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10-1102_MERKEL & ASSOCIATES, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT 04- H TIS GREEMENT is made, entered into, and shall become effective thi� day 4of o -Q 10, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Merkel & Associates, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services for the performance of Biological Monitoring and Reporting for one year spanning 2010 through 2011, at the Acu Canyon Site, the Terminal Reservoir No. 3 Site, and Placida. 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," described as the Consultant's proposals of October 13, 2010 for the Acu Canyon Site, Terminal Reservoir No. 3, and Placida; attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit `°A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 14 months from the date of the agreement. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $41,210.45, as set forth in Exhibit "A," attached. 3.2 Method of Payment. Subject to Section 3. 1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Invoices shall be addressed as provided for in Section 16 below. Attachment 2 3,3 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that; (1) it has investigated the work to be performed, (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the 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. F, Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E-Verif . 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.ugcis.gov, or access the registration page at https.//e-verif .uy scis.gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. 3 Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - 51 owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following; Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 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 City's General Counsel 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. 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 61 insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party 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: Nasser Abbaszadeh, Public Works Director To Consultant: Merkel & Associates, Inc. Mr. Keith W. Merkel 5434 Ruffin Road San Diego, CA 92123 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 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. A IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: Iv City Atto ney CITY OF SAN JUAN CAPISTRANO By: J Tait, ity Manager CONSULTANT By: d Keith W. Merkel, Vice President r 7 mmansaama TO: Joe Tait, City Manager /1-P* FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Habitat Restoration Monitoring for the Site, Acu Canyon, Terminal Reservoir No 3, and Placida.. (Merkel & Associates, Inc.) (CIP #07811, #07803, #09211) By mutton: 111212010 � s 7605 Reservoir (GAA Planning) 1) Approve the Professional Services Agreement for Monitoring in the amount of $47,000 with CAA Planning; for the 2010-2011 Habitat Restoration [Monitoring Services at the 760 S Reservoir Project, and, 2) Approve the Professional. Services Agreement for Monitoring in the amount of $41,210 with Merkel & Associates, Inc.; for the 2010-2011 Habitat Restoration Monitoring Services at the Acu Canyon Site, Terminal Reservoir No 3 Project, and Placida Site; and, 3) Authorize the City Manager to execute the Professional Services Agreements; and, 4) Authorize the City Manager to execute changes in a total amount not to exceed 10% of the contract value. SITUATION: This agenda item is a companion item to the similarly titled "Consideration of Habitat Restoration Maintenance Services for the 7605 Reservoir Site, Acu Canyon, Terminal Reservoir No 3, and Placida. (Contractor Park West Landscape, Inc) (CIP #07811, #07803, #09211)" The purpose of the Monitoring contracts is to evaluate the progress of the habitat maintenance, provide monthly reports on the status, provide direction to the maintenance contractor on needed focus and oversight, and annual reports to the resource agencies on the progress of the work in meeting the performance criteria established by the resource agencies in their permits. Agenda Report Page 2 November 2, 2010 SITUATION GAA Plannina Contract at 760S: CAA Planning (CRAP) has been the Biologist at the 76OS restoration site since 2006. Its contract for 2009-2€310 is up for renewal. CAAP's have been of high quality and the resource agencies reviewing the status of the site and the annual reports have not had any issue with the progress of the restoration or the quality of the reporting. CARP proposes to continue the base monitoring work as conducted in previous years and to continue reporting to the resource agencies for the 76OS habitat restoration progress. In additions, CARP will add the work items as described below to bring the site up to the expectation of the resource agencies and bring the monthly maintenance and monitoring period to a successful close after 6 years. With the resource agencies consent the site may go into a period of only annual monitoring and maintenance in about two years. CAAP's fee proposal for the work, detailed below, is $47,000. The base monitoring and reporting to the resource agencies remains the same as costs for 2009-2010 at $36,500. However the extent and nature of the additional work requirements detailed below has added cost items. Shortly after the original read installation, erosion gully's appeared in the channels on both the north and south side of the access road, Efforts to control the erosion by seeding with upland riparian plants were successful only on the north side. The south side (Site #11) suffered flaw rates that caused erosion preventing plant establishment and potentially effecting the bang term structural stability of the road way. The erosion also resulted in the deposition of silt onto the riparian thicket downstream (Site #8) causing it to fail to thrive. The solution includes the installation of 61 check clams distributed over Site #11, and the removal of built tip silt in Site #k8 to recreate the shallow pond feature originally intended. The physical work to be done by the maintenance operator was competitively solicited, and is covered in a companion agenda item. The work of CARP to design, specify, direct, physically layout, and inspect the work of the maintenance operator with respect to the impacts on the habitat in the process of installing the check darns, remove silt at Site #8, and to provide and maintain the restoration habitat to effect repairs at sites #11 and #8 is expected to cost $8,5003 which includes $6,000 for the 6 days of field directions and office design support work, and $2,500 in staff time to process the modified permit with the resource agencies for the changes to the IHL.MP created by the repairs and modifications to areas #11 & #8. Small sections of several areas have plants that simply failed to thrive, despite the success of the other plants around there. To develop full plant community the (separate) maintenance operations contract includes the installation of augmentation plants. This will require direction from CARP in the selection and placement of the augmentation plants. Also, the maintenance RFP requires a higher level of direction to Agenda Report Page 3 November 2, 2010 the maintenance operator to define and focus the work effort. CARP projects that this work effort will cost an additional $1,000 for the 1 day of work it will require. The preparation of the documents for the request for qualifications (RFQ) and cost solicitation documents requires substantive