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