12-0904_GLENN LUKOS AND ASSOCIATES_Personal Services Agreement First AmdFIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN JUAN CAPISTRANO ("City") and Glen Lukos and Associates, Inc.,
("Consultant") is made and entered into, to be effective the 16th day of July, 2013, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated September 4, 2013, to provide Biological Monitoring and Habitat Mitigation
Monitoring services for the Sun Ranch Drainage Improvement Project (CIP 11503) (the
"Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to the amend Sections of the Agreement as follows:
Section1. Scope of Work
The scope of work shall be expanded to include those additional tasks as described in
the attached Revised Request for Change Order dated November 20, 2012.
Section 3. Amount
Total compensation for the additional scope of work set forth in the attached Revised
Request for Change Order dated November 20, 2012, shall not exceed $10,140 for a total
revised contract amount not to exceed $67,410.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
ATIEST:
c
Cl API STRANO
First Amendment to PSA
Glen Lukos and Associates,lnc.
Sun Ranch Drainage Improvement
-1-(CIP 11503)
APPROVED AS TO FORM:
BY: ~ itYAtt&hey -
By: ________________________ __
First Amendment to PSA
Glen Lukas and Associates,lnc.
Sun Ranch Drainage Improvement
-2-(CIP 11503)
GLENN LUKOS ASSOCIATES
October 12, 2012
(Revised November 20, 2012)
Joe Mankawich
City of San Juan Capistrano Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Regulatory Services
SUBJECT: Revised Request for a Change Order to Provide On-Going Regulatory Support
Services Pertaining to the Sun Ranch Drainage Easements Improvements Project,
Located in the City of San Juan Capistrano, Orange County, California.
Dear Mr. Mankawich:
Glenn Lukos Associates, Inc. (GLA) is requesting a revised change order to assist The City of San
Juan Capistrano (City) in complying with the Special Conditions of U.S. Army Corps of Engineers
(Corps) Clean Water Act (CW A) Section 404 Letter of Permission (LOP) Permit Number SPL-
20 11-0 1115-JPL, California Department ofFish and Game (CDFG) Section 1602 Operation of Law
Number 1600-2012-0028-R5, and San Diego Regional Water Quality Control Board (Regional
Board) Section 401 Water Quality Certification File Number 12C-013 for The Sun Ranch Drainage
Easement Improvements Project (Project) located in the City of San Juan Capistrano; Orange
County, California. Proposed herein is a program designed to assist the City with compliance for
each regulatory authorization noted above.
GLA submitted notifications to Corps pursuant to Section 404 of the CWA, the CDFG pursuant to
Section 1602 of the Fish and Game Code, and the Regional Board pursuant to Section 401 of the
CW A on February 14, 2012. GLA was retained by the City to assist in complying with mitigation-
related special conditions anticipated to be included in authorizations from the Corps, Regional
Board, and CDFG on September 4, 2012.
The CDFG issued Section 1602 Operation of Law Number 1600-2012-0028-R5 on April26, 2012.
The Regional Board issued Section 401 Water Quality Certification File Number 12C-O 13 on
September 26,2012, and the Corps issued Section 404 LOP Permit Number SPL-2011-01115-JPL
on October 2, 2012. GLA has reviewed the regulatory permits and agreements issued for the
Project, and the City has requested that GLA provide our ongoing regulatory support services to
assist with permit and agreement compliance.
29 Orchard • Lake Forest
Telephone: (949) 837-0404
• California 92630-8300
Facsimile: (949) 837-5834
------------------------------------------------------------------
Joe Mankawich
The City of San Juan Capistrano
October 12, 2012
(Revised November 20, 20 12)
Page2
Conditions of the authorizations discussed above require that the City utilize the services of a
qualified practitioner who is certified in the California Rapid Assessment Method (CRAM).
CRAM is a functional assessment used to assess the condition of wetland or riparian habitats
associated with riverine systems. Pursuant to Special Condition V of the Section 401 Water Quality
Certification File Number 12C-013, CRAM must be utilized at the impact and mitigation site
prior to impacts to establish pre-project baseline conditions. In addition, CRAM must be utilized
at the mitigation site following completion of the mitigation site construction at years three and
five. The results of the CRAM assessment must be submitted with the Annual Mitigation and
Monitoring Reports for years one, three and five, and data must be uploaded into eCRAM
(http://www.cramwetlands.org).
In addition to the conditions outlined in the permits and/or agreements noted above, the City had
requested that a GLA biological monitor be available onsite during Phase I of the Project's
vegetation removal activities due to the potential presence of bam owls and raptors. In order to
alleviate any potential concerns raised by the adjacent land owners, and pursuant to the Migratory
Bird Treaty Act, the City had requested that a biological monitor be present during Phase I of the
Project. As a result, a GLA biologist was present during Phase I of the vegetation removal activities
without a budget in place so that we did not hinder the Project moving to its next phase in a timely
manner.
Since the information noted above is outside ofGLA's current scope of work, we are requesting a
change order to complete our regulatory support services noted above.
COST
The proposed fee for performance of the attached scope of work is $1 0,140 including direct costs,
but not including meetings or other tasks not specifically addressed in the scope of work. This is in
addition to the $57,270 that was previously authorized for a total of$67,410.
MATERIALS NEEDED FROM THE CITY
Prior to CRAM implementation, GLA will require the following materials:
1. AutoCAD base plans (with proposed topography) of the mitigation site required for
CRAM assessment.
SCOPE OF WORK
REGULATORY SUPPORT SERVICES
FOR THE SUN RANCH DRAINAGE EASEMENT IMPROVEMENTS PROJECT
LOCATED IN THE CITY OF SAN JUAN CAPISTRANO,
TASK I.
ORANGE COUNTY, CALIFORNIA
PERFORM THREE FUNCTIONAL ASSESSMENTS OF RIVERINE
WETLAND CONDITION USING CRAM METHODOLOGY
Pursuant to Special Condition V of the Section 401 Water Quality Certification File Nwnber 12C-
O 13 for the Project, a field team of CRAM -certified practitioners will assess the riverine wetland
condition of the unnamed drainage channel (mitigation site) within the Project site using the latest
CRAM User's Manual Version 6.0 (March 2012) prior to impacts to establish pre-project
baseline conditions. CRAM will also be utilized at the mitigation site following completion of
the mitigation site construction at years three and five. Results will be uploaded into eCRAM
(http://www.cramwetlands.org). Results of the CRAM assessments will be incorporated into the
annual mitigation and monitoring reports for years one, three, and five. As a result, GLA will
conduct a total of three functional assessments of the mitigation site using CRAM methodology.
CRAM assessment results will be submitted each year with the Project's Annual Mitigation and
Monitoring Reports.
Sub Task 1: Assemble Background Information
GLA will utilize background information about the management objectives, history, known or
expected stressors, and general ecological character of the onsite drainage area. This subtask
includes an analysis of existing permits, reports aerial imagery, and correspondence relative to
the proposed Project in order to assess existing site conditions.
Sub Task 2: Classify the Assessment Area (.4A)
GLA's Geographic Information Systems (GIS) specialist and certified CRAM practitioner will
identify the location of the Assessment Area (AA) and buffer area on an aerial photograph prior
to the beginning of the field work. The AA will be determined through an analysis of the
Project's jurisdictional delineation report, aerial imagery, site access, and field verification. This
sub-task will be conducted prior to Project impacts in order to assess the pre-project baseline
conditions. This sub-task includes the preparation of GIS shape files. This sub-task will occur
during year one.