input from the Biologist to dune the needed work effort of the maintenance operator for 2011-2012, GAAP projects that this will cast $1,000 and take one day, Since GAAP's performance has been good thus far staff recommends continuing the contract with GAAP for $47,000 in 2010-2011 (Attachment 1). SITUATION Merkel & Associates Inc. Contract at Acu Canyon: Merkel & Associates, Inc. (Merkel) has conducted the monthly evaluation and annual reporting at the Acu Canyon site since its establishment in .lune of 2007. The habitat at Acu has suffered from vandalism and the exceeding dry summer of 2010. This has resulted in the need to re-establish the irrigation system and provide replacement plants for plants which failed. Merkel's work has been satisfactory. The physical labor and materials are included in the maintenance contract. Merkel offers to continue providing monitoring and reporting services for its historic base fee ($10,035 - $8,341) in its previous year's contract, but has added to that in increased monitoring presence, site visits with and direction to the maintenance contractor to select and install the augmentation plants and provide detailed direction for maintenance activities. In addition Merkel ;will prepare a work plan for inclusion in the 2011-2012 request for maintenance proposals. Merkel will perform the monitoring work in 2010 - 2011 for $12,846. SITUATION Merkel & Associates Inc. Contract at Terminal Reservoir No 3.: Merkel & Associates, Inc. (Merkel) has conducted the monthly evaluation and annual reporting at the Terminal Reservoir No. 3 (T3), site since its establishment in February of 2007. The habitat at Acu has suffered from the exceeding dry summer of 2010. This has resulted in the need to restore the irrigation system and provide replacement plants for plants which failed. Merkel's work has beeri satisfactory. The physical labor and materials are included in the maintenance contract. Merkel offers to continue providing monitoring and reporting services for its historic fee ($13,431 - $10,421) in its previous year's contract, but has added to that in increased monitoring presence, site visits and direction to the maintenance contractor to select and install the augmentation plants. In addition Merkel will prepare a work plan for inclusion in the 2011-2012 request for maintenance proposals. Merkel will perform the monitoring work in 2010 - 2011 for $11,502. Agenda Report Page 4 November 2, 2010 SITUATION Merkel & Associates lnc, Contract at Placida: The establishment of the habitat at Placida in May 2008 through September 2008 by Chambers Group; who continued to provide monitoring services until December 2000. In March of 2009 Merkel & Associates, Inc. (Merkel) was selected in a competitive proposal process and has been performing the monitoring and reporting since that time. The habitat at Placida has suffered greatly from the exceeding dry summer of 2010. Since the site has no irrigation system this has resulted in the need' to re --install hydration gel packs at exiting plantings appearing to need additional water. In addition some plants have failed requiring replacement. Merkel's work has been satisfactory. The physical labor and materials are included in the maintenance contract. Merkel offers to continue providing monitoring and reporting services for approximately the same fee in its previous years contract. Merkel will perform the monitoring work in 2090 - 2011 for $16,862. Since Merkel's performance has been satisfactory thus far staff recommends continuing the contract with Merkel for $41,210 in 2010-2011 for the Acu Canyon ($12,846), T3 ($11,502), and Placida ($16,862); Attachment 2. The completed construction of the 4 Million Gallon 7605 Reservoir (July 2006), the 6 Million Gallon Terminal Reservoir No. 3 (T3) (November 2006), the restoration of the impacts from the Placida landslide (February 2006), and the emergency repair of a small landslide at Camino Capistrano (February 2005) all impacted native habitat; necessitating the establishment of mitigation habitat both on and off site. The location of these sites is shown in Attachment 3. The 7605 site mitigation was established onsite (July 2007), with a component of the riparian restoration offsite and Acu Canyon (June 2007). The mitigation for T3 was developed on site (June 2007), and a portion was subsequently moved offsite to the Acu Canyon site. The mitigation for the Camino Capistrano work was added to the 7605 restoration site (2008). The Placida site habitat restoration was established on site (September 2008). The work at these sites required jurisdictional reviews and approvals and permits from the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, and California Regional Water Quality Control Board. Collectively, these agencies are referred to as the resource agencies. The permits by the resource agencies, and covenants entered into with the resource agencies require a minimum of 5 years of habitat maintenance, monitoring, and reporting on the progress of the habitat meeting specific established criteria. The City has been required to restore and maintain 1) 17.0 acres of coastal sage, including 0.529 acres of wetlands at the 7605 site; 2) 0.34 acres of wetland at the Acu Canyon site; 3) 0.26 acres of wetland at the T3 site; and, 4) 4.92 acres of coastal sage at the Placida site. The combined restoration areas have 21.391 acres of coastal sage scrub and 1.13 acres of riparian habitats. Agenda Report Page 5 November 2, 2010 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission has been apprised of developments at these sites in the monthly operations reports. FINANCIAL CONSIDERATIONS: The proposed cost for the work is as follows; The 760S and Acu. Canyon site (760S), CIP # 07811 has in unencumbered funds $174,700. The cost of the maintenance work will be $219,199. The cost of the monitoring by.CAA Planning at 760S will be $47,000. The cost monitoring by Merkel and Associates will be about $12,846. Staff costs to manage and inspect this work will $10,000 for the 760S1 Acu site. The total cost of the maintenance work, monitoring work, and staff time is projected for the time period from November 2010 to October 2011 to be $289,€745. To cover the difference, $115,000 needs to be appropriated from CIP # 09211, the Placida Site. This transfer will be covered in the companion agenda item. The Terminal Reservoir No 3 site (T3), CIP # 07803 has in unencumbered funds $101,000. The cost of the maintenance work will be $17,058. The cost of the monitoring work by Merkel and Associates will be $11,502. Staff costs to manage and inspect this work are projected at $5,000, for a combined projected cost (for the time period from November 2010 to October 2011) of $33,560. CIP 07803 has sufficient funds for this work, The Placida site, CII' # 09211 has in unencumbered funds $189,400. The cost of the maintenance work will be $20,155. The cost of the monitoring work by Merkel and Associates will be $16,862. Staff costs to manage and inspect this work are projected at $5,000; for a combined projected cost (for the time period from November 2010 to October 2011) of $42,017. CIP #49211 has sufficient funds to allow the transfer of $115,000 of CIP #07811, These cost and the recommended appropriation are summarized in the table below. Fuad Maint Monitor Monitor Staff & � I i Bal, Cost Costs i Costs, ` Disc I Project � Site CIP 10/2010 1 PBSI GAAP ! Merkel Costs 1 Costs Balance Transfer 760S/ Acu 7811 $174,700 $219,199 1 $47,0030 $12,846 $103,000 i $289,0145 0114,345 j $115,000 