12-0320_CHAMBERS GROUP, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 90"day
ofMyLIL, 2012, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and "Chambers Group, Inc." (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
request for proposals to Provide Habitat Monitoring and Reporting Services for the Acu
Canyon, Terminal Reservoir No. 3, and Placida Habitat Restoration Projects for 2012-
2013; and
WHEREAS, Consultant is qualified byvirtue 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 the Consultant shall consist of those tasks
set forth in Exhibit 'A" described as the Consultant's Proposal of February 8, 2012,
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 27 months after the effective
date.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $46,500 total
contract amount, including expenses, mileage, printing, and other costs related to the
performance of the work; as set forth in Exhibit "A," described as the cost proposal
submitted by Consultant, dated February 8, 2012, attached and incorporated herein by
reference.
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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.
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 the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency'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 the 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 priorwritten approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the 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
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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.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws,ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the 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, after Consultant has
received payment for the same, and shall be delivered to the City upon demand without
additional costs or expense to the City. The City acknowledges such documents are
instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
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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 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-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
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14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers'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 insured 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, if the Consultant's General Liability
Insurance excludes "errors and omissions," the 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
insurance requirements of this Agreement.
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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 RE, Director of Public Works
To Consultant: Chambers Group, Inc.
5 Hutton Centre Drive, Ste 750
Santa Ana, CA 92707
Attn: Craig Neslage, Vice President
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.
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[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY YOF AN N JUCAPISTR �NO
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ramer, ay
CONSULTANT
By: jmtiL
CrhIg Nesfaje,V4ce ffresident
A i
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APPROVED AS TO FORM:
I
'd JlAAAZJ
Omar Sand val, City Attorney
7
SDfvinl;F.'mircnmenml C'hallengex
February 8,2012
Eric Bauman
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,California 92675
SUBJECT: Proposal to Provide Monitoring Services for the Acu Canyon,Terminal Reservoir No.3,and
Avenida Placida Restoration Sites Located in the City of San Juan Capistrano,California
Dear Mr.Bauman:
Chambers Group, Inc. (Chambers Group) is pleased to provide the City of San Juan Capistrano (the City)
with this scope of work and cost proposal for mitigation services associated with remediation work for
the 0.26-acre Terminal Reservoir No. 3 riparian restoration site, the 0.34-acre Acu Canyon riparian
restoration site, and 4.92 acre Avenida Placida coastal sage scrub restoration site. These restoration
sites are located in the City of San Juan Capistrano, California (Project). Chambers Group will complete
the scope of work In three general tasks: (1) Monthly and Annual Field Surveys, (2) Monthly and Annual
Reporting,(3)Replanting Oversight,and(4) Project Management.
SCOPE OF WORK
Chambers Group can commence work on this project as soon as written notice to proceed is received.
The scope of work will be completed as described below.
Task 1: Monthly and Annual Field Surveys
Chambers Group biologists will conduct monthly and annual monitoring surveys for each restoration site
to assess the status of the wetland enhancement effort at the Acu Canyon and Terminal Reservoir No.3
project sites and the coastal sage scrub restoration effort at the Avenida Placida project site.Monitoring
will begin in March of 2012 and continue through December 2013. During the monthly monitoring
surveys, the biologists will qualitatively assess the progress of the project sites. During the annual
monitoring visits, the biologists will qualitatively and quantitatively assess the progress of the project
sites. Quantitative monitoring will be conducted using point intercept transects and quadrat
methodologies. Data collected during the annual monitoring surveys will include: percent cover of
native and non-native vegetation within the planting areas, percent cover of each species within the
planting areas, and the percent survival of container plantings installed at each site. Site photographs
from fixed locations will also be taken during each monitoring visit.
Exhibit A
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E. Bauman
February 8,2012
Page 2
Note: Under this scope of work and cost proposal, Chambers Group assumes that monthly monitoring
surveys will commence in March 2012 and conclude In December 2013. Chambers Group also assumes
two annual monitoring surveys; the first survey will be conducted during the spring of 2011 and the
second survey will be conducted during the spring of 2013.