Sub Task 3: Conduct Field Assessment
GLA's CRAM-certified practitioner will coordinate with the Project's habitat restoration
specialist in order to ensure that the CRAM functional assessments are conducted in coqjunction
with the post-installation monitoring activities, which are already covered under the previous
scope of work. Data for the AA will be completed in the field using CRAM Riverine
worksheets. Four attributes will be considered for each CRAM assessment: Buffer and Landscape
SCOPE OF WORK
REGULATORY SUPPORT SERVICES
FOR THE SUN RANCH DRAINAGE EASEMENT IMPROVEMENTS PROJECT
LOCATED IN THE CITY OF SAN JUAN CAPISTRANO,
TASK I.
ORANGE COUNTY, CALIFORNIA
PERFORM THREE FUNCTIONAL ASSESSMENTS OF RIVERINE
WETLAND CONDITION USING CRAM METHODOLOGY
Pursuant to Special Condition V of the Section 401 Water Quality Certification File Nwnber 12C-
013 for the Project, a field team of CRAM-certified pmctitioners will assess the riverine wetland
condition of the unnamed dminage channel (mitigation site) within the Project site using the latest
CRAM User's Manual Version 6.0 (March 2012) prior to impacts to establish pre-project
baseline conditions. CRAM will also be utilized at the mitigation site following completion of
the mitigation site construction at years three and five. Results will be uploaded into eCRAM
(http://www.cramwetlands.org). Results of the CRAM assessments will be incorporated into the
annual mitigation and monitoring reports for years one, three, and five. As a result, GLA will
conduct a total of three functional assessments of the mitigation site using CRAM methodology.
CRAM assessment results will be submitted each year with the Project's Annual Mitigation and
Monitoring Reports.
Sub Task 1: Assemble Background Information
GLA will utilize background information about the management objectives, history, known or
expected stressors, and general ecological character of the onsite drainage area. This subtask
includes an analysis of existing permits, reports aerial imagery, and correspondence relative to
the proposed Project in order to assess existing site conditions.
Sub Task 2: Classify the Assessment Area (AA)
GLA's Geographic Information Systems (GIS) specialist and certified CRAM practitioner will
identify the location of the Assessment Area (AA) and buffer area on an aerial photograph prior
to the beginning of the field work. The AA will be determined through an analysis of the
Project's jurisdictional delineation report, aerial imagery, site access, and field verification. This
sub-task will be conducted prior to Project impacts in order to assess the pre-project baseline
conditions. This sub-task includes the preparation of GIS shape files. This sub-task will occur
during year one.
Sub Task 3: Conduct Field Assessment
GLA's CRAM-certified practitioner will coordinate with the Project's habitat restoration
specialist in order to ensure that the CRAM functional assessments are conducted in conjunction
with the post-installation monitoring activities, which are already covered under the previous
scope of work. Data for the AA will be completed in the field using CRAM Riverine
worksheets. Four attributes will be considered for each CRAM assessment: Buffer and Landscape
---------
---
DIRECf EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but
y automobile at the current rate not limited to, necessary transportation costs including mileage b
allowed by IRS, meals and lodging, laboratory tests and analyses , retention and management of ___________ _
ursement for these expenses shall be on technical consultants, printing, and binding charges. Reimb
trative charge of 15% shall be the basis of actual charges when furnished by GLA. An adminis
applied to all direct expense charges. The table below has been developed to aid us in estimating
the total cost of the proposed work and is provided for your info rmation only. Unless otherwise
arranged with the client, the cost of each task is not meant to be precise and we may find it
necessary to shift costs between tasks as the work proceeds.
TASK
TOTAL COSTS
Perfonn CRAM
Assemble Backwound Information $1,270
Classify the Assessment Area $2,530
Conduct Field Assessment $2,530
Process CRAM Assessment Scores $1,270
Upload CRAM Results $1,270
Conduct Previous Out-of-Scope Services $1,270
TOTAL $10,140
SD
PERSONAL SERVICES AGREEMENT
<.on.Jvt\J§.AGREEMENT is made, entered into, and shall become effective this .!J!!:day
o~t~012, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Glen Lukas and Associates, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Biological Monitoring and Habitat Mitigation Monitoring for the Sun
Ranch Drainage Project (CIP 11503); 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 as
set forth in Exhibit "A," 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 of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $57,270 total
contract amount, as set forth in Exhibit "A" attached and incorporated herein by reference.
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.
1
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 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.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
2
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 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
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in 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
3
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).
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
4
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 [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1, 000, 000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (1 0) day cure period.
5
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:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn:Joe Mankawich
Glenn Lukus and Associates, Inc.
29 Orchard
Lake Forest, CA 92630
Attn; Lesley Lukovich
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.
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
By: ______________________ __
APP;:;): F RM:
Hans Van Ligten, City Attorney
7
GLENN LUKOS ASSOCIATES
July 24, 2012
Joe Mankawich
City of San Juan Capistrano Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Regulatory Services
SUBJECT: Proposal to Provide Mitigation Implementation Services Pertaining to the Sun Ranch
Drainage Easements Improvements Project, Located in the City of San Juan
Capistrano, Orange County, California
Dear Mr. Mankawich:
Glenn Lukas Associates, Inc. (GLA) is pleased to submit this proposal to assist the City of San Juan
Capistrano (City) in complying with mitigation-related special conditions anticipated to be included
in authorizations from the U.S. Army Corps of Engineers (Corps), California Regional Water
Quality Control Board (Regional Board), and California Department ofFish and Game (CDFG).1
At this point in time the CDFG authorization has been granted by an "op-law'' letter (authorization
granted by default when CDFG fails to respond within the allotted period of time). Under an op-
law authorization, the work is permitted as stated in the application; this also includes any
mitigation that was offered in the application. Authorizations have not yet been issued by the Corps
or Regional Board.
The Conceptual Habitat Mitigation and Monitoring Plan (HMMP) that was submitted with the
applications to each ofthe three regulatory agencies offered to create 0.7 acre of riparian habitat
within the invert channel of the re-created drainage. As part of the Corps' standard format, the
HMMP also offered a five-year monitoring program with submittal of an annual report to the Corps,
RWQCB, and CDFG by January 1st of each year for five years after planting, to document full
compliance with all mitigation measures. The San Diego Regional Board Certification almost
always requires stream photo documentation prior to and after project construction to be submitted
in accordance with the Regional Board guidelines.
1 This proposal includes monitoring of the required mitigation for a period of five years and coordinating with the
City's landscape contractor during the installation and five-year maintenance ofthe mitigation site. lfthe City so
desires, GLA can offer tum-key mitigation services wherein GLA hires the landscape contractor and supplies the
mitigation materials. We do, however, add a 15% administrative fee to the landscape contractor's fees in a tum-key
operation.
29 Orchard • Lake Forest • California 9?A:~n-R'inn
Telephone: (949) 837-0404 Facsimile: (94<1
EXHIBIT A
Joe Mankawitz
City of San Juan Capistrano Public Works
July 24, 2012
Page 2
This proposal is based upon the mitigation offered in the applications to the three agencies and the
additional conditions (cited above), which are typical of all permits issued by the three agencies.
The Corps and Regional Board have not yet issued their permits. Final permits from the Corps and
Regional Board may require different/additional mitigation or different conditions not reflected by
the enclosed scope of work. If final permit conditions are different from those <mticipated in this
proposal, we may have to revise our proposal (and cost estimate) accordingly.
