for this First Amendment) as set forth in Exhibit "A" attached hereto and incorporated herein by reference. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATI la HF'F'KUVtU H5 I U rUKIVF BY: an V ,p-Ughten, City Attorney -2- 5.woz9 1 CITY OF SAN JUAN CAPISTRANO By: m All toSaAeva, Mayor CONSULTAN By: _. Peter Trotta Habitat Restoration Sciences, Inc. EXHIBIT A 10HRS COVER LETTER August 11, 2014 Ayako Rauterkus City of San Juan Capistrano Development Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal for Maintenance at the 2C Ranch/Trabuco Creek Habitat Restoration Project Dear Ms. Rauterkus: Habitat Restoration Sciences, Inc. (HRS) is a full-service A —General Engineering and C-27 Landscaping firm who specializes in native habitat restoration and mitigation. Our staff has successfully performed habitat restoration installation and long-term maintenance along with erosion control services for over 20 years. HRS staff is currently working with the City of San Juan Capistrano (City) and has worked in Orange County for over 20 years providing habitat restoration and maintenance services. We have achieved agency sign -off on more than 30 projects during this time. We maintain a close relationship with our clients to promote a high degree of communication and coordination, which translates to superior project results for the City. We understand that the City is looking for a habitat maintenance contractor to facilitate the successful establishment and management of native habitat within 54 -acre 2C Ranch-Trabuco Creek project area with the appropriate skill set the achieve project sign -off in a timely and cost efficient manner. For this project, we have assembled a team of habitat restoration specialists that have maintained several projects similar in size and scope, and have met their success criteria and received sign off by the agencies. The HRS team understands the critical issues of the project and we have extensive experience in the following: • Completing successful habitat restoration projects using in-depth knowledge of local habitat types in the Orange County area • Procuring additional trained staff and equipment necessary when necessary due to the financial stability of the company • Troubleshooting and resolving irrigation issues and maintaining a functioning system • Using an "adaptive management" approach to our projects by working closely and effectively communicating with all Team members We will actively manage this project in accordance with the scope of work. HRS applies creative solutions to each of our projects and we have included these ideas in our submittal. Our team has A & C 27 LIC No. 842661 I IRSRESPORAI10N.COM 4901 EI Camino Real, Suite D Carlsbad, CAF0111ia 92008 (760) 479-4210 office (760) 479-4190 fax worked together for over 20 years and we are able to integrate our collective expertise and work together to create positive results. In particular, for the weed management, we will utilize the skills and expertise of Mr. Robert Mackie, who is our in-house Pest Control Adviser (PCA). He will be supported by our 13 Licensed Qualified Applicators (QAL) team members. Our staff will remain in close contact with the City to report on our progress, track important aspects of the project, and anticipate the steps required to ensure project goals are met. HRS has worked on a number of similar upland and riparian projects that were successful and signed -off including: • Twin Oaks Valley Mitigation Site — City of San Marcos • Bee Canyon Mitigation Site — OCW&R • The Crossings Golf Course Restoration Project — City of Carlsbad • Copper Creek Mitigation Site — City of San Marcos Additionally, HRS has extensive experience and a proven record with the resource agencies in meeting a successful conclusion. We pride ourselves on spotting and recommending corrections for any potential problems early in the process so success is achieved in the shortest possible time and in an economical manner. We feel confident that we have put together a team that understands and is ready to provide the services required for the City to reach its goals, objectives and performance standards for this project. We understand that we will provide a contractual guarantee to the City that this project will achieve its success criteria within the approved, not -to -exceed contract amount. Thank you for the opportunity to demonstrate our ability to provide maintenance services. HRS is extremely proud of our performance record in successful native plant habitat projects. We welcome the opportunity to further our working relationship with the City. If you have any questions or concerns, please contact me at 760.479.4210 or mgirardahrs.dudek.com. Required Statements This proposal is valid for at least a 90 -day calendar day period. HRS is amendable to all provisions in the City's standard agreement. HRS assumes maintenance state prevailing wages for all tasks associated with this project. Sincerely, r I -F Mark Girard Pr'estdent-Go-Founder___ _ Habitat Restoration Sciences, Inc. Lic. A &C -P #842661 111RS 