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HomeMy WebLinkAbout2013-09-24 - AGENDA REPORTS - ARUNDO REMOVAL PROJ R4002CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 3 CITY OF SANTA CLARIT; AGENDA REPORT City Manager Approval: Item to be presented by: September 24, 2013 AWARD CONTRACT FOR ANNUAL ARUNDO REMOVAL FROM THE SANTA CLARA RIVER, PROJECT R4002 Public Works RECOMMENDED ACTIONS City Council: 1. Award a contract to R.A. Atmore & Sons, Inc., in the amount of $247,792 and authorize a contingency in the amount of $47,363 for a total contract amount not to exceed $295,155. 2. Authorize the City Manager or designee to modify all documents to the contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. BACKGROUND Since 2006, the City of Santa Clarita (City) has undertaken a regional arundo and salt cedar tamarisk eradication program in the Upper Santa Clara River Watershed. The restoration of riparian habitat through the removal of these invasive plant species improves water quality, increases water supply, and reduces the risk of flooding and wildfire hazards. The effort resulted in the development of the Upper Santa Clara Arundo River Watershed Removal Plan and site specific plan for the river property owned by the City, as shown on the map on Attachment A. To date, over 100 acres of the 297 acres of City -owned river property in this area have been assessed and treated. APPROYED Negative effects of arundo include: • Reduction in surface and groundwater availability, because arundo uses two to three times more water than native plants • Increased river bank erosion due to the diversion of water around established stands • Increased fire fuel loads, thereby encouraging wildfire intensity and spread • Displacement of riparian habitat due to dense monocultures of arundo and through monopolization of soil moisture • Reduction in the food supply of riparian -dependent wildlife • Reduction of wildlife utilization of an infested area • Reduction in shading of surface water, resulting in higher water temperatures and lower dissolved -oxygen content, which is harmful to native fish in the area. In addition, tamarisk drops salt from its leaves to prevent competing plants from growing around it, Removing the 446 acres of tamarisk from the upper Santa Clara River would prevent about 15,883 pounds of salts per year being deposited in the Santa Clara River. This is less than 1 percent of the amount of chloride salts the Saugus and Valencia Water Reclamation Plants discharge annually. Removing these plants helps increase the quality of the water, improves habitat, reduces the risk of wildfires spreading through the river, and increases the quantity of groundwater available for habitat and drinking water supply. Since 2008, arundo and tamarisk removal projects in the Santa Clara River were incorporated into projects in the Upper Santa Clara Integrated Regional Water Management Plan. The Integrated Regional Water Management Plan group submitted a grant application in 2010 to the Department of Water Resources which included arundo and tamarisk removal. The group successfully acquired Proposition 84 grant funds in 2011, which included funding of $666,231 for the arundo removal program. The City received $333,231 of the $666,231 and the remaining funds went to the Angeles National Forest invasive plant removal program. In Fiscal Year 2102/2013, $38,076 was spent and encumbered for arundo removal from this funding source. The requested contract amount of $247,792 and 19 -percent contingency of $47,363 will make use of all remaining grant funds totaling $295,155. The contingency will be used for retreatment and spraying resprouts of invasive plants in prior work areas that have been cut, but where arundo persists, as the plants are incredibly difficult to eliminate. This contract award will allow the City to continue managing City -owned lands on approximately 150 acres that have these invasive plants and reduce the impacts and hazards from these invasive plants. On July 15, 2013, a request for proposals was noticed on the City's website. On August 19, three firms submitted proposals for the work. The firms were Nature's Image, Inc., Wildscape 2 Restoration, and R.A. Atmore & Sons, Inc. Two of the three firms had equivalent experience in the Santa Clara River, an important criteria due to the area's unique habitat, endangered species, and permitting considerations. The proposed cost and value is where the two firms diverged. The methodology and management of R.A. Atmore & Sons, Inc., was a more efficient approach to the project and references confirmed that decision. The results of the proposals are shown below: Company Location R.A. Atmore & Sons, Inc. Ventura, CA Wildscape Restoration Ventura, CA Nature's Image, Inc. Lake Forest, CA ALTERNATIVE ACTIONS Other direction as determined by City Council. FISCAL IMPACT Bid Amount $247,792 $294,990 $361,943 Grant funds totaling $295,155 are currently budgeted in project expenditure account R4002259-5161.001. ATTACHMENTS Attachment A - Site Map Proposal for R.A. Atmore & Sons, Inc., available in the City Clerk's Reading File Cost Proposal for R.A. Atmore & Sons, Inc. available in the City Clerk's Reading File Contract with R.A. Atmore & Sons, Inc., available in the City Clerk's Reading File 3 Z*41 A Ar Itj R. A. ATMORE & SONS, INC. Natural Resources Division August 19, 2013 Robert Michler City of Santa Clarita Purchasing Department 23920 Valencia Boulevard, Suite 120 Santa Clarita, CA 91355-2196 Subject: Proposal forArundo Removal, Proposal # ES -13-14-05 Dear Mr. Michler, We are pleased to provide the City of Santa Clarita with this proposal to perform arundo removal in the Santa Clara River as described in Request for Proposal (RFP) # ES -13-14-05. The following pages detail our proposed management and implementation plan to accomplish the proposed program in accordance with the requirements set forth in the RFP. Our company specializes in environmental contracting and consulting and we have extensive experience in non-native plant removal, regulatory agency coordination, and habitat restoration. In particular, our experience includes: • prior arundo removal for the City of Santa Clarita within the SCARP site-specific implementation area; • familiarity with the detailed and complex biological monitoring requirements associated with working in areas with sensitive species such as the Santa Clara River and utilizing the SCARP programmatic permits; • crews with many years of experience In the removal of arundo and tamarisk; and • a project management team well versed in managing complex projects, including such tasks as permit coordination, logistical organization, scheduling, and biological monitoring. We take pride in providing our clients with a high level of personalized service, and we look forward to the potential opportunity to be of service to the City of Santa Clarita. If you have any questions or would like to discuss or review any of the tasks in particular, please don't hesitate to contact us. Thank you for your consideration. Sincerely, R.A. Atmore & Sons, Inc. Natural Resources Division Richard Atmore, Jr., President Anna Huber, Project Manager 2977 Sexton Canyon Road, Ventura, California 93003 Tel 805-644-6851 • Fax 805-642-2127 www.raatmore.com Proposal A ES -13-14-05 —Arundo Removal City of Santa Clarita TABLE OF CONTENTS REQUEST FOR PROPOSAL SCHEDULE AND ADDENDA (City of Santa Clarita Documents) PART I -TECHNICAL PROPOSAL............................................................................................................1 Section1: Introduction.............................................................................................................................1 Section2: Project Analysis....................................................................................................................... l Section 3: Objective, Scope, Nature of Proposed Program.....................................................................2 Section4: Work Program.........................................................................................................................2 Section5: Methodology...........................................................................................................................7 Section 6: Project Management.............................................................................................................10 Section 7: Assigned Personnel...............................................................................................................11 Section8: Schedule................................................................................................................................22 Section 9: Program Monitoring..............................................................................................................24 Section 10: City Resources..................................................................................................................... 24 Section11: Subcontractors....................................................................................................................24 Section 12: Contractor Capability and References................................................................................28 Section 13: Alternative Proposals..........................................................................................................31 Section 14: Conflict of Interest...............................................................................................................31 Section1S: Additional Data....................................................................................................................31 PART II -COST PROPOSAL.................................................................................................................. 33 UST OF TABLES Table1— Project Schedule.......................................................................................................................... 23 Table 2—Subcontractor Work Summary ....................................................................................................28 LIST OF FIGURES Figure 1— Santa Clara River Arundo Removal Project: AreasD— G............................................................5 Figure 2 —Program Monitoring— Workflow Diagram................................................................................25 UST OF APPENDICES Appendix A— Labor Classification Documents............................................................................................37 R.A. Atmore and Sons, Inc. Natural Resources Division A CITY OF SANTA CLARITA REQUEST FOR PROPOSAL SCHEDULE PROPOSAL # ES -13-14-05 PROPOSAL ARE DUE BEFORE: 11:00 A.M., August 19, 2013 The City of Santa Clarita invites sealed proposals for: ARUNDO REMOVAL Return original of Proposal to: City of Santa Clarita Purchasing 23920 Valencia Blvd., Suite 120 Santa Clarita, CA 91355-2196 2. Prices shall be D.D.P. Destination or for the service rendered 3. Proposer shall honor proposal prices for sixty (60) days or for the stated contract period, whichever is longer. 4. Proposals must include this Proposal form and be signed by the contractor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 21and Attachment A. 5. The last day for questions will be noon, August 12, 2013. 6. The contractor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. PROPOSER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above. Company: ?.AA'n r"V-6� Ut^r.lt^G• Address: %��� SLx�9v >n.(�d. Ve�fwic, Cl 5003 Name (Print): T\-tP kr--v&' Signature: Company Phone No.: $OS &151 Title of Person Signing Bid: QC`ilti�Ghl� Bid # ES -13-1405 1 REQUEST FOR PROPOSALS Sealed proposals must be received before 11:00 AM on Monday, August 19, 2013, by Purchasing of the City of Santa Clarita, 23920 Valencia Boulevard, Suite 120, Santa Clarita, California, 91355-2196, for the acquisition of: ES -13-14-05 ARUNDO REMOVAL Specifications for this proposal may be downloaded from the City's Purchasing website at www santa-clarita.com/purchasing. Please refer to specifications for complete details and bid requirements. Voluntary walk thru will occur July 23, 2013 at 9 AM, but no questions will be answered at the on-site meeting. Meet at City Hall, first floor lobby, 23920 Valencia Blvd., Santa Clarita, CA 91355. Be prepared to drive to a few locations from City Hall. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A. Submitting Proposals. (a) The proposal response must be submitted on this form and include the notice, Request for Proposal Schedule, and all forms or information Included in or required by Section C, Statement of Work and Format, (attachments accepted) in a sealed envelope with the wording "Proposal", proposal number and closing date marked on the outside. (b) All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposal price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal. 3. Currency. All references to dollar amounts in this solicitation and in contractors response refer to United States currency. Payment will be made in United States currency. 4. Preparation. All proposals must be typed or written in black ink except signatures. Errors may be crossed out and corrected in ink, then initialed In Ink by the person signing the proposal. In compliance with Resolution 93-9, all proposals and attachments must be submitted double -sided on recycled paper. 5. Environmentally Preferable Purchasing. The City of Santa Clarita being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clahta to seek out those products which result in less energy usage, least Impact on natural resources and greatest reuse of post-industrial and post -consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. 6. Failure to Submit Pr000sal. Your name may be removed from the mailing list if the City receives no response to this proposal. 7. Taxes. Charges and Extras. (a) Proposer must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in proposal. 8. Awards, The City may make an award based on partial items unless the proposal submitted is marked "All or none." Contractor selection is based upon multiple award criteria as specified in Section C, Statement of Work and Format. A list of responding vendors may be posted on the City's website at www.santa-clartta.com/purchasing, normally within 24 hours. 9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful contractor(s) and the City of Santa Clarfta. The lack of exception to this clause in contractor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 10. Default. In case of default by the contractor of any of the conditions of this proposal or contract resulting from this proposal, the contractor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the contractor, or Bid # ES -13-1405 2 PROPOSAL INSTRUCTIONS (continued) collect against the bond or surety, or may Invoice the contractor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 11. Assignment. No assignment by the contractor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 12. Sub contractors. The Proposer must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 13. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the Identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 14. Termination. The City may terminate any service or requirement contract, with or without cause, either verbally or in writing any time. 15. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or Its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 16. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all proposers in the amount of at least 10% of the total value of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond shall be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). 17. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory' and must name the "City of Santa Clarita' as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth In any contract awarded to a proposer. 18. Payment. (a) Proposer shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. Bid # ES -13-14-05 PROPOSAL INSTRUCTIONS (continued) 19. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Proposer is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 20. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 21. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict proposers to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein Identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specifications. 22. Proposal Resection. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. 23. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the quoter's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will also be available from the City's website if the quote was downloaded. 24. Price Reductions. If at any time during the life of this contract, the successful proposer reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 25. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract. The City does not pay `surcharges' of any type unless identified in the response to this proposal. All costs will be included in the pricing provided to the City. 26. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose, In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. Bid # ES -13-14-05 PROPOSAL INSTRUCTIONS (continued) 27. Safe . Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this proposal will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 28. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be In issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. 29. Delivery. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin not later than fifteen (15) calendar days from receipt of order. 30. Invoices. Invoices will be forwarded to: City of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terns of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 31. Pr000sal Questions. Questions should be forwarded by e-mail to rmichler(dsenta-clarita.com. They may also be faxed to on letterhead to (661) 2864186. The last day for questions will be August 12 at noon. 32. Renewal. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to three times in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside - Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. Bid # ES -13-14-D5 B. TERMS AND CONDITIONS The solicitation, proposer's response and the Purchase Order (and Contract for services) constitute the entire agreement between the contractor and the City of Santa Clarita (City) covering the goods (including services) described herein (the "goods"). Time is of the essence. Shipment and Inspection. The terns and routing of shipment shall be as provided on the Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have the right to Inspect any or all of the goods at contractor's place of business or upon receipt by City at City's election, which right shall be exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of City's rights or remedies arising by virtue of such defects or non-conformance. Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the contractor. 