HomeMy WebLinkAbout03 - CC-4 - PSA with Glenn Lukos Associates - 10/15/2019ATTACHMENT 6
ATTACHMENT 7
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RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and authorize the City Manager to sign the Justification for Single Source
Request for Glen Lukos Associates for restoration and biological monitoring
services (Attachment 1);
2. Approve the proposed Professional Services Agreement (PSA) with Glenn Lukos
Associates for the restoration and biological monitoring of vernal pools 5, 6, and 7
within Fairview Park for a total not-to exceed amount of $126,046 (Attachment 2);
3. Approve a contract term of six (6) years, commencing October 15, 2019 and ending
on October 14, 2025;
4. Approve a ten (10) percent contingency, if needed, in the amount of $12,600; and,
5. Authorize the City Manager and City Clerk to execute the proposed agreement and
future amendments to the agreement within City Council authorized limits.
BACKGROUND:
In August 2017, the City Council adopted Resolution No. 17-52, which authorized staff
to file a grant application for the State of California Department of Parks and Recreation
Habitat Conservation Fund Program to restore the watersheds associated with several
vernal pools (pools 5, 6, 7 and 4) at Fairview Park (Attachment 3). The resolution
CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 15, 2019 ITEM NUMBER: CC-4
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH GLENN LUKOS
ASSOCIATES FOR THE RESTORATION AND LONG-TERM
MAINTENANCE AND MONITORING OF FAIRVIEW PARK VERNAL
POOLS 5, 6 AND 7
DATE: SEPTMEBER 24, 2019
FROM: PARKS AND COMMUNITY SERVICES DEPARTMENT
PRESENTATION
BY:
CYNTHIA D’AGOSTA, FAIRVIEW PARK ADMINISTRATOR
FOR FURTHER INFORMATION
CONTACT:
CYNTHIA D’AGOSTA, FAIRVIEW PARK
ADMINISTRATOR, 714-754-5315,
CYNTHIA.DAGOSTA@COSTAMESACA.GOV
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allowed the City to enter into contract with the State of California and certified the City’s
intent to match the funding should the grant contract be awarded.
In June 2018, the City received a notification of grant award from the California
Department of Parks and Recreation Habitat Conservations Fund for Fairview Park
vernal pools restoration (Attachment 4).
Subsequent to the grant approvals, the Department of U.S. Fish and Wildlife
approved the “Long Term Maintenance Plan for Vernal Pools 5 and 6, and
Associated Watershed Areas” (the “Plan”), which was developed by Glenn Lukos
Associates, as they had previously worked on vernal pools within Fairview Park
(Attachment 1, Exhibit A), and issued a Native Endangered Species Recovery -
Endangered Wildlife Permit to the City, effective 06/14/2018 - 06/13/2023, Permit
#TE87580B-0 (the “Permit”) (Attachment 5).
On April 16, 2019, the City Council formally approved the acceptance of the
California Department of Parks and Recreation grant for the Fairview Park vernal
pools restoration (Attachment 6). The grant approval and a budget adjustment
recognizing $150,000 in State grant funding and $150,000 in required matching
funds by the City allowed the City to appropriate a total of $300,000 to the Fairview
Park Vernal Pool and Watershed Restoration Project. As part of the grant, the City
filed a 20-year deed restriction on the restored parcels.
ANALYSIS:
The vernal pool restoration that is covered by the grant, the Plan, and the Permit,
includes the removal of non-native plants, turf, and existing irrigation; the planting
and reestablishment of vernal pool native plants and temporary irrigation; the
restoring of elevation and contours of pools 5 and 6; the inoculation of fairy shrimp
cysts; and the addition of delineation fencing and educational signage in and
around vernal pools 5, 6, and 7. The pools and watersheds support several
sensitive plant species and the federally endangered San Diego and Riverside
Fairy Shrimp.
Project implementation is subject to specific seasonal conditions associated with
the presence of fairy shrimp, migratory bird patterns, and dry versus wet pool
conditions. The project is expected to be performed and completed between fall
(October/November) 2019 and late-winter (February/March) of 2020, with
mitigation monitoring to occur for a period of five-years after completion.
The Department of U.S. Fish and Wildlife has specifically identified Glenn Lukos
Associates, authors of the approved Plan and the authorized agents in the Permit, to
conduct the work (Attachment 7).
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Section 21-101, Subsection No. 3 of the Purchasing Policy outlines that, “If a contractor
develops a particular expertise through demonstrated past performance which has been
investigated and determined to be satisfactory in this area of expertise, then such
contractor may be awarded a subsequent contract for related work, provided that the
Sole Source justification requirements outlined in this Section are satisfied. Such a
contractor may be designated as an exclusive contractor if the City would be adversely
affected by bringing in another vendor who would be required to meet the expert
contractor’s level of expertise and existing knowledge and involvement in a specific
project.”
Approval of the contract will advance the City's efforts to protect and preserve the
sensitive and regulated species within Fairview Park as is outlined in the Fairview Park
Master Plan.
Section 12-103 (Terms of Contracts) of the Purchasing Policy provides that the
“duration of a service contract will depend on the City’s need, prevailing market
conditions, contract start-up costs, and the City’s best economic interest.” Subsection
(2) of Section 12-103 further provides: “In no case shall a service contract exceed five
(5) years in duration unless specifically approved by the City Council.” Here, pursuant
to the requirements of the Plan, the scope of work includes approximately one year of
restoration activities followed by five years of mitigation monitoring. Accordingly, staff is
requesting that the City Council approve a six (6) year term.