T3 7803 $101,00 $17,058 i $11,502 E $5,000 ! $33.5603 $67,440 I __ Placida 9211 $189,4030 $16,862 $5,000 $42,0'17 $20,1±2$4 $147,383 $115,000 Total$46 ,4 ' $2 ,4 d0 $41,210 ! $20,000 $364, 22 $1i3t1,47 $ Agenda Report Page 6 November 2, 2010 HISTORY 760 South: In July 2006, the City completed construction of phase 1 of the 760 S Reservoir Project; a four trillion gallon (MG) water reservoir and a pad for a future four MG water reservoir to serve existing and future developments in the southern portion of the City. The project site is located in the City's South Open Space, at the head of Reservoir Canyon. The project resulted in temporary and permanent impacts to almost nine acres of existing native habitat. These impacts required jurisdictional reviews and approvals from the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, and California Regional Water Quality Control Board. Collectively, these agencies are referred to as the resource agencies. As part: of the approvals from the resource agencies, the City has been required to restore 17 acres of native habitat made up of a combination of Coastal Sage Scrub and Riparian habitats. The City has also been required to maintain and monitor the restoration area for a minimum 5 -year period to ensure compliance with the jurisdictional approvals per the Reservoir Canyon Habitat Mitigation and Monitoring Plan for the 760 Zone SC -04 Reservoir Project — Pursuant to the Condition Concurrence with the Special 4(d) rule interim Habitat lass mitigation plan (IHLMP) for the project (FWS/CDFG-OR_1602.3), CDFG 1500-2004-0040-R5, ACOE No. 200400717 -CLIVI, R'il�IQCB File No. 04C-010), Prepared by J. Froke PhD., June 1, 2004, and modified February 21, 2007 to incorporate habitat mitigation for the Terminal Reservoir #3 impacts and. impacts created by emergency work at a land slide at Camino Capistrano and Juniper Serra. The terms of the agreements for the 2007 modifications to the IHLMP included a 6{h year of monitoring at the 7605 site. The aforementioned documents resulted in the following resource agency permits, each carrying a burden of reporting and compliance: (A) U.S Fish and Wildlife Service and CA Dept of Fish and Game — Conditional Concurrence with the Special 4(d) Rule Interim Habitat Loss Mitigation Plan (HLMP) for the 7605 Zone SC -04 Reservoir Project, City of San Juan Capistrano, Orange County, California; stated May 21, 2004; (B) Department of Fish and Game Streambed Alteration Agreement #1600-204-0040-R5; slated June 14, 2004; (C) Department of the Array (aka ACOE) Certification of Compliance with Nationwide Permit, No. 200400717-CLM; dated April 4, 2004; (D) CA-R'sllfQCB, San Diego Region Waiver of Waste Discharge Requirements, signed April 4, 2004. Shortly after the original road installation, erosion gulley's appeared in the channels on both the north and south side of the access road. Efforts to control the erosion by seeding with upland riparian plants were successful only on the north side. The south side (Site #11) suffered flow rates that caused erosion preventing plant establishment and potentially effecting the long term structural stability of the road way. The erosion also resulted in the deposition of silt onto the riparian thicket downstream (Site #8) causing it to fail to thrive. The solution includes the installation of 61 check dams distributed over Site #11, and the removal of built up silt in Site #8 to recreate the shallow pond feature originally intended. The physical work is to be done by the maintenance operator being competitively solicited. Agenda Report Page 7 November 2, 2010 As of the late summer of 2016 the habitat has developed well, but small sections of several areas have plants that simply failed to thrive, despite the success of the other plants around them. To develop full plant community the (separate) maintenance operations contract includes the installation of augmentation plants. A site maintenance plan was developed by staff with guidance from the site biologist CAA Planning to remediate failing sections and to re -institute regular maintenance activities to ensure full and robust development of the habitat. Those recommendations were included in the RFPfRFQ for• habitat maintenance work in 2010-2011,. HISTORY T3 Reservoir The construction of the 6,000,000 gallon Terminal reservoir No. 3 (T3) was completed in November 2006 in the process the work damaged both coastal sage and riparian habitat. The establishment of the onsite habitat restoration was completed in June of 2047. The first year required maintenance services provided by Natures Image. In succeeding years the habitat had progressed sufficiently to not require continuous maintenance service. By late 2010 it is evident that additional plant remediation and regular maintenance will be required to meet the habitat performance mandated by the permits described below. At T3, the impact to the coastal sage was minimal, allowing for in lieu fee payment, rather than on site restoration. The US Fish and Wildlife Services (FV S) and the California Department of Fish and Game (CDFG) issued a letter of issued a letter of concurrence for the project FWS!CDFG-OF-3222.3 on 02/05/2004 which under the 4(d) rules allowed for an incidental take of 0.60 acres of coastal sage; requiring the payment of in lieu fees. The impacts to the wetlands area was larger requiring an onsite habitat restoration project. The plan for this, titled "Terminal No. 3 Conceptual Wetlands Restoration Plan," dated August 10, 2064, by Merkel and Associates has provided the frame work for the restoration installation and maintenance, As part of the environmental mitigation for the T3, the Army Core of Engineers (ACOS) determined that 0.43 acres of riparian habitat need to be established as mitigation. Since no single site. was sufficient it was divided into two sites. The first site was to have an area of about 11,000 square feet and was to be located south of T3 on Lot B of Tract 10103 (APN 650-521-02). Geotechnical problems prevented the installation of this remediation and the work was instead performed at the Acu Canyon and 7605 sites; resulting in the CCRs to APN 675261-05 on August 7, 2007; and modifications to the Streambed Alteration Permit No 1600-2004-0040-R5 (for the 7605 Reservoir site) and its accompanying CC&Rs. The second site has an area about 7,800 square feet and is located north of T3 on the reservoir property, APN 650-521-03. Staff prepared the requisite Declaration of Covenants, Conditions and Restrictions for the north site, which was adopted on September 6, 2005. Agenda Report Page 8 November 2, 2010 Through 2009 the habitat at T3 continued to develop. In early 2010 the site began to show weakening development requiring more intensive maintenance. A site maintenance plan was developed by staff with guidance from the site biologist Merkel & Associates to remediate failing sections and to re -institute regular maintenance activities to ensure full and robust development of the habitat. Those recommendations were included in the RFP/RFQ for habitat maintenance work in 2010-2011. HISTORY Placida: In early June 2005, an ancient landslide, known as the Avenida Placida Landslide was re -activated. The landslide is located west of the San Juan Hills Estates residential development, just above Avenida Placida. According to the City's Geotechnical Engineer, Lawson and Associates Geotechnical Consulting (LGC), the re -activation of the landslide was due to the heavy rains experienced by Southern California during the declared