2. Risk of Loss. Not withstanding any provision hereof to the contrary, title to, and risk of loss of, the goods shall remain with the contractor until the goods are delivered at the D.D.P. point specified in this Contract, or if no such point is specified, then, when the goods are delivered to the City. However, if the goods are of an inflammable, toxic or otherwise dangerous nature, contractor shall hold City harmless from and against any and all claims asserted against City on account of any personal injuries and/or property damages caused by the goods, or by the transportation thereof, prior to the completion of unloading at City's receiving yard. 3. Warranties. Contractor warrants to and covenants with the City as follows: contractor will deliver to City title to the goods free and clear of all security interest, liens, obligations, restrictions or encumbrances of any kind, nature or description, the goods shall be free from defects in material and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new and not used or reconditioned; the goods and their packaging shall conform to the description thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is relying on contractor's skill and judgment in selecting and providing the proper goods for City's particular use. The goods shall be in all respects suitable for the particular purpose for which they are purchased and the goods shall be merchantable. Contractor shall Indemnify and save and hold City harmless from and against any and all damages, losses, demands, costs and expenses arising from claims by third parties for property damage, personal injury or other losses or damages arising from contractor's breach of its obligations hereunder. 4. Remedies. In the event of contractor's breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to City by law: (a) require contractor to repair or replace such goods, and upon contractor's failure or refusal to do so, repair or replace the same at contractor's expense: (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at contractor's option; said return to be made at contractor's cost and risk: (c) cancel any outstanding deliveries hereunder and treat such breach by contractor as contractors repudiation of this Contract. In the event of City's breach hereunder, contractor's exclusive remedy shall be contractor's recovery of the goods or the purchase price payable for goods shipped prior to such breach. 5. Force Majeure. For the purposes of this Contract, an event of "force majeure" shall mean any or all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires, floods or other acts of God; transportation delays; acts of government or any subdivision or agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any other cause, whether or not similar to the causes or occurrences enumerated above; in all cases, which are beyond the control of the party claiming the occurrence of a force majeure event and which delays, interrupts or prevents such party from performing Its obligations under this Bid # ES -13-1405 A Contract. Not withstanding any provision hereof to the contrary, the reduction, depletion, shortage, curtailment or cessation of contractor's supplies or reserves or any other supplies or materials of contractor shall not be regarded as an event of force majeure. The party affected by a force majeure event shall give notice thereof to the other party within ten days following the occurrence thereof and shall apprise the other party of the probable extent to which the affected party will be unable to perform or will be delayed In performing its obligations hereunder. The affected party shall exercise due diligence to eliminate or remedy the force majeure cause and shall give the other party prompt notice when that has been accomplished. Except as provided herein, if performance of this contract by either party is delayed, interrupted or prevented by reason of any event of force majeure, both parties shall be excused from performing hereunder while and to the extent that the force majeure condition exists, after which the parties' performance shall be resumed. Notwithstanding the foregoing, within five days following contractor's declaration of a force majeure event which prevents its full and/or timely delivery of goods hereunder, City may, at Its option and without liability (a) require contractor to apportion among its customers the goods available for delivery during the force majeure period; (b) cancel any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate this Contract. If City accepts reduced deliveries or cancels the same, City may procure substitute goods from other sources in which event this contract shall be deemed modified to eliminate contractor's obligation to sell and City's obligation to purchase such substituted goods. After cessation of a force majeure event declared by contractor, contractor shall, at City's option but not otherwise, be obligated to deliver goods not delivered during the force majeure event. After cessation of a force majeure event declared by City, neither party shall be obligated to deliver or purchase goods not so delivered and purchased during the force majeure period. 6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade name or copyright with regard to the goods, their manufacture or use, contractor shall at its own expense defend such suit and shall indemnify and save and hold City harmless from and against all claims, damages, losses, demands, costs and expenses (including attorney's fees) in connection with such suit or threatened suit. Compliance with Law. Contractor warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract, including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Contractor shall indemnify and save and hold City from and against any and all claims, damages, demands, costs and losses which the City may suffer in the event that contractor falls to comply with said Act, Order, rules, regulations or orders. Contractor further warrants that all goods sold hereunder will comply with and conform in every respect to the standards applicable to the use of such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended, and any regulations and orders issued thereunder. Any clause required by any law, ordinance, rule or regulation to be included in a contract of the type evidenced by this document shall be deemed to be Incorporated herein. Where permits and/or licenses are required for the prescribed material/services and /or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction there over. 8. Reports Artwork Desions etc.: (a) If the goods are to be produced by contractor in accordance with designs, drawings or blueprints furnished by City, contractor shall return same to City upon completion or cancellation of this Contract. Such designs and the like shall not be used by contractor in the production of materials for any third party without City's written consent. Such designs and the like involve valuable property rights of City and shall be held confidential by contractor. (b) If the Contract results in the creation of artwork, designs or written products, including but not Bid # ES -13-14-05 limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures, analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor expressly transfers all ownership and intellectual property rights including copyrights to the City by signing the contract. Such works and the like shall not be used by contractor in the conduct of any business with any third party without the City's written consent. (c) Unless otherwise agreed herein, contractor at its cost shall supply all materials, equipment, tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs or other properties fumished by City or specifically paid for by City shall be City's property. Any such property shall be used only in filling orders from City and may on demand be removed by City without charge. Contractor shall use such property at its own risk, and shall be responsible for all loss of or damage to the same while in contractor's custody. Contractor shall at its cost store and maintain all such property in good condition and repair. City makes no warranties of any nature with respect to any property it may furnish to contractor hereunder. 9. Governina Law. The Purchase Order and this Contract between the parties evidenced hereby shall be deemed to be made In the State of California and shall in all respects be construed and governed by the laws of that state. 10. Miscellaneous. (a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. (b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made by City on this Contract or any other forms delivered to contractor shall be subject to correction. (c) On the Issue of primacy in disagreements in bid responses, words shall hold over numbers and unit prices shall hold over extended prices. (d) City may, upon notice of contractor and without liability to City, cancel this Contract and any outstanding deliveries hereunder, (1) as to standard products of contractor not then shipped hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take possession of all or substantially all of contractors assets, (B) contractor makes a general assignment for the benefit of creditors, or (C) any action or proceeding is commenced by or against contractor under any insolvency or bankruptcy act, or under any other statute or regulation having as Its purpose the protection of creditors, or (D) contractor becomes insolvent or commits an act of bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election pay contractor its actual out-of-pocket costs to date of cancellation, as approved by City, in which event the goods shall be the property of City and contractor shall safely hold the same subject to receipt of City's shipping instructions. 11. Non -Collusion. By submitting a bid, bidder certifies they have not divulged, discussed or compared their bid with other bidders, nor colluded with any other bidders or parties for invitation to bid. Bld # ES -1 3-14.05 C. STATEMENT OF WORK AND FORMAT The City of Santa Clarita (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the words "Bidder", "Contractor", and "Consultant' are used interchangeably. 1. Purpose: The City of Santa Clarita (City) seeks to hire a project management and invasive removal strike team to remove arundo and other invasive plants in its multiyear effort to demonstrate successful abatement of invasive plants from its demonstration site consistent with permits. 2. Proposal Schedule: Following is a tentative schedule of events: EVENT DATE Solicitation advertisement July 15, 2013 Pre-bid walk thru July 23, 2013 Last day for questions August 12, 2013 Return of proposals August 19, 2013 Evaluations of proposals August 19 - 21, 2013 Interviews (if necessary) August 21-23, 2013 Recommendation to awarding body September 24, 2013 Contract award September 25, 2013 Project completion date June 2014 3. Introduction/Background: The City of Santa Clarita is a member of the Upper Santa Clara River Integrated Regional Water Management Plan (IRWMP). One of the many things the Upper Santa Clara River IRWMP group has accomplished is secure a Round 1 Proposition 84 IRWMP grant award. The successful grant application included the City of Santa Clarita (City) continuing its Santa Clara River Arundo and Tamarisk Removal Program (SCARP). The City seeks to hire a highly qualified team to abate invasive plants In the City of Santa Clarita owned areas of the Santa Clara River. The City owns 297 acres between South Fork and San Francisquito Creek. Starting in 2005, the City made a multiple year effort to abate invasive plants from the site. The majority of invasive plants noted on the site include arundo, tamarisk, castor bean, and tree tobacco. The grant award requires removal of arundo and tamarisk in the site specific implementation area (Project Area 1), approximately 150 acres, (areas D, E, F and G on Figure 1). Within the Project Area 1 two types of restoration efforts will be employed to ensure the effective eradication of the invasive species. The first effort will include the initial treatment of the arundo, which includes non-native biomass removal and herbicide application. Arundo may be ground in place with mechanical equipment such as a brush grinder (where appropriate), or removed by manual means employing tools such as chainsaws and brush cutters. After removal of the targeted vegetation, an appropriate aquatically approved herbicide will be applied. In areas where mechanical vegetation grinding is to occur, arundo will be allowed to resprout to a height of 2 to 3 feet, and herbicide will be applied via foliar spray. In areas where manual removal is to occur, herbicide will be applied immediately to the cut stumps via daubing or painting. Foliar application of herbicide may also occur on non- native stands of vegetation where appropriate. In addition to arundo, other invasive plants may be removed, if applicable. As the area is home to several endangered species, the manual means will likely be the prevailing method. Bid # ES -13-14-05 As arundo contains significant energy resources in its root structure, it is difficult to eradicate it in a single treatment phase. Therefore, after the initial treatment, a diligent monitoring and maintenance program will be implemented to facilitate re -treatments and avoid re -infestation of the site. During this time, retreatments of herbicide will be applied regularly to exhaust the belowground resources of the plant and lead to its elimination from the treatment area. In addition to removal of noxious weeds, this project contains a potential restoration component. Monitoring of the site will indicate if revegetation is necessary. Native species common to the site such as willows (Salix sp.) and mule fat (Baccharis salicifolia) reestablish readily through natural recruitment once competition from non-native species is removed. However, it may be determined that certain areas within the site require more rapid enhancement than natural recruitment can provide. This would be accomplished through the installation of cuttings of these species, as 4. Obiective(s)lWork Products: The objective is removal of arundo and tamarisk in the site specific implementation area (Project Area 1), approximately 150 acres, (areas D, E, F and G on Attachment A) Selected firm will provide acquisition of all required permits and permissions, any required biological or other monitoring, complete required follow up reporting, on-site project management, disposal or reuse of removed biomass, and follow up foliar spray. 5. Work Statement: The selected firm will need to utilize required permits and permissions from Army Corps of Engineers, US Fish and Wildlife Service, California Department Fish and Wildlife (formerly Fish and Game), Regional Board, Los Angeles County Flood Control District and other relevant agencies. These permits and permissions may utilize the SCARP pennitting acquired in 2005-2007. The implementation will consist of two restoration efforts. The first effort will include the initial treatment of the arundo, which includes biomass removal and herbicide application. Arundo may be ground in place with mechanical equipment such as a brush grinder (where appropriate), or removed by manual means employing tools such as chain saws and brush cutters. Upon removal of the target vegetation, appropriate aquatically approved herbicide will be applied. In areas where mechanical vegetation grinding is to occur, arundo will be allowed to resprout to a height of 2 to 3 feet, and herbicide will be applied via foliar spray. In areas where manual removal is to occur, herbicide will be applied immediately to the cut stumps via daubing or painting. Foliar application of herbicide may also occur on stands where appropriate. In addition to arundo, other invasive plants may be removed, if applicable 6. 7. Required Qualifications: Firms should have experience with successful Invasive plant removal, preferable in the Santa Clara River Watershed, and be licensed and permitted by all required authorities to perform the work outlined in this RFP. This includes, but is not limited to, licensed chemical applicators and trainers through Los Angeles County, contractors' licenses from the State of California, and other certification and licenses necessary to complete the work that is proposed. 8. Time Schedule: The arundo removal work should start after bird nesting season is over. The biomass removal should be completed by February 2014. Spraying of resprouting arundo will occur as soon as possible after plants begin resprouting and reach a height of no more than 6 inches. 8. Resoonse Submittal Requirements. Bld # ES -13-14-05 10 (a) CONTENTS OF PROPOSAL Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format may result in elimination from proposal evaluation. In the interest of remaining environmentally friendly and cost effective, please refrain from utilizing three-ring binders, plastic binding products or plastic sheets. Paper covers and the following binding methods are acceptable; loose sheets fastened with a binder clip, stapled, or a three -hole paper folder with fasteners. Proposals should be submitted doubie-sided on recycled content paper. Unnecessarily complex or decorative proposals are not desired. FORMAT Each proposal must be submitted in two parts: Part I must relate to the Technical Proposal Part II must relate to the Cost Proposal PART I- TECHNICAL PROPOSAL Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Table of Contents - Clearly identify material contained in the proposal by section and page number. Introduction (Section 1) - Contents to be determined by contractor. Project Analysis (Section 2) - Provide an explanation and interpretation of the problem areas described in this RFP. Objective, Scope, Nature of Proposed Program (Section 3) - Describe the overall approach to the problem, including the objective and scope of work to be performed by the contractor Work Program (Section 4) - Describe the work or tasks to be performed, including sequence of work activities, dependencies, and significant completion dates for major products. Methodology (Section 5) - Describe the methodology and techniques to be employed. Project Management (Section 6) - Describe the proposed management structure, organization of contracting group, and facilities available. Assigned Personnel (Section 7) - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional and academic backgrounds. Provide a summary of similar work they have previously performed. List the amount of time, on a continuous basis, that each principal will spend on this project. Describe the responsibilities and capacity of the technical personnel involved. Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City. Schedule (Section 8) - List the proposed schedule of activities, including labor hours and calendar time requirements, by product. Program Monitoring (Section 9) - Describe the procedures to be utilized during the project, Including a diagram of workflow, interface points, and major products. Bid # ES -13-14-05 11 City Resources (Section 10) - Describe and City services and staff resources needed to supplement contractor activities to achieve identified objective(s). Subcontractors (Section 11) - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates. Contractor Capability and References (Section 12) - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP. Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients. Alternative Proposals (Section 13) - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following: a. Work Program b. Methodology c. Assigned Personnel Conflict of Interest (Section 14) - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City, Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal. Additional Data (Section 15) - Provide other essential data that may assist in the evaluation of this proposal. PART it - COST PROPOSAL The cost proposal should be a separate and detachable Item of proposal response. Name and Address The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner. Cost Proposal The Cost/Price format for the proposal must be as follows: Tasks Price Total cost must be clearly indicated at the end of the Cost Proposal. Costs must include a breakdown by the following categories: 1) All costs should be categorized as Planning, Environmental Compliance, Construction Administration, Construction Implementation, and Other Costs (detail of other costs required) 2) Labor - List and hourly labor rate. 3) Supplies and Equipment - Provide an itemized list of supplies to be used. The City will not pay for any equipment unless adequately justified. Any equipment paid for by the City will become the property of the City. Bid # ES -13-14-d5 12 4) Subcontractor Costs - Identify subcontractors by name, list their cost per hour or day, and the number of hours or days their services will be used. 5) Travel Costs - Identify estimated travel costs, including the number of trips required, destinations, and approximate cost of travel. Travel costs are reimbursed at prevailing rates for the contracting company or City rates, whichever is lower, unless negotiated otherwise. Charges for supplies, equipment, and subcontractors will be paid at cost. It is expected that general, overhead, and administrative costs are included in the hourly rate for labor. Bids submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected bidder. (b) PROPOSAL SUBMISSION All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal. I. Signature. An authorized representative of the bidder should sign all proposals. ll. Due Date. The proposer shall submit one (1) original, one (1) copy and one digital copy (PDF on CD) of all matedals of the proposal in a sealed envelope, plainly marked in the upper, left-hand comer with the name and address of the bidder and the words "Request for Proposal # ES -13-14-05." All proposals must be received before 11:00 a.m. August 19, 2013, and should be directed to: Purchasing City of Santa Clarita 23920 Valencia Blvd. Suite 120 Santa Clarks, CA 91355-2196 Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date. III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of 07/15/13 to 08/19/13. Proposers are cautioned against relying on verbal information in the preparation of proposal responses. All official Information and guidance will be provided as part of this solicitation or written addenda. IV. ,RJe'ection. A proposal may be deemed non-responsive and may be immediately rejected if: - It is received at any time after the exact date and time set for receipt of proposals and/or; - It is not prepared in the format prescribed and/or, - It is signed by an individual not authorized to represent the firm. V. Disposition of Proposals. The City reserves the right to reject any or all proposals. Att responses become the property of the City. One copy of the proposal shall be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense. Vl. Proposal Changes. Once submitted, proposals, including the composition of the contracfing team, cannot be altered without the prior written consent of the City. All Bid # ES -13-14-05 73 proposals constitute an offer to the City and may not be withdrawn for a period of ninety (90) days after the last day to accept proposals. VII. Proposal Evaluation and Contractor Selection. An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of the responsible Proposer whose proposal is most advantageous to the City. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking nor award to the Proposer with the lowest Price Proposal if doing so would not be in the overall best interest of the City. The overall criteria listed below are listed in relative order of importance. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor. a) Staff qualifications and number of staff provided b) Cost of services provided C) Santa Clara River specific work efforts and quality of that previous work d) Thoroughness of proposal, approach to providing sound services and ability to provide services to meet objectives e) Cost of services provided During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break. Should an interview process take place the results of the interview will carry great weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact. Bld 4 ES -13.14-05 14 D. Sample Contract MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract No. THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of 20_, by and between the CITY OF SANTA CLARITA, a general law city and unicipal cor mporation ("CITY") and , a Corporation ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit " which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 20 , to 20 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit" B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. Bid 4 ES -13-14-05 55 A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. B. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services Involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of Insurance with coverage limits complying, at a minimum, with the limits set forth below: Bid # ES -13-1405 16 Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary' such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). 0. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII " Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative. should F. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this Agreement; and B. CITY gives CONTRACTOR a wrdten Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. Bid # E&13.14-05 17 8. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on Its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, Insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mall, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. Bid # ES13-14-05 18 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue In full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, Inconsistency, or incongruity between any provision of this Agreement, Its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting _ maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are Incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Bid # ES -13-14-05 19 25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (SIGNATURES ON NEXT PAGE) Bid # ES -13-14-05 20 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: DO NOT SIGN— COPY ONLY Print Name & Title Date FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Bid # ES -13-14-05 21 Attachment A LEGEND: Project& Staging Area A j O Project & Staging Area B O Project & Staging Area C ® Project & Staging Area D ® Project & Staging Area E 0 Project & Staging Area F ® Project& Staging Area G — - - Project Area of Phase 1 Bid 9 ES -13-1405 ADDENDUM #1 For City of Santa Clarita Request for Proposal ES -13-14-05 Arundo Removal July 22, 2013 This addendum must be Included with the proposal response. If you have already submitted a proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is (661) 266-4186. 1. Will the contractor be required to have a performance or bid bond for this contract? A. The contractor that Is awarded the contract will be required to have a performance bond. Sample attached. A bid bond is not required for this Request for Proposal. 2. Do you have an Engineer's Estimate for this work? A. The City does not have an Engineer's Estimate for this work. Z9'.Ib-2-0(3 Contractor's representative Date �z. 1� .1> +r lar& � �OV✓r, I tom. Company Name RFP # Es -13-14-05 addl 1 ADDENDUM #2 For City of Santa Clarita Request for Proposal ES -13-14-05 Arundo Removal July 29, 2013 This addendum must be included with the proposal response. If you have already submitted a proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is (661) 286-4186. 1. Which prevailing wage classifications should be utilized for this project? Are prevailing wages required for the entire project? Not all activities require prevailing wage. A. It is up to the contractor to determine the classifications to be used for this project. Prevailing wages are required for the entire project. 2. What are the City's travel rates for reimbursement? A. The Proposition 84 grant will not allow reimbursement for travel costs. 3. If the contract is awarded on September 25, 2012, when is work expected to begin? A. Assuming all needed insurance and other contractor requirements are submitted and City Council approves the contract it takes approximately 1 - 2 weeks to circulate the contract. Work should begin as soon as possible after the contract is signed 4. What are allowable working hours? Is work allowed on the weekend or on holidays? A. Working hours are 7 AM - 6 PM, no weekends or holidays would be acceptable. 5. The RFP states that the SCARP permits can be utilized.. Two of the three permits have expired. Have they been renewed? How do we obtain the renewed permits? A. Those permits have not been renewed. Please propose the method acquisition of permits envisioned. 6. If the contractor utilizes the SCARP permits, is the City of Santa Clarita the applicant? If so, who coordinates with the original permittee? What happens if the original permittee does not approve of the project or delays the project? A. Yes the City of Santa Clarita is the applicant. Coordination should be included in the work effort. Delays would be adjusted in the timeline as those issues arise. Communication of delays would be expected as expeditiously as possible 7. Have presence/absence surveys already been conducted for special status species? There is not enough time to do protocol level surveys prior to the start of work. A. Compliance with permits and related work should be included in the proposal and timellne. RFP # ES -13-14-05 add2 8. The biomass removal work is proposed to be completed by February 2014. The permits need to be in place before work starts so it will be the rainy season. Work can only be conducted when there is a five-day clear weather forecast. What if there are rain delays beyond the contractor's control? Are there any liquidated damages? A. If there are rain delays or other delays in permitting, requests for extension of timelines should be included at that time. The City would work to deal with the administrative issues with grant funding and budgeting if adequate notice is provided. 9. Is maintenance work expected to be conducted from February 2014 to June 2014 (during bird - breeding season)? A. Work could extend Into that period. 10. Permits indicate that the chipped material produced by a brush grinder must be removed. Is there a preferred method to remove chipped biomass? A. Propose a method, the least environmentally damaging and cost effective method would be the preferred method. 11. What percentage of the 150 acres is arundo? What other non-native species must be removed? A. The percent cover varies from 10% to 75%, but exact acreage is not available. The expectation that some invasive plants would be removed from each area D, E, F and G. Clustering of the removal efforts in these areas is encouraged for cost effectiveness. Tamarisk would be envisioned to be removed In area D. Incidental removal of other Invasive species co located in removal areas could be included with tree tobacco, castor bean, yellow star thistle, If if doesn't add to the cost. 12. Who will perform the monitoring of the site? A. Please clarify question- biological, project management? 13. Who will prepare the reports/documentation for the regulatory agencies? A. These reports are part of the work effort in the proposal. 14. Who is responsible for the mitigation compliance? A. Please clarify this question - what mitigation requirement? 15. Who is preparing the revegetation plan since the revegetation requirements are unknown? A. Revegetation is not a requirement of this effort. 16. When is revegetation occurring and who determines the specifications? Is seeding also required as described in the permits? A. Revegetation is not a requirement of this effort. 17. There is a discrepancy in the arundo foliar herbicide retreatment. The RFP states treatment should occur when the arundo reaches 2-3' in height (p. 9), and later states treatment should occur when resprouts are no higher than 6". Please clarify. RFP # ES -13-14-05 add2 A. Retreatment should start no earlier than when the plants reach 6 inches high but no later than 3 feet high. This will vary with temperature and rainfall. 18. Are there specific herbicide types (glyphosate, triclopyr, or imazapyr), surfactant, or other adjuvants (marking dye) required or is it up to the discretion of the contractor? Are there any brands preferred? A. Glysophate is the prefered herbicide. Please propose other chemicals. 19. RFP states foliar application may occur in stands where appropriate. What criteria will decide which areas are appropriate? A. Alternative proposals for this kind of treatment could be authorized if 1) least harm to the native habitat, including the harm in dragging materials out of the riverbed and 2) compelling cost benefit (i.e. significantly more area covered). Propose the conditions in which you would like to use this method. 20. Will biomass treated with a foliar application of herbicide need to be removed from the site? A. Please propose and make compelling argument for alternatives to removal and chipping. 21. Can biomass be left on site? Does all biomass need to be chipped? A. See answers to questions 19 and 20. 22. How much funding do you have from the grant for this contract? A. The current balance on the grant is approximately $295,000 23. Will there be any follow up herbicide applications for this contract? A. Yes, there Is spraying resprouts no sooner than 6 inches but no later than 3 feet 24. Are the only invasive plants to be removed, arundo and salt cedar? A. Yes, but if there are incidently removal of castor bean, yellow star thistle and tree tobacco without cost increases that is fine. 25. How much impact to native plants will be allowed? A. Please refer to the EIR and SCARP project. However, very little impact to riparian will be allowed. The City would expect biological expertise on the level impact on the site would be acceptable based on species and field conditions. 26. Will we be able to take our rubber tire mulching machine throughout the river bed? A. Not in most areas, please refer the the permits on the SCARP website. 27. Can we utilize a track layer machine if necessary? A. Please clarify what type of equipment this is and what It would be used for before I can answer this question. 28. What is the recommended chip size? RFP # ES -13-14-05 add2 3 A. Needs to be small enough to prevent resprouting of the material, please refer to the SCARP documents for specifications. 29. What wages do we have to use for payroll? A. Prevailing wages are required. Here's the link to the SCARP project. httip:/Jwww.vcrcd.org/scario.cfm EIR link. http:/Jwww.vcrcd.org/scarp.cfm#downloads Contractor's representative R• Q. bre rwzyy, � "S, I Uc. Company Name ADDENDUM #3 For City of Santa Clarita Request for Proposal ES -13-14-05 Arundo Removal August 7, 2013 This addendum must be included with the proposal response. If you have already submitted a proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is (661) 286-4186. 1. Does a qualified biologist need to be on site for monitoring at all times? A. Please provide a proposal for adequate biological supervision needed to comply with permits, but biological monitoring is required for the site. 2. Does the contractor need to submit proof that the biologist has been approved by USFWS under the SCARP Biological Opinion? A. This is needed to comply with the SCARP Biological Opinion. 3. Due to the known presence of a state fully protected species (Unarmored Three Spined Stickleback), there can be no impacts even though a USFWS biological opinion issued. Therefore, are there specific restrictions on activities allowed in stickleback. habitat (in or around flowing or ponded water)? A. Please comply with the USFWS Biological Opinion and the California Streambed Alternation Agreement which required bridges and/or other methods to prevent disturbance of water. 4. Is diverting water or dewatering allowed in stickleback habitat? A. The current grant will not allow for costs related to dewatering or diverting. 5. Will there be any provisions or allowances in the schedule if rain creates more stickleback habitat? A. Yes. 6. If flowing water needs to be crossed, are bridges required? If so, what type of structures are allowed? A. Yes, please propose appropriate structures in compliance with applicable permits. 7. Can water be diverted or can the site be dewatered if needed? A. No. 8. How are access points, paths, and staging areas approved in arroyo toad habitat? RFP # ES -13-14-05 add3 A. SCARP documents proposes appropriate staging areas. Access points and paths should be proposed to meet the habitat requirements. 9. The RFP states all biomass removal work need to be completed by February. Is that deadline February 1, 2014 or March 1, 2014? A. End of February or whenever nesting birds begin entering the area. 10. Are other project activities allowed after either February 1 or March 1 to June 2014? A. Yes, spraying of resprouts. 11. What is the exact date the project ends? June 1 or June 30? A. June 30 — extensions could be granted with sufficient up front timing and justification (i.e. events outside the contractor's control) 12. Is the contractor required to use the demarcated staging area boundaries? Can contractor choose new staging area sites? A. The contractor can choose new staging areas as long as they comply with the extensive permits covering this site. 13. Can the contractor create access paths through vegetation to reach arundo stands? A. If the efforts comply with the extensive permits covering this site. 14. Can the contractor create access paths through revegetation areas? A. If the efforts comply with the extensive permits covering this site. 15. What noise restrictions will there be? A. Construction hours are 7 AM to 712114, and no louder than 65 decibels at the nearest building. 16. What types of heavy equipment are allowed within the site? A. Only rubber tire equipment that does not leak and cannot cross water. 17. Are only rubber -tired vehicles/equipment allowed or will tracked vehicles also be allowed? A. Only rubber tire vehicles. 18. Are there any restrictions concerning the use of wheeled or tracked equipment? A. Only rubber tire vehicles are allowed to be driven in the river and no water may be disturbed by equipment or vehicles. Vehicles and equipment must be in good repair and no leaks, with drip pans underneath to collect any unintended leaks. 19. Will the City stake the site boundaries? A. No. 20. It appears as if some stands may be on the border or directly outside of the site boundaries. Is the contractor responsible for removal of these stands? RFP # ES -13-1405 add3 A. No. 21. Is there a minimum amount of work (days or acreage) that needs to be conducted in each area? A. Each area (D,E,F and G) must have removal in them. The overall site is 150 acres. 22. Does the City have an overall minimum number of acres of arundo to be removed? What is the success criteria for project completion? A. Success criteria is to eliminate arundo to less than 5% of the total area. 23. What categories of pest control business license are required for this project (i.e., aquatic and right-of-way)? A. Category level to comply with applicable laws and permits for the project and LA County Agricultural Commissioner laws and regulations. 