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11-0401_GLENN LUKOS ASSOCIATES_Revised ProposalUTILITY DEPARTMENT APR 2 5 2011 GIV OF SAN JUAN CAPISTRANO GLENN LUKOS ASSOCIATES April 1, 2011 [Revised friday, April 22, 2011] William W. Curry Assistant Utilities Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Regulatory Services SUBJECT: Revised Proposal for Biological Surveys for the Repair/ Reconstruction of an Arizona Crossing of San Juan Creek (Downstream of the Ortega Highway Bridge), San Juan Capistrano, Orange County, California Dear Mr. Curry: Glenn Lukos Associates is pleased to submit this revised proposal for biological surveys, Mr. Tony Bomkamp will lead a staff of qualified field biologists in the performance of general and focused biological services. Mr. Bonikamp is a field botanist and wetlands ecologist with an extensive background in environmental studies. As a botanist, Mr. Bomkamp has over 20 years of diverse field experience in all of the major vegetation communities in Southern California. He is a recognized expert in the Southern California flora and is past President of the Orange County Chapter of the California Native Plant Society. In addition to his duties as a biological consultant, Mr. Bornkamp also serves as part-time faculty at California State University, Fullerton, for the graduate Environmental Studies Program, teaching courses on wetlands and endangered habitats. COSTS The proposed fee for performance of Tasks I through VII, as presented in the attached scope of work, is $23,470 which includes direct costs but which does not include meetings not specifically addressed in the scope of work. The following assumptions are incorporated into the proposed fee: All survey work will be limited to the approximate boundaries of San Juan Creek for a distance of 500 feet upstream. and 500 feet downstream of the Arizona crossing. If offsite 29 Orchard ® Lake Forest ® California 92630-8300 Telephone: (949) 837-0404 Facsimile, (949) 837-5834 William W. Carry City of Sara Juan Capistrano April 1, 2011 [Revised Friday, April 22, 2011] Pale 2 improvements or any offsite work (including soils remediation, fuel modification, etc.) is anticipated, GLA must be so informed so prior to start of work so that we can prepare a revised proposal. • Permission to access the survey areas and keys or combinations to locked gates will be obtained by the client and provided to GLA. Please be advised that GLA cannot perform offsite work orLe are reports about offsite areas without the written permission of those property owners. • Some of the focused surveys proposed herein must be performed within certain windows of opportunity. The bird surveys, for example, must be performed between April 10 and July 31. As the protocol. for these surveys will take 80 days and they must be completed by July 31, these surveys must start no later than early May. ADDITIONAL INFORMATION Section 13. tnc njnLty. To the fullest extent permitted by lava, Consultant agrees to protect, defend, and. hold harmless tide City and its elective and appointive boards, officers, agents, an employees from any acid all clairns; liabilities, expenses, or t€amages of any nature, including attorneys` fees, for injury or death of any person, or damages of any mature, including interference with use of property, arising aut of; or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agent.5, 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, acid Heald harmless the City, is clue 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 arty insurance policies are applicable, The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. William W. Curry City of San Juan Capistrano April 1, 2011 [Revised Friday, April 22, 2011 Page 3 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 V11 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 - owned vehicles in an amount not less than one million dollars per occurrence MATERIALS NEEDED FROM THE CLIENT Prior to the start of work, GLA will need the following materials: I. A recent color aerial photograph of the site at a scale of not less than 200 feet to the inch. Preferably, we would like to have the aerial photograph as a geo-referenced