Federal Emergency Management Agency (FEMA) DR -1686 event. This event occurred during the period of February 16 to 23, 2006. Debris from the landslide impacted an existing detention basin within the San Juan Hills Estates development. Based on LGC's recommendations, the City proceeded under an emergency basis to remove the landslide debris and re -grade the impacted areas. The landslide repair work was completed in February 2006; however, it resulted in impacts to existing native habitat. Because of these impacts to native habitat, environmental permits were required from jurisdictional resource agencies including the U.S. Fish and Wildlife and the California Department of Fish and Game. As part of the environmental permit requirements, the City was required to restore native habitat on site as mitigation for the impacts. On September 29, 2005 the U.S Fish and Wildlife Service (USFW) and the CA Department of Fish and Game (CADFG) jointly issued a letter of Conditional Concurrence With the Special 4(d) Rule Interim Habitat Loss Mitigation Plan (IHLMP) for the Placida site (Attachment 4A). On August 31, 2006 the USFW & CADFG issued a joint modification of the original letter allowing a lowering of the area of the habitat to be restored from 6.76 acres to 4.92 acres. There was no impact to riparian habitat. In July of 2007, Chambers Group created habitat restoration plans and specs. In September 2007 the City entered into a contract with Nature's Image Inc. for the establishment of the site restoration habitat. The habitat establishment work was completed in September 2008, and the site entered the 5 year monitoring phase. Through 2009 the habitat at Placida continued to develop. In early 2010 the site began to show weakening development requiring more intensive maintenance. A site maintenance plan was developed by staff with guidance from the site biologist Merkel & Associates to remediate failing sections and to re -institute regular maintenance Agenda Report Page 9 November 2, 2010 activities to ensure full and robust development of the habitat. Three recommendations were included in the RFPIRFQ for habitat maintenance work in 2010.2011. NOTIFICATION.: CAA Planning Merkel & Associates, Inc. motion:By 1) Approve the Professional Services Agreement for Monitoring in the amount of $47,000 with CAA Planning; for the 2010-2011 Habitat Restoration Monitoring Services at the 760 S Reservoir Project; and, 2) Approve the Professional Services Agreement for Monitoring in the amount of $41,210 with Merkel & Associates, Inc.; for the 2010-2011 Habitat Restoration Monitoring Services at the Acu Canyon Site, Terminal Reservoir No 3 Project, and Placida Site; and, 3) Authorize the City Manager to execute the Professional Services Agreements; and, 4) Authorize the City Manager to execute changes in a total amount not to exceed 10% of the contract value. Respectfully submitted, Pre red by,, , Nasser A�6aszadeh, PE Eric Bauman, PE, Public Works Director Utilities Engineer Attachments: 1. PSA with CAA Planning 2. PSA with Merkel & Assoc. 3. Location Map PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of _, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and CAA Planning. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services for the performance of Biological Monitoring and Reporting for one year spanning 2010 through 2011, at the 760 Reservoir Site. WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as fellows: 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," described as the Consultant's proposal of August 30, 2010; attached and incorporated herein by reference. To the extent that there are any conflicts between the previsions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 14 months from the date of the agreement, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $47,000, as set forth in Exhibit "A," attached. 3.2 Method of Payment. Subject to Section 3, 1, Consultant shalt submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Invoices shall be addressed as provided for in Section 16 below. Attachment 1 3.3 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 Uon Subcontractina and Asst nment. 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 pari: 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, For extra work not part of this Agreement, a written authorisation from City is required prior to Consultant undertaking any extra 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 addendurn 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/or Construction Site. By executing this Agreement, Consultant warrants that: (9) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditlons there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section B. Time of Essence. Time is of the essence in the performance of this Agreement. 2 Section J. Cosmo 1lance with Law; E-Veri . .1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a neer employee to perform work ander this Agreement. Information pertaining to the E -Verify program can be found at htto-11wwuu.useis.ov, or access the registration page at htt s:Ue-verif .uscis, ovlenrolli. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement, Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownershi oaf 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. Cl Section 13. indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and bold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness andlor intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors fired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits "do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section U.- Insurance. On or before beginning any of.the services or work called for by any term of this Agreement, Consultant, at its own east and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under farms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in goad 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement, If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14,2 Comprehensive Automobile Liability Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including awned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence M ($1,000,000.00). 14.3 Worker's Cornpensat%on. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the terra 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 arnount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 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 City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 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 Teres 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. 