24. Does a Qualified Applicator Certified person (QAC) need to be onsite for all herbicide application? A. See #23 above, but would be preferred. 25. Is the contractor required to have a C-27 Landscape Contractor's License? A. See #23 above. 26. Are we responsible for the removal of invasive species just outside of the work boundaries? A. No. 27. Will we be responsible for conducting vegetation surveys, arroyo toad surveys, and surveys for other listed species? A. You will be responsible for compliance with California Streambed Alteration Agreement, US Fish and Wildlife permits and other permits that address endangered species in the area designated, arroyo toad habitat is in this area as well as red legged frog. Please review the pertinent permits. See below to supplement question 27. The operator shall have a qualified wildlife biologist survey the area to confirm the presencelabsence of Arroyo Chub, Santa Ana Sucker, Unarmored Three -spine badger, Peirson's morning glory. andlor other species of concern likely to be found in the area during the proposed operations. If evidence exist that additional surveys are required, survey techniques, timing, and schedule shall be approved by the Department. Survey results, analysis, and recommendations, along with the field notes shall be provided to the Department prior to commencing construction or within two weeks of completion of field surveys, whichever is earlier. Should any sensitive species be found during pre -project surveys and work must be done in identified areas during sensitive periods, the operator shall develop and implement a plan for the protection of these species. This plan shall be approved by the deparment prior to commencing work. The results of any surveys and any protective measures instituted, as a part of the protection and monitoring plan, shall be provided to the Department within one week from RFP # ES -13-14-05 add3 implementation. The operator shall be responsible for reporting all observations of threatened/endangered species or of species of special concern to the Departments Natural Diversity Data Base within ten (10) days of sighting. 28. Do we need to worry about any other non -natives besides Tamarix, Arundo, and Tree Tobacco? A. Castor bean, yellow star thistle and others can be found in the area. if you find them in the areas you happen to be working on, you can remove them but you aren't required to seem them out and remove them. 29. Were there any surveys conducted prior to look for other potential non -natives? A. Please review the SCARP documents on the link provided http://www.ycrcd.orq/scarp.cfm 30. Are there limitations regarding the placement of staging areas? A. Would prefer the designated staging areas in the SCARP documents, but would consider proposal of new sites if it complies with all rules, permits, and required permissions. 31. Can equipment drive on the bike path? A. Equipment can be moved along some bike paths. Regular traffic on bike paths is not allowed as it would require significant additional City costs for notification of closures to prevent bike/equipment conflict. 32. Can rungs in the split rail fencing be temporarily removed in order tc access some areas? A. Probably, depending on the location and the potential for hazards to the users and would require signage and security at contractor cost. Please propose locations subject to approval by the City. 33. How much of the project area is suitable for mechanical arundo removal? A. If the question is a mowing type removal, the City would not likely approve large scale mowing because of the endangered species, dense growth with native riparian, and permit restrictions. If there are areas that the contractor feels that can be mowed while maintaining the high level of compliance required for the site, please propose those areas. 34. Must chippers remain in staging areas, or can they be brought into arundo removal areas if access exits? A. There are significant permit restrictions for vehicles in the river. Only rubber tired vehicles can enter the river and they cannot disturb water. Propose locations and concepts for approval of the City that are in compliance with required permits. 35. It's anticipated that most removal would occur manually, but can wheeled or tracked equipment be used to transport cut canes to staging areas for chipping? A. See answer to questions 30 and 34. 36. The original permittee for the SCARP permits is the Ventura County Resource Conservation District. They've confirmed that all SCARP permits are still active. Therefore it would be necessary to coordinate with them (they also charge fees for permit use), and obtain a current permit from LA County Flood Control, correct? RFP # ES -13-14-05 add3 A. Yes. 37. Does herbicide application need to be performed by a QAUQAC, or can the QAUQAC supervise the application. If supervising is OK, is there a preferred level/type of supervision? A. Please comply with all laws and requirements, but a QAL/QAC for application is preferred. 38. What type of contractor's license must applicants have? (e.g. C-27: landscape, A: general A. Please comply with all laws and requirements. 39. If subcontractors are used, are they subject to the same licensing requirements as the prime? A. Yes. g•�6 2013 Contractor's representative Date g.la . /viivuy,e t Sows, l4"c --- Company Name RFP # ES -13-14-05 add3 5 ADDENDUM #4 For City of Santa Clarita Request for Proposal ES -13-14-05 Arundo Removal August 9, 2013 This addendum must be included with the proposal response. If you have already submitted a proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is (661) 286.4186. 1. We are very interested in this project but need to know if the City will require a C-27 license? A. The contractor will be required to have a C-27 license. Also, the City's Labor Compliance Documents are available for review on the Documents/Attachments tab. e.l6-70t3 Contractor's representative Date F.t5,. vY, Y Wb`Si lhG• Company Name RFP # ES -13-14-05 add4 1 ADDENDUM #5 For City of Santa Clarita Request for Proposal ES -13-14-05 Arundo Removal August 12, 2013 This addendum must be included with the proposal response. If you have already submitted a proposal you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is (661) 286.4186. 1. I'd like to clarify the type of contractor's license that is acceptable for the project. In Addendum #3, there is this question and answer: "38. What type of contractor's license must applicants have? (e.g. C-27: landscape, A: general) A. Please comply with all laws and requirements." In Addendum #4, there's this question and answer: °1. We are very interested in this project but need to know if the City will require a C-27 license? A. The contractor will be required to have a C-27 license." My question is: Will you accept proposals from contractors with an A license? A. Yes, class A or C-27. s Contractor's representative Date Company Name RFP # ES -13-1405 add5 Proposal # ES -13-14-05 — Arundo Removal City of Santa Clarita PARTI- TECHNICALPROPOSAL Section 1: Introduction R.A. Atmore & Sons, Inc. (R.A. Atmore) is pleased to provide this proposal for the City of Santa Clarita's Arundo Removal project, Request for Proposal (RFP) # ES -13-14-05. The following sections detail our proposed management and implementation plan to accomplish the proposed program (project), which seeks to remove non-native invasive plants with an emphasis on the removal of arundo (Arundo donax) and tamarisk (Tamarix spp.) in the site specific implementation area, and as described in the RFP document. R.A. Atmore will bring a broad variety of experience to the proposed project, including: • experience in three previous arundo removal efforts for the City of Santa Clarita in the Upper Santa Clara River Watershed Arundo and Tamarisk Removal Program (SCARP) site specific implementation area; • subconsultant (biologist) with relevant experience in the Santa Clara River; • familiarity with the detailed and complex biological monitoring requirements associated with working in areas with sensitive species, such as the Santa Clara River, and utilizing the SCARP programmatic permits; • crews with years of experience in the removal of arundo and tamarisk; and • a project management team well versed in managing complex projects, including such tasks as permit coordination, logistical organization, scheduling, and biological monitoring. Company History: R.A. Atmore began as Foothill Weed Abatement in 1988 and incorporated in 1999. Over the years the company has grown and expanded the variety of services it provides. In 2011, R.A. Atmore launched a Natural Resources Division to offer environmental consulting services as a complement to its existing environmental contracting services. With this addition, we offer turn -key services to our clients and take pride in developing creative, economical, and successful solutions for a variety of project needs! We are one of the largest companies of our type in Ventura County. Our clients include the Ventura County Watershed Protection District; the Ventura County Fire Protection District; the Ventura County Department of Transportation; the cities of Santa Clarita, Oxnard, Ventura, Moorpark, Camarillo, and Thousand Oaks; the Ventura County Resource Conservation District; Southern California Edison; Calleguas Municipal Water District; Aera Energy; Southern California Gas Company; California Air National Guard, and Crimson Resources — Pipeline Division; Shea Homes; Newhall Land and Farming; and a variety of private clients. Section 2: Project Analysis The City of Santa Clarita is seeking to hire a strike team for project management and non-native invasive plant removal within a particular portion of the Santa Clara River. Within the parameters of the specified grant budget, R.A. Atmore will perform arundo and tamarisk removal in designated areas within the boundaries of the site specific implementation area (project). The removal must occur in each of areas D, E, F, and G of the site specific implementation area. Additional non-native invasive plants, such as castor bean (Ricinus communis), tree tobacco (Nicotiono gloucc), and yellow star thistle R.A. Atmore and Sons, Inc. Natural Resources Division 090 Proposal k ES -13-14-05 — Arundo Removal 2 City of Santa Clarita (Centourea solstitiolis), may also be targeted if treatment is possible within budget parameters. Acquisition/coordination of required regulatory permits, biological monitoring, initial non-native invasive plant removal, maintenance of removal areas, and monitoring to determine maintenance requirements are also included in the project. Section 3: Objective, Scope, Nature of Proposed Program As described in Section 2, the objective of the proposed project is the removal of arundo and tamarisk that occurs within areas D, E, F, and G. Within the specified timeframe (from the award date of September 25, 2013 to June 30, 2014) and budget parameters, R.A. Atmore will be responsible for the following scope of work associated with this project: • coordinating with the Ventura County Resource Conservation District (VCRCD, current SCARP permit holder), the Los Angeles County Flood Control District ([ACFCD), and the Los Angeles County Agricultural Commissioners (LACAC) office for regulatory compliance; • providing necessary biological surveys and biological monitoring; • providing on-site project management • completing the initial biomass removal and herbicide treatment, including biomass disposal; • conducting site monitoring to determine maintenance needs; • conducting follow up maintenance herbicide treatments on resprouts; and • completing follow-up monitoring for regulatory reporting requirements. R.A. Atmore staff assigned to the project will include the president/principal, project manager, biologist, resource ecologist, and a field crew. The president/principal and project manager will provide oversight and coordination for all phases of the project; the biologist and resource ecologist will provide biological surveys, assist with permit coordination, and provide project site monitoring; and the field crew will perform initial non-native invasive plant removal and site maintenance treatments. R.A. Atmore will also utilize a subcontractor, Ecological Sciences, Inc. (Ecological Sciences), for selected biological survey and biological monitoring tasks. Tasks will be initiated at the project manager's direction and scheduling. The specific tasks that will be performed at each location are described in Section 4 and Section 8 below and include the approximate hours needed to complete each task. A project schedule is included after the task descriptions. Section 4: Work Program If selected as the winning bidder, R.A. Atmore will begin work on this project Immediately (estimated to be September 26, 2013). Task 1—Regulatory Permit Coordination R.A. Atmore will coordinate with the VCRCD to utilize the programmatic permits issued for the SCARP project, including the California Department of Fish and Wildlife (CDFW, formerly Fish and Game) Streambed Alteration Agreement (SAA), the U.S. Army Corps of Engineers (USACE) Section 404 Permit, and the Regional Water Quality Control Board (RWQCB) 401 Certification. R.A. Atmore will also apply for an individual permit from the LACFCD, and coordinate with the LACAC office to obtain a Pest Control Advisors (PCA) recommendation for herbicide application. R.A. Atmore and Sons, Inc. Natural Resources Division Proposal ti ES-13-14-05—Arundo Removal 3 City of Santa Clarha R.A. Atmore estimates the above permit coordination will take approximately six weeks (completing approximately November 8, 2013). Successful completion of this task will be dependent upon the cooperation, work load, and efficiency of the VCRCD, the permitting agencies involved with the SCARP permits, the LACFCD, and LACAC. R.A. Atmore has experience in coordinating permits with all of the agencies involved and will worktowards completing this task as efficiently as possible. As required by the SCARP programmatic permits, R.A. Atmore will provide notice to all neighbors (residential or commercial) that are within 100 feet of proposed project activities. R.A. Atmore will develop a flier to distribute and/or post along the bike path or other suitable locations in order to fulfill this requirement. Task 2 — Biological Surveys and Monitoring R.A. Atmore will coordinate with our subcontractor, Ecological Sciences, to perform preconstruction surveys before the initiation of the initial removal phase of the project, as required by the SCARP permits for the project. These surveys will include surveys for special status amphibians and reptiles that may be present in proposed removal areas, including the federally listed arroyo toad (Anoxyrus californicus) and California red -legged frog (Rana draytonil), and species of special concern such as the two -striped garter snake (Thamnophis hommondit), western spadefoot toad (Spec hammondir), and western pond turtle (Emys marmorata). R.A. Atmore will produce an environmental education document, while Ecological Sciences will provide environmental education to all crew members before work begins. As specified in permit documents, a qualified biological monitor will be present on a daily basis during initial removal and maintenance treatments to ensure that work occurs within established permit conditions. Preconstruction surveys for the initial removal work will begin as soon as permit coordination is completed (including proper notifications to permitting agencies), and are estimated to occur from November it to November 12, 2013 (2 days). As described in the SCARP programmatic permits, appropriate biological surveys are required before maintenance work can be completed after January 31, 2014. These surveys may include nesting raptor surveys (after January 31, 2014), nesting bird surveys (after March 1, 2014), arroyo toad surveys (after February 1, 2014), and rare plant surveys (after March 1, 2014). Due to the location of the site specific Implementation area, it is also anticipated that protocol level surveys for the federally listed least Bell's vireo (Vireo bellil pusillus) and southwestern willow flycatcher (Empidonax traillii extimus) may also be required before any work is conducted during their breeding seasons. The timing of these survey efforts will be dependent on the rate of growth of arundo resprouts, which will determine maintenance treatment requirements for the project. R.A. Atmore has included estimated costs for conducting all of the above surveys as part of this proposal. However, if fewer than the estimated three maintenance treatments are needed due to a slow growth rate of arundo resprouts (from colder than normal or drier than normal conditions), costs for this task may be reduced. R.A. Atmore will coordinate with the VCRCD and relevant SCARP permitting agencies to determine the extent of such surveys that will be required due to the nature of the maintenance activities (foliar spray using backpack sprayers). R.A. Atmore and Sons, inc. Natural Resources Division pppEp Proposal # ES -13-14-05 — Aru ndo Removal 14 City of Santa Clarita Task 3 — Initial Removal R.A. Atmore will perform the initial removal of arundo and tamarisk within the areas identified in Figure 1. The work area is approximately 133 acres in size and is subdivided into four areas. These subsections are known as Area D, Area E, Area F, and Area G. Area D is approximately 19.6 acres in size. Tamarisk is the most prevalent non-native species in this area. Area E is approximately 58.3 acres in size. Area F is approximately 32.8 acres in size. Area G is approximately 22.4 acres in size. Arundo is the most prevalent non-native species in these areas. Initial removal will begin as soon as permit coordination and the appropriate preconstruction surveys have been completed. R.A. Atmore estimates that this task will begin on November 18, 2013 and will take approximately 5 weeks to complete. Delays in regulatory agency responsiveness or winter storm events may have an effect on the actual start date. R.A. Atmore will assign administrative staff to provide all required documentation associated with the labor compliance component of the project. For the initial removal phase, R.A. Atmore anticipates using the following labor classifications to complete the work: 1. Determination: SC -63-12-33-2013-1, Craft: Landscape Operating Engineer; 2. Determination: SC -23-102-2-2012-1, Craft: Laborer and Related Classifications; 3. Determination C -DT -830-261-10-2009-1, Craft: Driver (On/Off-Hauling To/From Construction Site; and 4. Determination: SC-LML-2008-1, Craft: Landscape Maintenance Laborer. Documentation for these labor classifications is included in Appendix A of this proposal. Task 4— Maintenance Site maintenance will occur as needed, with particular dates to be determined by the monitoring visits described below. Maintenance treatments will occur when resprouts of arundo reach heights between 6 inches and 3 feet. Based on the growth of arundo in the late winter and spring, seasonal conditions, and the project deadline (June 30, 2014), it is anticipated that three maintenance treatments would occur after initial removal is complete. As described in Task 2 above, coordination with the VCRCD and relevant SCARP permitting agencies will be required for any maintenance treatments that occur after January 31, 2014 due to protective measures listed in permit documents. This coordination will determine any additional