and ortho-rectified digital file (TIFF format). [If a recent aerial photograph is not readily available, we can obtain a digital file for a color photograph from a commercial photo bank for an additional direct cost of approximately $750.] William W. Curry City of San Juan Capistrano April 1, 2011 [Revised Friday, April 22, 2011 Page 4 2. A digital file of the base topographic map of the project area (DWG format), if available. SCHEDULE Fieldwork will begin within two weeks following receipt of authorization to proceed. If you have any questions regarding this revised proposal, please contact Glenn Lukos at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, TNTC. Glenn C. Lukos President cc: Jerry King s:0752-05a2.pro.doe SCOPE OF WORK BIOLOGICAL SURVEYS AND JURISDICTIONAL DELINEATION AT ARIZONA CROSSING DOWNSTREAM OF ORTEGA HIGHWAY BRIDGE SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA TASK I. REVIEW EXISTING MATERIALS Existing maps, documents, databases, and correspondence relative to the proposed project will be reviewed and analyzed. Included in this task will be a review of the California Natural Diversity Database (CNDDB), Federal Register, previous biological documentation prepared for the vicinity, and information regarding wildlife corridors on or near the project site. GLA representatives will attend one scoping meeting with the client. TASK II. PERFORM IIABITAT ASSESSMENT FOR LISTED ANIMALS GLA biologists are already very familiar with the project area and with the species that inhabit the area. Therefore, it will not be necessM to perform a habitat assessment. From our personal experience and a review of the CNDDB and other sources we know that the project area includes habitat for the following special status animal species: Scientific Name Common Name Status Anax pus eali ornicus arroyo toad Federal endangered Coccyzus americanus occidentalis western yellow -billed cuckoo California endangered Empidonax traillii willow flycatcher Federal endangered State exzdan ered Ems marmorata western pond turtle Species of special concern Gila orcuttii arroyo chub Species of special concern Vireo bellii pusillus least Bell's vireo Federal endangered State endangered TASK III. CONDUCT FOCUSED SURVEYS FOR LEAST BELL'S VIREO, SOUTHWESTERN WILLOW FLYCATCHER, AND WESTERN YELLOW -BILLED CUCKOO These three bird species , ould occupy similar riparian habitat if they are present at the site. Therefore surveys for these species can be performed at the same time (except that one additional survey for the cuckoo must be performed outside the season of the other two birds). GLA biologists will conduct protocol presence/absence surveys for the least Bell's vireo (Vireo bellii pusillus) in al areas of suitable habitat within the proposed work area. The surveys will follow the 2001 USFWS survey guidelines, which recommend a minimum of eight survey visits, at least text days apart, between April 10 and July 31 with each survey covering no more than 50 hectares (approximately 110 acres) and no more than three linear kilometers. Following the completion of focused surveys, GLA will incorporate the results of the surveys into the Biological Technical R.cport. A GLA biologist holding a valid Section 10(a)(1)(A) permit will conduct protocol presence/ absence surveys for the southwestern willow flycatcher (Empidonax traillii extimus) in all areas of suitable habitat witll.in. the proposed work area. The surveys will follow the 2010 USFWS survey guidelines (1 Natural History Summary and Survey Protocol for the Southwestern Willow Flycatcher by Sogbe et al.). The survey protocol requires five surveys divided among three survey periods (beginnlii_g May 15 and ending July 17), to be conducted for project related. purposes. One survey is to be conducted during Survey Period 1 (May 15 to May 31). Two surveys are to be conducted during Survey Period 2 (June 1 to June 24). Two surveys are to be conducted during Survey Period 3 (June 25 to July 17). All surveys are to be conducted at least five days apart. A GLA biologists holdi i- a valid. CDFG Scientific Collection Permit (SCP) /Memorandum of Understanding (MO U) will conduct protocol presence/absence surveys