5 Section 16, Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the ether 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: fusser Abbaszadeh, Public Works Director To Consultant: GAA Planning 85 Argonaut, Suite 220 Aliso Viejo, California 92656 Attn: Shawna L. Schaffner, Chief Executive Officer 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. SecUon 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 1919. Entire Agreement. This Agreement constit: tes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 111 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FAIR- f:M City Clerk APPROVED AS TO FORM: City Attorney CITY OF SAN JUAN CAPISTRANO 0 Joe Tait, City Manager CONSULTANT By: Sa'w-na L. Schaffn'e'r, Chief Executive Officer 7 �rr-Aw��I1 August 30, 2010 Mr. Eric Bauman Water Engineering Manager Public Works Department City of San Juan Capistrano 32400 :Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: Proposal For Professional Planning Services, Biological Monitoring, and Reporting Relating to the 760 Reservoir Site in the City of San Juan Capistrano Dear Mr. Bauman: CAA Planning (CAA) appreciates the opportunity to submit this proposal for the fifth year of Biological Monitoring and Deporting relating to the 760 Reservoir Site. CAA has been working on the 760 Reservoir project since .December 2003. The habitat restoration is mainly on target for 2009, and we are nearing the close of our fourth calendar year of biological monitoring and reporting, While the habitat creation project has been successful for the most part, there are a few issues on site that need to be addressed set that the project is successful. A detailed report on the status of the site was provided to you on December 17, 2009. As a whole, the project continued to develop satisfactorily during 2009. The majority of sites grew toward their established objectives, dative grasses and CSS are taking hold where planted and on an acreage basis, approximately 85 percent of the total RCHRI' area is growing as planned, The growth of the native versus nonnative vegetation continues to be positive but weed abatement is an anticipated task that will need to be continued during the next year of monitoring, namely some mustard grass and rye grass. During 2009 Dr. Jeffrey B. broke conducted approximately 11 days of biological field monitoring. Dr. broke will need to continue to engage in biological field monitoring to improve the long-term viability of the project. Dr. Froke's tasks are anticipated to total 266 hours in 2010 and include monitoring plant vigor/density, definition and monitoring of site maintenance, preparation of monthly field reports and. annual report preparation. Also, Dr. l•«roke's work efforts will include extra work for the gully -erosion repair and restoration in Area 11, the completion of the recovery efforts in Area. 1. clue to the construction of the unauthorized bike trail, and guidance in the repair to the riparian basin in Area 8 caused by siltation from the erosion in Area. 11. In addition to Dr. Froke's work, we will prepare monthly status reports to the City and. the City's Maintenance Contractor. We will also prepare yearly Monitoring Reports in accordance with the conditions of the City's Resource Agency Permits. We will submit the Annual Reports to the ..:....i"H'M?l .T. 85 Argonaut, Suite 220 e (Aliso 'Viejo, California 92656 . (949) 581-2888 a Fax (949) 581-3599 Mr. Eric Bauman August 30, 2010 Page 2 of 4 respective Resource Agency in accordance with the provisions of the City's permits, and provide copies of all correspondence to the City. We will provide on-going project manageme rit including coordination efforts with the Maintenance Contractor_ The project management task will also include analysis of data gathered during field monitoring to adjust or fine tune maintenance techniques for each restoration site. Finally, because of the need to correct the erosion issues on site, CAA will have an additional work effort as compared to the past year. CAA will provide necessary coordination with the Resource Agencies on the City's behalf to obtain approval For the necessary modifications to the habitat restoration plan. An outline of our proposed tasks, along with the estimated fee, is provided below. 'roiect Tasks and Estimated Fee NO. Task Cast Field TVork and .Lyioniiof iragby Dr. Jeffrey Iyke__ L IField Monitoring,and monthly status reports to City $ 31,500 j and C iM'as yr Contractor 2. Direct and evaluate the placement of check -dams inside Area, 11; silt 6,000 removal from site 8; and Follow-up planting and seeding in each. site following remedial construction 3. I Maintenance needs above standard practices currently in place 1,000 4. Provide biological support to update of 2011 maintenance documentation 1,000 Dr. Froke Sub -Total 39,.560 Resource A enc Coordination by CAA 5. Project Management including data analysis, coordination with the Dr. 5,000 . effry . roke; annual reporting requirement verification 6. Strategic coordination with City and Resource Agencies can additional site 21500 restoration areas and erosion control s sterrm _ CAA Sub -Total 7,500 Total S 47,000 Prior to initiation of the new year of biological monitoring, Dr. Froke will submit a field monitoring schedule to the City and to the City's maintenance contractor, This schedule will promote effective communication between Dr. Froke and the maintenance contractor, and will enable any maintenance efforts requiring Dr. Froke's supervision to be planned in a cost- effective manner. Mr. Eric Bauman August 30, 2010 Page 3 of 4 Limitations The proposal is based on the time parameters and estimated Fees set forth herein, and the narrative outlining the Scope of work. Changes in the schedule or scope of work assumptions may result in costs beyond those currently anticipated. Major changes include., but are not limited to: 1. Changes in the project by the City, State, or other approving body which cause revisions of printed documentation or }dans beyond those covered by the scope of work. 2. Changes in the schedule by the City, State, or other approving body, beyond the parameters set Forth in this proposal. 3. Expansion of the project area under study by the City, State, or other approving body. 4. Additional planning entitlements, permits or processing requested by the City. 5. Appeal of project determinations (e.g. project approval. or denial) by the City, State, or other approving body, or other person, group or organization_ If one or more of the above incidents occurs; CAA shall be entitled to request a contract amendment. In the event a contract amendment cannot be mutually agreed upon or is denied, CAA shall be entitled to withdraw from the project and terminate the contraellagreement, and be paid by the Client for all amounts owed/pending up to the date, of termination of the contract/agreement For the work performed. Conclusion We believe thatthe continued project team of Dr. Jeffrey 1^roke and CAA Planning can provide the best representation for the City on this project. Should you find this proposal acceptable, our authorization to proceed will be satisfied by signing where indicated on the following page and returning the original of this letter to my attention. We look forward to continuing our work with the City on this important project. Should you have any questions regarding this proposal, }Tease contact me or'rom Mathe.ws at (949) 581-2888. Sincerely, CA.A. PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Mr. Eric Bauman August 30, 2010 Page 4 of 4 Attachment: CAA Schedule of Fees AUTHORIZATION TO PROCEED: Signature. Name: Date: Place of Execution: CAA PLANNING General Conditions and Schedule of Foes for Professional Services Standard Billing Rates Effective January 1 2010* Classification Hourly Rate Principal $275 Principal Planner 1 $200 Principal Planner II $150 Project Manager $135 Associate Planner 1 $100 Associate Planner II $85 Graphics Manager $75 Assistant Planner $65 Planning Assistant $35 *Rates are subject to revision effective January 1 of each year General Conditions 1. Reimbursable expenses (travel accommodations including rental vehicles and regularly scheduled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/oourier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to the estimated fee for the project. 2, Automobile mileage outside Orange County will be billed at $0.50 per mile. 3. dourly, rates apply to work time as well as travel time and waiting time that occurs at public hearings. Gates increase 50% for depositions or court testimony. 4. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be subject to the maximum monthly interest charge provided by law on amounts thirty (30) days past due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered, client agrees Consultant shall have the right to consider such default In payment a material breach of the entire agreement, and, upon written notice, the duties, obligations, and responsibilities of Consultant under this agreement are terminated. 5. Client hereby agrees that the balance in a billing statement is correct and binding unless the Client notifies the Consultant in writing within ten (10) days of the date of billing and informs Consultant of alleged incorrect item; provided, however, that the foregoing shall apply only to the description of work performed as set forth in the Milling statement, and if after such ten (10) day period Client discovers a mathematical error in the billing statement, Client shall not be bound by the erroneous balance, which Consultant hereby agrees to correct. 6. Consultant makes no warranty as to its findings, except that the work is performed using generally accepted methods. 7. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. 8, Client agrees to limit the Consultant's liability to the , Client and to all Contractors and Subcontractors on the project due to Consultants material, willful, and grossly negligent acts, errors, or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less. 9. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a (ask was completed early, in which case it will be billed as if the task were complete. 11, Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive direction or instructions on the project, and that Consultant is not obligated to perform and/or take direction or instructions from Client's other Consultants or Subconsultants without prior written notification and concurrence by Consultant. THIS AGREEMENT is made, entered into, and shall become effective this day of , 2010, by and between the City of Sart Juan Capistrano (hereinafter referred to as the "City„) and Merkel & Associates, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services for the performance of Biological Monitoring and Reporting for one year spanning 2010 through 2011, at the Acca Canyon Site, the Terminal Reservoir No. 3 Site, and Placida. 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. Scooe of„Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A” described as the Consultant's proposals of October 13, 2010 for the Acu Canyon Site, Terminal Reservoir No. 3, and Placida; attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those; provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 14 months from the date of the agreement. Suction 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $41,210, as set forth in Exhibit "A," attached. 12 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Invoices shall be addressed as provided for in Section 16 below. Attachment 2 3.3 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_UDo_n Subcontractinci and Assionment. 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 6. Time of Essence. Time is of the essence in the performance of this Agreement, Section 9. Compliance with Law• E -Vent . .1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the US, Department of Homeland Security's E --Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.cgov, or access the registration page at h tps.He-verity.0 cis.gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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 casts or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 3 Section 13. In gmnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness andlor intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14, Insurance. On or before beginning any of the services or work called for by any terra of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's wide 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate,iimit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in Ball force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - 0 owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000m). 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 amountas 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 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 City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of CancellationlTermination of Insurance. The above policylpolicies 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) clays' 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. 14.6 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 shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant, In addition, this Agreement may be terminated by any party for cause by providing ten (1 0) 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) stay cure period. Lection 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. Nasser Abbaszadeh, Public Works Director To Consultant: Merkel & Associates, Inc. Ms. Barbara L. Merkel 5434 Ruffin Road San Diego, CA 92123 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 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, C1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SAN JUAN CAPISTRANO 0 Joe Tait, City Manager CONSULTANT By: Barbara L. Merkel, 7 Merkel & Associates,, Inc.. 5434 Rein Road, San Diego, CA 92123 Tel: 858/560-5455 w Fax: 8581560-7779 e-mail: associates@merkeIinc.com merkeIinc.co October 13, 2010 M&A # 01-130-18 Mr. Eric Bauman City of San Juan Capistrano 32400 :Pasco Adelanto San Juan Capistrano, CA 92675 Re: Proposal to Provide Year 3 Biological Monitoring Services for the City of San Juan Capistrano Terminal Reservoir No. 3 - Acu. Canyon Mitigation Site Tear Mr. Bauman: Thank youfor requesting a proposal for continued work on the San Juan Capistrano Terminal Reservoir 3 wetland mitigation project. This proposal includes costs for Year 3 of the monitoring and reporting schedule for the 0.34 -acre Acu Canyon off-site wetland enhancement area. Survey work would be initiated following the installation of additional container plants at the site. Task 1. Field Moniforin J Monitoring of the Acu. Canyon site to assess the status of the wetland enhancement effort would occur monthly for Year 3. The monthly monitoring events for Year 3 would consist of qualitative progress assessments of the project site. The annual monitoring event would consist of both qualitative and quantitative site evaluations. Quantitative monitoring would make use of a fixed -transect methodology to collect data to determine plant cover within the planting area, percent cover of each species, and the percent survival of container materials utilized in the restoration program. Task 2. Re ort Preparation aration Within two weeks following themonitoring events, the results would be submitted to the City. The site observation reports would describe overall site conditions, as well as recommend specific site maintenance actions required to ensure successful plant establishment. Additionally, within one month following the annual monitoring period, a report detailing the results of the monitoring would be completed. The annual report would provide an analysis of data gathered during the site visit and would discuss qualitative observations noted. The report would also provide prescribed remedial maintenance actions to be performed to ensure permit compliance. The report would be provided