COST
The proposed fee for performance of Tasks I through III, as presented in the attached scope of work.
is $57,270 including direct costs, but not including meetings or other tasks not specifically
addressed in the scope of work.
MATERIALS NEEDED FROM THE CITY
Prior to the mitigation implementation, GLA will require the following materials:
1. AutoCAD base plans (with proposed topography) of the mitigation site required for As-
Built plans.
Supplementary services beyond the limits ofthis scope of work, if needed, are available from GLA
on a time-and-materials basis. If major changes in the scope of work are required, the City will be
notified at the earliest possible time.
SCHEDULE
Work will begin immediately upon receipt of a signed contract.
Joe Mankawitz
City of San Juan Capistrano Public Works
July 24, 2012
Page 3
Should you have any questions regarding this proposal, please feel free to contact me at (949) 83 7-
0404.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Glenn C. Lukos
President
s:0752-8a.pro.doc
SD Enclosure
TASK I.
SCOPE OF WORK
MITIGATION IMPLEMENTATION SUPPORT SERVICES
FOR THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT
SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA
GENERAL PROJECT COORDINATION
GLA will coordinate all mitigation-related activities with the regulatory agencies and the City
throughout the five-year mitigation period to ensure that permit conditions are satisfied and any
potential problems are made known to the City and resolved at the earliest possible opportunity.
This task includes five site meetings to discuss outstanding issues that may arise during Project
construction.
GLA's environmental specialist will prepare a regulatory permitting handbook to be distributed to
all supervisory construction personnel. The regulatory handbook will contain one copy each of all
of the project's regulatory permits. Copies of the permitting handbook must be kept on-site at all
times during periods of active work and must be presented to any agency personnel upon demand.
TASK II. INSTALL MITIGATION
GLA shall coordinate with Contractor to verify that all planting areas have been properly prepared
at the completion of site preparation. GLA shall inspect the irrigation system installation and check
for adequate coverage prior. GLA will indicate approval to Contractor in writing before planting or
seeding operations may commence.
GLA will identify plant locations in the field with 21-inch pin flags. The flags will be color coded
as to species. GLA will provide Contractor with a list of plant species with their appropriate color
code prior to plant installation. In addition, GLA will assist in the actual placement of container
plants in the designated installation locations.
GLA will supervise the installation of the container stock and hydroseeding operations. GLA will
be present on-site daily during planting and seeding operations to ensure suitable planting methods
are utilized and compliance with agency permit conditions are satisfied.
GLA will review the entire planting area to verify completion of landscape work, and advise City
and Contractor of any deficiencies requiring remediation. At the satisfactory completion of plant
installation and hydro seed operations, GLA will notify Contractor in writing of the acceptance of
the Work and the commencement of the Maintenance Period.
GLA will meet with Contractor maintenance personnel in order to identify proper maintenance
procedure. GLA will coordinate with the Contractor to develop irrigation and maintenance
schedules. If necessary, GLA will assist maintenance personnel in the identification of target
invasive weed species, their location, and the timing of weed control operations to ensure that native
plans are avoided to the fullest extent possible.
After initial planting, GLA will record species, quantities, and locations of all plantings. At this
time GLA will also record any significant problems encountered during planting, or any deviation
from the Irrigation or Planting Plans. As-Built drawings of installed landscape will be prepared for
submission to the Corps within 45 days of mitigation implementation. It is assumed that the
Irrigation and Planting Plans will serve as the As-Built drawings with only minor revisions (i.e.,
change in plant numbers less than five-percent), small adjustments to planting locations (less than
five-percent of total plants with revised planting sites).
TASK III. CONDUCT POST-INSTALLATION MONITORING
After initial planting, GLA will conduct qualitative site monitoring of the mitigation site on a
monthly basis for the first 18 months, and quarterly thereafter, to document any problems with
plants, seed germination, irrigation, erosion, vandalism, weed invasion, etc. that might adversely
affect the success of the mitigation. Notes on wildlife use will be included (i.e., direct observations
of nests, animals, and/or other related evidence observed during site visits). During the first 18
months, GLA will meet monthly with the Contractor to advise on maintenance procedures, and
quarterly thereafter. GLA will prepare monthly and quarterly memos to the City to report any
problems and document observations of the site visit for the first annual monitoring report.
As directed in the conditions of approval, GLA will perform the first-year annual monitoring effort
following the first growing season after plant installation. Hydrologic, biogeochemical, and plant or
animal habitat indicators will be monitored and evaluated for functions and values. At this time
GLA will conduct a census of all container stock in order to determine if the first year SO-percent-
survival goal for container stock has been satisfied. GLA will provide the Contractor with a list of
replacement plant species to be installed between October and March. The replacement plants will
be of the same species, spacing, and size as specified for plants being replaced.
GLA will perform transect monitoring which will consist of two per acre 50-meter point-intercept
transects in the 0.7 acre site, for a total of two transects. The percent cover of native, non-native,
and unvegetated areas within each transect will be identified. GLA will prepare the first annual
monitoring report summarizing performance of mitigation project over the last year, and if
necessary, recommend steps to be taken to ensure that second-year performance criteria will be
achieved by next year's monitoring. After review and approval by the City, the first annual
monitoring report will be transmitted to the Corps, CDFG, and Regional Board by January 1st
following the first growing season after implementation of the mitigation plan.
GLA will follow the San Diego Regional Board's Standard Operating Procedure (SOP) 4.2.1.4 for
stream photo documentation procedure of the project. This procedure requires before and after
construction photographs taken from the same photo point and at the same bearing and vertical
angle from that photo point. This task requires a two-person team (at a minimum) for
2
photographing the subject, determining geographic position, holding a photo sign form, and taking
field notes to describe and record photos and photo points. These photographic exhibits will be
included with the As-Built plans and with each monitoring report.
GLA will perform transect monitoring during the second through fifth year annual monitoring
event. The percent vegetative cover of native, non-native, and unvegetated areas within each
transect will be identified. GLA will prepare the second through fifth annual monitoring reports
summarizing performance of the project over each year and recommend steps to be taken to ensure
that performance criteria will be achieved by next year's quantitative monitoring. After review and
approval by the City, each year's annual monitoring report will be transmitted to the Corps, CDFG,
and Regional Board by January 1st.
GLA will notify the Corps, CDFG, and Regional Board when submitting the fifth and/or final
annual report that documents when the final monitoring period is completed for the plantings and
GLA believes final success criteria have been met. The final report to the Corps, CDFG, and
Regional Board will be sent with a cover letter serving as a Notice of Completion.
GLA will coordinate with the Corps, CDFG, and Regional Board to meet with agency staff and
provide access and guidance through the mitigation sites to confirm the adequate completion of the
mitigation effort.
3
DIRECT EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CITY's project, including, but
not limited to, necessary transportation costs including mileage by automobile at the current rate
allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of
technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on
the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be
applied to all direct expense and subcontractor charges (this administrative fee has already been
included in the cost estimate provided in this proposal).
The table below has been developed to aid us in estimating the total cost of the proposed work and
is provided for your information only. Unless otherwise arranged with the City, the cost of each
task is not meant to be precise and we may find it necessary to shift costs between tasks as the work
proceeds.