biological surveys for breeding birds and special status species known to occur In the area that will be required before maintenance can be performed after this date. Each maintenance treatment is estimated to take up to three days to complete by a four -person crew. Maintenance treatments will consist of: • Foliar herbicide application to any resprouts of plants treated during the implementation phase of the project, as well as additional non-native plants as budget parameters allow (only herbicides approved for use in aquatic environments will be used). R.A. Atmore and Sons, Inc. Natural Resources Division PRPEN MA r� Nvc I� 31 u Proposal It ES -13-14-05 — Arundo Removal 6 City of Santa Clarita Tbir page urteatiaaally blank R.A. Atmore and Sans, Inc. Natural Resources Division •rEn Proposal # ES -13-14-05 —Arundo Removal 7 City of Santa Clarita The plant species to be targeted during maintenance visits consist of: • arundo-foliar spray method • tamarisk - foliar spray or manual removal • other species such as tree tobacco and castor bean (if budget allows) —foliar spray R.A. Atmore will assign administrative staff to provide all required documentation associated with the labor compliance component of the project. For the maintenance phase, R.A. Atmore anticipates using the following labor classifications to complete the work (Appendix A): 1. Determination: SC-LML-2008-1, Craft: Landscape Maintenance Laborer Task 5 —Monitoring and Reporting Monitoring visits to assess maintenance needs will be conducted by the R.A. Atmore staff biologist on a monthly basis, with the first monitoring visit anticipated to occur in late January 2014 (approximately one month after the estimated completion of the initial removal in late December 2013). If initial removal is delayed due to unforeseen circumstances, such as permitting or rain delays, then it is anticipated that fewer monitoring visits would be required. Two additional site visits will be conducted by the R.A. Atmore staff biologist to gather information for annual reporting requirements for the SCARP permits (one for 2013 and one for 2014). The following information will be collected during these monitoring visits: • qualitative data regarding the overall percent of vegetation coverage, and the percent of native and non-native vegetation; • extent to which natural recruitment is occurring; • list of plant species observed at the site, both native and non-native; • observations regarding any issues or recommended maintenance measures beyond routine maintenance levels; and • photo documentation from established photo reference points to document site progress. Two reports will be prepared by the R.A. Atmore staff and submitted to the VCRCD to provide information to fulfill the annual SCARP reporting requirements (December 2013 and June 2014). These reports will contain information gathered during the above monitoring visits, and will convey the following: • list of plant species observed at the site, both native and non-native; • description of removal/treatment methodology for each targeted non-native plant species; • photo -documentation (before and after) of non-native plant removal; and • observations regarding any issues or recommended maintenance measures beyond routine maintenance levels. Section 5: Methodology Two techniques will be used for the initial removal of targeted non-native invasive plants (primarily arundo and tamarisk) at the project site: cut stump and manual removal. Due to the SCARP permit requirements associated with special status species and leaving biomass within the project site, and the R.A. Atmore and Sans, Inc. Natural Resources Division P�.eeEane Proposal N ES -13-14-05 —Arundo Removal 8 City of Santa Clarita time restrictions of the project (work to be completed by June 30, 2014), R.A. Atmore does not anticipate that the use of a brush grinder or similar equipment will be possible or practical during initial removal. The cut stump method is proposed for the initial arundo removal in order to comply with restrictions associated with the potential for the presence of arroyo toad, and in order to allow for herbicide application during initial arundo removal. Manual removal may be utilized for small individuals of tamarisk, and any opportunistic treatment of castor bean or tree tobacco. The maintenance phase of the project will utilize foliar spray for application of herbicide. Cut -Stump The cut -stump method, also known as the tut -and -daub method or the cut -and -paint method, will be used to remove arundo, tamarisk, and other woody non-native invasive species. It may also be used in areas where soil disturbance must be minimized to avoid impacts to special status wildlife. For this removal technique, work crews will use chainsaws, loppers, weed whips, or similar hand-held equipment to cut aboveground biomass as close to the ground as possible. Biomass will be removed from the site for disposal as described in the Biomass Disposal section below. A hand-held sponge painter or a hand pump sprayer will be used to apply herbicide to the stems of the cut plants. For woody trunks, herbicide will only be applied to the metabolically active portion of the stump near the edges (the cambium layer). Since the cut surface of the plant seals within minutes after cutting, herbicide will be applied immediately to the freshly cut stems or trunks for best efficacy. Foliar Spray The foliar spray method involves the application of a diluted herbicide solution (concentrations in accordance with labels) to the stems and leaves of a targeted plant. This method will be used at the project site for the treatment of resprouts after the aboveground biomass of the targeted species has been removed. In order for greatest efficacy, the leaves and stems are adequately wetted with spray solution, and care is taken to avoid spraying non -target vegetation. Work crews will use backpack sprayers or truck -mounted spray equipment (where appropriate) to apply herbicide to the target vegetation. Vegetation treated with foliar spray at the project site will be left in place to decompose naturally and provide wildlife habitat. Manual Removal Manual removal will be used for small-scale removal of tamarisk seedlings, and any opportunistic removal of castor bean, tree tobacco, or similar species. Manual removal involves the removal of an entire plant, including the roots. Small seedlings will be pulled from the ground by hand, while larger seedlings may be pulled using a weed wrench. All removed biomass will be disposed of in a landfill. Plants removed by manual removal will have little potential to resprout as long as sufficient root mass is removed. Manual removal will not be used on large, mature plants, or in areas of rocky, saturated, or very xeric soil. This technique will be discontinued if belowground portions of target plants are not being effectively removed. It will also be avoided in the case of large dense 'carpets' of target species seedlings, as other methods such as foliar spraying would be more efficient and effective. R.A. Atmore and Sons, Inc. Natural Resources Division PAP R Proposal # ES -13-14-05 — Arundo Removal 9 City of Santa Clarita Herbicides Herbicides that will be used in this project are approved by the Environmental Protection Agency (EPA) and California Department of Pesticide Regulation (DPR) for application to the target species, and are approved for use under conditions of the SCARP programmatic permits. A glyphosate -based, aquatic - approved formulation (Aquamaster) will be used on arundo, and will be the primary herbicide used for the project. A triclopyr-based, aquatic -approved formulation (Garlon 3A®) will be used for tamarisk. A California DPR and EPA approved non-ionic surfactant such as Agri-Dex will be used with all foliar herbicide applications requiring a surfactant. A non-toxic colorant will also be added to herbicide mixes to enable crews to see where application has occurred afterthe initial evaporation of the solution. Glyphosate is a non-selective systemic herbicide that is effective in controlling a variety of vascular plants, including arundo. For arundo, application during the late summer and early fall (before it becomes dormant for the winter) is particularly effective. Glyphosate (as Aquamaster) is approved for use in a variety of conditions where water is present, and has very low toxicity to mammals, birds, and fish. Triclopyr is a selective systemic herbicide that is effective for use on woody and herbaceous broadleaf plants. This herbicide is particularly effective for tamarisk. Although Garlon 3A® is approved for use in aquatic areas such as wetlands and lakes, it is not approved for use in areas with flowing water. As such, it will not be used within 20 feet of any flowing water within removal areas. As required by the SCARP permits, R.A. Atmore will coordinate with the LACACs office to obtain a PCA recommendation for herbicide application. A certified herbicide applicator who holds a current California DPR Qualified Applicator License (QAL) or a Qualified Applicator Certificate (QAC) will coordinate all herbicide applications. In addition, all herbicides will be applied under controlled circumstances following all label requirements. Non-native Plant Biomass Disposal The disposal method for non-native plant biomass removed as part of the project will be determined based on the particular treatment method used, the type of plant species, and whether there is viable seed or vegetative material present. All of the biomass removed as part of the initial removal effort for the project will be removed and disposed of In a lawful manner offsite. It is anticipated that the majority of vegetation -related work on this project will revolve around treating arundo with the cut -stump method. As such, once individual arundo canes are cut, they will be hauled manually or with a wheeled tractor to the staging area for chipping. Chips will be directed into a large dump/haul truck. Once the truck is full, the chipped biomass will be transported to Chiqulta Canyon Landfill in Castaicfor disposal. Seed -bearing tamarisk biomass removed using the cut stump method will be hauled to designated staging areas, loaded into large dump/haul trucks, and transported to Chiquita Canyon Landfill for disposal. If tamarisk biomass is determined to be without seed, It will be chipped and disposed of as for arundo above. Resprouts treated using the foliar spray method will be left onsite to decompose and provide wildlife habitat. R.A. Atmore and Sons, Inc. Naturol Resources Division PePEq Proposal ES -13-14-05 — Arundo Removal 10 City of Santa Clarita Flowerfseed heads of castor bean will be cut and bagged at the removal location to reduce the risk of seed dispersal, taken to designated staging areas, and disposed at the Chiquita Canyon Landfill. Seed - bearing biomass of any other non-native plant species (removed on an opportunistic basis) will also not be chipped in order to reduce opportunities for unintended seed dispersal. Such material will be disposed of at the Chiquita Canyon Landfill. If cut seed -bearing biomass is stored in a staging area prior to disposal, it will be placed on and covered with a plastic sheet or tarp to prevent any seed dispersal. To further prevent dispersal, such biomass will also be transported in an enclosed manner, such as covering by tarps during transport. R.A. Atmore will work towards removing all cut biomass from the project site each day. However, if stockpiles must be left overnight, they will be left in designated staging areas only. As required by the SCARP permits, no stockpiles will be left within the bed or banks of the stream channel. Biological Surveys General preconstruction surveys will be conducted by walking the project site and recording habitat, plant, and wildlife data, and noting general weather conditions. Prior to the survey, all permit documentation and a search of the CDFW's California Natural Diversity Database (CNDDB) (CDFW 2013) will be reviewed to identify special status plants, wildlife, and habitats known to occur within 10 -miles of the project site. Plant species will be identified in the field or collected for later identification using taxonomic keys in "The Jepson Manual of Higher Plants of California" (Hickman 1993). All wildlife species detected during the course of the survey will also be documented in field notes. During the survey, each vegetation type will be evaluated for its potential to support special status species that are known or expected to occur in the region (in particular, arroyo toad habitat will be identified). Birds will be identified by visual and auditory recognition. Surveys for mammals will be conducted during the day and include searching for and identifying diagnostic signs, including scat, footprints, scratch -outs, dust bowls, burrows, and trails. The additional focused surveys will be conducted as described above, but with a focus on the particular targeted survey species. If required by regulatory agencies, specialized surveys for federally listed species during their breeding seasons, such as the arroyo toad and least Bell's vireo, will be conducted utilizing the established protocol methods for these species. Section 6: Project Management R.A. Atmore will assign a principal and project manager to oversee and manage all aspects of the implementation of the project, including: • development of final project schedule; • acquisition of regulatory approvals (VCRCD and associated regulatory agencies described in Section 3 and Section 4); • coordination with the City of Santa Clarita; • coordination with Ecological Sciences (subcontractor); and • coordination of biomass removal and maintenance activities. The principal and project manager will also provide regular on-site supervision of project implementation. R.A. Atmore and Sons, Inc. Natural Resources Division v�aEn Proposal # ES -13-14-05 — Arundo Removal 11 City of Santa Clarita R.A. Atmore will assign a lead foreman to supervise the implementation of initial removal and maintenance activities on a daily basis. R.A. Atmore will assign administrative staff to provide required documentation to comply with the labor compliance requirements for the project. R.A. Atmore will assign a field crew of 7 to 8 (depending on project needs) to implement the initial removal, and a crew of four for maintenance activities. R.A. Atmore will provide a biologist, resource ecologist, and hire a qualified subcontractor with the necessary special status species permits (arroyo toad) to provide the required preconstruction surveys and biological monitoring for the initial removal and maintenance phases of the project. Section 7: Assigned Personnel R.A. Atmore staff assigned to the project will include the president/principal, project manager, biologist, resource ecologist, administrative/office manager, and a field crew. R.A. Atmore will also utilize a subcontractor, Ecological Sciences, for biological surveys and biological monitoring tasks. Personnel Profiles R.A. Atmore Richard Atmore Jr President/Principal Mr. Atmore has 22 years' experience in the landscape and construction industries. He has managed a wide variety of habitat restoration, mitigation installation, non-native plant removal, fuel load reduction, and erosion control installation projects. He holds a California General Engineering Contractor's License (#778147-A) and a Qualified Applicators License (#31104) from the Department of Pesticide Regulation. Mr. Atmore also provides stewardship for over 7,000 acres of open space and rangeland in the Ventura foothills and maintains a 350 head cow -calf operation on the property. Mr. Atmore has experience as lead foreman for past arundo removal projects within the site specific implementation area for the City of Santa Clarita. He also works with the Ventura County Fire Protection District on large-scale fuel modification projects and is President of the Central Ventura County Fire Safe Council. He is a Director of the Ventura County Contractor's Association, a member of the Ventura County Farm Bureau, the California Cattlemen's Association, the California Invasive Plant Council, and the California Native Grasslands Association. Mr. Atmore received the 2011 Award for Excellence in Agricultural Stewardship and Sustainability from the Ventura County Resource Conservation District. Mr. Atmore will provide project management and oversight for the project, and will spend an estimated 17 hours to complete these tasks. Professional Experience President: R.A. Atmore & Sons Inc., Ventura, CA 1989 - Present Directs company mission and operations for two divisions under RA Atmore & Sons. Interfaces with local planning, land -use, finance, legal, and environmental organizations to create positive relationships with community and civic leaders. R.A. Atmore and Sons, Inc. Noturol Resources Division PAPER Proposal # ES-13-14-05—Am ndo Removal 12 City of Santa Clarita • Ensures efficient implementation of contracted projects by managing scope, schedules, quality control, and monitoring overall operational performance of all projects. • General Engineering Contractor's License, #778147-(A) since 1999 Owner: R.A. Atmore & Sons, Inc. - Natural Resources Division (formerly Foothill Weed Abatement), Ventura, CA 1988 - Present • Manages all aspects of environmental contracting and consulting company. • Directly supervises all contracting projects.. • Coordinates labor crews for all contracting projects. • Qualified Applicator's License, #31104 since 2002 • Contracts annually with: o County of Ventura Public Works Agency — Watershed Protection District o County of Ventura Public Works Agency—Transportation Department o Ventura County Fire Protection District o City of Moorpark o City of Oxnard - Code Enforcement; Parks Dept.; Community Dev.; Housing o City of Thousand Oaks o Aera Energy (subcontractor for DeAngelo Brothers, Inc.) o Calleguas Municipal Water District o Casitas Municipal Water District o Southern California Gas Company Owner: R.A. Cattle Company- Ventura, CA 1988 - Present • Owns and runs cattle ranch on Lloyd Properties Lease. • Leases 7000 acres of grazing land with a 350 head cow/calf operation. Principal: Wildscape Restoration Inc., Ventura, CA 2006-2012 • Managed habitat restoration, mitigation implementation, and non-native plant removal projects. • Contributed to business development activities by identifying new opportunities, supporting proposal development, giving presentations, and client interaction. • Managed project contracts, insurance, and budgets up to $800,000; and supervised financials. • Contracted with: o Shea Homes o Continuing Life Communities o San Gabriel Mountains Conservancy o Ventura County Resource Conservation District o Ventura County Farm Bureau o Ojai Valley Land Conservancy o Ventura County Transportation Department o Wood-Claeyssens Foundation - Taylor Ranch R.A. Atmore and Sons, Inc. Natural Resources Division n�ven Proposal ES -13-14-05 — Arundo Removal 113 City of Santa Clarita Property Manager: Lloyd Properties LLC, Ventura, CA 1995 - Present • Maintains ranch infrastructure, paved dirt roads, drains, water systems, and fences. • Coordinates and monitors all utility and pipeline companies. • Coordinates and monitosr all state and county agencies while on property. • Gauges oil royalties, manages tenants, and coordinates permits with regulatory agencies. • Monitors property leaseholders' oilfield activities. • Manages open space and rangeland areas. • Ensures