for the western yellow - billed cuckoo (Coccyzils americanus occidentalis) in all areas of suitable habitat within the proposed work area. i lie- surveys will follow the draft Western Yellow -billed Cuckoo Natural History Summary <lt,ii ' 'Lirvey Methodology (> lalterman et al 2009). The survey protocol is requires that a total of four surveys be conducted between the middle of June to early September. Specifically, one sl wc,y must be conducted in each of four survey periods: Survey Period 1 (early June to late Jtmcc ). Per-od 2 (late June to mid-July), Survey Period 3 (mid-July to early August), and Survey l't°ciod 4 (early August to early September). Surveys must be at least 12 days apart and no ni.oi :,. tf, 20 days apart. TASK IV. PEIZ , %'- ";.[�M SURVEYS FOR ARROYO TOAD Protocol surveys l'ut- 6, - , croyo toad do not require a Section 10(a)(1)(A) permit from USFWS. USFWS protocol c�rIk six surveys to be conducted between March 15 and July 1 with at least seven days betwel L:. sr:rvey. At least one of the surveys shall be conducted in April and May and June. Each �1 %all consist of both a daytime and nighttime component (conducted within the same 24-1ic;,ir I)eriod). Protocol calls for the cessation of surveys as soon as the presence ofarroyo i r<<i,.5 is documented. For the daytime st;t vc; {�., L GLA biologist will map arroyo toad habitat suitability and search for the presence of ar:: i,. td eggs; larvae, or_juveniles by walking slowly along stream margins and in adjacent rile: €:..:: I � abitat. Nighttime surveys performed 'between one hour after dusk and midnight when the air temperature is 55 (1, Fah.renheit or greater. Nighttime surveys will not be performed if eggs, larvae, or juvenile:;':; : , been detected. For nighttime surveys the GLA biologist will walk along stream banks, stop,,; appropriate sites and remaining silent and still for 15 minutes to wait for arroyo toads to calling_ For safety purposes nighttime surveys will be performed by a biologist accompt : a field assistant. Data will be eollc c;::• r;J recorded in field notebooks and on aerial photographs and topographic maps. Locations ved. vireos will be included on the Biological Resources Map. Following the cor,,-:.',�tson of surveys, a report will be prepared to document the results of our findings. This rel--'� be submitted to the client for review and approval. USFWS survey protocol requires i' f report be submitted to USFWS within 30 days of completion of the field season in or(! ;.he s�rrveys to be accepted as documentation of the presence/absence of the arroyo toad. TASK V. Gti `-r SURVEYS FOR ARROYO CHUB From our previoU, III Safi Tuan Creek we know that arroyo chub occupy this portion of the creek. Therefore : s u r vcys would be superfluous. We recommend that the presence of the arroyo chub be tis �Md be prepared that the regulatory agencies will require biological monitors at the site , I- g coiistrElction. TASK VL c -fir > VEYS FOR SOUTHWESTERN POND TURTLE GLA biologists %,, ci 1oc'ased visual presence/absence surveys for the southwestern pond turtle (Actinemyti ar.a pailida) in all areas of suitable habitat within the proposed work area. The survey(,$) ', Follow the USGS Western Pond Turtle (Emyr marmorata) Visual Survey Protocol "oLil ,coast Ecoregion Survey Protocol (Version 1, 2006). Surveys should be conducted dura; of greatest pond turtle activity, typically during the breeding season (May -July), a;�, ���ru! ��;rtle s have not left the water to aestivate or overwinter in the uplands. Survey; �� )1�cr, down in 250 in segments. The pond turtle sr:, be performed during the course of performing other surveys in the vicinity of San therefore, there will be no additional cost for these surveys. TASK VII. l' t ZVEY REPORTS GLA biologist wi '; i,, a single report that will address the five species being surveyed. The report will contiii ; ')rj,,afiori necessary for the resource agencies to concur with findings as to the presence/a'.:, � i� those• species. DIRECT EXPI'' GLA's direct exec 11 be [hose costs incurred directly for the CLIENT's project, including, but not limited to, ry ttaosportation costs including mileage by automobile at the current rate allowed