Task 2:Monthly and Annual Monitorina Reports
Chambers Group will submit a monthly monitoring report to the City within two days of completing each
monthly survey.The monthly monitoring reports will include a description of the overall site conditions
and recommendations for specific maintenance measures to ensure successful plant establishment.The
monthly monitoring reports will consist of a two page checklist and a recommendations section. The
monthly reports will also include site photographs.
Chambers Group will submit draft annual monitoring survey reports detailing the results of the survey to
the City within one month of completing the annual monitoring visit. The annual reports will provide a
detailed analysis of the data gathered during the site visit and include recommendations for remedial
maintenance actions, if necessary.These suggested maintenance actions will ensure permit compliance
and the reaching of restoration success criteria requirements. Each annual monitoring report will
contain up to 20 pages of text including tables,and up to 10 graphics. Chambers Group will provide two
draft copies of the annual report to the City for review, and will Incorporate one round of consensus
comments into a final annual report within two weeks of receiving the comments. Chambers Group will
provide up to four copies of the final annual reports to the City to submit to the interested agencies.
Note:Chambers Group assumes Jour annual reports under this cost and scope of work.
Task 3: Replanting Oversight
A chambers Group biologist will assist the City and the Landscape Contractor with replanting efforts at
each site.Under this task,the biologist will make plant pallet recommendations and assist the landscape
contractor with proper plant placement within the restoration areas.
Note:This cost estimate does not include the preparation of habitat mitlgotion and monitoring plan.
Task 4: Project Management
The Chambers Group Project Manager designated for this project will function as the day-to-day liaison
to the City. The Project Manager will also be the main point of contact for all administrative and
contractual matters including: scheduling, controlling budgets, fulfilling scoping requirements, and
quality control and assurance.
'1 i�
E. Bauman
February 8,2012
Page 3
COSTS
The services described in each task will be performed on a time-and-materials basis,as shown below.
Task Task Name Cost
1 Monthly and Annual Field Surveys $22,500.00
2 Monthly and Annual Monitoring Reports $16,900.00
3 Replanting Oversight $3,300.00
4 Project Management $3,700,00
Totalfor Tasksl-3 $46,500.00
ASSUMPTIONS
• The cost and schedule are based on our best judgment of the requirements known at the time of
the proposal and can be influenced favorably or adversely by agency coordination needs and other
circumstances. Chambers Group will endeavor to perform the services and accomplish the
objectives within the proposed budget and schedule; however, If the scope of work or schedule
changes,Chambers Group reserves the right to revise our casts accordingly.
• Chambers Group assumes that,by receipt of notice to proceed, full access to the properties will be
provided, including keys to locked gates and advance notice to property owners of our right of
entry.Should Chambers Group be denied access to any of the properties at the time prearranged for
the monitoring visits, the additional costs Incurred by our staff will be billed separately on a time-
and-materials basis.
• If replacement planting Is recommended, Chambers Group assumes that the City will hire a
Landscape Contractor for such work. Chambers Group also assumes the Landscape Contractor will
be responsible for all maintenance work.
AUTHORIZATION
Chambers Group prepared this proposal solely for your internal use in evaluating Chambers Group's
business proposal. Chambers Group considers the pricing and other business information the property
of Chambers Group. This proposal and the Information contained herein shall not be used for any
purpose other than as specifically stated in this proposal and shall not be disclosed to any other party
without Chambers Group's written consent.
ft l w
E.Bauman
February 8,2012
Page 4
This scope of work will be performed under the terms and conditions specified in a new contract
between The City of San Juan Capistrano and Chambers Group. If this scope of work and cost meet your
satisfaction,please execute one copy of this letter and return it to Chambers Group as our authorization
to begin work. The schedule and cost quoted herein are valid for 30 days. Please do not hesitate to
contact me at (949) 261-5414 ext. 7248 to discuss these services in more detail. As always, we look
forward to assisting you.
Sincerely, Authorized By:
CHAMBERS GROUP,INC. The City of San Juan Capistrano
Nichole Cervin
Staff Biologist Signature
Date
hambers Group
f ,.