TASK
TOTAL
COSTS
Project Coordination $5,790
Install Mitig_ation $3,520
Conduct Post-Installation Monitoring $47,960
TOTAL $57,270
TO:
FROM:
DATE:
SUBJECT:
Karen P. Brust, c· y Mana
James G. Ros /Interim D rector of Public Wor~V
Prepared . oe Mankawich, Associate Engi~'---
Septet?~4, 2012
9/4/2012
010
Consideration of Personal Services Agreements for Construction and Bid
Engineering Support; Archeological, Paleontological and Native American
Resource Monitoring; Biological Resource Oversight and Monitoring; and
Habitat Maintenance for the Sun Ranch Drainage Improvement Project
(CIP 11503) (Hall and Foreman, Inc.) (Cogstone) (Glen Lukas and
Associates, Inc.) (Pacific BioScience, Inc.) (City Council Fiscal Years
2012-2013 and 2013-2014 Urgent Strategic Priorities)
RECOMMENDATION:
By motion,
1. Amend the existing Personal Services Agreement with design engineer, Hall and
Foreman, Inc. to include construction and bid support services, and increase the
contract amount by $35,150, for a not to exceed amount of $108,965; and,
2. Approve a Personal Services Agreement with Cogstone to provide archeological,
paleontological and Native American resource monitoring in the amount of
$32,234; and,
3. Approve a Personal Services Agreement with Glenn Lukas and Associates, Inc. to
provide biological resource oversight and monitoring services for five years in the
amount of $57,270; and,
4. Approve a Personal Services Agreement with Pacific BioScience, Inc. to provide
habitat mitigation area maintenance for four years in the amount of $25,920; and,
5. Authorize the City Manager to approve change orders up to 10% of the contract
amount for these contracts.
TO:
FROM:
DATE:
City of San Juan Capistrano
Agend \ ,~qrt
/ \ J)
Karen P. Brust, Ci Mafia r,
James G.
Prepared
09/04/2012
010'
SUBJECT: Consideration of Personal Services Agreements for Construction and Bid
Engineering Support; Archeological, Paleontological and Native American
Resource Monitoring; Biological Resource Oversight and Monitoring; and
Habitat Maintenance fof the Sun Ranch Drainage Improvement Project
(CIP 11503) (Hall and Foreman, Inc.) (Cogstone) (Glen Lukes and
Associates, Inc.) (Pacific BioScience, Inc.) (City Council Fiscal Years
2012-2013 and 2013-2014 Urgent Strategic Priorities)
RECOMMENDATION:
By motion,
1 . Amend the existing Personal Services Agreement with design engineer, Hall and
Foreman, Inc. to include construction and bid support services, and increase the
contract amount by $35,150, for a not to exceed amount of $1 08,965; and,
2. Approve a Personal Services Agreement with Cogstone to provide archeological,
paleontological and Native American resource monitoring in the amount of
$32,234; and,
3. Approve a Personal Services Agreement with Glenn Lukes and Associates, Inc. to
provide biological resource oversight and monitoring services for five years in the
amount of $57,270; and,
4. Approve a Personal Services Agreement with Pacific Bioscience, Inc. to provide
habitat mitigation area maintenance for four years in the amount of $25,920; and,
5. Authorize the City Manager to approve change orders up to 10% of the contract
amount for these contracts.
City Council Agenda Report
September 4, 2012
Page 2 of 4
EXECUTIVE SUMMARY:
On August 7, 2012, the City Council awarded a Construction Contract with Spiess
Construction Company, Inc. to build the Sun Ranch Drainage Improvement Project (CIP
11503). Work is anticipated to commence in mid-September. In order to be prepared to
meet the demands and requirements of the project, staff is recommending that the City
enter into Personal Services Agreements for Construction and Bid Support Engineering,
Archeological, Paleontological and Native American Monitoring, Biological Oversight
and Monitoring, and Habitat Restoration Maintenance prior to commencement of
construction.
DISCUSSION/ANALYSIS:
Staff recommends that the City Council approve an amendment to an existing contract
with design engineer, Hall and Foreman, Inc., to provide engineering support on
addendum preparation, requests for information, materials submittals review and weekly
project progress meetings attendance during the project bid and construction phases.
Hall and Foreman, Inc. has provided a proposal for this work based upon the amount of
assistance that City staff deemed necessary. Their proposal is based upon the schedule
of hourly rates provided under their original proposal. Hall and Foreman, Inc. knows the
project very well and they were the referred engineer in the Settlement Agreement with
the Scalzo Family Trust. For these reasons staff recommends amending the existing
design agreement for the amount of $73,815.00 with Hall and Foreman, Inc. to include
construction and bid services through February 2013, in the amount of $35,150 for a not
to exceed amount of $108,965.
The City's approved Mitigated Negative Declaration requires that the City provide
Archeological, Paleontological and Native American Resource Monitoring during the
excavation for the project. Staff sent out Requests for Proposals for these services to
five (5) firms and received three (3) proposals from reputable consultants in this field.
Staff review of the proposals revealed that Cogstone provided the most cost effective
proposal while providing all the requested services. Staff recommends entering into a
Personal Services Agreement with Cogstone for Archeological, Paleontological and
Native American Resource Monitoring in the amount of $32,234.
The provisions of the pending California Water Quality Control Board 401 and Army
Corps of Engineers 404 permits require that the City provide Biological Resource
Oversight and Monitoring, and Habitat Mitigation Implementation and Maintenance
performed during development and for five (5) years following completion of the project.
Staff sent out a Request for Proposals to four (4) biologists to provide supervision to
insure that the permit conditions are implemented. The biologist is also required to
provide planting locations and planting installation and maintenance supervision. The
request also provides for preparation of a planting plan and monitoring of the
maintenance and biological health of the mitigation site for five (5) years. The City
received two {2) responses to its request for biological services.
City Council Agenda Report
September 4, 2012
Page 3 of 4
Review of the proposals confirms that the Glen Lukos and Associates, Inc. (GLA)
proposal provides all the services required for a slightly lower price than the other
responding firm. GLA also has been involved in this project from the start, as they
provided the biological and permit acquisition services during the design and
environmental phases of the project. GLA is aware of the permit requirements for this
project. For these reasons, staff recommends entering into a Personal Services
Agreement with GLA to provide biological services for a five (5) year period for an
amount of $57,270.
Staff sent requests for proposal to four (4) firms to provide habitat maintenance on the
project for four (4) years. The first year of maintenance is already covered in the
construction contract that was awarded in August. The following four years will
commence a year after completion of the project. Staff has reviewed the proposals and
recommends that Pacific BioScience, Inc. provides the necessary services in the most
cost effective manner. For this reason staff recommends entering into a Personal
Services Agreement with Pacific BioScience, Inc. to provide habitat maintenance
services for four (4) years for an amount of $25,920.
FISCAL IMPACT:
The Fiscal Year 2012-2013 Capital Improvement Program has budgeted $3.23 million
for the Sun Ranch Drainage Improvement Project. The anticipated total cost for the
project based upon the construction contract and required other services is:
Construction (Spiess Construction)
Construction Contingency (10%)
Construction Engineering Support (Hall & Foreman)
Biological Monitoring and Mitigation Oversight (5 Years) (GLA)
Cultural, Archeological Resource Monitoring (Cogstone)
Habitat Area Maintenance (4 years) (Pacific BioScience)
10% Contingency on Support Agreements
Staff Costs (Proiect Management. Inspection. Admin. Services)
Total Project Cost
$2,094,645.25
209,464.00
35,150.00
57,270.00
32,234.00
25,920.00
15,000.00
60,000.00
$2,529,683.25
These costs fall within the budgeted amount. The additional $700,000 in funding can be
returned to the City's General Fund Reserve for future capital projects.