erosion and stormwater pollution control practices are followed. • Plans and implements Best Management Practice procedures. • Manages projects and budgets up to $500,000. Anna Huber, Project Manager and GIS Specialist Ms. Huber has specialized in environmental project management and GIS for the past 7 years, and her experience focuses on habitat restoration and evaluation. She has managed and coordinated watershed planning projects, regulatory coordination and permitting projects, preparation of mitigation and restoration plans including the design of plant palettes and seed mixes, annual monitoring and reporting projects, and biological constraints and assessment projects. Ms. Huber's experience also Includes management and construction oversight of habitat restoration and non-native invasive plant removal projects, and a variety of fieldwork including qualitative and quantitative habitat surveys, GPS -based data collection, water quality monitoring, construction monitoring, and weather equipment installation. This experience includes providing project management for past arundo removal projects within the site specific implementation area for the City of Santa Clarita. She is proficient with ArcView GIS software and is experienced with GIS -based map creation for a variety of contexts and applications. Ms. Huber holds a Bachelor of Arts degree in Geography with an emphasis on Environmental Studies and is also a Certified Arborist (#WE -9671A). Ms. Huber will provide project management, oversight, and site monitoring for the project, and will spend an estimated 128 hours to complete these tasks. Professional Experience Project Manager/GIS Specialist: R.A. Atmore and Sons, Inc., Ventura, CA March 2011— Present • Manages and coordinates planning and implementation of non-native vegetation removal projects, habitat restoration projects, regulatory permitting projects, and environmental assessment/survey projects. • Develops monitoring and assessment plans. • Develops and prepares GIS -based maps, documents, and graphics. • Supervises field crews. • Performs fieldwork, including qualitative and quantitative surveys, GPS -based data collection, and weather equipment installation. Senior Project Manager/GIS Specialist: Wildscape Restoration, Inc., Ventura, CA June 2006 — March 2011 • Managed and coordinated planning, regulatory permitting, and implementation of habitat restoration projects. R.A. Atmore and Sons, Inc. Natural Resources Division PRPEN Proposal N ES -13-14-05 —Arundo Removal 14 City of Santa Clarita • Performed site visits to potential as well as current project sites and prepared adaptive management solutions. • Developed and prepared GIS -based maps, documents, and graphics. • Coordinated and assisted with public outreach activities including workshops, meetings, and websites. • Prepared and reviewed grant proposals. • Supervised field crews. • Performed fieldwork, including qualitative and quantitative surveys, GPS -based data collection, construction monitoring, and water quality testing and sampling. Project Experience Non -Native Vegetation Removal United Water Conservation District • Santa Felicia Tamarisk Removal Project — Project Manager, Site Monitor Wood-Cloeyssens Foundation —Santa Barbara, California • Taylor Ranch Arundo Removal Project — Project Manager, Site Monitor • Lower Ventura River Arundo Removal Project — Project Manager, Site Monitor City of Santa Clarita, Santa Clarita, California • Arundo Removal — Site Specific Implementation Project (SSIP) o Regulatory Permit Coordination, Biological Survey, Construction Management, Habitat Restoration — Project Manager Watershed Planning Ventura County Resource Conservation District, Somis, California • Upper Santa Clara River Watershed Arundo/Tamarisk Removal Program (SCARP) o Long -Term Implementation Plan and EIR— Technical Project Assistant • Upper Santa Clara River Watershed Arundo/Tamarisk Removal Programmatic Permits (USCPP) o Programmatic Regulatory Permits — Assistant Project Manager • Santa Clara River Watershed Invasive Plant Removal (SCIPR) Program o Long -Term Implementation Plan, Data Gap Analysis, EIR, and Permits —Assistant Project Manager/GIS • Calleguas Creek Watershed Arundo/Tamarisk Removal Program (CCARP) o Long -Term Implementation Plan, EIR, and Permits —Technical Assistance/GIS San Gabriel Mountains Regional Conservancy, Glendora, California • Walnut Creek Habitat Enhancement and Non -Native Invasive Plant Removal Project o Long -Term Implementation Plan, —Assistant Project Manager/GIS Habitat Mitigation/Revegetation Planning and Implementation Continuing Life Communities, Thousand Oaks, California • University Village Retirement Community Development o Habitat Mitigation and Monitoring Plan — Project Manager, GIS o HydroseedApplication— ProjectManager o Mitigation Implementation and Maintenance—Project Manager, Site Monitor o Revegetation Implementation and Maintenance — Project Manager, Site Monitor R.A. Atmore and Sons, Inc. Natural Resources Division PAPER Proposal # ES -13-14-05 —Arundo Removal 15 City of Santa Clarita Ventura County Transportation Department, Ventura, California • Telegraph Road Bridge Mitigation Project o Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site Monitor • Casitas Vista Road Emergency Opening Project Site c Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site Monitor • Santa Ana Road Emergency Opening Project Site o Mitigation Implementation, Progress Monitoring and Reporting — Project Manager, Site Monitor • Grimes Canyon Road Bridge 226 Mitigation Site o Mitigation Monitoring, Reporting, and Maintenance — Project Manager, Site Monitor, GIS • Grimes Canyon Road Bridge 225 Mitigation Site o Mitigation Monitoring and Reporting—Project Manager, Site Monitor, GIS Regulatory Permitting Wood-Cloeyssens Foundation — Santa Barbara, California • Diablo Canyon Creek Stream Crossing—Project Manager, GIS • Taylor Ranch Arundo Removal Project—Project Manager, GIS • Lower Ventura River Arundo Removal Project—Project Manager, GIS • Taylor Ranch Water Well Installation Project— Project Manager, GIS Lloyd Properties — Warner Center, California • Lake Canyon Sump Protection Project—Project Manager Private Landowners — Ventura County, California • Hopper Creek Flood Protection Project—Project Manager • Haines Barranca and Adams Barranca Channel Clearing Project—Project Manager • Walnut Creek Tributary Channel Clearing— Project Manager Christina Sulzman, Biologist Ms. Sulzman specializes in wildlife biology with an emphasis on avian species. She has 18 years of experience as a biologist, including 5 years professional experience as an environmental consultant. This experience includes project management; assisting with regulatory permit acquisition and compliance, including California Environmental Quality Act (CEQA)/ National Environmental Policy Act (NEPA) compliance; and the preparation of environmental documentation, including biological assessments, mitigation and monitoring plans, and CEQA documents. As a biologist, Ms. Sulzman conducts avian surveys, such as focused surveys for endangered, threatened, and sensitive bird species (including species such as least Bell's vireo, burrowing owl [Athene cuniculorio], and Swainson's hawk [Buteo swainsom]); nesting bird surveys; general wildlife surveys; habitat assessments; vegetation mapping; management of non-native invasive plant species removal; and construction monitoring in a variety of habitats in southern California. Ms. Sulzman holds a Bachelor of Science degree in Biology and Geography, and also holds a current State of California Scientific Collectors Permit (SC -10203). Ms. Sulzman will conduct biological surveys for avian species and provide project site monitoring for the project, and will spend an estimated 157 hours to complete these tasks. R.A. Atmore and Sons, Inc. Natural Resources Division PAPER Proposal # ES -13-14-05 — Aru ndo Removal 16 City of Santa Clarita Professional Experience Biologist, R.A. Atmore and Sons, Inc. June 2011— Present Biologist, Rincon Consultants, Inc. April 2011— November 2012 Biologist/Assistant Project Manager: Wildscape Restoration, Inc. March 2008 —January 2011 Field Crew/Field Crew Leader: Institute for Wildlife Studies March 2002 — February 2004 Biologist: Glen Lukas Associates 2001 Field Biologist: University of Arizona 2000 — 2001 Field Biologist/Co-Project Manager: Massachusetts Division of Wildlife 1999 Biological Technician: U.S. Fish and Wildlife Service, Honolulu, HI 1997 —1999 Field Biologist: U.S. Fish and Wildlife Service, Milbridge, ME 1998 Biological Technician: U.S. Fish and Wildlife Service, Notional Biological Service, Volcano, HI 1996-1997 Biological Technician: National Park Service, National Biological Service, Indiana Dunes National Lakeshore, IN 1992 —1995 Qualifications • Ms. Sulzman has worked extensively on threatened and endangered bird research and recovery projects, and has worked with private, public, military, and government groups and agencies to address issues related to species conservation. • Using her expertise in ornithology, she has conducted surveys and assisted in management of the San Clemente loggerhead shrike (Lonius /udovicianus mearnsi), Laysan finch (Telespizo cantons), Laysan duck (Anal laysanensis), Hawaiian crow (Corvus howaliensis), and the Palila (Loxioides bailleui), a species of Hawaiian honeycreeper. • Ms. Sulzman also has conducted general nesting bird surveys, and has conducted or assisted in surveys for numerous sensitive avian species on the California mainland, including but not limited to least Bell's vireo, California black rail (Laterallus jamaicensis coturniculus), western snowy plover (Choradrius alexandrines nivosus), California least tern (Sternula antillarum brown), southwestern willow flycatcher, burrowing owl, Swainson's hawk, and nesting raptors. • Ms. Sulzman has assisted with focused protocol surveys for sensitive wildlife species, including least Bell's vireo. • Ms. Sulzman is experienced in vegetation mapping in southern California riparian habitat. • Ms. Sulzman has assisted with the management of habitat and resource management projects, and has experience in the restoration of wetland/riparian communities in southern California. • Ms. Sulzman has experience implementing construction monitoring for compliance with regulatory agencies, specifically for the avoidance and minimization of impacts to sensitive biological resources, including federally listed species. Proiect Experience Avian Surveys / Research • Least Bell's Vireo Focused Surveys - Taylor Ranch, Ventura County Watershed Protection District, Ventura County, CA • Protocol level surveys - southwestern willow flycatcher, western snowy plover, and California least tern surveys (> 40-hrs each), San Diego, Kern, and Ventura Counties, CA • Swainson's hawk nest and census surveys, burrowing owl focused surveys, general raptor surveys, Los Angeles and Kern Counties, CA R.A. Atmore and Sons, Inc. Natural Resources Division Pepeq Proposal # ES -13-14-05 —Arundo Removal 17 City of Santa Clarita • General nesting bird surveys — various projects, including but not limited to Ventura County Watershed Protection District (Jepson and Real Debris Basins, Brown Barranca), Ventura County Resource Conservation District, Taylor Ranch, Ventura County, CA • Fish monitoring (including federally listed threespine stickleback) for water release, Metropolitan Water District of Southern California, Santa Clara River, Los Angeles County, CA • Crew Leader, crew member - San Clemente Loggerhead Shrike Recovery Project (implemented husbandry, monitoring, release, and post -release methodologies for the federally endangered San Clemente Loggerhead Shrike for the U.S. Navy), Institute for Wildlife Studies, San Clemente Island, CA • Point count surveys (tape playback surveys) for California black rails (California state listed species), various locations in AZ, CA • Nesting and habitat surveys, and predator management for the federally endangered Palila (Hawaiian honecreeper) and'Alala (Hawaiian crow), Island of Hawaii, HI • Nesting bird surveys and population studies (including bird banding) for several seabird species, and population counts for 2 endemic federally listed species (Laysan finch and Laysan duck) on remote field stations in Hawaii, U.S. Fish and Wildlife Service, HI • Habitat assessments, plant studies, and population studies for the federally endangered Karver blue butterfly, Indiana Dunes National Lakeshore, IN Construction Monitoring/Regulatory Permit Compliance Monitoring • Arundo/giant reed removal — various projects, Taylor Ranch, Ventura County Resource Conservation District, City of Ventura, Ventura County Watershed Protection District, Ventura County, CA • Biological monitoring, oak tree removal and debris basin cleanup (Jepson and Real debris basins), Ventura County Watershed Protection District, Ventura County, CA • Biological monitoring/water quality monitoring for repair work along Brown Barranca, Ventura County Watershed Protection District, Ventura County, CA • Biological monitoring for regulatory permit compliance in coastal zone for construction project, Carpinteria, CA • Biological monitoring for regulatory permit compliance for geological surveys, Lang Ranch Community Park Project, Conejo Parks and Recreation District, Ventura County, CA Watershed Planning • Upper Santa Clara River Arundo/Tamarisk Removal Programmatic Permits (USCPP), technical assistance with regulatory programmatic permits, Ventura County Resource Conservation District, Santa Clara River Watershed, Ventura County, CA • Santa Clara River Invasive Plant Removal (SCIPR) Program, technical assistance with the development of Long -Term Implementation Plan, CEQA documents, and permits, Santa Clara River Watershed, Ventura County, CA • Calleguas Creek Arundo/Tamarisk Removal Program (CCARP), Project Manager for development of Long -Term Implementation Plan, CEQA (Environmental Impact Report) and NEPA document preparation, arundo/giant reed removal project implementation, vegetation mapping, and project permitting, Calleguas Creek Watershed, Ventura County, CA Walnut Creek Habitat Enhancement and Non -Native Invasive Plant Removal Project, technical assistance with the development of Long -Term implementation Plan, San Gabriel Mountain Regional Conservancy, Glendora, CA R.A. Atmore and Sons, Inc. Natural Resources Division PAPER Proposal M ES -13-14-05 - Arundo Removal 18 City of Santa Clarita Jonathan Appelbaum, Resource Ecologist Mr. Appelbaum has 10 years of experience in restoration ecology, wetland delineation, regulatory permitting, biological monitoring, and environmental impact assessment. He has designed, managed, and supervised ecological restoration and enhancement programs involving sensitive vegetation communities including: native grasslands, oak woodlands, coastal sage scrub, coastal salt marsh, vernal pools, riparian / wetland ecosystems, and in -stream habitat for listed salmonid species. His professional experience has also included bioengineering, streambank stabilization, erosion control, and invasive plant management projects. Mr. Appelbaum has extensive experience in environmental impact analysis (such as CEOA and NEPA analysis), including the preparation of Environmental Impact Reports; mitigation and monitoring programs; and numerous state, local, and federal conditional use permit application packages. He has also conducted biological construction monitoring for electrical and gas transmission projects in Southern and Central California, and stormwater monitoring and stormwater Best Management Practice (BMP) inspections. Mr. Appelbaum holds a Master of Environmental Sciences and Management degree. Mr. Appelbaum will assist with permit coordination and conduct rare plant surveys for the project, and will spend an estimated 32 hours to complete these tasks. Professional Experience: Biological Construction Monitor: BioResource Consultants, Ojai, CA October 2012 - February 2013 • Conducted pre -construction surveys for Desert tortoise (Gopherus agassizii) & Burrowing owl. • Performed biological construction monitoring for So Cal Edison's "Leatherneck" 115 kV electrical transmission line project in Twentynine Palms, CA. Restoration Scientist: Salmon Protection and Watershed Network, Olema, CA August 2011- Sept. 2012 • Managed, coordinated, and implemented grant -funded riparian habitat restoration and streambank stabilization projects on public and private lands throughout Lagunitas Creek Watershed in Marin County. • Acquired regulatory and T&E species "take" permits for habitat restoration and research and monitoring activities. Coordinated T&E species "take" reporting for SPAWN's research and monitoring activities. • Managed and coordinated SPAWN's Landowner Assistance Program, including recruitment of participating landowners and grant solicitation. Landowner assistance program targeted small projects on private lands to restore and enhance riparian habitat, stabilize streambanks, control erosion, and improve water quality for Coho salmon and Steelhead trout. Project Manager: Channel Islands Restoration, Carpinteria, CA Dec. 2010 -June 2011 • Coordinated volunteer programs for projects on the CA Channel Islands and adjacent mainland. Responsibilities included recruitment, training, and supervision of volunteers for community- based habitat restoration projects. • Administered environmental education program. Programs included giving in -class presentations on topics like watershed protection, invasive species, food web dynamics, and island biogeography to participating class groups, followed by supervising / leading field trips to the Channel Islands for experiential learning. R.A. Atmore and Sons, Inc. Natural Resources Division PAPEN Proposal # ES -13-14-05 — Arundo Removal 19 City of Santa Clarita Biologist: Rincon Consultants Inc., Ventura / San Diego, CA June 2010 — Dec. 2010 • Conducting biological surveys and biological construction monitoring for various infrastructure development and energy projects throughout southern California. • Conducted biological reconnaissance surveys, including vegetation community classification and mapping, wetland delineations, and T&E species habitat assessments, and prepared biological technical reports for solar -electric projects. Biologist: Technology Associates Inc., San Diego, CA May 2007 — September 2008 • Conducted jurisdictional (wetland) delineation surveys and prepared jurisdictional delineation reports. • Conducted biological reconnaissance surveys, vegetation community classification and mapping, and sensitive plant and wildlife species habitat assessments. • Conducted quantitative restoration performance monitoring and vegetation sampling. • Developed protective wetland and riparian habitat buffer guidelines. • Assisted with development of resource management plans (RMPs) and adaptive management and monitoring plans (AMMPs) for large-scale programmatic habitat conservation and resource management projects. • Assisted with development of restoration suitability and prioritization model and compensatory mitigation guidelines for long-term planning and management of a major southern California watershed (Otay River). Regulatory Specialist: Chambers Group Inc., Irvine, CA January 2004 — March 2007 • Wrote and developed habitat restoration and enhancement plans and conceptual mitigation plans for compensatory mitigation (riparian and coastal sage scrub habitats). • Conducted quantitative restoration performance