2C Ranch/Trabuco Creek HRP 2 A. PROPOSED SCOPE OF WORK Project Understanding HRS has fully reviewed the project site, maps, and information that was provided by the City. This is a 54 -acre project site that consists of 40 upland/CSS acres and 14 riparian acres. Planting and seeding was completed by PRG in January and February of 2014 with the site progressing well since then. On-going maintenance will be required in all areas to control non-native species and remedial container plant installation and seeding will be required in some areas that are not performing to the required criteria. Scope of Work and Approach Achievement of Restoration Plan Success Criteria Guarantee HRS understands that we will be responsible for maintaining/adjusting/repairing the temporary irrigation system as needed, invasive plant/weed removal, remedial planting and seeding necessary to achieve Success Criteria and any other measures as needed to obtain final acceptance and sign - off by the Resource Agencies. The 40 acre upland/CSS area had the container plants and seed installed in December 2013. The project permits require that the upland areas be off irrigation for two years prior to receiving agency sign -off. This would require the newly installed plants to be watered only through May 2014 and then be reliant on natural rainfall to meet the May 2016 deadline. Although there is a possibility that the plants will be self-sustaining after that short time period it is high risk to stop irrigating the plants prior to their first summer which could result in high mortality. For this reason, HRS has developed a schedule that will aim for a December 2016 sign -off date. Refer to the project schedule for a breakdown of the specific tasks and timeframe. We are confident this schedule will provide the desired results to the City with the greatest utilization of resources that have already been allocated to purchasing plants, seed, and past work that has been completed. Ongoing Maintenance of Irrigation System HRS will provide remedial system repair/modification measures needed to ensure optimal irrigation system performance. Our irrigation specialist, Mr. Jon Stafford will monitor the project boundaries to ensure proper irrigation coverage and make adjustments on an as -needed basis throughout the maintenance period to ensure the survival of the installed container plants as well as any seedlings that germinate from the seed application. Non -Native Species and Weed Maintenance The HRS team will work in close coordination with the City's Biological Monitor and Project Manager during all phases of habitat maintenance. HRS is committed to the task of weed control throughout the mitigation area that effectively reduces weed reproduction in a manner that supports native habitat development. HRS 2C Ranch/Trabuco Creek HRP The primary concern for the site will be addressing the non-native species that are present and that will continue to germinate without proper control. HRS will utilize both mechanical and chemical methods, depending on the specific target species, to control invasive plants and not damage any native species in the near proximity. HRS will utilize a site-specific Plant Identification Manual that will be kept on-site and utilized by the field crew. This manual features photos of natives, non -natives, and rare and sensitive species in both seedling and full-grown stages of growth. We have successfully used these manuals in past projects as a quick reference guide for the crew as they work in varied landscapes and environments. We believe one of the foundations for successful habitat restoration is the elimination of weed reproduction that perpetuates weed populations and competition with native plants. The weed control measures to be implemented will vary depending upon the species but will ultimately ensure they are controlled prior to setting viable seed. A second foundation for habitat restoration is the soil in which habitat is expected to establish. In areas that do not demonstrate strong native plant germination, HRS will analyze soil conditions that are likely to contribute to poor vegetation performance. One of the main tools we will employ is soil and plant tissue analysis. This technique allows a detailed examination of soil chemistry and plant nutrient uptake that can isolate chemical imbalances that inhibit plant growth and seed germination. Specific soil treatments can be identified and implemented once this analysis is complete. A third foundation of successful habitat restoration is a proper watering schedule that is ecologically appropriate for the specific habitat type HRS will adjust the irrigation program throughout the year to supplement native rainfall in order to accelerate habitat establishment and promote deep root establishment, a key component of self-sustaining habitat. This foundational approach will guide HRS in the implementation of habitat maintenance services to promote the success of this habitat mitigation project. HRS is familiar with the City's staff, contract, and billing