to the City o ' San Juan Capistrano for dissemination to the pertinent regulatory agencies for review, comment, and general status information. Task 3. Proiect Dana erg neat The :Project Manager (PM) designated for the project shall be Mr. Stephen Rink. As Project Manager, Mr. Rink will function as the day-to-day liaison with the; City and will be the point of contact for all administrative and contractual matters. Mr. Rink will be responsible for meeting schedules, controlling budgets, and fulfilling scoping requirements. Mr, mink will review all products to ensure that they rneet the requirements of the scope. Yerminal Reservoir Yo. 3 Am Con on .Ivifi ation Site October 13, 2010 COST PROPOSAL The following table summarizes the costs for the scope of work described above. A detailed east analysis has also been included for your review. The costs reflect the Year 3 monitoring program and would be billed on a tune -and -Material basis. Any additional surveys or required meetings would be addressed through a separate scope of work. Tasks Costs Term Maintenance and Monitoring _�.Lona Task 1. Field Monitoring $7,279.75 _ _ Task 2. Report Preparation $5,113.00 Task 3. Project 1ylanagement v _ _ _ .. Total $453.50 __._.$12,P346.Z5 Merkel & Associates, Inc. has no existing or potential conflicts of interest, other projects, or commitments that might impair or undermine our ability or integrity regarding the proposed services. We require written authorization to proceed with this scope of work. if you have questions regarding this proposal, please do not hesitate to call Steve Rink (srin� a�rn�rk--linc.corn) at (858) 5605465. We loop forward to working with you on this project. 4inc.arP,ly Keith W. Merkel :Principal Consultant Merkel & Associates, Ine. #01-130-18 Z Exhibit A Mr. Eric Bauman October 13, 2010 Biota ical Monliarin nr the SX Restoration Bro'eet - Aca Can ax. SJC Cali arWa Task Stab'' Rate/Hour Hours Cost Total 1. Long-term Biological Monitoring Program ta. Site Inspections Third Year Monthly Monitoring Senior Biologist $ 112.00 48.00 $ 51376.00 Digital Carnera $ 15,00 12.00 $ 180.00 Clerical Support $ 59,00 3.00 $ 177,00 mileage $ 0,6: 1,200.00 $ 780.00 Task I a Total $ 6,513-00 ib. Annual Monitioring Year 3 Senior Biologist $ 112.00 6,00 $ 672.00 Digital Camera $ 15.00 1.00 $ 15.00 clerical support $ 59.00 0.25 $ 14.75 mileage $ 0.65 10€1.00 $ 65.00 Task Ib Total $ 766.75 Task I Total $ 7,279.75 2. Biological Reporting 2a. Site Inspection Letter Reports Third Year Bi-monehly Letter Reporis Senior Biologist $ 112.00 24.00 $ 2,688.00 Clerical Support $ 59.00 6.00 $ 354.00 ODC's $ 60.00 Task 2a'Fotal $ 3,102.00 2b. Annual Monitoring Reports Year 3 Senior Biologist $ 112,00 14.00 :$ 1,50,00 8 GIS Specialist $ 86.00 4.00 $ 344.00 Clerical Support $ 59.00 1.00 $ 59.00 ODC's $ 40.00 Task 2b Total $ 2,011.00 3. Traject Management GRAND TOTAL ALL TASKS Task 2 Total S 5,113.00 Principal Consultant $ 229.00 0.50 $ 114.50 Senior Biologist S 112.00 2.50 $ 280,00 Clerical $ 59.00 1.00 $ 59.00 Task 3 Total. S 453.50 S :# 2.F3�46.25 Budget Anaiysis Merkel & Associates, Inc, #01-130-18 EXhibit A Merkel ci , Inc. 5434 Ruffin Road, San Diego, CA 92123 Tel: 858/560-5465 a Fax: 858/569-7779 e-mail: associates a@ merkelinc.com October 13, 2010 M.&A## 01-130-1.7 Mr. Eric .Bauman City of San .Tuan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Proposal to Provide Year 3 Biological Monitoring Services for the Pity of San Tuan Capistrano Terminal Reservoir No. 3, Mitigation Site Lear Mr. Bauman Thank you for requesting a proposal for continued work on the San ,Tuan Capistrano Terminal Reservoir 3 wetland mitigation project. This proposal includes costs for the Year 3 monitoring and reporting schedule for the northern onite wetland mitigation area for the Terminal 3 Reservoir project. Task 1. Field Monitoring Monitoring of the project site to assess the status of the wetland enhancement effort would occur monthly during Year 3. The monthly monitoring events for Year 3 would consist of qualitative progress assessments of the project site. The annual monitoring event would consist of both qualitative and quantitative site evaluations. Quantitative monitoring would make use of a fixed -transect methodology to collect data to determine plant cover within the planting area., percent cover of each species, and the percent survival of container materials utilized in the restoration program. Task 2. Report Preparation Within two weeks following the monitoring events, the results would be submitted to the City. The site observation reports would describe overall site conditions, as well as recommend specific site maintenance actions required. to ensure successful plant establishment. Additionally, within one month following the annual monitoring period, a report detailing the results of the monitoring would he completed. The annual report would provide: an analysis of data gathered during the site visit and would discuss qualitative observations noted. The report would also provide prescribed remedial maintenance actions to be performed to ensure permit compliance. The report would be provided to the City of San Juan Capistrano for dissemination to the pertinent regulatory agencies for review, comment, and general status information. Task 3. Proiect Manage ent The Project Manager (PM) designated for the project shall be Mr. Stephen .R.ink. As Project Manager, Mr. Rink will function as the day-to-day liaison with the City and will be the point of contact for all administrative and contractual matters. Mr. Rink will be responsible for meeting schedules, controlling budgets, and fulfilling scoping requirements. :Mr. :Rink will review all products to ensure that they meet the requirements of the scope. Tern incal.Reservoir .Alo. 3 — MiOgaiion Site October 13, 2010 COST PROPOSAL AL The following table summarizes the costs for the scope of work described above. A detailed cost analysis has also been included for your review. The costs reflect the Year 3 monitoring program and would be billed on a time -and -material basis. Any additional surveys or required meetings would be addressed through a separate scope of work. Tasks Lon,g Terra Maintenance and INIonitorin j Costs Task 1. Field Monitoring___ $5,935.75 Task 2. Report Preparation $5,113.00 Task 3. project Management w ._ _ $453.50 Total $11,502.2 Merkel & Associates, Inc. has no existing or potential conflicts o1' interest, other projects, or commitments that might impair or undermine our ability or integrity regarding the proposed services. We require written authorization to proceed with this scope of work. If you have questions regarding this proposal, please do not hesitate to call Steve Fink (srinlcnnerkciirj.c.coz-i) at (858) 560-5465. We look forward to working with you on this project. Sincerely, Keith W. Merkel :Principal Consultant Merkel & Associates, Inc. #01-130-17 2 Mr. Eric Batiman October 13, 2010 Biological IVlarai#arlrr ar the T_3 Res#arrr#carr Pra'ect SJC Cali arnia Task Staff Rate/.Hour )moors Cost Total I. Long -teras Biological Monitoring Prograin Ia. Site Inspections Monthly Monitoring Senior Biologist S 112.60 36.00 $ 4,03104 Digital Camera S 15.00 12.00 $ 180.