HomeMy WebLinkAboutItem No. 10 PSA with Glenn Lukos AssociatesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-936
Agenda Date: 1/8/2019 Status: PassedVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 10)
Professional Services Agreement with Glenn Lukos Associates
Authorize the City Manager to execute the Professional Services Agreement in an amount not to exceed
$109,362.00 for Biological and Regulatory Support for the Summerhill Drive Extension Project in such
final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 5/9/2023
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Richard J. MacHott, Planning Manager
Date:January 8, 2019
Subject: Professional Services Agreement with Glenn Lukos Associates for
Biological and Regulatory Support for the Summerhill Drive Extension
Project
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with
Glenn Lukos Associates in an amount not to exceed $109,362 for Biological and Regulatory
Support for the Summerhill Drive Extension Project in such final form as approved by the City
Attorney.
Background
Development of the Tuscany Hills community began in the 1980’s with the approval and
subsequent development of Tract Map No. (TR) 17413.The Tuscany Hills Specific Plan, which
included TR 17413 in its southern portion,was adopted by the City Council on January 9, 1990.
Additional development within the southern portion of the Tuscany Hills Specific Plan included
lots developed as part of Tract Map No. 24383. The development of the southern portion of the
specific plan included the construction of Summerhill Drive as its southern access from Railroad
Canyon Road near the interchange with I-15 and Railroad Canyon Road. As of 2003, the southern
portion of the Tuscany Hills Specific Plan had basically been built out;while the northerly portion
remained entirely undeveloped.
On March 22, 2005, the City Council approved Subsequent Environmental Impact Report (SCH
No. 2004071082), Amendment No. 1 to the Tuscany Hills Specific Plan No. 89-3, Tentative Tract
Map (TTM) No. 31370 and related applications, for the subdivision of the 368-acre northern
portion of the specific plan.In addition to the Subsequent EIR, the project was reviewed and
approved through the MSHCP Joint Project Review (JPR) process. As part of the JPR process,
Glenn Lukos Associates prepared the biological reports, MSHCP Consistency Analysis and
Determination of Biologically Superior Preservation (DBESP) analysis.
On June 13, 2017, the City Council approved a final extension of time for TTM 31370, extending
its life to June 1, 2022. TTM 31370 was conditioned to comply with the Mitigation Monitoring and
Reporting Program (MMRP) adopted for this project, as printed with the certified Final Subsequent
Environmental Impact Report. To date, there has been no development within TTM 31370.
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Discussion
Certain road improvement projects are required as part of thedevelopment of TTM 31370. One
of these road projects is the extension of Summerhill Drive from its current terminus near Ponte
Russo north to Greenwald Avenue. However, since approval of TTM 31370 in 2005, there has
been no development of any portion of that project. Therefore, since the extension of Summerhill
Drive will provide a much-needed second access for the Tuscany Hills development,the City will
be moving forward with construction of Summerhill Drive as a capital improvement project. The
completion of Summerhill Drivewill improve the ability of public safety agencies, including police
and fire services, to provide service to the community. It will also create improved opportunities
for residents to enter and exit the Tuscany Hills development.
The extension of Summerhill Drive to Greenwald Avenue is within TTM 31370 (except for a small
portion of recorded right-of-way between the southern boundary of TTM 31370 and Ponte Russo
in TR 24383). This road is also included in the CEQA document for TTM 31370;therefore,no
additional CEQA documentation is required.
As described in the Subsequent Environmental Impact Report, development within TTM 31370
including Summerhill Drive will require permits from the U. S. Corps of Engineers, the California
Department of Fish and Wildlife and the Regional Water Control Board for impact to jurisdictional
waters.
Staff recommends that Glenn Lukos Associates(GLA)perform the necessary biological studies
and to prepare and process the regulatory agency permits that are required prior to construction
of the Summerhill Drive extension. This recommendation is based upon GLA’s expertise in
providing services related to the needed regulatory permits and its familiarity with the Summerhill
Drive Extension project area.
Fiscal Impact
The cost for biological and regulatory support for the Summerhill Drive Extension project is funded
from developer contributions.
Exhibits:
A. GLA –Draft Professional Services Agreement
B. GLA –GLA Proposal, Rev. 12-28-18
C. GLA –Summerhill Drive Extension Location Map
@BCL@480E3BEB Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Glenn Lukos Associates
Summerhill Drive Extension Project
Biological and Regulatory Support
This Agreement for Professional Services (the “Agreement”)is made and entered intoas
of ___________, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and Glenn Lukos Associates, Inc., aCaliforniacorporation("Consultant").
RECITALS
A.The City has determined that it requires the following professional services:
preparation of biological surveys and submittal and processing of regulatory permits for the
Summerhill Drive Extension Project.
B.Consultant has submitted to City a proposal, dated December 20, 2018, attached
hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C.Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D.City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1.Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal (Exhibit A), subject to thedirection of the City
through its staff that it may provide from time to time.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultantshall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b.Performance Schedule. Consultantshall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c.Term.
The term of this Agreement shall commence upon execution of this Agreement and shall
continue until the services and related work are completed in accordance with the Consultant’s
Proposal (Exhibit A).
3.Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed One
Hundred and Nine Thousand Three Hundred and Sixty-Twodollars ($109,362)without additional
written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Exhibit Ashall bereimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4.Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5.Reserved.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultantat least ten
(10) days prior written notice. Upon receipt of such notice, the Consultantshall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b.In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultantthe actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultantwill submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
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actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City’s use of such materials in a manner beyond
the intended purpose as set forth herein.
a.Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultantmakes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
b.Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8.Consultant’s Books and Records.
a.Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or 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 to
this Agreement.
b.Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c.Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
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agreed upon, the records shall be available at Consultant’s address indicated for receipt ofnotices
in this Agreement.
d.Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9.Independent Contractor. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
10.PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributionsfor
PERS benefits.
11.Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a.will conduct research and arriveat conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b.possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12.Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
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this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13.Compliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14.Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever naturewhich are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15.Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the dutyof Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16.Insurance Requirements.
a.Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, forthe duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i.Workers’Compensation Coverage. Consultant shall maintain
Workers’Compensation Insurance and Employer’s Liability Insurance for his/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 Employer’s Liability Insurance in accordance with the laws of the State ofCalifornia
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rightsof subrogation against City, its
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officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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. If a commercial general
liability insurance form or other form witha 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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and InsuranceServices Office form number GL 0404
covering Broad Form Comprehensive General Liability.No endorsement may be attached
limiting the coverage.
iii.Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed.12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv.Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annualaggregate basis, or a combined single limit per occurrence basis.
b.Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and 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 insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
ii.This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
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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 the City, its
elected or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the 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 except after thirty (30) days written
notice has been received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City:City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Attn:______________________
__________________________
__________________________
__________________________
18.Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded intotal by this Agreement.
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19.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.
20.Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit Bwithout the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other thanas otherwise is required by law.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22.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.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24.Litigation Expenses and Attorneys’Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
26.Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27.Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
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into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensionsof time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28.Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
29.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. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
30.Prevailing Wages. Consultantis aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultantagrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultantshall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
31.Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and thesame instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
Glenn Lukos Associates, Inc., a California
corporation
By:,____________________
Its:_____________________
Attachments: Exhibit A –Consultant’s Proposal
Exhibit B –List of Subconsultants
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
i
i
GLENN LUKOS ASSOCIATES
Regulatory Services
December 20, 2018
[Revised December 28, 2018]
Richard J. MacHott
Planning Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
SUBJECT: Revised Proposal for Biological and Regulatory Support for the Summerhill Drive
Extension Project Located in Lake Elsinore,Riverside County, California.
Dear Mr. MacHott:
Glenn Lukos Associates,Inc. (GLA) is pleased to submit this revised proposal for provision of
biological and regulatory consulting services, specifically for the preparation of a General
Biological Report and a Jurisdictional Delineation Report to be used for permitting purposes. In
addition, GLA will process authorizations through(1)the U.S. Army Corps of Engineers (Corps)
pursuant to Section 404 of the Clean Water Act, (2)the California Department of Fish and Wildlife
(CDFW)pursuant to Section 1602 of the California Fish and Game Code, and(3)the California
Water Quality Control Board(Regional Board)pursuant to Section 401 of the Clean Water Act
and/or Section 13260 of the Porter-Cologne Act.
PERSONNEL
Mr. Martin Rasnick will lead a staff of qualified field biologists in the performance of general and
focused biological services. Mr. Rasnick is an environmental planner,project manager, habitat
restoration specialist, and regulatory specialist with over ten years of experience in
environmental entitlements, mitigation monitoring, and mitigation design. Prior to joining Glenn
Lukos Associates, Mr. Rasnick served as the Senior Environmental Planner for a Southern
California environmental engineering firm and the environmental coordinator for a local
Southern California real estate company. He has participated in numerous wetland delineations,
prepared several mitigation plans and functional assessments, assisted in the preparation of
several California Environmental Quality Act (CEQA) documents, and has conducted mitigation
and construction monitoring on several projects throughout Southern California.
29 Orchard ■ Lake Forest ■ California 92630-8300
Telephone: (949) 837-0404 Facsimile: (949) 837-5834
Richard J. MacHott
Planning Manager
City of Lake Elsinore
December 20, 2018
[Revised December 28, 2018]
Page 2
COSTS
The proposed not-to-exceed fee (fixed fee)for performance of Tasks I through XIV, as presented
in the attached scope of work is $99,420 which includes direct costs but which does not include
meetings not specifically addressed in the scope of work. Up to an additional $9,942 may be
charged for direct costs, bringing the total maximum fee for this proposal to $109,362. This
proposal is valid for a period of 180 days after which time changes to the scope and/or proposed
fee may be required to proceed.
The following assumptions are incorporated into the proposed fee:
• All survey work will be limited to the Summerhill Drive Extension Project. If offsite
improvements are anticipated, GLA must be so informed prior to start of work so that we
can prepare a revised proposal.
• Permission to access the study areas and keys or combinations to locked gates will be
obtained by the client and provided to GLA. Please be advised that GLA cannot perform
offsite work or prepare reports about offsite areas without the written permission of those
property owners.
• Field studies will be performed at a time,to be arranged with the client.
• The site is known to contain suitable habitat for the following species: burrowing owl, least
Bell's vireo, and southwestern willow flycatcher. Focused surveys will be conducted for
these species as identified in the attached scope of work.
The amount of work required to obtain a favorable permit decision is always difficult to estimate
due to the unpredictable amount of coordination and negotiation necessary with government
agencies. The estimated fees cover all efforts that may reasonably be anticipated at this point in
time as required to obtain final authorization from the Corps, CDFW, and Regional Board.
The following assumptions are incorporated into the proposed fee:
1. Although the project will not likely"cause the loss of more than '/2 acre of waters of
the United States, it may"cause the loss"of more than the 300 linear feet of
jurisdictional drainages allowed by the current NWPs. This scope of work and cost
proposal is based on the assumption that we will be able to get the Corps to waive
this 300-foot limit, and allow the work to be authorized by NWP. If the Corps does
not waive the 300-foot limit,then it will be necessary to apply under the individual
Richard J. MacHott
Planning Manager
City of Lake Elsinore
December 20, 2018
[Revised December 28, 2018]
Page 3
permit program. In such case GLA will prepare a request for a change order for the
additional tasks associated with processing an individual permit.
2. This proposal is for the delineation and permitting of work within the Project site
itself. If offsite work is required we must be made aware of it before work starts so
that we can include it in our scope of work and cost proposal and so that it will be
included in our work and your permits.
3. Sufficient space for mitigation occurs on site or on client-specified adjacent
properties.
4. Not more than two meetings with the Corps, CDFW,U.S. Fish and Wildlife Service
(USFWS), and/or Regional Board.
5. No supervision of or attendance at public hearings.
6. No resubmittals of notifications to the resource agencies required by changes to the
project design.
7. No work for an EIS, if required by a federal agency; no work for an EIR, if required
by a state agency.
8. No archaeological/culturalresource surveys.
9. No work specific to a Section 7 Consultation pursuant to the Endangered Species
Act.
10. No subsurface investigation of groundwater conditions (if necessary).
11. No updates or amendments to MSHCP approvals that have already been issued.
Supplementary services beyond the limits of this scope of work, if needed, are available from GLA,
subject to subsequent proposals. If major changes in the scope of work are required,the client will
be notified at the earliest possible time.
MATERIALS NEEDED FROM THE CLIENT
Prior to the start of work, GLA will need the following materials:
1. A recent color aerial photograph of the site at a scale of not less than 200 feet to the
inch. Preferably,we would like to have the aerial photograph as a geo-referenced
and ortho rectified digital file(TIFF format in State Plane Coordinates).'
2. A digital file of the base topographic map of the project area(DWG format in State
Plane Coordinates).
If a recent color aerial photograph is not readily available,we may be able to obtain a suitable photograph from an
online source for a small fee of$65.
Richard J. MacHott
Planning Manager
City of Lake Elsinore
December 20, 2018
[Revised December 28, 20181
Page 4
3. A digital file of the plan view of the project boundary,proposed grading, and other
infrastractural improvements as an overlay to the existing topo (DWG format in
State Plane Coordinates and PDF files).
SCHEDULE
Fieldwork will begin within two weeks following receipt of formal authorization to proceed, or
as otherwise arranged with the client.
Providing this revised proposal is acceptable,please so indicate by signing both copies of the
attached Authorization for Professional Services and returning one signed copy to GLA. Your
signature will constitute agreement to the terms set forth therein and will represent formal
authorization to proceed.
If you have any questions regarding this revised proposal, please contact Thienan Pfeiffer at
(949) 340-9088.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Thienan Pfeiffer
President
MAR
p:1228-2a.pro.doex
SCOPE OF WORK
GENERAL BIOLOGICAL REPORT,JURISDICTIONAL DELINEATION,AND
SECTION 404/401 AND SECTION 1602 PERMIT PROCESSING FOR
SUMMERHILL DRIVE EXTENSION PROJECT
LAKE ELSINORE,RIVERSIDE COUNTY, CALIFORNIA
TASK I. CONDUCT GENERAL BIOLOGICAL SURVEYS
GLA performed biological surveys in 2004 for the Tuscany Hills (Toscano Heights)Project, which
included the extension of Summerhill Drive. Several of the biological studies performed in 2004
will need to be updated for the Summerhill Drive alignment in order to support the permitting of the
Project. GLA will update certain biological surveys and the jurisdictional delineation as described
below.
Existing maps, documents, databases, and correspondence relative to the proposed project will be
reviewed and analyzed. Included in this task will be a review of the California Natural Diversity
Database (CNDDB), California Native Plant Society(CNPS)Rare Plant Inventory,Federal
Register,U.S. Fish and Wildlife Service(USFWS)occurrence data, and previous biological
documentation prepared for the vicinity.
Based on previous surveys performed by GLA for the Tuscany Hills Project, and the presence of
potentially suitable habitat, we have included updated focused surveys for the following species:
burrowing owl (Task III), least Bell's vireo (Task IV), and southwestern willow flycatcher (Task
IV). If GLA determines that additional updated surveys may be warranted based on current
condition, GLA will advise the Client and can prepare a separate proposal to perform the
additional required focused surveys.
GLA biologists shall conduct general biological surveys for the property, recording all flora and
fauna observed on site in field notes. Should any sensitive species and/or habitats be identified
during performance of general surveys, their descriptions shall be recorded in field notes and
locations will be indicated on a map of the site. Lists of all flora and fauna identified on site
shall be included in Floral and Faunal Compendia prepared for inclusion in the final biological
technical report. A map of sensitive species/habitat locations shall also be included in the report.
Vegetation on the project site will be mapped according to Holland(19862). The vegetation
mapping will be performed on a 400-scale(or larger) aerial photograph less than two years old. All
flora and fauna identified on site during vegetation mapping will be included in floral and faunal
compendia prepared for the property.
TASK II. PERFORM FOCUSED SURVEYS FOR SENSITIVE PLANTS
GLA biologists shall conduct updated focused surveys for sensitive plant species which have the
potential to occur on site. Please be aware that focused surveys for many plant species can only
be performed during specific times of the year. GLA will perform the focused plant surveys
coinciding with the blooming periods for the target species, as applicable. The identification of
2 Holland,R.F. 1986. Preliminary descriptions of the terrestrial natural communities of California. Sacramento,CA:Nongaine-
Heritage Program,California Dept.Fish and Game. 156 pp.
any sensitive species on site will be recorded in field notes and their locations and estimated
population size(s) will be noted on a map of the site to be submitted with the final biological
technical report. All flora and fauna identified on site during performance of focused surveys
will be included in floral and faunal compendia prepared for the property.
TASK III. CONDUCT FOCUSED BURROWING OWL SURVEYS
The Project Site is located within the MSHCP Survey Area for the burrowing owl (Athene
cunicularia). GLA will conduct updated burrowing owl surveys following the MSHCP
Burrowing Owl Survey Instructions. Step I includes a general habitat assessment for the
burrowing owl. If suitable habitat exists on site,then step II must be conducted. Step 11,Part A
requires a focused burrow survey to locate and map suitable burrows with the potential to be
occupied by burrowing owls. This includes observing burrow for diagnostic owl sign, including
whitewash, regurgitated pellets, bones, feathers, etc. If suitable burrows are identified, then
focused surveys are required; which are to be conducted during the breeding season(March 1
through August 31). A total of four focused survey visits are required per survey polygon, which
may include the focused burrow survey if conducted during the breeding season. The results of
the focused burrowing owl surveys will be included in the General Biological Report.
TASK IV. CONDUCT FOCUSED SURVEYS FOR LEAST BELL'S VIREO AND
SOUTHWESTERN WILLOW FLYCATCHER
GLA will conduct updated focused surveys for the federal and state endangered least Bell's vireo
(Vireo bellii pusillus) and southwestern willow flycatcher(Empidonax traillii extimus)within areas
that support suitable habitat for each species.
Surveys for the southwestern willow flycatcher will follow the 2010 U.S. Fish and Wildlife
Service (USFWS) Guidelines, which require five survey visits between May 15th and July 17tH
A biologist holding a valid Section 10(a) (1) (A)permit for the flycatcher will conduct the
surveys. GLA will submit a notification to the U.S. Fish and Wildlife Service (USFWS) at least
10 days prior to conducting the surveys and will obtain at least a verbal approval to proceed.
Surveys for the least Bell's vireo will follow the 2001 USFWS survey guidelines, which
recommend a minimum of eight survey visits, at least ten days apart, between April 10th and July
31St, with each survey covering no more than 50 hectares (approximately 110 acres) and no more
than three linear kilometers.
Since the survey periods for the vireo and flycatcher overlap, GLA will conduct a total of eight
survey visits, five visits for both flycatcher and vireo, and three additional visits specifically for the
vireo.
Following the completion of surveys, a report will be prepared to document the results of the
flycatcher and vireo surveys. This report must be submitted to USFWS within 45 days of
completion of surveys as a requirement of the biologist's permit to specifically conduct the
flycatcher surveys. The results of the focused surveys will also be included in the General
Biological Report.
TASK V. PREPARE GENERAL BIOLOGICAL REPORT
A general biological report will document the findings of the updated general and focused
biological surveys. The report will provide a full description of the existing conditions on the site
including vegetation communities (vegetation map included), sensitive plants or animals identified
onsite(sensitive species map to be included), and a discussion of sensitive plants and animals not
identified onsite and whether there are sensitive plants and/or animals with potential to occur. This
task and cost estimate include budget sufficient for one thorough revision to the draft(initial)report.
TASK VI. DELINEATE ON SITE FEDERAL AND STATE AGENCY JURISDICTION
Existing maps,documents and correspondence relative to the proposed project will be reviewed and
analyzed. New information requirements will be identified and strategies for acquiring this
information will be determined.
A field team of regulatory specialists will delineate Corps jurisdictional boundaries within the
project site. The field team will investigate specific conditions relating to jurisdictional criteria
defining"waters of the United States"in accordance with the 2015 Clean Water Rule.' Wetland
vegetation indicator species,hydric soils, and appropriate hydrology will be evaluated pursuant to
the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual4(1987 Manual) and the 2008
Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region
(Version 2.0).5 The Ordinary High Water Mark(OHWM)will be evaluated using the methodology
set forth in the 2008 Field Guide to the Identification of the Ordinary High Water Mark(OHWM) in
the Arid West Region of the Western United States.6 These data will be recorded on the aerial
photograph for use in preparing jurisdictional maps and incorporating into the biological technical
report.
A field team of regulatory specialists will delineate CDFW jurisdictional boundaries within the
project site. All intermittent and ephemeral streams,rivers, creeks, dry washes, sloughs,blue-line
streams, and watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other
means of water conveyance, and lakes will be examined for indicators of CDFW jurisdiction.
These indicators include biologic components of aquatic systems (such as riparian vegetation) and
physical features (such as a bed or channel,banks, levees, instream features such as logs or snags,
and flood plains). Measurements of this jurisdiction will be taken at periodic intervals along the
U.S.Army Corps of Engineers. Environmental Protection Agency. 2015. Clean Water Rule: Definition of
"Waters of the United States"; Final Rule.
'Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1,
U.S. Army Engineer Waterways Experimental Station,Vicksburg,Mississippi.
5 U.S.Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation
Manual.-Arid West Region (Version 2.0). Ed. J.S.Wakeley,R.W.Lichevar, and C.V.Noble. ERDC/EL TR-08-28.
Vicksburg,MS: U.S. Army Engineer Research and Development Center.
a U.S.Army Corps of Engineers. 2008. A Field Guide to the Identification of the Ordinary High Water Mark
(OHWM) in the Arid West Region of the Western United States. R.W. Lichevar,and S.M.McColley.
ERDC/CRREL TR-08-12. Hanover,NH: Cold Regions Research and Engineering Laboratory,U.S. Army Engineer
Research and Development Center.
i
drainage and mapped onto a 200-scale topographic map. Isolated wetlands (such as vernal pools)
are generally not considered to be within CDFW jurisdiction.
The Regional Board's jurisdiction pursuant to Section 401 of the Clean Water Act will be identical
to that of the Corps pursuant to Section 404 of the Clean Water Act. However, where the Corps
declines jurisdiction due to isolation or lack of nexus with interstate waters,the Regional Board will
claim jurisdiction over such waters pursuant to the Porter-Cologne Act. GLA will identify and
delineate any such waters and keep track of those waters separately from those within Corps
jurisdiction.
TASK VII. PREPARE JURISDICTIONAL DELINEATION REPORT
A regulatory specialist will prepare a letter report to document the findings concerning Corps,
Regional Board, and CDFW jurisdiction on the site. The report will document the extent of
jurisdiction, assess wetland-related biological resources, and discuss permitting strategies.
Documentation will consist of(1) field data sheets (as an appendix), (2) color photographs of
representative jurisdictional areas (and non-jurisdictional areas that could be mistaken for
jurisdiction), (3) a topographic map (at the scale provided by the client,but not less than 200-scale)
of the limits of jurisdictional areas (the map will show all points at which measurements were made
and soil pits examined), and, if applicable, (4)a table showing the area of Corps,Regional Board,
and CDFW jurisdiction for each drainage and tributary.
TASK VIII. PROJECT COORDINATION
GLA will coordinate the results of all updated studies with the Project team to ensure that any
potential problems are made known and resolved at the earliest possible opportunity. This task
includes a maximum of three meeting with the project team and miscellaneous coordination not to
exceed 20 hours.
TASK IX. FORMULATE MITIGATION PLAN
Feasible measures for mitigating any impacts upon wetland/riparian resources resulting from project
implementation will be recommended for consideration. Agency policy generally requires that: (1)
on site mitigation be given full consideration(even though it may require changes in project design),
(2)mitigation be like-in-kind (to the maximum extent possible), and(3)habitat be replaced at no
less than 1 to 1 by area(even if mitigation is designed so as to result in higher value habitat).
Emphasis will be placed upon providing the maximum attainable compatibility between project
design objectives and regulatory requirements. Off site mitigation will be required if on site
mitigation is not feasible,however, the search for suitable off site mitigation locations is not
included in this scope of work.
After approval of recommended mitigation by the client, conceptual grading and planting plans will
be prepared. Conceptual plans will include plant lists, conceptual grading plans, a general
description of site preparation methods, biological monitoring program, maintenance program, and
other information sufficient to satisfy resource agency review requirements. A final planting plan
with specifications sufficient to obtain bids for installation of the mitigation should be prepared only
after obtaining approval from all the agencies;preparation of a final plan,if necessary, is not
included in this scope of work. Grading necessary for the conceptual mitigation plan will be
recommended by GLA,however,final grading plans must be reviewed and approved by the client's
engineer at the client's expense.
TASK X. PROCESS SECTION 404 AUTHORIZATION
The current nationwide permits (NWP)became effective on March 19, 2017 and will expire on
March 18,2022. The proposed work will cause the loss of less than ''/z acre of jurisdictional waters
but may cause the loss of more than 300 linear feet of jurisdictional waters (the limit allowed by the
NWP number 14. Nevertheless,the proposed work otherwise complies with the terms and
conditions of this NWP and is not subject to (restricted by) any of the Regional Conditions issued
by the District office of the Corps. In such cases the NWP provides that the Corps can, on a case-
by-case basis,waive the 300-foot limit of impacts.
If necessary, GLA will prepare a request for waiver of the 300-foot limit and a Pre-Construction
Notification(PCN)in accordance with Corps regulations and, only upon review and approval by the
client, submit the PCN to the Corps for processing.
The Corps' new 300 linear-foot waiver procedure includes general agency coordination
regarding the proposed waiver with other state and federal resource agencies, such as the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife Service,the CDFW, and the
Regional Board. The waiver coordination process allows other resource agencies ten calendar
days from the date that the material has been transmitted to them to inform the Corps (via
telephone, fax, or electronic mail)that they intend to provide substantive, site-specific comments
regarding the waiver. The comments must explain why the agency believes the adverse effects
will be more than minimal. If so contacted by an agency,the Corps will wait an additional 15
calendar days before making a decision on the pre-construction notification. The district
engineer will fully consider agency comments received within the specified time frame
concerning the proposed activity's compliance with the terms and conditions of the NWPs,
including the need for mitigation to ensure the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal.
Under the Corps' new NWP program, the Corps "strongly recommends"that the applicant
submit a functional assessment of waters at the project site to support a request of a waiver of the
300-foot-rule and in support of the PCN. In cases where the impacts to waters will be minimal, a
functional assessment may not be necessary. In California the functional assessment is generally
accomplished through the California Rapid Assessment Method (CRAM). Whereas the
preparation of a site-specific functional assessment is time-consuming and expensive; and
whereas the Corps has not consistently requested functional assessments to be provided with
waiver requests, we are not proposing to prepare a functional assessment at this time, but
recommend waiting to see if we can process the waiver and PCN without one for this project.
However, if a functional assessment is required by the Corps to provide concurrence that the
Project's disturbance will only result in minimal adverse effects to the aquatic environment,then
we will provide a change order to conduct such a study.
If the Corps ultimately declines to waive the 300-foot limit and the project cannot be designed so as
to avoid all but 300 linear feet of jurisdictional waters,then it will be necessary to seek Corps
authorization through the individual permit process. This scope of work and cost proposal does not
include any of the additional tasks required for processing an individual permit.
TASK XI. PREPARE STREAMBED ALTERATION NOTIFICATION
A 1602 Streambed Alteration Notification will be completed in accordance with CDFW standards
and, only after review and approval by the client, submitted to the CDFW for review.
The notification to CDFW will include, at a minimum:
• detailed description of the proposed project,including grading plans provided by the client;
• detailed description of the property(especially wetlands)to be impacted by the proposed
project, as extracted from other reports and documents provided by the client;
• discussion of approvals and certifications being obtained from other federal, state, or local
agencies;
• conceptual mitigation plan as discussed above; and
• a completed notification form as required by CDFW.
Please be aware that CDFW generally will not accept a notification unless accompanied by a draft
or recently certified CEQA document.
TASK XII. PREPARE REQUEST FOR 401 WATER QUALITY CERTIFICATION
AND/OR WASTE DISCHARGE REQUIREMENT
A 401 Water Quality Certification is only required when a project, affecting waters of the United
States,requires a federal action such as a Corps permit. If there is no federal action,but waters of
the state are being affected,the Regional Board requires the processing of a Waste Discharge
Requirement pursuant to the Porter-Cologne Act. A written request for 401 Water Quality
Certification and/or an application for a Waste Discharge Requirement will be prepared and, only
after review and approval by the client, submitted to the Regional Board for review.
The request to the Regional Board will include, at a minimum:
• detailed description of the proposed project, including grading plans provided by the client;
• detailed description of the property(especially wetlands)to be impacted by the proposed
project, as extracted from other reports and documents provided by the client;
• discussion of approvals and certifications being obtained from other federal, state, or local
agencies; and
• conceptual mitigation plan as discussed above.
Please be aware that the Regional Board generally will not accept an application unless
accompanied by a draft or recently certified CEQA document.
TASK XIII. COORDINATE PROCESSING
The 404 waiver request and Pre-Construction Notification,the 1602 notification, and 401 Water
Quality Certification/Waste Discharge Requirement request will be coordinated with the Corps,
CDFW,and Regional Board throughout processing to ensure that any potential problems are made
known to the client and resolved at the earliest possible opportunity. Not more than two meetings
with the Corps, CDFW,U.S. Fish and Wildlife Service(USFWS), and/or Regional Board are
assumed. The degree of effort anticipated and included under this task is based on a reasonable and
general approximation of effort and includes approximately 50 hours of coordination time. It is not
feasible to know with certainty what level of coordination an agency will require because this is
dependent on the specific agency personnel processing the permit and client perspectives. In the
event that the agencies require additional information beyond the reasonable and anticipated level of
effort estimated in this task, GLA will notify the Client to discuss the need for a change order.
TASK XIV. CONDUCT PRE-CONSTRUCTION BURROWING OWL SURVEY
A qualified biologist will perform a single-visit preconstruction survey no more than 30 days
prior to ground disturbance as required by the Tentative Tract Map (TTM) No. 31370 (Tuscany
Hills North) mitigation measure. A qualified biologist familiar with burrowing owl and the
survey approach will perform the work. All areas of suitable habitat will be carefully walked for
observation of direct and/or indirect sign of the species. Any indication of the species will be
mapped by hand and GPS coordinates recorded. Photographs of the property and location of
detection will be taken. A letter-format report will be written and submitted to the Client within
seven days of completing the field work.
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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
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. No administrative charge shall be 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 information 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
Task I. Conduct General Biological Surveys $1,860
Task II. Conduct Focused Plant Surveys $2,850
Task III. Conduct Focused Burrowing Owl Surveys $4,420
Task IV. Conduct Vireo and Flycatcher Surveys $16,960
Task V.Prepare General Biological Report $9,170
Task VI. Conduct Jurisdictional Delineation $3,510
Task VII.Prepare Delineation Report $6,810
Task VIII. Coordinate with Project Team $5,630
Task LX.Formulate Mitigation Plan $10,820
Task X.Prepare Waiver Re uest/PCN $10,360
Task XI.Prepare Notification to CDFW $7,890
Task XII.Prepare Notification to Regional Board $7,890
Task XIII. Coordinate Processing $9,390
Task XIV. Conduct Pre-Con BUOW Survey $1,860
NOT-TO-EXCEED FIXED FEE $99,420
Direct Costs(up to 10%of SOW) $9,942
TOTAL MAXIMUM FEE $109,362
AUTHORIZATION FOR PROFESSIONAL SERVICES
REVISED
GLENN LUKOS ASSOCIATES
Regulatory Services
Date: December 28,2018 Project Number: 1228-0002summ
Project Name: Revised-Provide Biological and Regulatory Support for the Summerhill Drive Extension Project,
Located in Lake Elsinore,Riverside County
Client: City of Lake Elsinore
Address: 130 South Main Street,Lake Elsinore,California 92530
hereby requests and authorizes GLA to perform the following services:
SCOPE OF SERVICES
See revised proposal letter dated December 28,2018.
SCHEDULE
To begin following receipt of formal authorization to proceed.
COMPENSATION
The proposed not-to-exceed fee(fixed fee)for performance of Tasks I through XIV, as presented in the attached
scope of work is$99,420 which includes direct costs but which does not include meetings not specifically addressed
in the scope of work.Up to an additional$9,942 may be charged for direct costs,bringing the total maximum fee for
this proposal to$109,362.
MISCELLANEOUS
The services covered under this agreement are subject to federal agency involvement beyond the control of GLA.
The proposed fee reflected in this agreement is based on our best estimates, as of this date,of the nature and results
of this agency involvement. Should agency actions during the life of this agreement require readjustment of the fee,
the client will be advised and a new fee will be mutually agreed upon.
Services covered by this authorization shall be performed in accordance with STANDARD PROVISIONS stated
herein.
Approved for CLIENT Accepted r G F.
By By
Name Name Thienan Pfeiffer
Title Title President
Date Date December 28,2018
s: 1228-lb.con.docx
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29 Orchard ■ Lake Forest ■ California 92630-8300
Telephone: (949) 837-0404 Facsimile: (949) 837-5834
STANDARD PROVISIONS
1. Authorization to Proceed 4. Termination
Signing this form shall be construed as authorization Either CLIENT or GLA may terminate this
by CLIENT for GLA to proceed with the work, authorization by giving 30 days written notice to the
unless otherwise provided for in the authorization. other party. In such event, CLIENT shall pay GLA
in full for all work previously authorized and
2. Direct Expenses performed prior to effective date of termination.
Such payment shall be made within two weeks unless
GLA's direct expenses shall be those costs incurred otherwise agreed. If no notice of termination is
directly for the CLIENT's project,including,but not given,relationships and obligations created by this
limited to,necessary transportation costs including authorization shall be terminated upon completion of
mileage by automobile at the maximum rate allowed all applicable requirements of this authorization.
by IRS,meals and lodging, laboratory tests and
analyses, computer services,retention and 5. Legal Expenses
management of technical consultants,telephone,
printing, and binding charges. Reimbursement for In the event legal action is brought by CLIENT or
these expenses shall be on the basis of actual charges GLA against the other to enforce any of the
when furnished by GLA. An administrative charge obligations hereunder or arising out of any dispute
of 15%shall be applied to all direct expense charges. concerning the terms and conditions hereby created,
the losing party shall pay the prevailing party such
3. Professional Standards reasonable amounts for fees, costs and expenses as
may be set by the court.
GLA shall be responsible,to the level of competency
presently maintained by other practicing 6. Payment to GLA
environmental consultants in the same type of work
in CLIENT's community,for the professional and Monthly invoices will be issued by GLA for all work
technical soundness,accuracy, and adequacy of all performed under the terms of this agreement.
work and materials furnished under this Invoices are due and payable upon receipt. Finance
authorization. GLA makes no other warranty, charges, computed by a"Periodic Rate" of 1-1/2%
expressed or implied. per month(applied to the previous month's balance
after deducting payments and credits for the current
month),will be charged on all past-due amounts
unless otherwise provided by law or by contract.
TTM 31370
I-1
5
RIVERSIDE ST
SUM
M
E
R
H
I
L
L
D
R
GR
E
E
N
W
A
L
D
A
V
E
LO
N
G
H
O
R
N
D
R
TYSON RD
VACATION DR
SCENIC CREST DR
LITTLE VALLEY RD
RO
B
E
R
T
S
T
VIA DE LA VALLE
PE
N
N
Y
P
L
LA STRADA
CLAIRE RD
V
I
A
S
C
E
N
I
C
A
DORCHESTER LN
DO
W
L
I
N
G
R
D
BE
L
L
A
V
I
S
T
A
BIG
R
A
N
G
E
R
D
PL
A
Z
A
A
V
I
L
A
CAN
Y
O
N
E
S
T
A
T
E
S
D
R
MARRELLI RD
VILL
A
G
E
W
A
Y
D
R
TASSEL
W
A
Y
PONTE RUSSO
COR
T
E
M
A
D
E
R
A
ST
E
E
L
E
V
A
L
L
E
Y
R
D
S
T
R
A
D
A
L
U
N
G
A
D
E
L
P
I
Z
Z
O
L
I
V
I
L
L
A
V
A
L
T
E
L
E
N
A
EA
R
L
Y
R
O
U
N
D
D
R
BELLA DO
N
A
C
I
V
I
S
T
A
P
A
L
E
R
M
O
VI
L
L
A
M
I
L
A
N
O
MI
S
S
O
U
R
I
T
R
L
RA
I
L
R
O
A
D
C
A
N
Y
O
N
R
D
CANYON VIEW DR
AM
B
R
I
D
G
E
S
T
CANYON CLUB DR
RIDGE
V
I
E
W
D
R
LIGHTHOUSE DR
PE
A
R
L
P
O
I
N
T
C
T
S
A
N
J
O
A
Q
U
I
N
D
R
W
BONICA ST
VIA
D
E
L
L
A
G
O
BASS P
L
C
H
A
M
P
I
O
N
D
R
BOAT
I
N
G
W
A
Y
I-1
5
Legend
Summerhill Drive Extension
TTM_31370
City Boundary
.Sources: City of Lake Elsinore GIS, County of Riverside GIS
SUMMERHILL DRIVE EXTENSION
LOCATION MAP