HomeMy WebLinkAboutC-4462 - PSA for City Hall and Park Project Translocation PlanX66.O13 C��L
PROFESSIONAL SERVICES AGREEMENT WITH
GLENN LUKOS ASSOCIATES, INC. FOR
CITY HALL AND PARK PROJECT TRANSLOCATION PLAN
THIS AGREEMENT is made and entered into as of this 100 day of J
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Co ration
( "City "), and GLENN LUKOS ASSOCIATES, INC., a California Corporation whose
address is 29 Orchard, Lake Forest, California, 92630 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to design and construct the new City Hall and Park Master Plan
Project.
C. City desires to engage Consultant to provide mitigation implementation services
pertaining to Coulter's Saltbush in support of the new City Hall and Park Master
Plan ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Tony
Bomkamp.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 3151 day of December 2014, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Nineteen Thousand, Nine Hundred Ten Dollars and no /100
($19,910.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated TONY BOMKAMP
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department by way
of Jaime Murillo. JAIME MURILLO shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims'), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
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employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance 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.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
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performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
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invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Jaime Murillo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3209
Fax: 949 - 644 -3203
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Toy Bomkamp
Glenn Lukos Associates, Inc.
29 Orchard
Lake Forest, CA 92630
Phone: 949 - 837 -0404
Fax: 949 - 837 -5834
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
ynett e amp,
Assistant City 4D6rney
ATTEST:
Leilani I. Brown,
City Clerk
Attachments
C!Muni
OF NEWP BEACH,
Acipa ration
BSte e . Badum,
Pvblic orks Director
GLENN LU
MM
S, INC.:
Glenn Lukos, J'Lkcu. t%
Chief Executive Officer and
Treasurer
Exhibit A —hof Services
Exhibit B — Schedule of Billing Rates
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.Lkos
GLENN LUKOS ASSOCIATES
October 6, 2009
[Revised December 1, 2009]
Jaime Murillo
Associate Planner
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658
Regulatory Services
RECEIVED BY
PLANNING DEPARTMENT
la-03
2009
CITY OF NEWPORT BEACH
SUBJECT: Revised Proposal to Provide Mitigation Implementation Services Pertaining to
Coulter's Saltbush In Support of the City of Newport Beach City Hall and Park
Development Plan
Dear Mr. Murillo:
Glenn Lukos Associates, Inc. (GLA) is pleased to submit this revised proposal to assist the City of
Newport Beach in complying with the Special Conditions of the project Draft Environmental
Impact Report (DEIR) relative to Coulter's saltbush (Atriplex coulter:). Specifically, the subject
condition requires translocation of 18 individuals of the Coulter's saltbush to suitable areas.
The attached scope of work provides a detailed account of each task necessary to successfully
implement the translocation program.
COST
The proposed fee for performance of Tasks I through III, as presented in the attached scope of work,
is $19,910 including direct costs. The scope provided below includes sufficient time for up to three
meetings /and or teleconferences with the City and Resource Agencies needed to obtain approval of
the plan.
Supplementary services beyond the limits of this 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 Client will be
notified at the earliest possible time.
29 Orchard ■
Telephone: (949) 837 -0404
Lake Forest
California 92630 -8300
Facsimile: (949) 837 -5834
Jaime Murillo
Associate Planner
City of Newport Beach
October 6, 2009
[Revised December 1, 2009]
Page 2
SCHEDULE
Work will begin within one week following receipt of formal authorization to proceed (unless
arranged otherwise with the client).
Providing this proposal is acceptable, please so indicate by signing the attached Authorization for
Professional Services and returning it to GLA. Your signature will constitute agreement to the
terms set forth therein and will represent formal authorization to proceed.
Should you have any questions regarding this revised proposal or the attached contract, please feel
free to contact me at (949) 837 -0404.
Sincerely,
GLENN LUKOS ASSO S, INC.
Glenn C. Lukos
President
s:0560- 13b.pro.doc
m
Enclosure
SCOPE OF WORK
MITIGATION IMPLEMENTATION SUPPORT SERVICES
FOR COULTER'S SALTBUSH
NEWPORT BEACH, CALIFORNIA
The DEIR condition that addresses translocation of the Coulter's saltbush is as follows:
Translocation of Coulter's Saltbush Population. Prior to commencement of
grading activities, the City of Newport Beach (City) Director of Planning, or
designee, shall verify that the City has contracted a qualified, experienced
biologist to prepare a comprehensive translocation plan for Coulter's saltbush
which includes the location of the suitable receptor site. The plan shall be
prepared in cooperation with representatives from the United States Fish and
Wildlife Service (USFWS) and the California Department of Fish and Game
(CDFG). The project biologist shall supervise and monitor implementation of the
plan. Once the population of Coulter's saltbush on site is transplanted to the
suitable receptor site, the project biologist shall monitor the population for 5
years, documenting the methods and results, including implementation of any
requisite maintenance and /or remedial measures in annual reports.
Establishment of a viable population shall be deemed successful and the
performance standards met if at least half (i.e., nine) of the plants are evident in
any given year following the third year of the monitoring period. This mitigation
standard may be adjusted any time prior to the end of the monitoring period
under mutual agreement by the City and the resource agencies (i.e., USFWS
and CDFG), particularly if factors beyond human control limit the ability to
establish a viable population of Coulter's saltbush within the 5 -year monitoring
period. If it becomes apparent that the performance standards cannot be
achieved, the City and resource agencies may agree to extend the monitoring
period and/or implement remedial measures.
Mitigation Measure 4.5.1, as approved by the City on November 27, 2009 provides for the
following:
Translocation of Coulter's Saltbush Population. Prior to approval of the
grading plan, the City of Newport Beach (City) Director of Planning, or designee,
shall verify that a translocation plan for Coulter's saltbush has been prepared by
a qualified, experienced biologist. The plan shall include the following elements:
• Location of one or two suitable receptor site(s), in an area or areas of
suitable habitat, with adequate size to accommodate the existing population,
as well as future growth of the population.
• Procedures for site preparation and translocation of the existing population.
• Preparation for and methods of salvaging and translocating the existing
population, including the recovery of topsoil with existing seed bank. Blocks
of topsoil shall be moved intact to the extent feasible.
Identification of performance standards, i.e., at least half (nine) of the plants
are evident in any given year following the third year of the monitoring period.
This mitigation standard may be adjusted any time prior to the end of the
monitoring period under mutual agreement by the City and the resource
agencies (i.e., United States Fish and Wildlife Service [ USFWS] and
California Department of Fish and Game [CDFG]), particularly if factors
beyond human control limit the ability to establish a viable population of
Coulter's saltbush within the 5 -year monitoring period.
• Maintenance and monitoring provisions (for a minimum of 5 years) to
promote and document the success of the effort.
• Measures to be implemented if the translocation effort does not achieve the
expected results. If it becomes apparent that the performance standards
cannot be achieved, the City and resource agencies may agree to extend the
monitoring period and /or implement remedial measures.
The plan shall be prepared in cooperation with representatives from the USFWS
and the CDFG. The project biologist shall supervise and monitor implementation
of the plan, which shall be initiated prior to grading in the affected habitat area.
Once the population of Coulter's saltbush on site is transplanted to the suitable
receptor site(s), the project biologist shall monitor the population, in accordance
with the plan provisions, including implementation of any requisite maintenance
and/or remedial measures and documenting the progress in annual reports.
TASK I. DEVELOP TRANSLOCATION PLAN
A GLA biologist/botanist familiar with the ecology of Coulter's saltbush will prepare a
comprehensive translocation plan for Coulter's saltbush, which includes the location of the
suitable receptor site or sites. The plan shall be prepared in cooperation with representatives from
the United States Fish and Wildlife Service ( USFWS) and the California Department of Fish and
Game (CDFG).
Consistent with the DEIR and adopted Mitigation Measure 4.5.1, the translocation plan will
include the following components:
• Location of one or two sites for translocation and biological rationale for selection of
sites.
• Methods for salvaging, storing (if necessary) and replanting individuals of Coulter's
saltbush from the project site to suitable receptor site(s).
• Site preparation methods for the receptor /translocation site or sites.
• Provision for seed collection for purposes of propagation prior to translocation, which
will provide "back -up" individuals to ensure the highest probability of success.
• Methods for monitoring success of the translocation.
• Maintenance Requirements.
• Performance standards /success criteria.
• Provisions for adjustment or modification of the success criteria.
• Discussion of preparation of annual report for the five -year monitoring period.
• Remedial Measures to be implemented during the five year monitoring period to
ensure success.
• Contingency Measures to be implemented should the translocation be determined to
be unsuccessful at the end of the five year period.
Also included in this task is time for coordination with the City and resource agencies (i.e.,
CDFG and USFWS) in order to obtain approval of the restoration plan by the resource agencies.
(It is important to note the GLA prepared the Rare Plant Translocation plan for the Southern Sub-
region HCP prepared for Rancho Mission Viejo. That plan included Coulter's saltbush and that
plan has already been approved by USFWS and components of that plan will form the foundation
of the plan prepared for the City).
TASK II. IMPLEMENT TRANSLOCATION
A GLA biologist/restoration specialist experienced in salvage and translocation of special- status
plants will salvage the subject individuals of Coulter's saltbush. The salvaged individuals will be
salvaged with surrounding soil, placed in appropriate containers for transport, short-term storage (if
necessary) and ultimate transport to the relocation site(s). Once on the relocation site(s) the
translocated individuals will be planted in areas prepared in advance for the translocation as set
forth in the translocation plan.
Included in this task is collection of seed (for propagation) prior to translocation of the subject
plants, propagation, storage and introduction of propagated plants to the receptor site or sites. As
noted, the use of propagated plants is a common technique to provide a "back -up" for the
translocated individuals and is important as it ensures opportunities for remedial actions as needed.
TASK III. FIVE YEAR MONITORING PROGRAM
GLA will monitor the success of the translocated Coulter's saltbush for five years to document
success of the translocation program. GLA understands that the program shall be deemed
successful and the performance standards met if at least half (i.e., nine) of the plants are evident
in any given year following the third year of the monitoring period. GLA also understands that
the mitigation standard may be adjusted any time prior to the end of the monitoring period under
mutual agreement by the City and the resource agencies (i.e., USFWS and CDFG), particularly if
factors beyond human control limit the ability to establish a viable population of Coulter's
saltbush within the 5 -year monitoring period. If it becomes apparent that the performance
standards cannot be achieved, the City and resource agencies may agree to extend the monitoring
period and/or implement remedial measures. As necessary, GLA will work with the City, CDFG
and USFWS to modify the requirements if such is determined to be necessary by the City.
Included in this task is preparation of five annual monitoring reports that would be submitted to
the CDFG and USFWS after review and approval by the City. The annual reports will include an
outline of the success criteria and the translocation program's success relative to the
requirements. Site photographs, appropriate maps and tables will be included.
4
GLA's direct expenses shall be those costs incurred directly for the CLIENT'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 fumished 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).
TASK
TOTALCOSTS
Develop Translocation Plan
$4,090
Implement Tmislocation
$3,690
Five Year Mitigation Monitoring
$12,130
TOTAL
19,910
GLENN LUKOS ASSOCIATES
Regulatory Services
SCHEDULE OF FEES AND CHARGES
through March 15, 2011
HOURLY LABOR RATES
Principal -in- Charge
$210
Senior Project Manager
$165
Senior Habitat Restoration Specialist
$105
Project Manager
$105 -85
Habitat Restoration Specialist
$105 -85
Assistant Project Manager
$85 -55
Field Assistant
$60
GIS Technician
$85-65
Clerical
$40
DIRECT EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but
not limited to, necessary transportation costs including mileage by automobile at the current rate set
by IRS, meals, 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 charges.
s:fee2009.doc
29 Orchard Lake Forest California 92630 -8300
Telephone: (949) 837 -0404 Facsimile: (949) 837 -5834
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
ynett e amp,
Assistant City 4D6rney
ATTEST:
Leilani I. Brown,
City Clerk
Attachments
C!Muni
OF NEWP BEACH,
Acipa ration
BSte e . Badum,
Pvblic orks Director
GLENN LU
MM
S, INC.:
Glenn Lukos, J'Lkcu. t%
Chief Executive Officer and
Treasurer
Exhibit A —hof Services
Exhibit B — Schedule of Billing Rates
13
.Lkos