06-0731_GLENN LUKOS_Agreement Amd AMENDATORY AGREEMENT
5
This Amendatory Agreement is made this ay of March, 2008, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Glenn
Lukos Associates, hereinafter referred to as "CONSULTANT".
Whereas, CITY and CONSULTANT entered into an agreement dated June 7,
2007. To retain services of Consultant regarding the City's proposal to prepare a
Wetland Delineation pursuant to U.S. Army Corps of Engineers "Wetland Delineation
Manual" and an Environmental Assessment pursuant to the California Environmental
Quality Act, for Capital Improvement Project 122, Del Obispo Bridge Widening and
Circulation Improvements.
Whereas, CITY and CONSULTANT have not yet completed the services
because the project design requires that the County of Orange complete a hydrological
analysis of Trabuco Creek and the County of Orange has not yet completed that work,
and the CITY and CONSULTANT hereby desire to extend the term of the agreement to
December 31, 2009.
NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as
follows:
Section 1. Section 2. (Term) is hereby amended to read as follows:
"This agreement shall commence on the effective date of this Agreement
and services required hereunder shall be completed by no later than
December 31, 2009."
Section 2. All other terms and conditions of said agreements shall remain in
full force and effect.
CITY OFF SAN'JUAN, CpAPISTRANO
By: �t 1� ..N l vv
Dave Adams, City Manager
GLENN LUKOS PrES
By:
ATTE T:
Mar ar . Monahan, City Clerk
APPROVED AS TO ORM:
mar Sa oval, City Attorne
AMENDATORY AGREEMENT
This Amendatory Agreement is made this -2;�- day of June, 2007, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Glenn
Lukos Associates, hereinafter referred to as "CONSULTANT".
Whereas, CITY and CONSULTANT entered into an agreement dated July 31,
2006. To retain services of Consultant regarding the City's proposal to prepare a
Wetland Delineation pursuant to U.S. Army Corps of Engineers "Wetland Delineation
Manual" and an Environmental Assessment pursuant to the California Environmental
Quality Act, for Capital Improvement Project 122, Del Obispo Bridge Widening and
Circulation Improvements.
Whereas, CITY and CONSULTANT has not yet completed the services, and the
CITY and CONSULTANT hereby desire to extend the term of the agreement to
December 31, 2007.
NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as
follows:
Section 1. Section 2. (Term) is hereby amended to read as follows:
"This agreement shall commence on the effective date of this Agreement
and services required hereunder shall be completed by no later than
December 31, 2007."
Section 2. All other terms and conditions of said agreements shall remain in
full force and effect.
CITY OcF�SAN
� JUAN CAPISTRANO
By: o,�.�,- GAAt,� .
Dave Adams, City Manager
GLENN
/LUKOS ASSOCIATES
By:
AT
JJJ
Ma . Mon j)ai Cle
APPROVED TO FORM:
John . Shaw, City Attorney
SD
7 5Z, of
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1
J1gt day of July, 2006, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Glenn
Lukos Associates (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to Prepare a Wetland
Delineation pursuant to the U.S. Army Corps of Engineers "Wetland Delineation Manual'
and an Environmental Assessment pursuant to the California Environmental Quality Act,
for Capital Improvement Project 122, Del Obispo Bridge Widening and Circulation
Improvements; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than June 30, 2007, provided
CITY and the project applicant provide timely information and responses to draft work in a
timely manner.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
eleven thousand, six-hundred and seventy dollars and no cents ($11,670.00), as set forth
in Exhibit "B," attached hereto and incorporated herein by reference.
AUG 0 7 2006
SIC)
PLANNw, Lr�f.
0 0
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"C," attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement-GLA 2 of 7 July 2006
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement 3 of 7 July 2006
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant shall indemnify, hold harmless, and defend the City, its Council, officers,
agents and employees from and against any and all claims and losses, costs or expenses,
including but not limited to any damage due to death or injury to any person and/or injury or
damage to any property resulting from any act or omission of Consultant or any of its
officers, employees, servants, agents, or subcontractors in the performance of this
Agreement. Such cost and expense shall include reasonable attorney fees.
Notwithstanding any other provision of this section 13, and as a separate and
independent covenant and obligation, Consultant shall indemnify and hold harmless, but
not defend City, its Council, officers, agents and employees from and against any damage,
liability, loss, cost or expense, which arise out of claim, court action, or administrative
proceeding challenging City approval of the project for which Consultant is preparing the
environmental documents, if it is determined by a court action having jurisdiction that
Consultant or any of its agents, employees, or subcontractors negligently performed its
services under this agreement. Consultant=s obligation to indemnify the City shall include
reasonable attorney fees and costs.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A-Class VII or
better; or, by Non-admitted, Authorized Insurers approved by the City.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement 4 of 7 July 2006
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage on all owned; or, hired and non-
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall not be required to
maintain Errors and Omissions Coverage.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be canceled, nor
the coverages reduced, until after thirty(30) days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement 5 of 7 July 2006
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
Attn: Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: Glenn C. Lukos, President
Glenn Lukos Associates
29 Orchard
Lake Forest, CA 92630-8300
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement 6 of 7 July 2006
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
Glenn Lukos Associates
By: �^ 1
Tony Bc6hkariip on Behalf f
Glenn C. Lukos, President
ATTEST: (� —
M rg ret Monahan, City Clerk
A OVED AS TO FORM:
John R. Shaw, (Jify Attorney
Exhibits: Exhibit A, Scope of Work.
Exhibit B, Payment for Services.
Exhibit C, Rate Schedule.
CIP 122, Del Obispo Bridge Widening
Personal Services Agreement 7 of 7 July 2006
•Ex���IT "AN •
SCAMNED
GLENN LUKOS ASSOCIATES
Regulatory Services '
Mill'"
May 25,2006
[Revised May 31, 2006]
Mr. William Ramsey
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,California 92675
SUBJECT: . Revised Proposal to Provide a Biological Assessment and Regulatory Support
Services for Del Obispo Bridge Improvements at Trabuco Creek in San Juan
Capistrano,Orange County, California.
Dear Mr.Ramsey:
Glenn Lukos Associates,Inc. (GLA)is pleased to submit this revised proposal to perform a
biological assessment of the subject project site. The biological overview consists of a liter,ture
review using the California Natural Diversity Database(CNDDB) and a site review ofpotertial
habitat for sensitive species. The fieldwork will include the Trabuco Creek and the surrounding
upland areas within 500 feet of the existing bridge. Also proposed herein is a program designed to
delineate jurisdiction of(1)the U.S. Army Corps of Engineers(Corps)pursuant to Section 404 of
the Clean Water Act,(2)the California Department of Fish and Game(CDFG)pursuant to F action
1602 of the California Fish and Game Code,and(3)the California Water Quality Control Board
(Regional Board)pursuant to Section 401 of the Clean Water Act.
PERSONNEL
Mr. Glenn C. Lukos will lead a staff of carefully selected environmental professionals in
conducting the work proposed in the attached scope. Mr. Lukos has over 20 years of experience in
the regulatory field, four of which were spent managing the regulatory program for the U.S.Army
Corps of Engineers in Southern California and Arizona. His principal focus at the Corps was
supervision of the Section 10 and 404 programs for this region, including permit processing,
jurisdictional determination,policy formulation, and preparation of Environmental Assessm-nts
and Environmental Impact Statements.
Mr.Tony Bomkamp will lead a staff of carefully selected environmental professionals in
conducting the work proposed in the attached scope. Mr. Bomkamp is a field biologist,wet.'ands
ecologist,and regulatory specialist with an extensive background in environmental studies. As a
botanist,Mr. Bomkamp has diverse field experience extending back over 20 years in all of the
major vegetation communities in Southern California. He is a recognized expert in the Southem
29 Orchard ■ Lake Forest ■ California 92630-8300
Telephone: (949) 837-0404 Facsimile: (949) 837-5834
William Ramsey
City of San Juan Capistrano
May 25,2006
[Revised May 31, 2006]
Page 2
California flora and serves as part-time faculty at California State University,Fullerton, for the
graduate Environmental Studies Program,teaching courses on wetlands and endangered hat 4tats.
COST
The proposed fee for performance of the attached scope of work, is$11,670 including direct costs,
but not including meetings or other tasks not specifically addressed in the scope of work.
MATERIALS NEEDED FROM THE CLIENT
Prior to the start of work,GLA will need the following materials:
I. A recent color aerial photograph of the site at a scale of not less than 200 fee`to the
inch. Preferably,we would like to have the aerial photograph as a geo-referenced
and ortho-rectified digital file(TIFF format). [If a recent aerial photograph i,not
readily available,we can obtain a digital file for a color photograph from a
commercial photo bank for an additional direct cost of approximately$750.]
2. A digital file of the base topographic map of the project area(DWG format).
3. A digital file of the plan view of the proposed grading as an overlay to the existing
topo(DWG format).
As discussed in our phone conversation,work will begin in July following authorization to proceed.
Providing this proposal is acceptable,please so indicate by signing the attached Authorization for
Professional Services and returning it to GLA. Your signature will constitute agreement to the
tens set forth therein and will represent formal authorization to proceed.
Should you have any questions regarding this proposal please call me at(949) 837-0404.
Sincerely,
GLENN LUKOS A SO INC.
Glenn C. Lukos
President
s:0752-1c.pro.doc
IC
SCOPE OF WORK
BIOLOGICAL ASSESSMENT AND JURISDICTIONAL DELINEATION FOR
DEL OBISPO BRIDGE IMPROVEMENTS OVER TRABUCO CREEK
SAN JUAN CAPISTRANO,ORANGE COUNTY,CALIFORNIA
Existing maps,documents and correspondence relative to the proposed project will be reviewed
and analyzed. New information requirements will be identified and strategies for acquiring this
information will be determined.
A field team of regulatory specialists will delineate Corps jurisdictional boundaries within the
project site. The field team will investigate specific conditions relating to jurisdictional criteria
such as evidence of ordinary high water marks, wetland vegetation indicator species,hydric soils,
and appropriate hydrology,all as outlined in the 1987 U.S. Army Corps of Engineers Wetland
Delineation Manual (1987 Manual). These data will be recorded on the aerial photograph for use in
preparing jurisdictional maps and a lettenreport. Potential for on site mitigation will also be noted.
The methodology set forth in the 1987 Manual generally requires that, in order to be considered a
wetland,the vegetation, soils,and hydrology of an area exhibit at least minimal hydric
characteristics. While the manual provides great detail in methodology and allows for varyi-g
special conditions,a wetland should normally meet the following three criteria:
• more than 50 percent of the dominant plant species at the site must be typical of wetlands(i.e.,
rated as facultative or wetter in the National List of Plant Species that Occur in Wetlands');
• soils must exhibit physical and/or chemical characteristics indicative of permanent or pe-iodic
saturation(e.g.,a gleyed color,or mottles with a matrix of low chroma indicating a relat=vely
consistent fluctuation between aerobic and anaerobic conditions); and
• hydrologic characteristics must indicate that the ground is saturated to within 12 inches of the
surface for at least five percent of the growing season.
A field team of regulatory specialists will delineate CDFG jurisdictional boundaries within the
project site. All intermittent and ephemeral streams,rivers,creeks, dry washes, sloughs,blu-t-line
streams, and watercourses with subsurface flows, canals,aqueducts,irrigation ditches, and wher
means of water conveyance,and lakes will be examined for indicators of CDFG jurisdiction. These
indicators include biologic components of aquatic systems(such as riparian vegetation)and
physical features(such as a bed or channel,banks,levees,in-stream features such as logs or snags,
and flood plains). Measurements of this jurisdiction will be taken at periodic intervals along the
drainage and mapped onto a 200-scale topographic map. Isolated wetlands(such as vernal Fools)
are generally not considered to be within CDFG jurisdiction.