3/20/2012
AGENDA REPORT D5
TO: Karen P. Brust, City Ma P"'I
FROM: Nasser Abbaszadeh, Publi OWorks Director
Keith Van Der Maaten, Utilities Director
SUBJECT: Consideration of Approval of the Personal Services Agreement for Habitat
Restoration Monitoring for Calendar Years 2012 and 2013 at Acu Canyon,
Terminal Reservoir No. 3, and Placida; (Chambers Group, Inc.) (CIP Nos.
07811, 07803, 09211)
RECOMMENDATIONS-
By motion:
1) Approve the Personal Services Agreement in the amount of $46,500 with Chambers
Group, Inc. for Calendar Years 2012 and 2013 for Habitat Restoration Monitoring
Services at Acu Canyon-site, Terminal Reservoir No. 3 Project, and Placida Site;
and,
2) Authorize the City Manager to approve changes in a total amount not to exceed 10%
of the contract value.
SITUATION,
The construction of the 7605 Reservoir (760S) (July 2006), the Terminal Reservoir No.
3 (T3) (November 2006), the restoration of the impacts from the Placida landslide
(Placida) (February 2006), and the emergency repair of a landslide at Camino
Capistrano (February 2005), all impacted native habitat. These impacts necessitated
the establishment of mitigation habitat on-site as well as off-site (Attachment 1, location
map). In order to manage this program, the City has retained consultants to monitor and
maintain these sites. The City had previously contracted with Merkel and Associates,
Inc. (Merkel) to monitor the Acu Canyon-site (Acu), T3 site and the Placida site.
As of January 2, 2012, this agreement expired and City Staff has performed the
monitoring tasks. Staff has solicited proposals from four qualified local firms to perform
the monitoring and received four responses. Staff recommends the selection of
Chambers Group, Inc. and the approval of the Personal Services Agreement for this
work (Attachment 2).
Agenda Report
Page 2 March 20, 2012
Background:
The Resource Agencies, in granting their respective permits, have mandated that the
City retain a habitat restoration monitor that provides the following services:
® Evaluation of the progress of the maintenance contractor at the site,
N Monthly reports on the status,
O Direction to the maintenance contractor for the removal of invasive species, and
Annual reports to be submitted to the Resource Agencies.
As a result, the City has been required to restore and maintain:
0 17.0 acres of coastal sage, including 0.529 acres of wetlands at the 760S site;
• 0.34 acres of wetland at the Acu site;
• 0.26 acres of wetland at the T3 site; and,
• 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.
Ed Stewart and Associates, Inc. are under contract to maintain all these sites for
Calendar Years 2012 and 2013. Dudek Engineering is under contract to monitor and
report on the progress of the 760S site for Calendar Years 2012 and 2013. The
proposed agreement provides monitoring services for the remaining sites: Acu, T3, and
Placida sites.
Staff solicited proposals from four qualified local firms for this work consisting of monthly
monitoring and reporting from March 2012 -- December 2013, and annual reporting to
the resource agendas for Calendar Years 2012, and 2013. Four proposals were
received with costs as follows:
Firm Total Contract for work.
Bonterra Consulting1 $48 054
Chambers Group Inc. $46,500
Dudek $65,810 I
Merkel and Associates, Inc. $72,283
Staff recommends Chambers Group, Inc. since its proposal covers all the required work
at the lowest cost.
In 2008, the Acu site was established as off-site compensatory riparian restoration area
since the 760S and T3 sites had insufficient suitable land area. The 760S site
1 The Army Corps of Engineers (ACOS), the California Department of Fish and Game (CDFG), the
Regional Water Quality Control Board (RWQCB), and U.S. Fish &Wildlife Service (FWS)
Agenda Report
Page 3 March 20, 2012
mitigation was established on-site (July 2007), with a component of the riparian
restoration off-site at the Acu site (June 2007). The mitigation for T3 was developed on-
site (June 2007), and a portion was subsequently moved off-site to establish the Acu
site in 2008. The Acu site required the installation of additional plants in 2011; setting
the site on course for an anticipated completion of the maintenance phase to December
2014.
The mitigation for T3 site was developed orb-site (June 2007). The site required the
installation of additional plants in 2011; setting the site on course for anticipated
completion of the maintenance phase to December 2014.