requirements. We are always prepared for any issues that may arise with a project and ready to offer solutions. We are also familiar with the laws and regulations governing this type of mitigation project, as well as the California public works contract codes. Our team will work closely with the City to ensure all work is performed in compliance with all federal, state, and local laws and regulations, CEQA documents, and resource and regulatory agency permits for this site. Remedial Container Planting and Seeding (As Needed) HRS will purchase and install 5,000 container plants. Labor for the installation of these container plants is included in the detailed cost breakdown. Installation of these plants will take place in October 2014. The specific location chosen for the installation of the remedial container plants will be areas that are not meeting the required native cover criteria and as determined by the HRS project manager. HRS will monitor the site conditions following the container plant and seed installation to determine if further remedial work is needed and will take to necessary action to meet the required success criteria. k' 2C Ranch/Trabuco Creek HRP Water Usage and Cost Management HRS will manage water usage throughout the site to optimize budget while still providing the site with all the necessary amount of water for the plant and seed germination to be successful. As detailed in the project schedule, the watering for the maintenance period will continue through December 2014 (in order for the project to be off irrigation for two years by the anticipated sign - off date of December 2016). The irrigation schedule will be adjusted throughout the year to supplement native rainfall in order to accelerate habitat establishment and promote deep root establishment. This will be a key for the success of the upland/CSS area which will only be irrigated for I year Qanuary 2014 — December 2014) and then will be reliant on natural rainfall. Guarantee HRS understands that our cost and scope shall assume a maintenance guarantee intended to ensure that the project will meet the required success criteria and ultimately achieve the resource agency sign -off. We understand that HRS shall be responsible through its maintenance guarantee to maintain the site until which time all success criteria have been met at no additional cost to the City. As detailed in the project schedule, HRS anticipates project sign -off to occur in December 2016. (Note: any repair work due to a catastrophic natural event beyond the control of HRS would be considered an additional service to the maintenance scope of work.) Services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. HR►' 2C Ranch/Trabuco Creek HRP 5 The project permits require that the habitat be self -staining (off irrigation for 2 years) prior to agency sign -off. For this reason, HRS anticipates a project completion date of December 2016. In order to allow the maximum establishment of the newly installed container plants and seed from the January and February 2014 work by PRG, HRS has assumed that the irrigation system will be active through December 2014. HRS is confident that by May 2016, the project will have met the required success criteria but in order to comply with the permits and be off irrigation for two years — the dates below are shown. If any exception can be made to the permit requirements with regard to the irrigation being off, given the specific intricacies that have been involved with this project, the original project completion date of May 2016 is still feasible. All dates shown below are estimates based on the understanding of current project conditions by HRS. HRS will work closely with the City and the Project Manager to make adjustments as necessary to ensure the project is on track for the most efficient time frame possible to achieve agency sign -off. Task Dates Irrigation system maintenance Contract start through December 2014 (Irrigation system is turned off as of December 2014) Non-native species and weed maintenance Contract start through December 2016 (or success criteria has h been achieved) October 2014 Remedial container planting and seeding Water usage and cost management Contract start through December 2014 R5 2C Ranch/Trabuco Creek HRP C. BID PROPOSAL Cost Summary Below please find the cost summary for the Maintenance at the 2C Ranch/Trabuco Creek Habitat Restoration project. Contingency funds will be used at the discretion of HRS to address any additional work required not included in the proposed scope such as additional remedial planting and seeding, irrigation repairs, weed removal, etc. Task Description Total Cost 1 Erosion Control $ 15,524.00 2 Remedial Planting $ 44,840.00 3 Irrigation system maintenance $ 18,560.00 4 Non-native species and weed maintenance $ 184,440.00 5 Water usage and cost management $ 58,160.00 6 Contingency $ 33,280.00 Contract Total $ 354,804.00 Assumptions: HRS assumes state maintenance prevailing wages. HRS assumes watering will occur through December 2014 only. If watering occurs