(30 Clerical Support $ 59.00 3.00 $ 177.00 mileage S €3.65 1,200.00 $' 780.00 Tagk 1 a Total $ 5,169.04 lb. Annual aMonitioring .Year 3 Senior Biologist S 112.44 6.40 $ 672.00 Clerical Support $ 59.04 0.25 $ 1.4.75 Digital Carrera $ 15.00 1.40 $ 15.04 . mileage S 0.65 100.44 $ 65.00 Task. Ib Total $ 766.75 Task .l Total S 5,935.75 2. Biological Reporting 2a. Site Inspection Letter Deports Monlhly Me Observation 1Repor2 Senior Biologist Clerical Support ©DC's 2b. Annual .monitoring :Reports Year 3 Senior Biologist GIS Specialist Clerical Support ODC's 3. Project Management GRAND TOTAL ALL TASKS Merisel & Associates, Inc. #01-130.17 $ 112.00 24.44 S 2,688.00 $ 59.04 6.40 S 354.40 S 60.00 Task 2a Total S 3,102.40 $ 112.04 14.04 $ 1,568.0(} $ 86.04 4.04 S 344.44 $ 59.00 1.44 $ 59.00 S 40.00 I"ask 2b Total $ 2,011.04 Task 2 Total S 5,11.3.00 Principal Consultant $ 229.04 0.54 $ 114.50 Senior Biologist $ 112.40 2.54 S 280.00 Clerical $ 59.00 1.44 $ 59.04 Task 3 '.I"otal S 453.50 S .11,5€12.255 Budget Analysis Casts Are Valid For 90 Days Merkel i , Inc. 5434 Ruffin Road, San Diego, CA 92123 Tel: 858/560-5465 + Fax: 8581560-7779 e-mail: associates@merketinc.com Mr, Eric Bauman City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 October 13, 2010 M&A # 08-168-02 Re: Proposal to Provide Biological Monitoring Services for the City of San duan Capistrano Avenida Placida Landslide Emergency Project Dear Mr. Ba-oman: Thank you for requesting a proposal for continued work on the Avenida Placida Landslide Emergency project. This proposal includes costs for the year 2010-2011 monitoring, reporting, and coordination for the project. The following sections provide details ffor each task associated with the project. PROPOSED METHOD TO ACCOMPLISH THE WORK Task 1. Field Monitorin .Monitoring of the project site to assess the status of the revegetation effort would occur monthly for the year 2010-2011 of the monitoring program and would consist of a qualitative overview of the project site. Findings from each monthly site visit would be summarized in a Site Observation :Report and would be sent to the City for review. The annual monitoring event would consist of bath qualitative and quantitative site evaluations. Quantitative monitoring would make use of a fixed - transect methodology to collect data to determine plant cover within the planting area, percent cover of each species, and the percent survival of container materials utilized in the restoration program. Task 2. Report Preparation Within two weeks following the monitoring events, the results would be submitted to the City. Tile reports would describe overall site conditions, .as well as recommend specific site maintenance actions required to ensure Successful plant establishment. Additionally, within three months following the annual monitoring period, a report detailing the results of the monitoring would. be completed per regulatory agency permit requirements. A draft annual report would provide an Analysis ordata gatheredd during the site visit and would discuss qualitative observations noted. `1"he reports would also provide prescribed remedial maintenance actions to be"performed to ensure permit compliance. The draft report would be provided to the City of San Juan Capistrano and sent to the pertinent regulatory agencies for review, comment, and general status information. M&A would incorporate any agency comtyients into the final annual report. Please note that for budget: planning purposes, only one round of response to regulatory agency comments is included within this scope of work Avenida Pladda .I andshi � ner nPro e_] ct _ _ _ October 13, 2010 Task 3.:Project Managemen The Project Manager (PM) designated for the project shall be Mr. Stephen Rink. As Project Manager, Mr. Rink will function as the day-to-day liaison with the City and will be the point of contact for all administrative and contractual matters. The PV[ will be responsible for meeting schedules, controlling budgets, and fulfilling scoping requirements. The PM will review all products to ensure that they meet the requirements of the scope. COST PROPOSAL 'rhe following; table summarizes the costs for the scope of work described above. A. detailed cost analysis has also been included for your review. The costs reflect the Year 3 monitoring program and would be billed on a time -and -material basis. Any additional surveys or required meetings would be addressed through a separate scope of work. Tasks. Costs 'Cask 1. Field Monitoring � $9,658.20 Task 2. Report Preparation $671236.75 Task 3. Project Management $1,067.00 -- Total: $16,861.95 Merkel & Associates, Inc. has no existing or potential conflicts of interest, other pr€�jects, or commitments that might impair or undermine out ability or integrity regarding the proposed services. We require written authorization to proceed with. this scope of work. If you have questions regarding this proposal, please do not hesitate to call Steve Rink (srinkR,nerkelnc.c-5465.� We look forward to working with you on this project. Sincerely, Keith W. Merkel Principal Consultant & Associates, hie. 408-168-02 Mr. Eric Bauman October 13, 2010 Biological Monitr3rin or the Avenida Plavida Landslide Egg= Project Task Staff Rate/Hour Hours Cast Total 1 Field Monitoring $ 112.00 8,00 $ 896.00 1a. Site Inspections $ 76.00 8.00 S 608.00 Monthly Site Inspeclions Senior Biologist. $ 112.00 60.00 S 6,720.00 Digital Camera Clerical Support $ 59.00 2.75 S 162.25 d31'S Digital Carrera $ 15.00 11.00 $ 165.00 Mileage Mileage $ 0.65 1,354.00 S 885.60 Task Ia Total $ 7.933.85 1a. Annual Monitioring Year 3 Senior Biologist $ 112.00 8,00 $ 896.00 Biological `1°echniciat $ 76.00 8.00 S 608.00 Clerical. Support $ 59.00 0.25 $ 14.75 Digital Camera $ 15.00 1.00 $ 15.00 d31'S S 110.00 1.€10 $ 110.00 Mileage $ 0.55 124.00 S 80.60 GTS Specialist $ Task Ib Total $ 1,724.35 Task 1Total $ 9,658.20 2 Report Preparation $ 112.00 1100 2a. Site inspection Letter Reports 1,344.00 Biological Technician $ Monthly Letter- Reports Senior Biologist $ 112.00 22.00 $ 2,464,00 GIS Specialist Clerical Support $ 59.00 8.25 $ 486.75 $ Reproduction $ 5.00 12.00 $ 60.00 59.00 1.00 Task 2a Total $ 3,01035 2b. Annual Monitoring Reports Year 3 (Draft) Senior Biologist $ 112.00 1100 $ 1,344.00 Biological Technician $ 75.00 5.00 $ 380.00 GIS Specialist $ 86.00 4.00 $ 344.00 Clerical Support $ 59.00 1.00 $ 59.00 Reproduction $ 40.00 4.00 $ 160.00 Year 3 (Final) Senior Biologist $ 112.00 4.00 $ 448.00 GTS Specialist $ 86.00 2.00 $ 172.110 Clerical Support $ 59.00 1.00 $ 59.00 Reproduction $ 40.00 4.00 $ 160,00 Task 2b. Total $ 3,126.00 Task 2 Total S 6;136.75 3 Project Management Principal Consultant $ 218.00 1.00 $ 218.00 Senior Biologist S 112.00 5.00 $ 672.00 Clerical $ 59.00 .3.00 $ 177.00 Task 3 Total $ 1,067,00 GRAND TOTAL, ALL TASKS. Budges Analysis Costs Are Valid For 90 gays Merkel & Associates, inc. #06-168-02 CaminoCapistrano lapistrano Restoradon Site 1PINMINFIT'. T3 Habitat Restoration- Site 4L 0 Placida Habitat Restoration Site 7605 Habitat Restoration Site Acu Canyon Habitat Restoration Site 0 4,000 8,000 16,000 Feet Attachment 3 7 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92.675 (949) 493-1171 ln£osP¢Isr{n SAMALLEVATO LAURA FREESE (949) 493-1053 FAX o (96I Y'1'£'Sa'.$a)9juaMcap1.4(rano.org #fiRE1,11N£9 - THOMAS W. HRIBAR MARK NIELSEN a DR. LONDRES USO TRANSMITTAL Merkel & Associates, Inc. Attn: Mr. Keith W. Merkel 5434 Ruffin Road San Diego, CA 92123 DATE: November 12, 2010 FROM: Kristen Lewis, Administrative Specialist (949) 443-6308 RE: Personal Services Agreement — Biological Reporting and Monitoring 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) 443-6308. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer, at (949) 487-4312. An original agreement is enclosed for your records. Cc, Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Printed an 100% recycled paper