The Placida site habitat restoration was established on-site (September 2008). Poor
growth of seeded plants required the installation of additional container plants in 2011;
setting the site on course for anticipated completion of the maintenance phase to
December 2014.
COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS:
The Utilities Commission reviewed this item at its meeting of February 21, 2012, and
voted unanimously to recommend approval.
FINANCIAL CONS]DERATIONS:
Chambers Group, Inc.'s proposal of$46,500 covers expenditures of$10,000 at the Acu
site, $15,500 at T3 site, and $15,500 at the Placida site to be spent between March
2012 and December 2013.
The Water Enterprise CIP No. 07881 budget for the 760S site, which includes the Acu
site restoration, has unencumbered funds totaling $176,630. In the table below, the
portion of Chambers Group, Inc.'s contract at the Acu site of $15,500 over the next two
years (March 2012 to December 2013) is highlighted and shown in the context of the
estimate of other project expenditures.
2012 2012 2013 2013
Site CIP Q1&Q2 Q3& Q4 Q1 & Q2 Q3& 04
760SI Acu 7811
Fund Available
Funds Carried Over $176,630 $136,462 $96,293 $57,205
Transfer out , in+ $0 $0 $0 $0
New Funds $0 $0 $0 $20,000
Funds Available $176,630 $136,462 $96,293 $77,205
7605 Monitor
(Dudek) $10,350 $10,350 $9,270 $9,270
Monitor Acu CGI. $3,876 $3,875 $3,875 $3,875
Maint ESA $18,144 $18,144 $18,144 $18,144
Staff& Other $7,800 $7,800 $7,800 $7,800
Funds Remaining $136,462 $96,293 1 $57,205 1 $38,116
Agenda Report
Page 4 March 20, 2012
The Water Enterprise CIP budget for CIP No. 07803 for T3 currently has $20,000. In
the table below, the portion of Chambers Group, Inc.'s contract at the Terminal
Reservoir No. 3 site of $15,500 over the next two years (March 2012 to December
2013) is highlighted and shown in the context of the estimate of other project
expenditures.
2012 2012 2013 2013
Site ! CIP Q1 &Q2 Q3 & Q4 Q1 & Q2 Q3 & Q4
T3 _ __ 7803
Fund Available 1
Funds Carried Over i $20,000 $10,317 $10,634 $10,951
Transfer Loy, in+ $0 $0 $0 $0 !
New Funds $a $101000 $10,000 $10,000
Funds Available 1 $20,000 $20,317 $20,634 $20,951
Molitor. CGI : ($3;875 $3,875 $3,875) $3,875
Maint ESA $3,858 $3,858 $3,858 $3,858
Staff&Other $1,950 $1,950 _ $1,950 $1,950
Funds Rernainin $10,317 $10,634 $10,951 $11,268
The Parks and Open Space Enterprise CIP budget for CIP No. 09210 for Placida
currently has $77,755. In the table below, the portion of Chambers Group, Inc.'s
contract at the Placida site of $15,500 over the next two years (March 2012 to
December 2013) is highlighted and shown in the context of the estimate of other project
expenditures.
2012 2012 2013 2013
Site CIP Q1 &Q2 Q3 & Q4 Q1 & Q2 ! Q3& 04
Placida 9211
Fund Available 1� E
Funds Carried Over $77,755 I $48,285 ; $34,550
Transfer (out), in+ ' $q _$63,020__$a $0 ' $0
New Funds $0 $0 $1,000
_ $5,000
Funds Available $77,755 $63,020 ______$49,285 $39,550
Monitor CGI. $3,875 $3,875 ($3,875) $3;875
Mains ESA $6,960 $6,96q $6,960 $6,960
Staff& Other �$3,900) $3,900 $3,900 $3,900_)
Funds Remainin $63,020 $48,285 L $34,550 $24,815
All the sites will have sufficient funds for the work to be performed in Fiscal Year
201112012. The continued execution of this work will require the transfer of additional
funds from their respective CIP funds in future fiscal years. Staff recommends the
selection of Chambers Group, Inc.
Agenda Report
Page 5 March 20, 2012
NOTIFICATIONS:
Bonterra Consulting
Chambers Group, Inc.