ENVIRONMENTAL IMPACT:
Approval of these Personal Services Agreements will assist the City meet the
requirements set out in the approved Mitigated Negative Declaration and the United
States Army Corps of Engineers (USACOE) 404 Permit and California Regional Water
Quality Control Board (CRWQCB) 401 Permit. Staff received the California Department
of Fish and Game (CDFG) approval on March 21, 2012, and is working closely with the
USACOE and CRWQCB to receive their certifications and permits prior to commencing
City Council Agenda Report
September 4, 2012
Page 4 of 4
work in mid-September 2012. The City cannot commence construction without these
permits being in place.
PRIOR CITY COUNCIL REVIEW:
• On May 17, 2011, the City Council approved the Design Contract with Hall &
Foreman, Inc. for the design of the project.
• On June 19, 2012, the City Council approved the plans, specifications and
estimates and adopted a resolution approving a Mitigated Negative Declaration.
• On August 7, 2012, the City Council awarded the Construction Contract to
Spiess Construction Company, Inc. in the amount of $2,094,645.25.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• Staff presented this project to the Utilities Commission at its July 17, 2012,
meeting. There were no comments by the Commission.
• Staff had previously brought this project before the Planning Commission on April
10, 2012. At that meeting, the Planning Commission recommended that the City
Council adopt a Mitigated Negative Declaration for the project.
• Staff also held a Stakeholder Scoping Meeting for this project on March 13, 2012.
The meeting was noticed to all residents within 500 feet of the project. Staff
presented the project and took comments and questions from the 10 residents
that attended the meeting.
NOTIFICATION:
Hall and Foreman, Inc. Bonterra Consulting, Inc.
HRS, Inc. Glen Lukas and Associates, Inc.
TRC Solutions, Inc. Pacific Bioscience, Inc.
Cogstone Ed Stewart and Associates, Inc.
ATTACHMENT($):
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
First Amendment to Personal Services Agreement with Hall and
Foreman, Inc.
Personal Services Agreement with Glenn Lukas and Associates,
Inc. for Biological Monitoring
Personal Services Agreement with Cogstone for Cultural
Resources Monitoring
Personal Services Agreement with Pacific Bioscience, Inc. for
Mitigation Area Maintenance
FIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and HALL & FOREMAN, INC.,
("Consultant") is made and entered into, to be effective the __ day of September, 2012,
as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated May 17, 2011, for Design Engineering services for the Sun Ranch
Drainage Improvement Project (CIP 11503) (the "Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
. ---'?"
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant agree to the amend Sections of the Agreement as
follows:
Section 1. Scope of Work
The amended scope of work to be performed by the Consultant shall consist of
those tasks set forth in Exhibit "A", which comprise of the consultants proposal dated
August 2, 2012, attached and incorporated herein by reference.
Section 2. Term
The Agreement shall commence on the effective date of Agreement and shall
terminate, and all services required hereunder shall be completed, no later than February
28, 2013.
Section 3. Compensation
Total compensation for the services hereunder shall not exceed $35,150, total
contract amount including expenses as set forth in Exhibit "A" , attached and incorporated
herein by reference.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
-1-
ATIEST:
By: ________________________ _
-2-
CITY OF SAN JUAN CAPISTRANO
By: _________________________ _
Larry Kramer, Mayor
HALL & FOREMAN, INC.
(\' __ ,/;/'J:,-J. ' ,!... .~./--
By· .. ! ~~~~ 1/fv\~--~~··· . ' (-
II'~ H a 11 (~ F ore1nan, Inc.
Engineering • Planning • Surveying
· August 2, 2012
Mr. Joe Mankawich
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
110182-0000
RE: Sun Ranch Drainage Improvements-City of San Juan Capistrano
Construction Support Services
Dear Mr. Mankawich;
Hall & Foreman, Inc. (HFI) is pleased to present the following proposal to provide civil
engineering construction support services, for the Sun Ranch Drainage hnprovement
Project in the City of San Juan Capistrano. This proposal is based on the plans prepared
byHFI and dated June 26, 2012.
SCOPE OF WORK
Task 1 -Preconstruction Support Services
Provide project management and design support services to the City during the public
bidding process for the project Attend pre-bid meetings with the City and respond to
Contractor Request for Information during the bid period.
Provide design details and plan revisions to City based on comments received from
Regulatory permitting process from Water Quality Board and Army Corp of Engineers.
Plan details included revising natural creek debris basins, grading control structures, and
revising riparian landscape plans based on GLA project biologist and permitting
approvals. Revise plan quantities, prepare detail specifications and bid addendums under
direction and guidance from City and GLA.
HFI will provide the following services to facilitate construction bidding:
• Responding to Contractor RFI' s
• Attendance at Pre-bid conference
• Preparation of Addendums
• Review Construction Bids and Contractor references
Task 2 -Right of Entry Exhibits
Provide engineering services to the C1ty for the design and preparation of 14 right of
entry exhibits for use by the City. in obtaining temporary construction easements from the
Sun Ranch Tract 6746 private property residential homes abutting the Sun Ranch
Drainage improvement project.
17782 E. !7'" Street, Suite 200, Tustin, CA 92780, (714) 665-4500
EXHIBIT A
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'...... ·.< ·.<· ·:.4~ . ::. :-~·: . ~-: .• ··;•, "· ·.' . ·. ~ .... ~ :.. -. .
Task 3-Construction Support Services
Provide engineering plan support to the City of San Juan Capistrano during the
Construction period. These services are based on the estimated construction period of
150 calendar days. HFI will provide the folJowing services during the construction phase
of the project
Attend Weekly Construction Meetings with City and Contractor
• Responding to Construction RFI's
• Shop drawing reviews
• Plan Revisions and Engineering Design Suppett
• Reviewing and providing recommendations to City on
Contractor's material submittaJs
• Record Drawings -Revise construction plans per final construction
plans and submit record drawings for City records.
Engineering Design Fee
Task 1
Task 2
Task 3
Preconstruction Support Services
Right of Entry Agreements
Construction Support Services
a. Construction Meetings
b. Shop Drawing Reviews/Contractor SubmittaJs
c. Plan Revisions/Engineering Support
d. Record Drawings
Reimbursable Expense
Total
$6,000
$3,000
$7,500
$5,000
$8,400
$3,250
$2,00Q
$35,150
We look forward to working with you on this project. Please call me at (714) 665-4518 if
you have any questions or would like to discuss the scope of work and design fee in more
detail.
Sincerely,
HALL & FOREMAN, Inc.
j~
David Stuetzel
Project Manager
South Coast Division
Attachments
Exhibit A
Exhibit B
Data and Assumptions
Hourly Rate Schedule
17782 E. 1 7'b Street, Suite 200, Tustin, CA 92780, (714} 665-4500
EXHIBIT A
DATA AND ASSUMPTIONS
Consultant intends to provide engineering and surveying services to facilitate the design
and construction of City ofSan .Juan Capistrano Grading and Drainage
Improvements located at TT 16146 in the City of San Juan Capistrano, County of
Orange, California. This Agreement for engineering and surveying has been prepared
based upon normal design construction and surveying procedures, as well as specific
discussions between representatives of both parties. The Scope of Service specifically
states those services to be performed, subject to the following Data and Assumptions:
1. Consultant will not be responsible for supervision and/or inspection of
construction.
2. Construction survey will be provided by the City or Contractor. No
survey support is included in this scope of services.
3. Construction support is based on plans prepared by HFI dated June 26,
2012 and approved by the City of San Juan Capistrano.