monitoring and vegetation sampling. • Wrote Biological Assessment for impacts to federally -listed endangered species. • Prepared biological technical reports and regulatory permit applications. • Conducted habitat suitability evaluations and prepared habitat assessments. • Coordinated agency negotiations in support of regulatory permitting and compensatory mitigation. • Managed projects within the range of $10,000-50,000 and conducted resource scheduling and budgeting, marketing, and proposal writing. Restoration Ecologist: Ecosystems Restoration Associates, San Diego, CA November 2002 — November 2003 • Supervised implementation of ecosystem restoration and enhancement programs involving diverse habitat types (riparian wetlands, coastal sage scrub, and native grasslands) and restoration techniques. • Conducted quality control/quality assurance monitoring, developed and enforced field safety protocol. • Conducted quantitative vegetation sampling and rare plant surveys. Environmental Analyst: URS Corporation, San Diego, CA February 2002 — November 2002 R.A. Atmore and Sons, Inc. Natural Resources Division 09M Proposal p ES -13-14-05 - Arundo Removal 20 City of Santa Cla rita • Conducted CEO.A analysis and prepared Draft and Final Environmental Impact Report (EIR) documents. • Prepared regulatory permit applications and support documents including CA Coastal Commission CDP. Ecological Restoration Crew -Member & Crew Leader -In -Training: Bitterroot Restoration Inc., Solana Beach, CA August 2001- November 2001 • Implemented ecological restoration and enhancement programs. • Performed duties of crew laborer while learning logistics and operations skills. Shelli Brennan, Office Manager/Quality Specialist Ms. Brennan has over 25 years' experience in office management and several years' experience working with ISO 9001 program compliance and auditing. Ms. Brennan has worked in the oil, engineering consulting, and construction industries in Ventura County. She has assisted in the project management of many large geotechnical engineering projects and has managed several internal compliance programs. She has experience in writing processes and procedures and internal auditing to comply with ISO 9001 certification. She has served on the Best Practices Committee of a large engineering company and is a certified Internal Auditor and Notary Public. Ms. Brennan will provide oversight of labor compliance for the project, and will spend an estimated 50 hours to complete this task. Professional Experience: Office Manager: R.A. Atmore & Sons, Inc., Ventura, CA May 2013 - Present • Office Management for a small construction company • Bookkeeping -including AP, AR, and payroll (prevailing wage and certified payroll) --QuickBooks • Contract Administration • Human Resources duties (interviewing, hiring, and departing employees) • Labor Compliance (State and Federal laws/regulations) • Preparation of relevant management reports, including weekly, monthly, quarterly and year-end Quality Specialist: Fugro Consultants, Inc., Ventura, CA May 2011- May 2013 • Assist Quality, Health, and Safety Manager in reviewing company processes and practices against ISO 9001 requirements • Assist Corporate Counsel by maintaining contract database, facilitating and calendaring contract review • Webmaster for company intranet site • Conduct annual internal audits of various company offices to ensure compliance with ISO 9001 • Administer Client Satisfaction Survey Program • Member of company's Best Practices Committee Executive Assistant /Office Manager: Fugro Consultants, Inc., Ventura, CA October 2006 - May 2011 R.A. Atmore and Sons, Inc. Natural Resources Division PAPER Proposal # ES-13-14-05—Arundo Removal 21 Clty of Santa Clarlta • Executive Assistant to President, Managing Director, and Operations Manager • Supervised Receptionist and Office Assistant • Maintained administrative budgets and approved all administrative invoices • Coordinated meetings and recorded minutes • Made travel arrangements (domestic and international) for executive staff • Planned company events • Maintained insurance certificates and vendor contracts Office Manager\Bookkeeper: R.A. Atmore & Sons, Inc., Ventura, CA 1998 — October 2006 • Office Management for a small construction company • Bookkeeping (including AP, AR, and payroll --QuickBooks) • Contract Administration • Human Resources duties (interviewing, hiring, and departing employees) • Labor Compliance (State and Federal laws/regulations) • Job Scheduling Administrative Assistant: Stewart & Stevenson Operations, Inc., Camarillo, CA 1996-1998 • Administrative duties for a staff of 12 at a Cogeneration Power Plant • Managed budget for plant and approved invoices • Designed an accounts payable/budget program in Access • Maintained daily and monthly Production Reports in Excel • Selected as the Western Region Business Practices Representative (conducted training/record keeping for the Business Ethics Program) Personnel Administrator: Oil Country Manufacturing, Ventura, CA 1994-1995 • Human Resources duties for a staff of 100 at a manufacturing company • Labor Compliance (State and Federal laws/regulations) • Assisted Sales Department in preparing quotes and organizing meetings • Assisted Safety Director in implementing Safety Program Jesus Ramirez, Lead Foreman Mr. Ramirez is an experienced vegetation management specialist and has worked in the habitat restoration field for over 15 years. He specializes in invasive plant removal including arundo, tamarisk and others, as well as the installation of native plants for habitat restoration and mitigation projects. Mr. Ramirez has experience as lead foreman for past arundo removal projects within the site specific implementation area for the City of Santa Clarita, and as lead foreman on hundreds of projects over the past 15 years. He has harvested and installed thousands of native plant cuttings, installed extensive irrigation systems, is skilled at herbicide application and native plant identification, and has installed a variety of erosion control materials. Mr. Ramirez is certified in Safety Training and Oilfield Hazard Awareness by Associated Builders & Contractors Central California Chapter. He is also a certified welder, a skilled operator of various trucks/tractors and equipment, as well as a ranch manager. Mr. Ramirez will be the lead foreman for the implementation of initial removal and maintenance activities for the project, and will spend an estimated 288 hours to complete these tasks. R.A. Atmore and Sons, Inc. Natural Resources Division PgVER Proposal p ES-13-14-05—Arundo Removal 22 City of Santa Clarita Representative Project Experience Wildscape Restoration/City of Santa Clorita, Santa Clorito, CA (2008, 2009, 1010-2011) • Arundo Removal —Santa Clara River Arundo Removal Project o Lead foreman for implementation of non-native vegetation removal (arundo in particular) and maintenance treatments. United Water Conservation District, Santa Paula, CA (2013) • Tamarisk Removal — Lake Piru, Piru, CA o Lead foreman for tamarisk removal project from various locations around Lake Piru. Ventura County Watershed Protection District (VCWPD), Ventura, CA (1003-2013) • Lead foreman for a broad range of vegetation management, non-native plant removal (including arundo), herbicide application, and mitigation site installation projects for the VCWPD throughout Ventura County, Wildscape Restoration/Shea Homes, Corona, CA (2006) • Arundo Removal — RiverParkCommunityDevelopment o Lead foreman for implementation of non-native vegetation removal (arundo in particular) and maintenance treatments. Subcontractors Ecological Sciences, Inc. Scott Cameron, Principal Biologist Mr. Cameron has over 20 years of biological consulting experience. He has participated in the preparation of hundreds of various biological technical studies throughout California since 1990. He also has extensive experience in sensitive biological resources inventories, endangered species surveys, general wildlife biology, environmental mitigation monitoring, and wildlife and botanical habitat evaluations in the California counties of San Bernardino, Los Angeles, Kern, Riverside, San Diego, Orange, Fresno, Kings, Tulare, Santa Barbara, Alameda, Ventura, Santa Barbara, Monterey, Imperial, Del Norte, Sacramento, and San Joaquin. Mr. Cameron has extensive survey experience in Wyoming, Nevada, and Utah as well. He provides project management and direction, preparation of environmental documents under the Endangered Species Act (ESA), California Environmental Quality Act CEOA, NEPA, endangered species expertise, biological resources consultation, biological construction monitoring and sensitive biological resources educational training for a wide range of projects. He develops and implements mitigation and monitoring plans, permitting strategies, manages construction monitoring, and provides endangered species permitting assistance. Mr. Cameron also conducts wetland delineations and permitting per USACE and CDFW requirements. Mr. Cameron will conduct biological surveys (arroyo toad, general preconstruction, special status species) and provide biological monitoring and oversight of biological monitoring for the project. Mr. Cameron's qualifications are further detailed in Section 11. He will spend an estimated 328 hours to complete these tasks. Section 8: Schedule Table 1 below lists the proposed schedule by R.A. Atmore for the project: R.A. Atmore and Sons, Inc. Natural Resources Division PAVER Proposal g ES -13-14-05 — Arundo Removal 23 City of Santa Clarka Table 1— Project Schedule Project Activity Approximate start Date Approximate End Date Prima ry Assigned Personnel Estimated No. of No. of labor Hours Regulatory Permit Coordination SCARP Permit Coordination (VCRCD) 9/26/2013 11/8/2013 Principal, Project Manager, Biologist 3 21 IACFCD Permit 9/26/2013 11/8/2013 Project Manager, Biologist 2 20 LACAC PCA Recommendation 9/26/2013 11/8/2013 Project Manager 1 8 Notification to Neighbors within 100 Feet 10/8/2013 10/10/2013 Project Manager, Resource Ecologist 2 24 Biological Surveys/Monitoring Initial Removal Preconstruction Survey 11/11/2013 11/12/2013 Subcontractor (Biologist), Biologist 3 32 Environmental Education Documentation 11/11/2013 11/12/2013 Biologist 1 8 Biological Construction Monitoring 11/18/2013 12/31/2014 Subcontractor (Biologist) 27 216 Maintenance Raptor/Nesting Bird Surveys 2/3/2014 5/15/2014 Biologist 3 24 Arroyo Toad Surveys 2/1/2014 5/15/2014 Subcontractor (Biologist), Biologist 2-3 24 Rare Plant Surveys 3/1/2014 5/1/2014 Resource Ecologist 2 16 Least Bell's Vireo Surveys 4/15/2014 5/15/2014 Biologist 3 24 Biological Construction Monitoring 1/6/2014 5/15/2014 Subcontractor (Biologist) 9 72 Initial Arundo and Tamarisk Removal Supervision of Removal Activities 11/18/2013 12/31/2014 Principal & Project Manager SO 42 Removal Work 11/18/2013 12/31/2014 Crew Foreman (1), Laborers (7) 27 1,680 Labor Compliance 11/18/2013 12/31/2014 Admin/Office Manager, Project Manager 7 41 Maintenance Supervision of Maintenance Activities 1/6/2014 5/15/2014 Principal, Project Manager 9 it Removal Work 1/6/2014 5/15/2014 Crew Foreman (1), Laborers (3) 9 288 Labor Compliance 1/6/2014 5/15/2014 Admin/Office Manager, Project Manager 3 17 Monitoring and Reporting Monitor Site Conditions (Resp routs) 1/15/2014 5/15/2014 Project Manager, Biologist 5 29 Progress Photos, Report to VCRCD 1/15/2014 5/15/2014 Biologist 3 32 R.A. Atmore and Sons, Inc. Natural Resources Division PI1PE� Proposal ES-13-14-05—Arundo Removal 24 City of Santa Clarita Section 9: Program Monitoring R.A. Atmore will provide project management and oversight in order monitor the progress of all phases of the project. The R.A. Atmore principal and project manager assigned to the project will coordinate with the City of Santa Clarita for all phases of the project. The project manager will provide overall management, oversight, and coordination for all aspects of the project, including direct coordination with the VCRCD and LACFCD for all regulatory permitting; the LACAC for the PCA recommendation; the R.A. Atmore biologist, resource ecologist, and subcontracted biologist for all biological surveys and monitoring; the R.A. Atmore foreman and crew for all project implementation; and the R.A. Atmore administrative staff for all labor compliance. The R.A. Atmore biologist and resource ecologist, and the subcontracted biologist will coordinate with the permitting agencies and the R.A. Atmore field crew to provide required biological surveys and monitoring. The R.A. Atmore field crew will coordinate with the R.A. Atmore biologist and resource ecologist, and the subcontracted biologist; and the R.A. Atmore administrative staff during project implementation to comply with biological monitoring and labor compliance requirements. The R.A. Atmore administrative staff will coordinate with the City of Santa Clarita and the R.A. Atmore field crew to provide required labor compliance documentation. A workflow diagram is provided in Figure 2 Section 10: City Resources R.A. Atmore anticipates coordinating with Heather Merenda, Sustainability Planner for the Environmental Services Division, regarding project management and scheduling. R.A. Atmore may also need to coordinate with other city staff regarding access to certain areas that require using the bike path, including opening locked gates or the potential removal of a small amount of fencing. Section 11: Subcontractors R.A. Atmore will utilize one subcontractor to provide selected biological surveys and biological monitoring tasks. In particular, the subcontractor has specialized regulatory permits to monitor for arroyo toad. Ecological Sciences, Inc. Ecological Sciences is a multi -disciplinary environmental consulting firm located in Ventura County, Santa Paula, California. Pre -project environmental constraints analysis and technical biological studies are the firm's primary fields of expertise. Recent renewable energy projects include conducting focused biological surveys for the proposed development of three large solar projects near Blythe and EI Centro, California and facility siting surveys for meteorological tower (Met tower) installation used for wind resource assessments located in a Los Angeles County Significant Ecological Area (SEA). Multiple other biological/jurisdictional resource assessments were conducted in Los Angeles, Ventura, Riverside, San R.A. Atmore and Sons, Inc. Natural Resources Division PAPEP Proposal # ES -13-14-05 —Arundo Removal 25 City of Santa Clarita Figure 2 — Program Monitoring — Workflow Diagram City of Santa Clarita Arundo Removal Project WES-13-14-05) R.A. Atmore Principal I F.A. Atmore Project Manager 1E > City of Santa Clarita Permit Coordination Biological Surveys/Monitoring Project Implementation Labor Compliance VCRCD LACFCD E R.A. Atmore Biologist 'E R.A. Atmore Field Crew E R.A. Atmore LACAC R.A. Atmore Resource Ecologist Administrative Staff Subcontractor R.A. Atmore and Sons, Inc. Natural Resources Division AF Proposal # ES-13-14-05—Arundo Removal 26 City of Santa Clarita Bernardino, San Diego, and Sacramento counties. Currently (2010-2013), Scott Cameron, Principal Biologist for Ecological Sciences, is a California Public Utilities (CPUC) approved lead biologist for the Southern California Edison (SCE) Tehachapi Renewable Transmission Project (TRTP) for multiple special - status and listed species and is approved for work on the Angeles National Forest (ANF). Since its inception in July 2000, Ecological Sciences has specialized in the preparation of environmental documents prepared under the CEQA, NEPA, and Federal ESA and State CESA. Ecological Sciences has prepared CEQA and required Habitat Conservation Plan (HCP) documents and associated technical studies for over 200 clients, including both public and private entities. It is also important to note that for the majority of these clients, we have completed several different projects, demonstrating their confidence in our ability to perform. Scott Cameron, Principal Biologist Qualifications Mr. Cameron has over 20 years of biological consulting experience. He has participated in the preparation of hundreds of various biological technical studies throughout California since 1990. He also has extensive experience in sensitive biological resources inventories, endangered species surveys, general wildlife biology, environmental mitigation monitoring, and wildlife and botanical habitat evaluations in the California counties of San Bernardino, Los Angeles, Kern, Riverside, San Diego, Orange, Fresno, Kings, Tulare, Santa Barbara, Alameda, Ventura, Santa Barbara, Monterey, Imperial, Del Norte, Sacramento, and San Joaquin. Mr. Cameron has extensive survey experience in Wyoming, Nevada, and Utah as well. He provides project management and direction, preparation of environmental documents under the Endangered Species Act (ESA), CEQA, NEPA, endangered species expertise, biological resources consultation, biological construction monitoring and sensitive biological resources educational training for a wide range of projects. He develops and implements mitigation and monitoring plans, permitting strategies, manages construction monitoring, and provides endangered species permitting assistance. Mr. Cameron also conducts wetland delineations and permitting per USACE and CDFW requirements. Mr. Cameron holds five federal Section 10(a) permits to conduct focused surveys for Pacific pocket mouse, coastal California gnatcatcher, arroyo toad, California red -legged frog and Delhi sands flower - loving fly (1996-2013). Mr. Cameron is also certified to conduct surveys for the flat -tailed horned lizard by the Arizona Department of Fish and Game and approved by USFWS to conduct desert tortoise surveys. Mr. Cameron also holds a current State of California Scientific Collectors Permit (SC -6864). Education/Permits/Certifications • B.A., Environmental Studies (Natural Resource Management Emphasis; graduate -level courses in Ecology), University of California, Santa Barbara, Senior Thesis: Ecology of the San Joaquin Kit Fox • Federal Section 10(a) Permit to capture and release threatened and endangered amphibian species, arroyo toad, (TE -808242-4) 1996-2013 • Federal Section 10(a) Permit to capture and release threatened and endangered amphibian species, California red -legged frog, (TE -808242-4)1996-2013 • Completed 38 -Hour Army Corps of Engineers Wetland Delineation Program (Richard Chin 2009) • Certification, Flat -tailed Horned Lizard Survey Techniques, Arizona Department of Game and Fish R.A. Atmore and Sons, Inc. Natural Resources Division L� vaven Proposal # ES -13-14-05 — Arundo Removal 27 City of Santa Clarita CDFG Scientific Collecting Permit (SC -6864) Certification, Marine Sciences Program, Santa Barbara City College Certification, Rescue Diver, PADI Relevant Work Experience Herpetological Experience Principal Permitted Investigator for conducting numerous focused herpetological surveys associated with several Newhall Ranch projects located in the Santa Clara River and San Francisquito Creek area, Los Angeles County. Conducted focused nighttime surveys for arroyo toad, southwestern pond turtle, and two -striped garter snake. Documented presence of arroyo toad. Principal Investigator for management and implementation of The Southern California Gas Company's Programmatic Permit/Biological Opinion, Northern Service Territory. Responsible for environmental compliance throughout the permit area, which includes Kern, Los