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City Council Regular
Meeting Date: 06/09/2020  

Authorize the execution of a two-year agreement with a one-year renewal option with Natures Image, Inc. to provide Native Landscape and Maintenance Services for the English Channel Mitigation project in an amount not to exceed $197,375.
In 2013, the City entered into agreements in the form of regulatory permits for the English Channel Habitat Mitigation project with the U.S. Army Corps of Engineers (USACE), Nationwide Permit, the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement Permit and Incidental Take Permit, and the Regional Water Quality Control Board (RWQCB) 401 Certification (permits). The regulatory permits required the City to provide compensatory mitigation with the construction and maintenance of the English Channel Mitigation project. Compensatory mitigation is the restoration, establishment, enhancement, or preservation of aquatic resources areas such as wetlands, streams, creeks, or channels for the purposes of offsetting environmental losses resulting from unavoidable impacts.
The English Channel Mitigation project was established as compensatory mitigation as a result of the Peyton Drive and English Channel Phase III project, which consisted of the widening of Peyton Drive (from Eucalyptus Avenue to Grand Avenue) and stormwater facility improvements at the intersection of Peyton Drive and Eucalyptus Avenue. Consequently, the City was required to mitigate or offset the impacts by establishing the English Channel Mitigation project. The City was required to create 1.45 acres of mitigation, 4.73 acres of original enhancement, and 2.18 acres of additional enhancement areas. The 1.45 acres of mitigation and 6.91 acres of enhancement total to 8.36 acres. Maps of the mitigation and enhancement areas are attached to this staff report.
On June 27, 2017, the City adopted a resolution approving the design and plans for the construction phase of the English Channel Habitat Mitigation project. The project included excavation and grading for the creation of new riparian wetlands within the mitigation area, as well as the installation and maintenance of native plants.
On February 14, 2018, the City completed the construction phase of the English Channel Mitigation project and immediately entered into the required five-year maintenance phase, per the permit requirements. The City is currently in the third year of the maintenance phase for the 8.36 acres. The native landscape and maintenance services activities are required to be performed in accordance with the English Channel Mitigation project’s Habitat Mitigation and Monitoring Plan (HMMP) which includes but is not limited to performing maintenance activities by hand to protect native plants, endangered species birds, i.e., Least Bell’s Vireo during nesting season (occurs annually from February to September), and other nesting birds.

On April 2, 2020, the Public Works Department issued a Request for Proposals (RFP) for Native Landscape and Maintenance Services and received one proposal, submitted by Natures Image, Inc., which was evaluated based on the following criteria:
  1. Demonstration of qualifications and experience
  2. Adequacy and approach for the requested services
  3. Maintenance management plan strategies
  4. Available resources to perform services
  5. Willingness to agree to all terms of the City's standard agreement
  6. Cost proposal
The Natures Image proposal met the evaluation criteria and the cost amount falls within the project estimate. Staff recommends approving an agreement with Natures Image, Inc. in an amount not to exceed $197,375, which includes a two-year agreement of $154,803 with an optional one-year extension in the amount of $42,572 for Native Landscape and Maintenance Services for the English Channel Mitigation project.
This project received environmental clearance via an Initial Study/Environmental Assessment (IS/EA) entitled “Peyton Drive Widening Project”. The project document includes related work associated with English Creek/Channel. A Mitigated Negative Declaration (MND) was adopted by the City Council on October 23, 2007.
The project costs for this agreement is $197,375.  The total future estimated project costs are as follows:
Item Description Amount
FY2019-20 Maintenance and Miscellaneous Expenses   $  58,999.72
Native Landscape and Maintenance Services Agreement 197,375.00
Total Maintenance Project Costs $256,374.72
Replacement of Non-Native Trees with Native Trees $  300,000.00
Conservation Easement and Endowment Estimate  700,000.00
Administrative and Legal Fees 50,000.00
Total Future Estimated Project Costs $1,050,000.00
Total Overall Estimated Project Costs $1,306,374.72
Funds expected to return to the fund balance $1,629,700.00
Grand Total $2,936,074.72
The available budget for the English Channel Mitigation project is $2,936,074.72. The funds expected to return to the fund balance is $1,629,700. There is no impact to the General Fund anticipated for this project.
The funds available for this project are as follows:
Project No. Funding Source Amount
S15009 Storm Drain Facilities Fee $1,687,992.68
S15009 SBCTA Nexus Reimbursement 1,248,082.04
  Grand Total Project Funding $ 2,936,074.72
This item has been reviewed by the Finance Director.
Maintenance Agreement
Exhibit A - Location Map

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