4. Consultant's services to City for preconstruction services are based on 28
hours of engineering support.
5. Construction meetings are assumed to be held at the City offices or the
project site in San Juan Capistrano. Meeting duration is assumed at 2
hours for each meeting.
6. Plan revisions based on final environmental permit requirements and
conditions ~ill be reviewed with City and negotiated as additional
services.
7. Review of Shop drawing reviews and Contractor submittals and are
estimated at 20 submittals.
8. Engineering support and plan revisions are based on 60 hours of project
support.
9. Preparation of as-built/final revisions are based on 26 hours of plan
preparation.
10. Those items ofwork not specifically addressed in the Data and
Assumptions and Scope of Services shall not be considered a part
thereof, and shall be considered as "Additional Services", and shaH be
subject to negotiation.
11. City of San Juan Capistrano wi11 perform all environmental document
preparation, processing and reporting.
17782 E. ] 7'h Street, Suite 200, Tustin, CA 92780, (714) 665-4500
OFFICE:
Principal
. .
" r • • • •--
-~II'': Hall & Foren1an, Inc.
------· ~
Engineering • Planning • Surveying
SCHEDULE OF HOURLY BILLING RATES
Effective November 1, 2011
Project Management (VP/Sr. Proj. Dir./Proj. Dir.!Proj. & Survey Mgr)
Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner
Staff Engineer
Designer/Assist. Proj. Mgr/Pla.nner/Survey Analyst
Junior Engineer/Assist. Engineer
Project Assistant'Expeditor
Administrative
EXPERT WITNESS~
Preparation for Depositions/Court Appearances
Depositions/Court Appearances
FIELD SURVEY:
1-Person Survey Crew
2·-Person Survey Crew
3-Person Survey Crew
2-Person High Definiiion Survey Crew
CONSTRUCTION:
Resident Engineer
Inspector
$215.00/Hour
$175.00/Hour
$135.00/Hour
$115.00/Hour
$1 05.00/Hour
$ 85.00/Hour
$ 80.00/Hour
$ 65.00n-Iour
$215.00/Hour
$350.00/Hour
Sl50.00n-Iour
$200.00/Hour
$245.00/Hour
$225.00/Hour
$115.00/Hour
$105.00/Hour
Note 1: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges,
well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage,
and delivery or messenger services incurred on Client's behalf If requested, HFI will provide a computer
printout, which details these costs. HFI does not typically provide any additional back up for these generally
nominal expenses as part of our fee.
Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the gt""dilring of
wage increases and/or other employee benefits to field or office employees due to the terms of any labor
agreement, or increase in the cost of living, during the lifetime of this agreement, a percentage increase
shall be applied to all remaining fees and charges to reflect the increased costs.
Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax
is imposed by local, state, or federal authority, upon the services rendered hereunder. such sales and/or use
tax shall be in addition to said fee herein, and shaH be the full responsibllity of the Client.
Note 4: Depositions and Court Appearances shall be billed at the above noted rate, with a four (4) hour
minimum.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of September, 2012, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Cogstone (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Cultural, Archeological and Native American Monitoring for the Sun
Ranch Drainage Improvement Project (CIP 11503); 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 as
set forth in Exhibit "A," 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 January 1, 2013.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $32,234,
total contract amount, as set forth in Exhibit "A," attached and incorporated herein by
reference.
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.
1
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 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 persohs directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
2
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 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
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in 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.
3
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).
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
4
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 [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten ( 1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
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:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Joe Mankawich
Cog stone
1518 West Taft Avenue
Ornage, CA 92865
Attn: Andrew Hernandez
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.
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ____ _
Larry Kramer, Mayor
CONSULTANT, Cogstone
By: ________ ~-=~+-~~~----------
Andrew ~tJ\Cf=o
, ATTEST: ,
Maria Morris, City Clerk
APPROVED AS TO FORM:
~'1..~=== . ' .
Hans Van Ligten, City Attorney
7
~-Q~~g_~
PALEONTOLOGY-ARCHAEOLOGY·· HISTORY
August 10, 2012 Cogstone 2505
To: Joe Mankawich, Associate Engineer, City of San Juan Capistrano
From: Sherri Gust, President, Cogstone
RE: Sun Ranch Drainage Improvement Project CIP 11503
Thank you for inviting our proposal to provide monitoring for your upcoming improvement project.
Sherri Gust, Orange County Certified Professional Paleontologist and Archaeologist, wi II serve as
principal investigator. Cogstone is a certified SBE/WBE/DBE/UDBE firm. All staff qualifications can be
viewed on our website at www.cogstone.com/keystaff.
We understand the scope is to provide 40 days of paleontological, archaeological and Native American
monitoring and a compliance report upon conclusion of work. All Cogstone monitors are qualified
archaeologists with cross-training in paleontology (minimum of 16 hours) and have dual-monitoring
experience. Our Native American monitor will be Alfred Cruz who is acknowledged by the Native
American Heritage Commission as a Juanefio. We have worked with Alfred on several previous projects
in the City. Our c~st proposal is presented on the next page.
Cogstone carries commercial general liability insurance of $4 million aggregate; professional liability
insurance of$2 million aggregate; automobile liability insurance of$1 million combined single limit;
umbrella liability insurance of $2 million aggregate; and, the required limits for workers' compensation.
Certificates of insurance are issued upon award of a contract.
We appreciate this opportunity to work with you and look forwarding to working with you in the future.
1518 West Taft Avenue
Orange, CA 92865
Office !714) 971,-8300
Toll free !888!497-0700
Branch Offices
West Sacramento-Morro Bay-Inland Empire-San Diego
cogstone.com
~ogstone PAi..!:.CN!0' c :::v .. '\~'-·'-',\ ::: . ..,, ~-~v _ w1~ -:--z;y SUN RANCH DRAINAGE IMPROVEMENT PROJECT CIP 11503 BUDGET Assumptions 1) 40 days of earthmoving. Contingencies (not included in proposal} 1) Attendance at meetings or responses to comments requested by client; 2) Additonal scope requires a change order. 2
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of September, 2012, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Glen Lukos and Associates, Inc. (hereinafter referred to as
the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Biological Monitoring and Habitat Mitigation Monitoring for the Sun
Ranch Drainage Project (CIP 11503); 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 as
set forth in Exhibit "A," 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 of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, ·subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $57,270
total contract amount, as set forth in Exhibit "A" attached and incorporated herein by
reference.
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.
1
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to 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 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.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
2
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.
Se.ction 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in 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,
3
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 l~ast 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).
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.
4
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 [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (1 0) 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.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
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:
To Consultant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn:Joe Mankawich
Glenn Lukus and Associates, Inc.
29 Orchard
Lake Forest, CA 92630
Attn; Lesley Lukovich
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.
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: _______________________ __
Larry Kramer, Mayor
ATTEST:
Maria Morris, City Clerk
APP~~L _____ _
Hans Van Ligten, City Attorney
7
GLENN LUKOS ASSOCIATES
July 24, 2012
Joe Mankawich
City of San Juan Capistrano Public Works Department
32400 Pasco Adelanto
San Juan Capistrano, California 92675
Regulatory SeNices
SUBJECT: Proposal to Provide Mitigation Implementation Services Pertaining to the Sun Ranch
Drainage Easements Improvements Project, Located in the City of San Juan
Capistrano, Orange County, California
Dear Mr. Mankawich:
Gleru1 Lukos Associates, Inc. (GLA) is pleased to submit this proposal to assist the City of San Juan
Capistrano (City) in complying with mitigation-related special conditions anticipated to be included
in authorizations from the U.S. Almy Corps of Engineers (Corps), California Regional Water
Quality Control Board (Regional Board), and California Department ofFish and Game (CDFG).1
At this point in time the CDFG authorization has been granted by an "op-law" letter (authorization
granted by default when CDFG fails to respond within the allotted period of time). Under an op-
law authorization, the work is permitted as stated in the application; this also includes any
mitigation that was offered in the application. Authorizations have not yet been issued by the Corps
or Regional Board.
