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08-0321_GLEN LUKOS ASSOCIATES_Agreement Amd0 • AMENDATORY AGREEMEN� This Amendatory Agreement is made this day 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 OF SAN JUAN CAPISTRANO By: Qpll N&I.-I Dave Adams, City Manager �,,,, . �l�s l AMENDATORY AGREEMENT This Amendatory Agreement is made this ,?,fid 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 OF SAN JUAN CAPISTRANO By:QAAN� Dave Adams, City Manager GLENN LUKOS ASSOCIATES By. AT U Ma . Mon )a)�,'Ci Cle APPROVED TO FORM: John .Shaw, City Attorney SD PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ?J(5j� 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. REC_EJ °��r, AUG 0 7 2006 S® PLAP ail%i= P 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. Chanaes 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 furtherwork 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 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 Cancel lation/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 0 0 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 By: Q9.-� Ci(.Wy Dave Adams, City Manager Glenn Lukos Associates By: �^ I Tony B kamp on Behalf bf Glenn C. Lukos, President ATTEST: han, City Clerk AS TO FORM: qz2,--� John R. Shaw, Cify 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 Nlt!21-( "AN SCAMNED GLENN LUKOS ASSOCIATES Regulatory Services May 25, 2006 [Revised May 31, 2006] Mr. William Ramsey City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 V7� SUBJECT: . Revised Proposal to Provide a Biological Assessment and Regulatory Suppo-t 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 liteature review using the California Natural Diversity Database (CNDDB) and a site review of potertial 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 Faction 1602 of the California Fish and Game Code, and (3) the California Water Quality Control B,rard (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 Assessments 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 Sout rern 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 ;tats. 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 terns 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 ASSSO INC. Glenn C. Lukos President s:0752-1c.pro.doc 1C 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 relafvely 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, blue -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 servitive 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 I S% shall be applied to all direct expense charges and is included in the budget below. 1 TOTAL COSTS TOTAL 1 $11,670 AUTHORIZATION FOR PROFESSIONAL REVISED GLENN LUKOS ASSOCIATES Regulatory Services Date: May 31, 2006 Project Number: 0752-0001delo 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 $11,670 including direct costs, but not including meetings or other tasks not specifically addressed in the scope of work. Payrnesstefa retaifterin the ametint of$** shall serve as authorization tapreeeed. This 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 sated herein. - Approved for CLIENT Accepted for GLA (_ / By By Name Title s:0752-1c.con.doc 29 Orchard ■ Lake Forest Telephone: (949) 837-0404 Name Glenn Lukos Title President Date May 3L_2006 California 92630-8300 Facsimile: (949) 837-5834 STANDARD PROVISIONS 1. Authorization to Proceed Signing this form shall be construed as authorization by CLIENT for GLA to proceed with the work, unless otherwise provided for in the authorization. 2. 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 maximum rate allowed by IRS, meals and lodging, laboratory tests and analyses, computer services, retention and management of technical consultants, telephone, 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. 3. Professional Standards GLA shall be responsible, to the level of competency presently maintained by other practicing environmental consultants in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all work and materials furnished under this authorization. GLA makes no other warranty, expressed or implied. 4. Termination Either CLIENT or GLA may terminate this authorization by giving 30 days written notice to the other party. In such event, CLIENT shall pry GLA in full for all work previously authorized and performed prior to effective date of termination. Such payment shall be made within two weeks unless otherwise agreed. If no notice of terminatio-[ is given, relationships and obligations created by this authorization shall be terminated upon comFletion of all applicable requirements of this authorization. 5. Legal Expenses In the event legal action is brought by CLIEPT or GLA against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing part;, such reasonable amounts for fees, costs and experses as may be set by the court. 6. Payment to GLA Monthly invoices will be issued by GLA for all work performed under the terms of this agreement. Invoices are due and payable upon receipt. Finance charges, computed by a "Periodic Rate" of 1-1/2% per month (applied to the previous month's t alance atter deducting payments and credits for the current month), will be charged on all past -due amounts unless otherwise provided by law or by contract. 0 0 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 II. 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: 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). 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER u l I cc- TO: Bill Ramsey, Principal Planner SECOND EST Q U90�6 FROM: Christy Swanson, DATE: 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: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: a4 44rLn% ud 1 - SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ti - 7,rO ***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) a 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER F l y2 S t 00 n C 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: 't: )4ft� t -1C1 TO 15%&. �l 177 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Y7( af, � SLAt,, �770, 2607 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/07 Deadline Date: 06/30/07 (600.30/glennlukos) 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Glenn Lukos Associates 29 Orchard Lake Forest, CA 92630 IDIXIBfI ' anuls111 � 1461 1776 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Amendatory Agreement — Wetland Delineation Enclosed: (1) original executed agreement as noted. MEMBERS OF THE CITY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NEILSON JOE SOTO DR. LONDRES USO March 21, 2008 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. Cali 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 .• �, Prinletl on 100% recyGetl paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancaplsfrano. org TRANSMITTAL TO: Glenn Lukos Associates 29 Orchard Lake Forest, CA 92630 DATE: June 27, 2007 dwan • ,,,,rr,yy IAIRARRARIfR • f�lulRfR I 1961 1776 " FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO 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 Frmfen on 100% fecvclp.d saner 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Glenn C. Lukos, President Glenn Lukos Associates 29 Orchard Lake Forest, CA 92630 DATE: September 1, 2006 dVAN* ��y,y IA[01/AAAIII • luelusxm ' 1961 1776 FROM: Maria Guevara, Deputy City Clerk (949) 443-6309 RE: Del Obispo Bridge Widening & Circulation Improvements MEMBERS OF THE CITY COUNCIL Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. SAM ALLEVATO DIANE SATHGATE WYATf HART JOE SOTO DAVID M. SWERDLIN 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 rJ pAntad.n 100%Recycled Paper 32400 PASEO ADEL-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 1" www.sanjuancapistrarto. org August 10, 2006 Glenn C. Lukos, President Glenn Lukos Associates 29 Orchard Lake Forest, CA 92630-8300 Dear Mr. Lukos MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN 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, Meg M�lna n, MMC City erk cc: Bill Ramsey, Principal Planner Molly Bogh, Planning Director San Juan Capistrano: Preserving the Past to Enhance the Future