Angeles, Fresno, Kings, Ventura, and Tulare counties. Performed focused surveys for arroyo toad, California red -legged frog, and blunt -nosed leopard lizard (Gombeliosilus-BNLL). Principal Investigator for conducting focused surveys for arroyo toad for United Water Conservation District. Observed 100's of clutches, tadpoles, and juveniles within extensive areas of arroyo toad habitat over a several month period. Conducted water quality sampling at each clutch site that included temperature, pH, DO, salinity, turbidity, and conductivity. Described stream characteristics. Principal Investigator for conducting focused sensitive amphibian surveys including California red -legged frog for Ventura County Flood Control. Principal Investigator for evaluating habitats potentially suitable to support sensitive amphibians, reptiles, and mammals at the Playa Vista project site. Tasks included designing formal study plan for surveys for western spadefoot toad, southwestern pond turtle, coastal western whiptail (Cnemidophorus Tigris multiscutotus), silvery legless lizard (Anniello pulchro pulchro), coast patch -nosed snake (Salvodoro hexalepis virgultea), and two -striped garter snake. Principal Investigator for conducting focused surveys for, and translocation of, ±1,000 arroyo toads for a river diversion (Santa Margarita River) project on USMCB Camp Pendleton. Established numerous pitfall trap lines and drift fencing within extensive areas of arroyo toad habitat over a several month period. Project Ecologist for numerous surveys for arroyo toad in Orange/San Diego counties. Surveys were conducted per USFWS protocol. All arroyo toad locations were mapped for future population estimates and distributional information. Observed hundreds of arroyo toads during the course of these surveys including adults, juveniles, and tadpoles. Avian Experience Project Ecologist/Principal Investigator for 50+ nesting bird surveys (inclusive of raptors) conducted in Los Angeles, San Bernardino, Ventura, Imperial, Orange, San Diego, and Riverside counties. Mapped nesting territories and documented numerous fledglings. Senior Biologist/Principal Investigator for multiple least Bell's vireo surveys conducted in San Bernardino, Riverside, Ventura, San Diego, and Los Angeles counties. R.A. Atmore and Sons, Inc. Natural Resources Division PAPER Proposal p ES -13-14-05 — Arundo Removal 28 City of Santa Clarita Principal Investigator for over 60 western burrowing owl surveys conducted in Kern, San Bernardino, Riverside, Los Angeles, Imperial, Sacramento, and Ventura, counties for various clients throughout southern California. Observed hundreds of owls during the course of these surveys. Mapped nesting territories and documented/photographed numerous fledglings. Employed passive relocation techniques at numerous sites. Senior Biologist for numerous riparian and upland associated birds along the Santa Clara River for Newhall Land, Los Angeles County. Observed nesting and foraging behaviors to ascertain River buffer area estimates. Construction Monitoring Experience Project Ecologist for tortoise preconstruction surveys and mitigation monitoring for a development project located in Barstow, San Bernardino County. Responsible for endangered species education and training programs, construction personnel supervision, coordination of environmental monitors, and production of regular activity reports to document the implementation of mitigation measures. Project Biologist for preconstruction surveys and biological construction monitoring involving desert tortoise translocation along seven miles of electrical transmission line in Clark County, Nevada. Work to be Completed for the Project Under the direction of the R.A. Atmore project manager, Mr. Cameron will conduct biological surveys (arroyo toad, general preconstruction, special status species), provide biological monitoring and oversight of biological monitoring, and environmental education to work crews for the project. Table 2 below provides a summary of tasks to be performed by Mr. Cameron, including the number of hours and hourly rates. Table 2 —Subcontractor Work Summary Project Task Approximate Schedule Number of Hours Hourly Rate Initial Removal General Preconstruction Survey (including report) 11/11/13 — 11/12/13 24 $120 Construction Monitoring 11/18/13 — 12/31/13 216 $115 Maintenance Arroyo Toad Surveys Exact Dates TBD - 2 days 16 $120 Construction Monitoring Exact Dates TBD - 9 days 72 $115 Section 12: Contractor Capability and References Licenses Corporation No. C2178324 CA General Engineering Contractor No. 778147-A Tax Payer ID No. 77-0525164 CA Pest Control Business No. 30108 Business License No. 0572181 CA Qualified Applicator's License for Herbicide (QAL) No. 31104 SBA Micro Business No. 59514 ISA Certified Arborist No. WE -9671A Fully insured R.A. Atmore and Sons, Inc. Natural Resources Division PAPEE Proposal p ES-13-14-05—Arundo Removal 129 City of Santa Clarita The objective of the project described in the Request for Proposals document for Proposal # ES -13-14-05 is the removal of arundo and tamarisk within the specified site specific implementation area within a portion of the Santa Clara River. R.A. Atmore and our crew are well -versed with non-native invasive plant removal, including the removal of the above targeted species. Most recently, we provided these services to the Wood-Claeyssens Foundation along the lower Ventura River. We have also performed these services for the City of Santa Clarita in earlier phases of work within the site specific implementation area in Area A (2008), Area E (2009), and Area E (2010-2011). In addition, our project manager and staff biologist also have previous career experience with this type of work. With regard to environmental contracting, our staff specializes in all phases of habitat restoration; non- native vegetation removal; mitigation site installation and maintenance; vegetation enhancement and management; irrigation installation; fuel hazard reduction; installation of erosion control materials including hydroseeding; and herbicide application. The environmental consulting services we specialize in include regulatory permitting; habitat assessments; biological surveys; mitigation, revegetation and habitat restoration planning; mitigation monitoring and reporting; GIS/GPS mapping and related services; construction monitoring; and water sample collection. Relevant Experience Client: Wildscape Restoration/City of Santa Clarita Project Name: Santa Clara River Arundo Removal Project Contact Person: Heather Merenda; (661) 284-1413 Service Dates: 2008, 2009, 2010-2011 Work Performed: Implementation of non-native vegetation removal (arundo in particular) and maintenance treatments for the City of Santa Clarita. Project also included all necessary regulatory agency notification and coordination. Applicability: This project bears direct relevance to the current project, as the work performed by R.A. Atmore was associated with earlier phases of the City's overall arundo removal efforts in the SCARP site-specific implementation area. At the time work occurred, R.A. Atmore was the subcontractor for Wildscape Restoration, the consultancy that managed the project. In addition, current R.A. Atmore project manager Anna Huber was then project manager for Wildscape. Ms. Huber oversaw implementation of this project. Client: Wood-Claeyssens Foundation Project Name: Taylor Ranch Arundo Removal Project Contact Person: Joe Chrisman, Attorney; (805) 644-7111 Service Dates: 2009 to present Work Performed: Non-native vegetation removal (arundo in particular), for client property in the Ventura River, near Ventura, CA. Applicability: This project is relevant to the current project as it includes removal of the same target non-native plant species utilizing the same methodology as currently proposed (cut -stump, foliar application, chipping of biomass) and regular maintenance of treated areas. The project site is also located in a riparian corridor which requires similar sensitivity to site conditions as the current project. At the time work occurred, R.A. Atmore was the subcontractor for Wildscape Restoration, the consultancy that managed the project. In addition, current R.A. Atmore project manager Anna Huber was then project manager for Wildscape. Ms. Huber oversaw R.A. Atmore and Sons, Inc. Natural Resources Division P�PEq Proposal N ES -13-14-05 — Arundo Removal 1 30 City of Santa Clarita implementation of this project and also coordinated permit acquisition, site monitoring and maintenance, coordination with subcontractor, and annual reporting to regulatory agencies. Client: Wood-Claeyssens Foundation Project Name: Lower Ventura River Arundo Removal Project Contact Person: Joe Chrisman, Attorney; (805) 644-7111 Service Dates: 2011 to present Work Performed: Regulatory coordination and permit acquisition, non-native vegetation removal (arundo in particular), site monitoring and maintenance for client property in the Ventura River, near Ventura, CA. Applicability: This project is relevant to the current project as it includes regulatory coordination and permit acquisition, removal of the same target non-native plant species utilizing the same methodology as currently proposed (cut -stump, foliar application, chipping of biomass), regular maintenance of treated areas, and annual reporting to regulatory agencies. The project site is also located in a riparian corridor which requires similar sensitivity to site conditions as the current project. Client: Ventura County Department of Transportation Project Name: Various sites, all associated with mitigation implementation Contact Person: Chris Hooke, Project Manager; (805) 654-2048 Service Dates: 2011 to present Work Performed: Mitigation site monitoring and maintenance at various sites in the Ventura River watershed, the Santa Clara River watershed, and the Calleguas Creek watershed in Ventura County, CA. Applicability: These projects are relevant as each included an arundo removal component utilizing Applicability: the same methodology as is being proposed for the current project, as well as maintenance of the sites with the goal of meeting performance criteria established by the Army Corps of Engineers. These sites are typically in riparian areas which require sensitivity to a variety of site conditions. These projects also include tasks associated with annual reporting. Client: Ventura County Watershed Protection District Project Name: Various sites, all associated with mitigation implementation Contact Person: Dennis Kanthack, Restoration Coordinator; (805) 672-2125 Service Dates: 1996 to present Work Performed: Vegetation management, non-native plant removal (including arundo), herbicide application, and mitigation site installation at various locations in the Santa Clara River watershed, the Ventura River watershed, and the Calleguas Creek watershed, in Ventura County, CA. Applicability: These projects are relevant as they attest to the significant number of years that R.A. Atmore has been successfully implementing non-native plant removal projects. These projects typically include an arundo removal component (utilizing the same methodology as currently proposed), as well as maintenance of the sites with the goal of meeting performance criteria established by various regulatory agencies. These sites are typically in riparian areas which require sensitivity to a variety of site conditions. R.A. Atmore and Sons, Inc. Natural Resources Division P�FEP Proposal k ES -13-14-05 —Arundo Removal 31 City of Santa Clarita Client: United Water Conservation District Project Name: Santa Felicia Tamarisk Removal Project Contact Person: Linda Purpus, Environmental Scientist; (805) 525-4431 Service Dates: 2013 Work Performed: Tamarisk removal from various locations around Lake Piru, Piru, CA. Applicability: This project is relevant as it entailed removal of the same target non-native plant species utilizing the same methodology as is currently being proposed (cut -stump, foliar application, chipping of biomass). The project site is also located in a lacustrine environment which requires sensitivity to a variety of site conditions. Client: DeAngelo Brothers, Inc. (DBI) Contact Person: David Johnson, Project Manager; (909) 786-4860 Service Dates: 2009 to present Work Performed: R.A. Atmore is a subcontractor to DBI for weed abatement, herbicide application, and hydroseed application at facilities operated by Aera Energy and Vintage Production at various locations in Ventura, Los Angeles, and Kern Counties, CA. Applicability: These projects are relevant as they entail non-native plant removal utilizing the same methodology as currently proposed. Section 13: Alternative Proposals R.A. Atmore does not have any alternative proposals to present as part of this proposal document. Section 14: Conflict of Interest R.A. Atmore does not have any conflicts of interest associated with clients that may be affected by actions performed by R.A. Atmore on behalf of the City of Santa Clarita Section 15: Additional Data R.A. Atmore does not have any additional data or information to present as part of this proposal document. R.A. Atmore and Sons, Inc. Natural Resources Division gpEaae This page intentionally blank R.A. Atmore and Sons, Inc. Natural Resources Division Proposal # ES -13-14-05 —Arundo Removal 32 City of Santa Clarita P�PEP 0 R.A. Atmore & Sons, Inc. 2977 Sexton Canyon Road Ventura, California 93003 PART II - COST PROPOSAL Overall Project Costs by Tasks TASK COST Task 1— Permit Coordination $13,702.24 Task 2 — Biological Surveys and Monitoring $52,130.16 Task 3 — Initial Removal $159,757.95 Task 4 — Maintenance $15,911.35 Task 5 — Monitoring and Reporting $6,289.68 TOTAL PROJECT COST $247,791.38 Cost Breakdowns 1) Costs by Category TASK CATEGORY COST Planning $13,702.24 Environmental Compliance 52,130.16 Construction Administration $12,660.88 Construction Implementation $169,298.10 TOTAL PROJECT COST $247,791.38 2) Labor Costs PROJECT PERSONNEL HOURLY RATE R.A. Atmore Principal $150.00 Project Manager $125.00 Biologist $90.00 Resource Ecologist $90.00 Administrative/Office Manager $60.00 *Tractor Operator $87.00 *Chipper Operator/Chainsaw Operator $78.00 *Dump Truck Driver $33.00 *Landscape Laborer $31.50 Subcontractor Biologist (Surveys) $120.00 Biologist (Construction Monitor) $115.00 *designated for prevailing wage, determinations provided in Appendix A R.A. Atmore and Sons, Inc. Natural Resources Division Proposal N ES -13-14-05 — Arundo Removal 33 City of Santa Clarita EM Proposal tf ES -13-14-05 —Arundo Removal 34 City of Santa Clarita 3) Supplies and Equipment Costs Supply/Equipment/Fee Cost Per item Total Cost Permit Coordination Initial Removal General PreconstructionSurvey (including report) PermitFee— SCARPPermits $2,500.00 $2,500.00 Permit Fee - LACFCD $1,238.00 $1,238.00 Supplies for Notification to Neighbors (paper, lamination, etc.) Varied (will depend on method chosen for notification) $250.00 Initial Removal $120 Construction Monitoring Exact Dates TBD • 9 days Tool Truck $25.00/hr $5,400.00 Crew Truck $10.50/hr $2,268.00 Large Dump Truck $55.00/hr $11,880.00 Kubota Tractor $125.00/hr $24,000.00 Chipper $65.00/hr $14,040.00 Portable Toilet $12.50/day $339.00 Dump Fees $27.00/ton $2,025.00 Herbicide (Garlon 3a) $252.16 $252.16 Herbicide (Aquamaster) $1,343.75 $1,343.75 Colorant $59.39 $59.39 Tyvek Suits $10.50 ea. $756.00 Maintenance Tool Truck $25.00/hr $1,800.00 Herbicide (Aquamaster) $806.25 $806.25 Surfactant(Agri-Dex) $180.60 $180.60 Colorant $219.30 $219.30 Tyvek Sults $10.50 ea. $378.00 GRAND TOTAL $69,735.00 4) Subcontractor Costs Subcontractor: Ecological Sciences, Inc. Project Task Approximate Schedule Number of ,Hours �,, Hourly Rate Initial Removal General PreconstructionSurvey (including report) 11/11/13-11/12/13 24 $120 Construction Monitoring 11/18/13-12/31/13 216 $115 Maintenance Arroyo Toad Surveys Exact Dates TBD - 2 days 16 $120 Construction Monitoring Exact Dates TBD • 9 days 72 $115 RA. Atmore and Sons, Inc. Natural Resources Division OWN Proposal p ES -13-14-05 —Arundo Removal 135 City of Santa Clarita 5) Travel Costs Personnel Number of Trips Destination Travel Cost (IRS Rate—$0.565/mile) Permit Coordination/Project Notification R.A. Atmore Resource Ecologist 1 Areas Surrounding project Site $54'24 Biological Surveys and Biological Monitoring Subcontractor Biologist 40 Project Site $1,502.90 R.A. Atmore Biologist 7 Project Site $379.68 R.A. Atmore Resource Ecologist 2 Project Site $108.48 Initial Removal R.A. Atmore Principal 3 Project Site $162.72 R.A. Atmore Project Manager 8 Project Site $433.92 Maintenance R.A. Atmore Principal 2 Project Site $108.48 R.A. Atmore Project Manager 3 Project Site $162.72 Monitoring and Reporting R.A. Atmore Biologist 7 Project Site $379.68 GRAND TOTAL $3,292.82 PAYMENT R.A. Atmore is offering payment terms of Net 60. However, if the City of Santa Clarita would like to propose alternative payment terms, R.A. Atmore would be willing to discuss this potential change. TOTAL PROJECT COST $247,791.38 R.A. Atmore and Sons, Inc. Natural Resources Division k.Peq PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND R.A. Atmore & Sons, Inc. Contract No. 13-00344 This AGREEMENT is entered into this _ day of 20_, by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY") and R.A. Atmore & Sons, Inc., a California corporation ("CONSULTANT"'). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed two hundred thousand forty seven thousand seven hundred ninety two dollars ($247,792.00) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Revised 1/2011 Page 1 of 10 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from September 25, 2013 to June 30, 2014. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A." B. Termination as stated in Section 15. Revised 1/2011 Page 2 of 10 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the CITY within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. Revised 1/2011 Page 3 of 10 C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. I9. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. Revised 1/2011 Page 4 of 10 20. INDEPENDENT CONTRACTOR CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the Revised 1/2011 Page 5 of 10 insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT'S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative. should CONSULTANT fail to meet any of the insurance requirements under this agreement Citymay cancel the Agreement immediately with no penalty. G. Should CONSULTANT'S insurance required by this Agreement be cancelled at CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation CONSULTANT must ensure that there is no lapse in coverage. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: R.A. Atmore & Sons, Inc. 2977 Sexton Canyon Road Ventura, CA 93003 Attention: Richard Atmore Jr. If to CITY: City of Santa Clarita 23920 Valencia Boulevard., Suite 300 Santa Clarita, CA 91355 Attention: Heather Merenda Revised 1/2011 Page 6 of 10 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. Revised 1/2011 Page 7 of 10 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are one (1) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. Revised 112011 Page 8 of 10 40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The CONSULTANT shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. [SIGNATURES ON NEXT PAGE] Revised 1/201 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONSULTANT: Lfi Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Revised VIM I Page 10 of 10