ALTERNATIVES CONSIDERED:
The City Council may choose to not approve the agreement. However, if the agreement is
not approved, the City will forfeit the project and restoration efforts, and be required to
return the State grant funding.
FISCAL REVIEW:
On April 16, 2019, the City Council previously approved a budget adjustment
recognizing $150,000 in State grant funds and the required match of $150,000 from the
Capital Improvements Fund. As part of the FY 2019-20 Budget adoption, the City
Council authorized this project budget as an ongoing appropriation to carry forward from
the prior fiscal year. The City’s funding will be utilized to cover the full costs of
restoration for the areas associated with vernal pools 5, 6 and 7, and associated
watershed areas. The State grant portion will be allocated to a later phase of the
restoration, which will address vernal pool 4 restoration and associated watershed.
CITY COUNCIL GOALS & PRIORITIES:
Approval of the agreement will advance the City's efforts to protect and preserve the
sensitive and regulated species within Fairview Park as is outlined in the Fairview Park
Master Plan. This project also works towards achieving the following City Council Goals
and objectives:
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Goal 2: Improve our Neighborhoods and Quality of Life:
(b) Improve, expand and add to our open space via a Recreation Open Space
Plan, along with enhancing restoration activities at our nature parks (Including
Fairview Park’s restoration plan and Canyon Park).
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the PSA and has approved them
as to form.
CONCLUSION:
In an effort to continue with ongoing restoration and preservation efforts at Fairview
Park, including to federally regulated vernal pools, staff recommends that the City
Council:
1. Approve and authorize the City Manager to sign the Justification for Single Source
Request for Glen Lukos Associates for restoration and biological monitoring
services;
2. Approve the Professional Services Agreement with Glenn Lukos Associates for the
restoration and biological monitoring of vernal pools 5, 6, and 7 within Fairview Park
for a total not-to exceed amount of $126,046;
3. Approve a contract term of six (6) years, commencing October 15, 2019 and ending
on October 14, 2025;
4. Approve a ten (10) percent contingency, if needed, in the amount of $12,600; and
5. Authorize the City Manager and City Clerk to execute the proposed agreement and
future amendments to the agreement within Council authorized limits.
_________________________________ _________________________________
CYNTHIA D’AGOSTA YVETTE E. AGUILAR
Fairview Park Administrator Acting Parks and Community Services
Director
________________________________ _________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Director of Finance City Attorney
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Attachments:
1. Sole Source Justification Form
2. Professional Services Agreement with Glenn Lukos Associates
3. City Council Resolution No. 17-52
4. California Department of Parks and Recreation Habitat Conservations Fund
Award Letter
5. US FWS Permit #TE87580B-0
6. City Council Minutes April 16, 2019
7. Authorized Agent
ATTACHMENT 1
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Glenn Lukos Associates, Inc.
Rev. 01-2019
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
GLENN LUKOS ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered
into this 15th day of October, 2019 (“Effective Date”), by and between the CITY OF COSTA
MESA, a municipal corporation (“City”), and GLENN LUKOS ASSOCIATES, INC., a California
corporation (“Consultant”).
W I T N E S S E T H :
A.WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide restoration and monitoring services at Fairview Park, as more fully
described herein; and
B.WHEREAS, Consultant represents that it has that degree of specialized
expertise contemplated within California Government Code section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C.WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D.WHEREAS, no official or employee of City has a financial interest, within the
provisions of sections 1090-1092 of the California Government Code, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in Consultant’s Proposal, attached hereto as Exhibit “A,” in accordance with the U.S. Fish and
Wildlife Service-approved Fairview Park Vernal Pool Restoration and Long Term Maintenance
Plan for Vernal Pools 5 and 6, and the Associated Watershed Areas, attached hereto as Exhibit
“B.” Exhibits A and B are incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
ATTACHMENT 2
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work will be done by the City Manager or his or her designee. If the quality of work is not
satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers’ compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement. Consultant shall indemnify and hold harmless City
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys’ fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military or veteran status, except as permitted pursuant
to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform services contemplated by this Agreement at
Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant’s covenant under this
Section shall survive the termination of this Agreement.
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2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit A. Consultant’s total compensation shall not exceed One Hundred Twenty-Six
Thousand Forty-Six Dollars ($126,046.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant’s Proposal unless the City
Manager or designee, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval upon
the completion of each task set forth in Exhibit A, in accordace with the Summary of Fees by
Task and Year schedule set forth in Exhibit A. Said invoice shall be based on the total of all
Consultant’s services which have been completed to City’s sole satisfaction. City shall pay
Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the task completed, the services performed, the date of
performance, and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing
by the parties, the professional services to be performed pursuant to this Agreement shall
commence within five (5) days from the Effective Date of this Agreement. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable
control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of six (6) years, ending on October 14, 2025, unless previously terminated as provided
herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
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The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City’s written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City’s sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
“A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’
compensation insurer waiving subrogation rights under its workers’
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers’ compensation insurance policies.
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(d) Professional errors and omissions (“E&O”) liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects’ and engineers’
coverage shall be endorsed to include contractual liability. If the policy is
written as a “claims made” policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way,
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the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery or mail
and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b)
48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Glenn Lukos Associates, Inc.
29 Orchard
Lake Forest, CA 92630
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (949) 837-0404 Tel: (714) 754-5135
Attn: Theinan Pfeiffer, President Attn: Cynthia D’Agosta
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
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6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit
“C” and incorporated herein by reference. Consultant’s failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without
City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant
of Consultant’s obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant’s sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City’s specifications or Consultant’s
Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
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incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
agents or employees of City. