06-0403_CHAMBERS GROUP, INC._Action Reminder• • � 2ST- N CRC ,
,1aW1
CITY CLERK'S DEPARTMENT - ACTION REMINDER
Senior Civil Engineer
' F Christy Swanson, Secretary DATE: April 10, 2007
SITUATION:
At the April 3, 2006 the City of San Juan Capistrano entered into an agreement with The
Chambers Group for consultancy services for environmental services for the Paseo Activo
Slide Repairs
Said agreement commences on April 3, 2006.
Said agreement terminates on March 30, 2007
Said agreement extends for 30 calendar days, April 18, 2007
ACTION REQUESTED:
Please notify this office if said agreement has been extended completed.
ACTION TO BE TAKEN: e--WM*-4—y—�,.
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 03/15/07 04/10/07
Deadline Date: 03/30/07 04/18/07
cc: Kathleen Springer, Acting Public Works Director
(600.301chambers-paseoactivo)
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• CITY CLERK'S DEPARTMENT - ACTION REMINDER
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F M: Maxa=G"ev rig B��//
ATE: March 15, 2007
SITUATION:
At the April 3, 2006 the City of San Juan Capistrano entered into an agreement with The
Chambers Group for consultancy services for environmental services for the Paseo Activo
Slide Repairs
Said agreement commences on April 3, 2006.
Said agreement terminates on March 30, 2007
ACTION REQUESTED:
Please notify this office if said agreement has been extended or completed.
ACTION TO BE TAKEN: P"e41-,W7X1-Ahf0 .2"d
L�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:3� AOT
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 03/15/07
Deadline Date: 03/30/07
cc: Kathleen Springer, Acting Public Works Director
(600.301chambers-paseoactivo)
0
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2006,
by and between the City of San Juan Capistrano (hereinafter referred'to as the "City")
and CHAMBERS GROUP, INC., (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide environmental consultant services for the Paseo Activo Slide
Repairs; 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 no later than March 30, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a not to
exceed fee of Thirteen Thousand Three Hundred Dollars ($13,300) as set forth in
Exhibit "A," attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City as set forth in Exhibit "A," attached and
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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.
Notwithstanding the payment terms outlined in Exhibit "A", 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.
Section 6. Changes to Scope of Work.
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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. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
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.
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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 agrees to protect, and hold harmless City, its elected and appointed
officials and employees from any and all liabilities, expenses or damages of any nature,
including reasonable attorneys' fees, for injury or death of any person or damage to
property or interference with use of property resulting from errors and omissions
committed by Consultant arising from the negligent acts of Consultant, its agents,
employees and subcontractors in carrying out its obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it 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.
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;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
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Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one personlany one occurrencelnot 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 to the City Clerk's office 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 maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
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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
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Mike McEntee
Chambers Group, Inc.
17671 Cowan Avenue, Suite 100
Irvine, CA 92614
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.
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 Aareement.
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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.
ATTEST:
R. Monahan, City Clerk
1/APPROVED AS TO FORM:
John R. Shaw, City Attorney
VA
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
CONSULTANT
By: � N A4 !�
Chamber Grou , Inc.
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Chambers Group
Environmental Services
Biological Resources
Cultural Resources
Mr. Peter Salgado
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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March 24, 2006
(06-064A)
Subject: Proposal to Perform Additional Biological Resource Studies and Prepare/Submit
Agency Permit Application (NCCP 4d permit) for the Paseo Activo Utility
Alignment Slope Protection Project - City of San Juan Capistrano, Orange
County, California
Dear Mr. Salgado:
Chambers Group, Inc., Is pleased to submit this scope of work and cost proposal to the City of
San Juan Capistrano Public Works (SJCPW) to perform additional biological surveys• and
prepare/submit agency'permit applications for the Paseo Activo Utility Alignment Slope Protection
Project in the City of San Juan Capistrano, Orange County, California. This proposal includes a
description of the scope of work and costs for the following tasks:
➢ Focused Coastal California Gnatcatcher (CAGN) surveys pursuant to the conditions of the
Orange County Natural Community Conservation Plan (NCCP);
Focused plant survey for the crownbeard;
➢ Perform coordination with CDFG and U.S. Fish and Wildlife Service (FWS) to comply with the
NCCP guidelines [4(d) Special Rule Interim Habitat Loss Mitigation Plan) and arrange the fee
transfer.