Dudek
Merkel & Associates, Inc.
RECOMMENDATION:
By motion:
1) Approve the Persona[ Services Agreement in the amount of $46,500 with Chambers
Group, Inc. for Calendar Years 2012 and 2013 for Habitat Restoration Monitoring
Services at, Acu Canyon-site, Terminal Reservoir No. 3 Project, and Placida Site;
and,
2) Authorize the City Manager to approve changes in a total amount not to exceed 10%
of the contract value.
Respectfully submitted,,:, Respectfully submitted,
� Nagser Abbaszadeh, P.E. Keith Van Der Maaten, E.
Pw lic Works Director Utilities Director
�.s
Prepared by,
Eric Bauman, P.E.
Utilities Engineer
Attachment(s):
1. Location Map
2. Personal Services Agreement-Monitoring
City of San Juan Capistrano
Habitat Restoration Sites
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T3 Habitat
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PERSONAL SERVICES .AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of , 2012, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and "Chambers Group, Inc." (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
request for proposals to Provide Habitat Monitoring and Reporting Services for the Acu
Canyon, Terminal Reservoir No. 3, and Placida Habitat Restoration Projects for Calendar
Years 2012-2013; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks
set forth in Exhibit 'A" described as the Consultant's Proposal of February 8, 2012,
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 27 months after the effective
date.
Section 3, Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed$46,500 total
contract amount, including expenses, mileage, printing, and other costs related to the
performance of the work; as set forth in Exhibit "A," described as the cost proposal
submitted by Consultant, dated February 8, 2012, attached and incorporated herein by
reference.
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ATTACHMENT 2
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.
3.3 Records of Expenses.
I 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 the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Indeoendent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
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Section 5. Limitations Upon Subcontracting and Assi nment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the 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 the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
.1 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.
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Section 6. Changes to Scope-of Work.
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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
i 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.
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Section 7. Familiarily 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
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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.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
I 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, after Consultant has
received payment for the same, 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.
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Section 13, Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
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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 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.
1 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.
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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
j better.
14.1 Comprehensive General Liability.
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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.
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14.2 Comprehensive Automobile Liability.
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Throughout the term of this Agreement,Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
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14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers'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 insured 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
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Throughout the term of this Agreement, if the Consultant's General Liability
Insurance excludes "errors and omissions," the 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 CancellationlTermMation 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) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Perms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
j 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.
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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 RE, Director of Public Works
To Consultant: Chambers Group, Inc.
5 Hutton Centre Drive, Ste 750
Santa Ana, CA 92707
Attn: Craig Neslage, Vice President
Section 17. Attorneys` l=ees.
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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.
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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").
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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.
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[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Larry Kramer, Mayor
CONSULTANT
I By:
C ges a9 jiVce qresident
ATTEST:
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Maria Morris, City Clerk
APPROVED AS TO FORM:
01ASDA
Omar Sandoval, City Attorney
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February 8, 2012
Eric Bauman
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,California 92675
SUBJECT: Proposal to Provide Monitoring Services for the Acu Canyon,Terminal Reservoir No.3,and
Avenida Placida Restoration Sites Located in the City of Saar Juan Capistrano,California
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Dear Mr.Bauman:
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Chambers Group, Inc. (Chambers Group) is pleased to provide the City of San Juan Capistrano (the City)
with this scope of work and cost proposal for mitigation services associated with remediation work for
the 0.26-acre Terminal Reservoir No. 3 riparian restoration site, the 0.34-acre Acu Canyon riparian
restoration site, and 4.92 acre Avenida Placida coastal sage scrub restoration site. These restoration
sites are located in the City of San Juan Capistrano, California (Project). Chambers Group will complete
the scope of work in three general tasks: (1) Monthly and Annual Field Surveys, (2) Monthly and Annual
f Reporting, (3) Replanting Oversight,and (4)Project Management.
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SCOPE OF WORK
Chambers Group can commence work on this project as soon as written notice to proceed is received.
The scope of work will be completed as described below.