The Conceptual Habitat Mitigation and Monitoring Plan (HMMP) that was submitted with the
applications to each ofthe three regulatory agencies offered to create 0.7 acre of riparian habitat
within the invert channel of the re-created drainage. As part of the Corps' standard fonnat, the
HMMP also offered a five-year monitoring program with submittal of an annual report to the Corps,
RWQCB, and CDFG by January l 5t of each year for five years after planting, to document full
compliance with all mitigation measures. The San Diego Regional Board Certification almost
always requires stream photo documentation prior to and after project construction to be submitted
in accordance with the Regional Board guidelines.
1 This proposal includes monitoring of the required mitigation for a period of five years and coordinating with the
City's landscape contractor during the installation and five-year maintenance of the mitigation site. lfthe City so
desires, GLA can offer tum-key mitigation services wherein GLA hires the landscape contractor and supplies the
mitigation materials. We do, however, add a 15% administrative fee to the landscape contractor's fees in a tum-key
operation.
29 Orchard • Lake Forest II California 9?A~n-R.100
Telephone: (949) 837-0404 Facsimile: (949 EXHIBIT A
Joe Mankawitz
City of San Juan Capistrano Public Works
July 24, 2012
Page 2
This proposal is based upon the mitigation offered in-the applications to the three agencies and the
additional conditions (cited above), which are typical of all permits issued by the three agencies.
The Corps and Regional Board have not yet issued their permits. Final pe1mits from the Corps and
Regional Board may require different/additional mitigation or different conditions not reflected by
the enclosed scope of work. If final permit conditions are different from those ru1ticipated in this
proposal, we may have to revise our proposal (and cost estimate) accordingly.
COST
The proposed fee for performance of Tasks I through III, as presented in the attached scope of work,
is $57,270 including direct costs, but not including meetings or other tasks not specifically
addressed in the scope of work.
MATERIALS NEEDED FROM THE CITY
Prior to the mitigation implementation, GLA will require the following materials:
1. AutoCAD base pl~s (with proposed topography) of the mitigation site required for As-
Built plans.
Supplementary services beyond the limits ofthis scope of work, if needed, are available from GLA
on a time-and-materials basis. If major chru1ges in the scope of work are required, the City will be
notified at the earliest possible time.
SCHEDULE
Work will begin immediately upon receipt of a signed contract.
Joe Mankawitz
City of San Juan Capistrano Public Works
July 24, 2012
Page 3
Should you have any questions regarding this proposal, please feel free to contact me at (949) 83 7-
0404.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Gleim C. Lukos
President
s:0752-8a.pro.doc
SD Enclosure
TASK I.
SCOPE OF WORK
MITIGATION IMPLEMENTATION SUPPORT SERVICES
FOR THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT
SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA
GENERAL PROJECT COORDINATION
GLA \vill coordinate all mitigation-related activities with the regulatory agencies and the City
throughout the five-year mitigation period to ensure that pennit conditions are satisfied and any
potential problems are made known to the City and resolved at the earliest possible opportunity.
This task includes five site meetings to discuss outstanding issues that may arise during Project
construction.
GLA's environmental specialist will prepare a regulatory permitting handbook to be distributed to
all supervisory construction personnel. The regulatory handbook will contain one copy each of all
of the project's regulatory permits. Copies of the permitting handbook mll<>t be kept on-site at all
times during periods of active work <md must be presented to any agency personnel upon demand.
TASK II. INSTALL MITIGATION
GLA shall coordinate with Contractor to verify that all planting areas have been properly prepared
at the completion of site preparation. GLA shall inspect the in-igation system installation and check
for adequate coverage prior. GLA will indicate approval to Contractor in writing before planting or
seeding operations may commence.
GLA will identify plant locations in the field with 21-inch pin flags. The flags will be color coded
as to species. GLA will provide Contractor with a list of plant species with their appropriate color
code prior to plant installation. In addition, GLA will assist in the actual placement of container
plants in the designated installation locations.
GLA will supervise the installation of the container stock and hydroseeding operations. GLA will
be present on-site daily during planting and seeding operations to ensure suitable planting methods
are utilized and compliance with agency permit conditions are satisfied.
GLA will review the entire planting area to verify completion oflandscape work, and advise City
and Contractor of any deficiencies requiring remediation. At the satisfactory completion of plant
installation and hydroseed operations, GLA will notif)r Contractor in v.'Titing of the acceptance of
the Work and the commencement ofthe Maintenance Period.
GLA will meet with Contractor maintenance personnel in order to identify proper maintenance
procedure. GLA will coordinate with the Contractor to develop irrigation and maintenance
schedules. If necessary, GLA will assist maintenance personnel in the identification of target
invasive weed species, their location, and the timing of weed control operations to ensure that native
plans are avoided to the fullest extent possible.
After initial planting, GLA will record species, quantities, and locations of all plantings. At this
time GLA will also record any significant problems encountered during planting, or any deviation
from the Irrigation or Planting Plans. As-Built drawings of installed landscape will be prepared for
submission to the Corps within 45 days of mitigation implementation. It is assumed that the
Irrigation and Planting Plans will serve as the As-Built drawings with only minor revisions (i.e.,
change in plant numbers less than five-percent), small adjustments to planting locations (less than
five-percent of total plants with revised planting sites).
TASK III. CONDUCT POST-INSTALLATION MONITORING
After initial planting, GLA will conduct qualitative site monitoring of the mitigation site on a
monthly basis for the first 18 months, and quarterly thereafter, to document any problems with
plants, seed germination, irrigation, erosion, vandalism, weed invasion, etc. that might adversely
affect the success of the mitigation. Notes on wildlife use will be included (i.e., direct observations
of nests, animals, and/or other related evidence observed during site visits). During the first 18
months, GLA will meet monthly with the Contractor to advise on maintenance procedures, and
quarterly thereafter. GLA will prepare monthly and quarterly memos to the City to report any
problems and document observations of the site visit for the first annual monitoring report.
' As directed in the conditions of approval, GLA will perform the first-year annual monitoring effort
following the first growing season after plant installation. Hydrologic, biogeochemical, and plant or
animal habitat indicators will be monitored and evaluated for functions and values. At this time
GLA will conduct a census of all container stock in order to detemune if the first year SO-percent-
survival goal for container stock has been satisfied. GLA will provide the Contractor with a list of
replacement plant species to be installed between October and March. The replacement plants will
be of the same species, spacing, and size as specified for plants being replaced.
GLA will perform transect monitoring which will consist of two per acre 50-meter point-intercept
transects in the 0.7 acre site, for a total oftwo transects. The percent cover ofnative, non-native,
and unvegetated areas within each transect will be identified. GLA will prepare 1he first annual
monitoring report summarizing performance of mitigation project over the last year, and if
necessary, recommend steps to be taken to ensure that second-year performance criteria will be
achieved by next year's monitoring. After review and approval by the City, the first annual
monitoring report will be transmitted to the Corps, CDFG, and Regional Board by January 1st
following the first growing season after implementation of the mitigation plan.
GLA will follow the San Diego Regional Board's Standard Operating Procedure (SOP) 4.2. I .4 for
stream photo documentation procedure of the project. This procedure requires before and after
construction photographs taken from the same photo point and at the same bearing and vertical
angle from that photo point. This task requires a two-person team (at a minimum) for
2
photographing the subject, determining geographic position, holding a photo sign form, and taking
field notes to describe and record photos and photo points. These photographic exhibits will be
included with the As-Built plans and with each monitoring report.
GLA will perfonn transect monitoring during the second through fifth year annual monitoring
event. The percent vegetative cover of native, non-native, and unvegetated areas within each
transect will be identified. GLA will prepare the second through fifth annual monitoring reports
summarizing perfonnance of the project over each year and recommend steps to be taken to ensure
that performance criteria will be achieved by next year's quantitative monitoring.. After review and
approval by the City, each year's annual monitoring report will be transmitted to the Corps, CDFG,
and Regional Board by January 1st.
GLA will notifY the Corps, CDFG, and Regional Board when submitting the fifth and/or final
annual rep01i that documents when the final monitoring period is completed for the plantings and
GLA believes final success criteria have been met. The final report to the Corps, CDFG, and
Regional Board will be sent with a cover letter serving as a Notice of Completion.
GLA will coordinate with the Corps, CDFG, and Regional Board to meet with agency staff and
provide access and guidance through the mitigation sites to confirm the adequate completion of the
mitigation effort.
3
DIRECT EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CITY's project, including, but
not limited to, necessary transportation costs including mileage by automobile at the current rate
allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of
technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on
the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be
applied to all direct expense and subcontractor charges (this administrative fee has already been
included in the cost estimate provided in this proposal).
The table below has been developed to aid us in estimating the total cost of the proposed work and
is provided for your information only. Unless otherwise arranged with the City, the cost of each
task is not meant to be precise and we may find it necessary to shift costs between tasks as the work
proceeds.
TASK
TOTAL
COSTS
Project Coordination $5,790
Install Mitigation $3,520
Conduct Post-Installation Monitoring $47,960
TOTAL $57,270
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of September, 2012, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Pacific BioScience, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Habitat Mitigation Maintenance Services for the Sun Ranch Drainage
Improvement Project (CIP 11503); 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 as
set forth in Exhibit "A," 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 of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount
Total compensation for the services hereunder shall not exceed $25,920
total contract amount, as set forth in Exhibit "A," attached and incorporated herein by
reference.
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.
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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 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.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. .Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
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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 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
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in 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,
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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 ofthis 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).
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.
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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 [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (1 0) 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.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten ( 1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
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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:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn:Joe Mankawich
Pacific BioScience, Inc.
1715 Port Sheffield Place
Newport Beach, CA 92673
Attn: Jeff Johnson
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.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ________________________ __
Larry Kramer, Mayor
1c BioScience, Inc.
ATIEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
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\[) Pacific BioScience, Inc.
August 14,2012
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention Mr. Joe Mankawich
RE: Habitat Maintenance for 0.66 acre Project Known as Sun Ranch Drainage
Dear Mr. Mankawich:
Enclosed is a brief spreadsheet proposal for maintenance of the referenced project site. This proposal
includes the labor hours for weed removal and the application costs of pesticide for a total of four years
starting in 2013. The total cost would be $25,920 with each year at $6,480.
The estimated effort is based on an average year of plant growth. Should there be significantly less than
average rainfall, such as this past year, the growing season would be much shorter and we could reduce
costs by switching to summer (low growing season) hours sooner. Also, if there is a need to replant some
areas we could include the planting effort as part of the maintenance labor and would amend the proposal
for the cost of the plants. Based on your description of the site this estimate is based on .66 acres and the
site would be watered by natural means and existing residential run-off
If you have any questions about this proposal please call me at (805) 750-3474. Thank you for this
opportunity to provide this brief proposal.
Sincerely,
Jeff Johnson, M.S. Biology
Principal Biologist
Encl.·-Sun Ranch Drainage fmprovements Habitat Maintenance Proposal
--· ----: ·~-~--~---------------=-~ __ --------~ ~ --~ ---------
.. ----
1 ~ t • , + • r . • , + ' , > ,_ • _ 1
. ,. :'
Sun Ranch Drainage Improvements Habitat Maintenance Proposal
Pacific BioScience, Inc.
· Year 1 (2013)
. Winter (7 mo.)
Summer (5 mo.)
Totals
Year 2
Est. monthly hours Months
40
16
Est. monthly hours Months
Winter (7 mo.) 40
Summer (5 mo.) 16
Totals
Year 3
Winter (7 mo.)
Summer (5 mo.)
Totals
Year 4
Est. monthly hours Months
40
16
Est. monthly hours Months
Winter (7 mo.) 40
Summer (5 mo.}
Totals
Total
16
Total hours hourly rate
7 280 18
5 80 18
360
Total hours hourly rate
7 280 18
5 80 18
360
Total hours hourly rate
7 280 18
5 80 18
360
Total hours hourly rate
7 280 18
5 80
360
18
5040
1440
6480
5040
1440
6480
5040
1440
6480
5040
1440
6480
25920
Christy Jakl
From:
Sent:
To:
Subject:
Attachments:
Hi Joe,
Christy Jakl
Wednesday, August 28, 2013 12:46 PM
Joe Mankawich
Glenn Lukos First Amendment
13-0716 Glen Lukos 1st Amendment.pdf
For your records, attached is a copy of the First Amendment to the Glenn Lukos Sun Ranch PSA.
Thanks!
Christ-y Jakl, CMC
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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32400 PASCO ADELANTO
SAN JUAN CAPlSTHANO. CA 92675
(949) 493-1171
(949) 493-1053 FAX
11 \I'll'. \ill.'fll•lli< a;>i.l/1"(/l!u.nrg
TRANSMITTAL
TO:
Glenn Lukos Associates
29 Orchard
Lake Forest, CA 92630-8300
DATE: August 28, 2013
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
Ml:MBERS OF THt: C T'f COUNC'I
SAM ALLEVATO
fWY I llYRNES. M 0
I ARRY KRAIJf R
OER~.K REEVF
JOliN TAYLOR
RE: First Amendment to Personal Services Agreement -Biological Monitoring and Habitat
Mitigation Monitoring Services -Sun Ranch Drainage Improvement Project.
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreement. If you have questions related to insurance requirements, please call Christy
Jakl, Deputy City Clerk at (949) 443-6310.
If you have questions concerning the agreement, please contact Joe Mankawich, Associate
Engineer at (949) 487-4313.
Enclosed is an original agreement for your records.
Cc: Joe Mankawich, Associate Engineer
Sun .f11an Capistrano: J>n·scn ·ing the f>usr to Fn//(/ncc r!Jc Fwure
Christy Jakl
From:
Sent:
To:
Subject:
Attachments:
Hi Joe,
Christy Jakl
Monday, September 10, 2012 4:33 PM
Joe Mankawich
Sun Ranch PSAs
2012 Cogstone PSA Sun Ranch.pdf; 2012 Glenn Lukos PSA Sun Ranch.pdf; 2012 Pacific
BioScience PSA Sun Ranch.pdf; 2012 Hall & Forman First Arnd PSA Sun Ranch.pdf
For your records, attached are the PSA's approved at the 9/4 City Council meeting related to the Sun
Ranch Project.
Thanks!
Ch1~isl~ Jakl
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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