The California Natural Diversity Data Base will be consulted to determine whether any sens°tive
species and/or communities are known to occur on or near the property. Any sensitive biolo-ical
'Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands. U.S. Fish and
Wildlife Service Biological Report 88(26.10).
resources identified for the site or its near vicinity will be evaluated for their potential to occur on
site and will be discussed in the final letter report.
A biologist will conduct a site reconnaissance of the property to determine whether any senFitive
species and/or communities are likely to occur on site. If any sensitive species or potential I abitat
for such species or sensitive communities are identified on site, their presence will be noted and
locations will be provided on a site map. This scope does not include focused surveys for sensitive
species.
A regulatory specialist will prepare a letter report to document the findings concerning biological
resources,Corps and CDFG jurisdiction on the site. The report will document the results of the
CNDDB review,soil map review, and site survey. Any sensitive species and/or communities
identified on site or with the potential to occur on the property will be discussed. The report will
also document the extent of jurisdiction, assess wetland-related biological resources, and discuss
permitting strategies. Documentation will consist of(1) field data sheets(as an appendix),(2)color
photographs of representative jurisdictional areas(and non jurisdictional areas that could be
mistaken for jurisdiction), (3) a topographic map(at the scale provided by the client,but not less
than 200-scale)of the limits of jurisdictional areas (the map will show all points at which
measurements were made and soil pits examined), and, if applicable,(4) a table showing the area of
Corps and CDFG jurisdiction for each drainage and tributary. If necessary, a site map depic'ing the
locations of sensitive species and/or communities will be provided.
DIRECT EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CLIENT's project,including,
but not limited to,necessary transportation costs including mileage by automobile at the cu-rent
rate allowed by IRS,meals and lodging,laboratory tests and analyses,retention and management of
technical consultants,printing,and binding charges. Reimbursement for these expenses shall be on
the basis of actual charges when furnished by GLA. An administrative charge of 15%shall be
applied to all direct expense charges and is included in the budget below.
TOTAL COSTS
TOTAL $11,670
AUTHORIZATION FOR PROFESSIONAL SERVICES
REVISED
GLENN LLIKOS ASSOCIATES
Regulatory Services
Date: May 31,2006 Project Number:0752-000 1 delo
Project Name: Revised-Biological Assessment and Regulatory Support Services for Del Obispo Bridge
Improvements at Trabuco Creek in San Juan Capistrano,Orange County
Client: City of San Juan Capistrano
Address: 32400 Paseo Adelanto,San Juan Capistrano,California 92675
hereby requests and authorizes GLA to perform the following services:
SCOPE OF SERVICES
See proposal letter dated May 31,2006.
SCHEDULE
To begin in July following authorization to proceed.
COMPENSATION
The proposed fee is$11,670 including direct costs,but not including meetings or other tasks not specifically addressed
in the scope of work. Payment ofa retainer in the amount of$**shall seFye as autherizatien to preeeed. This
amount will be applied to thevv...of Ya vjev.ara.a.aYaa.,a¢aa and will be uv.auvwu uv¢a the c¢a¢ly
MISCELLANEOUS
The services covered under this agreement are subject to federal agency involvement beyond the control of GLA.
The proposed fee reflected in this agreement is based on our best estimates,as of this date,of the nature and results
of this agency involvement. Should agency actions during the life of this agreement require readjustment of the fee,
the client will be advised and a new fee will be mutually agreed upon.
Services covered by this authorization shall be performed in accordance with STANDARD PROVISIONS stated
herein. --
Approved for CLIENT Accepted for GLA (_
By By
Name Name Glenn Lukos
Title Title President
Date Date Ma
v 31.2006
s:0752-Ic.con.doc
29 Orchard ■ Lake Forest ■ Colifornla 92630-8300
Telephone: (949) 837-0404 Facsimile: (949) 837-5834
STANDARD PROVISIONS
1. Authorization to Proceed 4. Termination
Signing this form shall be construed as authorization Either CLIENT or GLA may terminate this
by CLIENT for GLA to proceed with the work, authorization by giving 30 days written notice to the
unless otherwise provided for in the authorization. other party. In such event,CLIENT shall pry GLA
in full for all work previously authorized and
2. Direct Expenses performed prior to effective date of termination.
Such payment shall be made within two weeks unless
GLA's direct expenses shall be those costs incurred otherwise agreed. If no notice of termination is
directly for the CLIENT's project,including,but not given,relationships and obligations created by this
limited to,necessary transportation costs including authorization shall be terminated upon comFletion of
mileage by automobile at the maximum rate allowed all applicable requirements of this authorization.