beyond this date as requested by the City then additional budget would be required to cover these costs. URS 2C Ranch/Trabuco Creek HRP LINE -ITEMIZED BID PROPOSAL % 0 � cu ± m 0 U v Co w U 04 &g0C)m0 7\§§\%® \ �\ \ } �"^_ k§ \ co - - \CID \ \ . _a }. .. . /) \ o_ u k; §7%[ § §0o00 R0 @§ 2 /° 2/ { 00N }, , §§ oo § ILL !rn § A;/ ` % 7co , � \ 0 § § D f / ) } � 2co T ) � a § _ \ - k �� ,(D ( (�/- 7 ° _ _ !f | - } . a $2§[ 5 6 ,f§)]i ��i=r !2(§mf$t ° k �®��+ ({ ^ « § § mƒ;2]3o�>�t;G §%+[|`�< »a f f a R 2 EXHIBIT B Objective 3: Maintain natural hydrology patterns across the site and enhance water quality for this important coastal watershed by removing selected debris and non-native species. Objective 4: Plant 13 acres of appropriate native species, including those consistent with willow scrub and mulefat scrub riparian communities, within a one year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Improve habitat quality for coastal sage scrub plants and wildlife species by increasing native habitat diversity, density, and structure within 40 acres of upland hillside. Objective 1: Remove 40 acres of invasive, non-native species including but not limited to artichoke thistle and mustard (Cynara cardunculus and Brassica spp.) within a one year time frame. Perform repeated remedial invasive removal follow-ups over 5 years. Objective 2: Restrict illegal public access through the site, particularly from mountain bikers, within a one year time frame and properly maintain approved, low -impact access through the site in perpetuity. Objective 3: Plant 40 acres of appropriate native species, including those consistent with coastal sage scrub communities, within a two year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Strengthen the critical Trabuco Creek Wildlife Linkage through the use of adaptive management techniques and comprehensive data collection. Objective 1: Establish comprehensive baseline data of entire 53 acre project area and relevant adjacent open space, including current species, likely wildlife movement patterns and habitat characteristics prior to beginning any restoration work. Objective 2: Comprehensively monitor restoration progress to identify changes in species populations, quality, diversity and movement. Objective 3: Combine continued data monitoring with adaptive management techniques to adjust restoration methodology to maximize project benefits to Trabuco Creek Wildlife Linkage and species. 5.0 Success Criteria The performance standards proposed for this restoration are as follows: 13 acre Willow Woodland, Riparian Scrub and Transitional Zone Area: Restoration plantings shall attain a minimum of 75% native cover after 3 years 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California and 90% cover after 5 years with less than 5% cover by non-native species and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. 40 acre Coastal Sage Scrub Area: Restoration plantings shall attain 50% native shrub cover after 3 years, and 75% native shrub cover after 5 years, with less than 5% cover by non-native species (except annual grassland, which will have less than 10% cover), and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. Species Success Criteria: The City contracted Dudek and Associates in 2008 to complete a habitat and wildlife study of the project area and adjacent open space. This study was completed in June 2008 and documented a number of sensitive species on or closely adjacent to the project site. This study has been expanded in recent months to incorporate additional biological baselines for plant and wildlife species, such as percent habitat cover suitable for sensitive species such as least Bell's vireo, thereby providing a more comprehensive foundation to assess species responses to habitat restoration. Continuing assessment will focus on demonstrating upward trends in presence, abundance, nesting/breeding activity, and/or diversity of selected target species or groups of species (e.g., riparian birds). Target species selection will focus on species that are indicators of habitat conditions, and may include covered species (as appropriate) and/or non -sensitive common species. Additional assessments will include review of conditions such as soil suitability, topography, hydrology and other characteristics noted in Section 2.6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. TABLE 1.0 Current Percent Cover by Habitat and Proposed Restored Percent Cover Habitat Type Acres/Current Percent Native Cover Proposed Acres/Proposed Restored Percent Cover Willow Woodland and Riparian Scrub 5.3 acres 0-5% Cover Class 1 5.3 acres, 90% or greater Willow Woodland and Riparian Scrub 3 acres 5-25% Cover Class_2 3 acres, 90% or greater Riparian - Upland Transitional Zone 4.7 acres 0-5% 24.7 Cover Class 1 acres, 90% or greater j 13 acres, 90% or greater Riparian Subtotal 40 acres < 5% Cover Class 1 Coastal Sage Scrub 40 acres, 75% or greater Upland Subtotal 40 acres, 75% or greater Total 53 acres 2C Ranch/Trabuco Creek Restoration Plan 10 San Juan Capistrano, California