Task 1: Monthly and Annual Field Surveys
Chambers Group biologists will conduct monthly and annual monitoring surveys for each restoration site
to assess the status of the wetland enhancement effort at the Acu Canyon and Terminal Reservoir No. 3
project sites and the coastal sage scrub restoration effort at the Avenida Placida project site. Monitoring
will begin in March of 2012 and continue through December 2013. During the monthly monitoring
surveys, the biologists will qualitatively assess the progress of the project sites. During the annual
monitoring visits, the biologists will qualitatively and quantitatively assess the progress of the project
sites. Quantitative monitoring will be conducted using point intercept transects and quadrat
methodologies. Data collected during the annual monitoring surveys will include: percent cover of
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native and non-native vegetation within the planting areas, percent cover of each species within the
t planting areas, and the percent survival of container plantings installed at each site. Site photographs
from fixed locations will also be taken during each monitoring visit.
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Exhibit A
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r;Cat;;±s;e.t Csis,3t�ied Veteran�fA5lC.#''Ss�istar�r��-=
E.Bauman
February 8, 2012
Page 2
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Note: Under this scope of work and cost proposal, Chambers Group assumes that monthly monitoring
surveys will commence in March 2012 and conclude in December 2013. Chambers Group also assumes
two annual monitoring surveys; the first survey will be conducted during the spring of 2012 and the
second survey will be conducted during the spring of 2013.
Task Z:Month! and Annual Mqnitarin ate arts
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Chambers Group will submit a monthly monitoring report to the City within two nays of completing each
monthly survey.The monthly monitoring reports will include a description of the overall site conditions
and recommendations for specific maintenance measures to ensure successful plant establishment,The
monthly monitoring reports will consist of a two page checklist and a recommendations section. The
monthly reports will also include site photographs.
1 Chambers Group will submit draft annual monitoring survey reports detailing the results of the survey to
the City within one month of completing the annual monitoring visit. The annual reports will provide a
detailed analysis of the data gathered during the site visit and include recommendations for remedial
maintenance actions, if necessary.These suggested maintenance actions will ensure permit compliance
and the reaching of restoration success criteria requirements. Each annual monitoring report will
contain up to 20 pages of text including tables,and up to 10 graphics. Chambers Group will provide two
draft copies of the annual report to the City for review, and will incorporate one round of consensus
comments into a final annual report within two weeks of receiving the comments. Chambers Group will
provide up to four copies of the final annual reports to the City to submit to the interested agencies.
Note:Chambers Group assumes four annual reports under this cost and scope of work.
Task 3: Replanting Oversight
A chambers Group biologist will assist the City and the Landscape Contractor with replanting efforts at
each site. Under this task,the biologist will make plant pallet recommendations and assist the landscape
Contractor with proper plant placement within the restoration areas.
Note:This cost estimate does not include the preparation of habitat mitigation and monitoring plan.
Task 4:Proiect Management
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The Chambers Croup Project Manager designated for this project will function as the day-to-day liaison
to the City. The Project Manager will also be the main point of contact for all administrative and
contractual matters including: scheduling, controlling budgets, fulfilling scoping requirements, and
quality control and assurance.
a._;-r :e=z •:: ..::-., Hrr :"_ -->a T' `.' .� ,w_', .,air':: '�". - .,Y,. �;'
E. Bauman
February 8,2012
Fuge 3
COSTS
The services described in each task will be performed on a time-and-materials basis,as shown below.
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1 Monthly and Annual Field Surveys $22,500.00
2 Monthly and Annual Monitoring Reports $16,900.00
3 Replanting Oversight $3,300.00
4 Project Management $3,700.00
Total for Tasks 1-3 $46,500,00
ASSUMPTIONS
■ The cost and schedule are based on our best judgment of the requirements known at the time of
the proposal and can be influenced favorably or adversely by agency coordination needs and other
circumstances. Chambers Group will endeavor to perform the services and accomplish the
objectives within the proposed budget and schedule; however, if the scope of work or schedule
changes,Chambers Group reserves the right to revise our costs accordingly.
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Chambers Group assumes that, by receipt of notice to proceed,full access to the properties will be
provided, including keys to locked gates and advance notice to property owners of our right of
entry.Should Chambers Group be denied access to any of the properties at the time prearranged for
the monitoring visits, the additional costs incurred by our staff will be billed separately on a time-
and-materials basis.
