FIRST AMENDMENT TO SERVICES AGREEMENT RIVERSIDE-CORONA RESOURCE
CONSERVATION DISTRICT
Habitat Mitigation Services for the Jurupa Avenue Extension This FIRST AMENDMENT TO SERVICES AGREEMENT ("First Amendment") is made and entered into this 20th day of September, 2024, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and RIVERSIDE- CORONA RESOURCE CONSERVATION DISTRICT, a special district ("Contractor").
RECITALS
WHEREAS, on September 23, 2015, City and Contractor entered into a Services Agreement for Services for Habitat Mitigation Services for the Jurupa Avenue Extension ("Agreement"); and WHEREAS, the Agreement was for a five (5) year term beginning September 23, 2015, and ending September 23, 2020; and
WHEREAS, external conditions prevented the parties from proceeding, and the parties are now in a position to proceed; and
WHEREAS, City and Contractor desire to extend the Agreement for an additional five year term to begin July 1, 2024, and to end June 30, 2029, and increase Compensation for a total contract price of Three Million Seven Hundred Fifty-Eight Thousand Sixteen Dollars and Eight Cents ($3,758,016.08), for all three phases of work: Phase 1, one hundred twenty (120)-day installation; Phase 2, five (5)-year maintenance and monitoring; and Phase 3, long-term preservation.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this reference, City and Contractor agree as follows:
1. The term of the Agreement is hereby extended by five years, through June 30, 2029.
2. Paragraph 3, Compensation, is hereby amended to increase Compensation for a total contract price of Three Million Seven Hundred Fifty-Eight Thousand Sixteen Dollars and Eight Cents ($3,758,016.08), for all three phases of work. City shall make payments to Contractor according to the amounts and schedule stated below; timely receipt of payment shall be a condition precedent to Contractor's performance obligations for each phase of work.
a. Payment for Phase 1 ($1,095,884.86) shall be made in full not later than September 1, 2024. b. Payment for Phase 2 ($1,236,364.02) shall be made in annual installments over the five (5)- year period, as follows:
1. Year 1 (February 1, 2025): 30% $370,909.21,
ii. Year 2 (February 1, 2026): 25% $309,091.01,
iii. Year 3 (February 1, 2027): 15% $185,454.60,
iv. Year 4 (February 1, 2028): 15% $185,454.60, and
V. Year 5 (February 1, 2029): 15% $185,454.60.
C. Payment for Phase 3 ($1, 425,767.20), to fund the non-wasting endowment, shall be made in full within fourteen (14) days of the effective date of this First Amendment.
3. Paragraph 21, Termination, is hereby amended and restated as follows:
Termination.
(a) If either party determines that the other party is not performing any of its obligations and is in breach of the Agreement, as amended, then the non-breaching party shall give written notice to the breaching party of such breach and demand in writing the cure of such breach ("Notice of Breach"). If the breaching party refuses to cure the breach within thirty (30) days after receipt of a Notice of Breach, or if the cure reasonably requires more than thirty (30) days to complete and the breaching party fails to begin the cure within thirty (30) days or fails to continue diligently to complete the cure, the non-breaching party may cure the breach and seek any and all remedies provided in law or equity for the recovery of any costs or damages incurred. (b) | Should the breaching party fail to timely cure or commence cure as in 3(a), the non- breaching party may elect to terminate the Agreement by sending 180 days' notice thereof to the breaching party. Upon receipt of notice of termination, the breaching party shall take reasonable and feasible steps to minimize incurring additional cost, loss, or expenditure associated with its performance under the Agreement, as amended. Contractor shall also be responsible to return payments received but not yet spent in its performance under the Agreement, less reasonable administrative and legal costs incurred by Contractor to effectuate the termination. Notwithstanding anything to the contrary contained herein, this Agreement shall not be terminated, except in connection with a concurrent termination of, and pursuant to the provisions of, the Conservation Easement.
4. Exhibit "C" of the Agreement is amended and replaced in its entirety with Exhibit "C-1," attached hereto and incorporated herein by this reference.
5. All terms and conditions of the original Agreement not inconsistent with this First Amendment shall remain in full force and effect and are incorporated herein by this reference as though set forth in full.
IN WITNESS WHEREOF, City and Contractor have caused this First Amendment to Services Agreement to be duly executed on the day and year first above written.
CITY OF RIVERSIDE, RIVERSIDE-CORONA RESOURCE
a California charter city and municipal CONSERVATION DISTRICT, a special corporation district
By:_ By:_
City Manager Print Name: Carl Pongs
Title: President
ATTESTED TO: and
By. Shilli Samb
By:
City Clerk Print Name: Shelli Lamb
Title: District Manager
CERTIFIED AS TO AVAILABILITY OF FUNDS:
By:
Chief FinanciabOfficer
APPROVED AS TO FORM:
By: Swan weara
Deputy City Attorney
EXHIBIT "C-1"
COMPENSATION
RIVERSIDE-CORONA RESOURCE CONSERVATION DISTRICT
Jurupa Ave. Extension - Hole Creek Conservation Area - January 16, 2024-RCRED 2024
Proposed
PROPOSED INSTALL and 120 DAV (8 Ac) RESTORATION BUDGET:
1. Fencing - Sucker Habitat Only Three-Wire w/Tee posts $8.00/ft x 975ft $7,800.00
2. Signage** $0.00
3. Trash Removal Bins** $0.00
4. Trash Removal Labor- Crew of 4** $0.00
5. Exotic Plant Removal (initial) (subcontractor) $89,135.10 $473,307.38
5.a Additional exotic Plant Removal
(initial) (subcon.) 2.69 acres $89,135.10 $239,773.42
6. Plants (based on HMMP) $7.50/plant x 870 $6,525.00
7. Plant installation $15.50/plant x 870 $13,485.00
8. Seeds and Install $100/pound x 40 $4,000.00
9. Hydroseeding and Tackifier $1,800/ac x 2.5 $0.00
10.a Irrigation within CE (drip to plants) $7,062k/ac x5.31 $37,500.00
10.b Irrigation Mainline (work after backflow in CE) $25,000.00
11. Water Meter and Install* (City will provide) $0.00
12. Water Use (120 days)** $0.00
13. Legal, Insurance, Audit $6,325.00
14. Biological Monitoring of Aquatics One survey, one crew $1,200.00
15. Monitoring & Reporting (120 days) $15,300.00
Sub-total $830,215.80
Contingency of 10% $83,021.58
Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 1
Sub-total $913,237.38
Administration of 20% $182,647.48
TOTAL FOR RESTORATION $1,095,884.86
*City will provide one - 2" stub out for water service on South side of Jurupa Ave and west side of creek ** City to provide items 2,3,4, 11 and 12
City will Cover the Following:
•
1. Water Meter & Install
2. Backflow install & yearly inspections
3. Water for mitigation to meet success criteria
4. Replace irrigation from unhoused camp and other vandalism
5. Hazardous waste removal from site
6. Water Quality Testing for E coli &
hepatitis A
7. Initial fencing install design that prevents access and ongoing fence maintenance/repair.
8. Initial Unhoused Camp Removal
9. Ongoing Unhoused Camp Removal
10. Trash Bins and ongoing major trash removal
11. Sign install and Replacement
12. Unlawful entry
Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 2
RIVERSIDE-CORONA RESOURCE CONSERVATION DISTRICT
Jurupa Ave. Extension - Hole Greek Conservation Area - January 16, 2024- RGRCD 2024
Proposed
PROPOSED FIVE YEAR MAINTENANCE & MONITORING BUDGET (8 Ac):
1. Fencing Repair* wrought iron $0.00
2. Sign Replacement* $0.00
3. Trash Removal Dumpster (once/yr.)* $0.00
4. Trash Removal Labor - Crew of 4* $0.00
5.a Exotics Control (herbicides and apps.) 167,223 x 5 years $836,115.00 (subcontractor)
5.b Additional Exotic Control (Herbicides app.) 2.69 acres $84,713.45
6. Mortality Plant Replacement $7.50/plant × 100 $750.00
7. Mortality Plant Installation $16/plant × 100 $1,600.00
8. Seeds for Supplemental Hand Seeding $0.00
9. Irrigation Repair $8.970yr. × 3yrs. $26,910.00
10. Water Use on Upland Area of 2.5 ac.* $0.00
11. Lega Insurance,Audit 5yrs $9,200.00
12. Monitoring & Reporting (4.6 yrs.) 500@$125 $62,500.00 (veg. transects/photo documentation/quarterly reports/reports to regulatory agencies, etc.) Sub-total $1,021,788.45
Contingency of 10% $102,178.84
Sub-total $1,123,967.29
Administration of 10% $112,396.73
TOTAL FOR 5-YEAR MAINTENANCE and MONITORING $1,236,364.02 Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 1
*Costs based on the City of Riverside providing all fencing repair, sign replacement, trash removal, and continuous water costs.
City will Cover the Following:
1. Water Meter & Install
2. Backflow install & yearly inspections
3. Water for mitigation to meet success criteria
4. Replace irrigation from unhoused camp and other vandalism
5. Hazardous waste removal from site
6. Water Quality Testing for E coli & hepatitis A
7. Initial fencing install design that prevents access and ongoing fence maintenance/repair.
8. Initial Unhoused Camp Removal
9. Ongoing Unhoused Camp Removal
10. Trash Bins and ongoing major trash removal
11. Sign install and Replacement
12. Unlawful entry
Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 2
RIVERSIDE-CORONA RESOURCE CONSERVATION DISTRICT
Jurupa Ave. Extension - Hole Creek Conservation Area - January 16, 2024 - RCRCD 2024 Proposed
PROPOSED PRESERVATION MGMT BUDGET (8 Ac):
1. Fencing | Three-Wire w/Tee posts $10ft x 50ft $500.00
2. Signage Replacement* $0.00
3. Trash Removal Dumpster* $0.00
4. Trash Removal Labor - Crew of 4* $0.00
5.a Exotic Plant Control on 5.31 acres $10,500.00
5.b Additional Exotic Plant Control on 2.69 acres $7,400.00
6. Legal, Insurance, Audit $2,500.00
7. Monitoring, Reporting, Mileage $7,200.00
8. Biological Monitoring for fish and nesting birds $3,360.00 Sub-total $31,460.00
Contingency of 10% $3,146.00
Sub-total $34,606.00
Administration of 20% $6,921.20
Subtotal $41,527.20
3% COLA $1,245.82
ANNUAL TOTAL REQUIRED FOR LONG-TERM PRESERVATION $42,773.02 Rate of Return 3%
Endowment $1,425,767.20
Non-wasting endowment of $1,425,767.20@ 3% = $42,773.02 to cover annual costs in perpetuity City will Cover the Following:
Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 1
1. Water Meter & Install
2. Backflow install & yearly inspections
3. Water for mitigation to meet success criteria
4. Replace irrigation from unhoused camp and other vandalism
5. Hazardous waste removal from site
6. Water Quality Testing for E coli & hepatitis A
7. Initial fencing install design that prevents access and ongoing fence maintenance/repair.
8. Initial Unhoused Camp Removal
9. Ongoing Unhoused Camp Removal
10. Trash Bins and ongoing major trash removal
11. Sign install and Replacement
12. Unlawful entry
Hole Creek (Jurupa Ave) Costs - 01-16-2024 page 2