Please note: the tasks described above have been proposed based on our most current
understanding of the referenced project. If the proposed project is modified to result in additional
impacts to biological resources, Chambers Group will coordinate with SJCPW to reevaluate the
required tasks.
SCOPE OF SERVICES
Task A — Perform Focused CAGN Surveys
Reconnaissance level surveys detected coastal sage scrub habitat within and adjacent to the
footprint of the proposed project. The USFWS require focused surveys in all NCCP areas that
contain coastal sage scrub habitats. The purpose of the surveys will be to determine the
presence/absence of California gnatcatchers and the suitability of habitat for nesting, foraging,
and dispersal. Focused surveys will be conducted at the project site using USFWS 1997 protocol
guidelines adapted for the NCCP areas. A permitted biologist will to conduct the three surveys, 7
days apart, between 0600 and 1200. The results of the surveys will be included in the revised
Biological Technical Report.
Corporate Headquarters www.chambersgrcupinc.com
17871 Cowan Avenue, Sulte 100
Irvine, CA 92614
(949) 261-5414 Certified Small Business (SBE)
Fax: (949) 261-8950 Certlged Disabled Veteran Business Enterprlse (DVBE)
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Mr. Peter Salgado
March 27, 2006
Page 2 of 3
Task B — Perform Focused Plant Surveys
Based on the literature review and reconnaissance -level survey one federal- and/or state -listed
plant species the crownbeard (Verbesina dissita), was determined to have the potential to occur
within the project area. Chambers group botanists will perform surveys when the crownbeard is
in bloom or will be conspicuous and easily recognizable (April -June). The surveys will consist of
walking the entire site and adjacent coastal sage scrub, noting all species observed and
recording GPS location Information for any sensitive species found. The results of the survey will
be included in the updated biological technical report.
Task C - Coordinate the Resource Agency Section 4(d) Permit
The existing Biological Technical Report will be updated to include the results of the focused
Coastal gnatcatcher surveys and crownbeard surveys. This information is necessary to process
the 4d permit. The USFWS and CDFG will determine compliance with the NCCP Guidelines.
The report will include recommendations to minimize impacts to biological resources through
implementation of best management practices. SJCPW will submit the report to the agencies for
their review. The agencies will respond with a concurrence letter outlining all required mitigation
measures. Chambers group will also assist in the coordination of the in4leu fee transfer. Note:
this proposal does not Include the in -lieu fees ($50,000 per acre). This scope does not include
Section 7 (Federal Endangered Species Act), Section 401/404 (Clean Water Act), or Section
1600/2080 (California Department of Fish and Game Code) permit applications or consultation.
Optional Task
Task D: Preparation of Mitigation/Restoration Monitoring Plan (Optional)
To provide sufficient offsetting mitigation to and NCCP resources, a Mitigation/Restoration
Monitoring Plan (MMP) maybe necessary If the in -lieu fee transfer is not feasible or does not fully
mitigate the effects of the proposed project. Compensatory mitigation In the form of onsite
restoration, providing fees to an offsite mitigation bank, and/or the NCCP in -lieu fee program
would be described in the MMP. The MMP will be subject to review and approval by the resource
agencies.
If an MMP Is required, it will contain specifications required for planting and maintaining the
restoration project. The restoration plan will provide the application rates of seed and the number
of cuttings or container plants of each species Included in the restoration effort. Some of the
native seed material will be from a seed mix as well as collected from suitable on-site habitat.
The MMP will include a map of the conceptual planting plan, including details and notes regarding
the spacing and/or planting techniques. The conceptual map will be drawn at a scale that will
provide enough detail to visualize what the final restoration site will look like after planting. In
addition, the plan will include provisions for replacement plantings and the frequency of
maintenance, monitoring, and reporting. The MMP will serve as a guide to determine (1) the
makeup of the revegetation effort (plant species and locations), (2) monitoring and maintenance
schedules, (3) reporting schedules, (4) criteria for determining the success and completion of the
revegetation project, and (5) contingency measures. In addition, the MMP will provide the
guidelines for preparing the detailed construction drawings for the habitat restoration project.
The MMP will describe an overview of project and state why mitigation is required. A summary of
the responsible agencies and permit requirements will be included. The MMP will evaluate site
characteristics including climate, topography, soil, existing vegetation, required avoidance,
scheduling, monitoring, fencing, signage, and salvage. A description of habitats (e.g. coastal sage
scrub and cattail wetlands) to be created or enhanced will be included. The MMP will describe
site preparation including earthworks, weed removal, decompaction, soil amendments,
mycorrhizal inoculation, planting materials and regime, provenance, sources, seeding regime and
methods (e.g broadcasting, Imprinting, or hydroseeding), containers, and cuttings. Other topics
•
Mr. Peter Salgado
March 27, 2006
Page 3 of 3
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discussed in the MMP will include maintenance, weed removal, remedial replanting, trash
removal, erosion control, and performance standards (i.e. native plant cover, non-native cover,
survival rates, and species richness).
Chambers Group will deliver one electronic copy of the Draft MMP within three weeks following
completion of the field surveys. Chambers Group will incorporate one round of comments on the
Draft MMP. Five (5) bound copies and one electronic copy of the Final MMP will be submitted to
SJCPW within 2 weeks of receipt of comments on the Draft MMP. For costing purposes, the
MMP will contain up to 25 pages of text and 4 graphics. The graphics will include a vicinity map,
a project boundary map, a conceptual planting plan, and several photographs showing the pre -
restoration conditions of the site, The additional cost for this task if required by the agencies
would be $9,500.00.
SCHEDULE
The tasks described in the scope of work will be scheduled in a master schedule following the
receipt of written Notice to Proceed. If there are any changes or unforeseen circumstances that
may change the schedule, Chambers Group will notify SJCPW immediately.
COST ESTIMATE
The cost estimate to complete the scope of work is presented below. Chambers Group is
proposing this cost on a fixed -fee basis.
Task A: Focused CAGN Surveys $4,900.00
Task B: Focused Crownbeard Surveys $2,900.00
Task C: 4(d) Permit Coordination $5,500.00
Total $13.300.00
Thank you for the opportunity to provide this proposal to the City. Mr. Mike McEntee will be the
Project Manager for this work effort. Please call me at (949) 261-5414 If you have any questions
or comments regarding this proposal.
Respectfully
INC.
Chris Blandford'
Biology Group Manager
Authorized By:
CITY OF SAN JUAN CAPISTRANO
DEPARTMENT OF PUBLIC WORKS
Signature
r � '
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Capistrano Valley News , a
newspaper that has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange, State of
California, on June 7, 1984, Case No. A-122949
in and for the City of San Juan Capistrano,
County of Orange, State of California; that the
notice, of which the annexed is a true printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
August 3, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 3, 2006
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
RECEIVED
2061 AUG IS P 3- 24 1
CITY CLERK
SAN JUAN CAPISTRANO
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NOTICE INVITING BIDS
PASEO ACTIVO UTILITY EASEMENT
SLOPE PRETECTION PROJECT
Notice is hereby given that the City of San Juan Capistrano
will receive sealed proposals or bids for PASEO ACTIVO
UTILITY EASEMENT SLOPE PROTECTION PROJECT, until
2:00 p.m. on the 15TH day of August, 2006.
A pre-bid conference is scheduled for 1:00 p.m. on August
3, 2006, in the Public Works Department.
Copies of the Plans and Specifications are on file at the City
Clerk's Office, City of San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, California, and may be ob-
tained at the non-refundable charge of $20 plus a charge of
$10 for each set of Plans and Specifications mailed.
Dated: July 19, 2006
/s/ Margaret R. Monahan
MARGARET R. MONAHAN, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
Published: Capistrano Valley News, July 27, 2006
8103365 3-137
7147963692 P.01i01
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$2.12
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92.675
(949) 493-1171
(949) 493-1053 FAX
www sanjuanCapistrano. org
April 3, 2006
Mike McEntee
Chambers Group, Inc.
17671 Cowan Avenue, Ste 100
Irvine, CA 92614
Dear Mr. McEntee:
F
� MEMBERS OF THE CITY COUNCIL
i%
SAM ALLEVATO
IA[OAIpAIRU DIANE BATHGATE
'IISAfO 1961 WYATT HART
%7 JOE SOTO
• • DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related_ to environmental
consultant services for the Paseo Activo Slide Repairs is enclosed for your records.
Thank you for maintaining documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Peter Salgado, Senior Civil Engineer (949) 443-6366.
Thank
City Clerk
cc:'---Peief Salgado, Senior Civil Engineer
Kathleen Springer, Acting Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future