■ if replacement planting is recommended, Chambers Group assumes that the City will hire a
Landscape Contractor for such work. Chambers Group also assumes the Landscape Contractor will
be responsible for all maintenance work.
AUTHORIZATION
Chambers Group prepared this proposal solely for your internal use in evaluating Chambers Group's
business proposal. Chambers Group considers the pricing and other business information the property
of Chambers Group. This proposal and the information contained herein shall not be used for any
purpose other than as specifically stated in this proposal and shall not be disclosed to any other party
without Chambers Group's written consent.
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E.Bauman
February B, 2012
Page 4
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This scope of work will be performed under the terms and conditions specified in a new contract
between The City of San Juan Capistrano and Chambers Group. if this scope of work and cost meet your
satisfaction,please execute one copy of this letter and return it to Chambers Group as our authorization
to begin work. The schedule and cost quoted herein are valid for 30 days. Please do not hesitate to
contact me at (949) 261-5414 ext. 724$ to discuss these services in more detail. As always, we look
forward to assisting you.
Sincerely, Authorized By:
CHAMBERS GROUP,INC. The City of San Juan Capistrano
Nichole Cervin
j Staff Biologist Signature
Date
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f�M4A
32400 PASEO ADELANTO iii MEMBERS OF THE CITU COUNCIL
SAN JUAN CAPIST RANO,CA 92675 ,
(949)493.1171 LAM AFREESE
TO
(949)4931053 FAx j 1 uatrtuut LARRAFRAME
t$lttl1t1t1 � 196) tARRVKRAMER
www.sanjuancapistrano.org 1776 DEREK REEVE
• • JOHN TAYLOR
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 20,
2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approval
of the Personal Services Agreement for Habitat Restoration Monitoring for Calendar
Years 2012 and 2013 at Acu Canyon, Terminal Reservoir No. 3, and Placida;
(Chambers Group, Inc.) (CIP Nos. 07811, 07803, 09211)" — Item No. 135.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, March 19, 2012, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Eric Bauman, Utilities
Engineer. You may contact that staff member at (949) 487-4312 with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk(cD.sanivancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Bonterra Consulting; Chambers Group, Inc.; Dudek; Merkel & Associates
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO AOELANTO MEMBERS OF THE CItt COUNCIL
SAN JOAN CAPISTRANO,CA 92675 SAMA1WATO
(949)49&1171 nn,nn111 LAURA FREESE
(949)4931053 F" � I
D10111411961 DERV ER
wwwsanjuancapistr1776REEVE ano.oJg V7B DEREK REEVE
• • JOHN TAYLOR
TRANSMITTAL
TO:
Chambers Group, Inc.
Attn: Craig Neslage, Vice President
5 Hutton Centre Drive, Ste 750
Santa Ana, CA 92707
DATE: April 5, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Personal Services Agreement — Habitat Monitoring for Auc Canyon, Terminal Res. No. 3
and Placida Habitat Restoration Projects for 2012-2013
Thank you for maintaining documentation confirming compliance with the terms of the
agreements related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreements. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
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
H BxoceB e ,mx acyem reFa.
Today's Dater Ig
ay
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CONTRACT TRANSMITTAL
CIP No. (if any): me LlI
Project Manager's Last Name: f/ UU,6%JK Phone Extension: ��12
Council or CRA Meeting Date (if applicable): j2DbW CITY OF
SAN JUAN CAPISTRANO
APPROVING AUTHORITY: (Check One)
0
Mayor ,
DO NOT REMOVE
CRA Chair
City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded—only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement: (Not necessary if information is included in the contract)
Names Street City St Zi
OTHER INSTRUCTIONS:
.� rov��vtl-V1�r� �n � �f't�•� 1� o� , 51��
O
Christy Jaki
From: Christy Jakl
Sent: Thursday, April 05, 2012 10:20 AM
To: Eric Bauman
Subject: Chambers Group PSA
Attachments: 2012 Chambers Group PSA.pdf
Good Morning,
Attached is the Chambers Group PSA.
Thanks!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
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