by IRS,,,. ; o (i < i rig, laboratory tests and analyses, retention and management of technical consult Mid binding charges. Reimbursement for these expenses shall. be on the basis ofactu.,i':•iezi Furnished by GLA. An administrative charge of 15% shall be applied to all dit. cliarge,s. The table below has been developed to aid us in estimating the total cost of tl -<i work and is provided for your information only. Unless otherwise arranged with 6 . cosi of each task is not meant to be precise and we may find it necessary to slii l i %,!e c 3) insks as the work proceeds. TASK TOTAL COSTS [tiformatim $1,450 t..rt Assessment $0 '!rd �')Urvc s $10,410 Toad Su veys $6,560 VA' 0 Chub Surveys $0 ,steric Pond Turtle Surveys $0 iIoJ,ical Survey Report $5,050 $23,470 AUTHORIZATION FOR PROFESSIONAL SERVICES Regulatory Services Date: April 1, 2411 Project Number: 0752-0005sic Project Name: Provide Biological Surveys for the Repair/Reconstruction of an Arizona Crossing of San Juan Creek (Downstream of the Ortega Highway Bridge), San Juan Capistrano, Orange County Client: City of San Juan Capistrano Address: 32400 Paseo Adelanto, San Juan Capistrano, California 92675 hereby requests and authorizes GLA to perform the following services: SCOPE OF SERVICES See proposal letter dated April 1, 2011. SCHEDULE To begin within two weeks following receipt of .formal authorization to proceed. COMPENSATION The proposed fee is $23,470 including direct costs, but not including meetings or other tasks not specifically addressed in the scope of work. Jayment4,)-r ��i the * shall serve n �s eceed s 0M* flit-Wi4vvePP1ieu to the ,E..,duetea F..om MISCELLANEOUS The services covered under this agreement are subject to federal agency involvement beyond the control of GLA. The proposed fee reflected in this agreement is based on our best estimates, as of this date, of the nature and results of this agency involvement. Should agency actions during the life of this agreement require readjustment of the fee, the client will he advised and anew fee will be mutually agreed upon. Services covered by this authorization shall be performed in accordance with STANDARD PROVISIONS stated herein. Approved for CLIENT Accepted for GLA By_ _--�_..-- ---- = _ ........ By Name 'F - Title - Date x:0752-5a.con.doc 29 Orchord § Lake Forest Telephone: (949) 337-0404 1Varrie __--Glenn Lukas — Title-.._.- President___� Date A rii 1 2411. California 92630-3300 Facsimile: (949) 337-5334 32400 PASED ADELANTO MEMBERS OF THE ciTy COUNCIL SAN JUAN CAPISTRANO, CA 92675 iif (949) 493-1174 IN SAMALLEVATO (949) 493-1053 rAx •WWOR041 LAURAFREESE mqv sa njuancapis tran o o rg7LARRY KRAMER 76 DEREK REEVE JOiiN TAYLOR Notice to Proceed TO: Glenn Lukos Associates Attn: Glenn Lukos 29 Orchard Lake Forest, CA 92630 Project: Biological Surveys for the Repair/Reconstruction of an Arizona Crossing of San Juan Creek (Downstream of the Ortega Highway Bridge), San Juan Capistrano, Orange County, California Amount of Contract: $23,470.00 You are hereby notified to commence work on the referenced contract on May 4, 2011, and to fully complete all of the work of said contract when services are no longer required. Dated this 4 th Day of May 2011 u in Kir Se ior Ma Agement Analyst Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of 2011. By: —Title: Date Cc: West Curry, Assistant Utilities Director San ,Juan- apistrano., Presevving the Past to Enhance the Fature 32400 PAS90 ADE=LANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX w w.sanjuancapistrana t TRANSMITTAL TO: Glenn Lukos Associates 29 Orchard Lake Forest, CA 92630-8300 DATE: May 4, 2011 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO j(�(V l€il&PUABiEB LAURAFREESF_ EsrelLlseEn 896 LARRY KRAMER 1776 DEREK REEVE m JOHN TAYLOR FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement for Biological Surveys for Repair/Reconstruction of an Arizona Crossing of San Juan Creek. Thank you for providing 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 concerning the agreement, please contact Justin Kirk, Senior Management Analyst at (949) 443-6381. An original agreement is enclosed for your records. Cc: Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future