by IRS,meals and lodging,laboratory tests and
analyses,computer services,retention and 5. Legal Expenses
management of technical consultants,telephone,
printing,and binding charges. Reimbursement for In the event legal action is brought by CLIEI'T or
these expenses shall be on the basis of actual charges GLA against the other to enforce any of the
when furnished by GLA. An administrative charge obligations hereunder or arising out of any dispute
of 15%shall be applied to all direct expense charges. concerning the terms and conditions hereby created,
the losing party shall pay the prevailing parr,such
3. Professional Standards reasonable amounts for fees,costs and experaes as
may be set by the court.
GLA shall be responsible,to the level of competency
presently maintained by other practicing' 6. Payment to GLA
environmental consultants in the same type of work
in CLIENT's community,for the professional and Monthly invoices will be issued by GLA for all work
technical soundness,accuracy,and adequacy of all performed under the terms of this agreement.
work and materials furnished under this Invoices are due and payable upon receipt. Finance
authorization. GLA makes no other warranty, charges,computed by a"Periodic Rate"of 1-1/2%
expressed or implied. per month(applied to the previous month's 1 alance
after deducting payments and credits for the current
month),will be charged on all past-due amounts
unless otherwise provided by law or by contract.
EXHIBIT B, PAYMENT FOR SERVICES
Del Obispo Bridge Widening
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to
this agreement shall not exceed $11,670. This fee shall include all costs incurred by the
CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses
necessary to complete all work specified in the "Scope of Work" (Exhibit "A").
Section ll. Consultant Payment Schedule:
The City agrees to make progress payments to the CONSULTANT according to the following
schedule and within thirty(30)days of the submission of invoices for authorized work completed by
the consultant:
1. Not more than ten percent (10%) monthly, up to a maximum of fifty percent (50%)
cumulative of the total contract amount, shall be paid during preparation of the draft
technical report.
2. Not more than seventy-five percent (75%) cumulative of the total contract amount shall be
paid at submission of the draft technical report.
3. One-hundred percent(100%)cumulative of the total contract amount shall be authorized for
payment at the time the City accepts and approves the final technical report as
consistent with the approved scope of work (Exhibit A).
CITY CLERK'S DEPARTMENT-ACTION REMINDER
, ,S
TO: Bill Ramsey, Principal Planner 2SECOND REQU120 C7g
FROM: Christy Swanson, Sxr�r .t�)rrl o ` 4x= - DATE: 1 December 1, 2007
SITUATION:
On July 31, 2006, the City of San Juan Capistrano entered into a Professional Services
Agreement with Glenn Lukos Associates to provide Environmental Assessment for the Del
Obispo Widening.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2007.
On June 7, 2007, said agreement extended to December 31, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
(�� Eg Ayc-. 4tz't.Azz. l6`
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
44 4VIM A4
SIGNATURE OF OFFICIAL TAKING ACTION: �'i1'Si��'
DATE SIGNED: ti ' 2�✓"
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/07 12/01/07
Deadline Date: 06/30/07 12/30/07
(600.30/glennlukos)
\ ty 42. 34 •°`� ' `���
0 0
CITY CLERK'S DEPARTMENT-ACTION REMINDER f l Yzs r oc-'1i cl
TO: Bill Ramsey, Principal Planner
FROM: Christy Swanson, Secretary DATE: June 1, 2007
SITUATION:
On July 31, 2006, the City of San Juan Capistrano entered into a Professional Services
Agreement with Glenn Lukos Associates to provide Environmental Assessment for the Del
Obispo Widening.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: Vk` t4-10 A L� TO Vt-&, �l 1 ?00-7
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Y7j�fa�i Si l/�i :720l 2667
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: SUS' 6 `��
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/07
Deadline Date: 06/30/07
(600.30/glennlukos)
32400 PASEO AOELANTO ,i MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675 SAM ALLEVATO
(949) 493-1171 SIR I
(949) 493-1053 FAX • I 196) THOMAS W.HRIBAR
fSllRlllEl MARK NEILSON
www.sanjuancapistrano.org 1776 Joe sono
Is DR.LONDRES USO
TRANSMITTAL
TO: March 21, 2008
Glenn Lukos Associates
29 Orchard
Lake Forest, CA 92630
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Amendatory Agreement—Wetland Delineation
Enclosed:
(1) original executed agreement as noted.
PLEASE BE AWARE
INSURANCE DOCUMENT WE HAVE ON FILE EXPIRE ON MARCH 31, 2008:
WORKERS COMP
GENERAL LIABLITY
GENERAL LIABLITY ENDORSEMENT FORM
If current insurance documents are not on file with the City Clerk's office, payments for work
will be withheld until received. Call Maria Morris, Deputy City Clerk (949) 443-6309 for more
information.
Please Contact Bill Ramsey, Principal Planner (949) 443-6334 with questions related to the
agreement.
CC: Bill Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
C14 Printetl on 100% n:cyGetl paper
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32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 i
TO
(949)493-1171 ,t, SAM W.
HR
m[oAIOARIEG THOMAASS WW.
(949)493-1053 FAX L1 IBAR
VVV fSleluSXfo �96� MARK NIELSEN
www,sanjuancapistrano.org 1776 JOE SOTO
• • DR.LONDRES USO
TRANSMITTAL
TO:
Glenn Lukos Associates
29 Orchard
Lake Forest, CA 92630
DATE: June 27, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Amendatory Agreement— Del Obispo Bridge Widening & Circulation Improvements
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6309.
If you have questions concerning the agreement, please contact William Ramsey, Principal
Planner (949) 443-6334.
An original amendatory agreement is enclosed for your records.
Cc: William Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
GJ arWea 1oo i retic oletl oaoPr
32400 PASEO ADELAN70 i MEMBERS OF THE CIT'COUNCIL
SAN JUAN CAPISTRANO,CA 92675 i SAM
LEVATO
a f�
(949)4931171 m[OAIeAaDIANE BATHG
ATE
(949)4931053 FX
Dianuam I 1961 WYATT HART
www.sanjuancapistrano.org 1776 JOESOTO
•
DAVID M.SWERDLIN
TRANSMITTAL
TO:
Glenn C. Lukos, President
Glenn Lukos Associates
29 Orchard
Lake Forest, CA 92630
DATE: September 1, 2006
FROM: Maria Guevara, Deputy City Clerk (949) 443-6309
RE: Del Obispo Bridge Widening & Circulation Improvements
Thank you for forwarding documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6309.
If you have questions concerning the agreement, please contact the project manager, Bill
Ramsey, Principal Planner (949) 443-6334.
An original, executed agreement is enclosed for your records.
Cc: Bill Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
CrJ Printed on 100%Recycled Paper
1 IJL�
32400 PASEO ADELANTO �� MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO
(949)493-1171 mlapvalalto
DIANE BATHGATE
(949)493-1053 FAX
J P VVV 151717610 1961 O A OTOaT
wwmsan uanca istrano.org
•� • DAVID M.SWERDLIN
August 10, 2006
Glenn C. Lukos, President
Glenn Lukos Associates y�
29 Orchard
Lake Forest, CA 92630-8300 \VD
Dear Mr. Lukos:
A Personal Services Agreement related to preparation of a wetland delineation, related
to CIP No. 122, Del Obispo Bridge Widening & Circulation Improvements is in the
process of being executed. It will be issued upon receipt of required documentation
related to contract terms under Section 14. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, Bill
Ramsey, Principal Planner (949) 443-6334. Please call Maria Guevara, Deputy City
Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed.
Thank you,
^
V V
Meg M na n, MMC
City erk
cc: Bill Ramsey, Principal Planner
Molly Bogh, Planning Director
San Juan Capistrano: Preserving the Past to Enhanee the Future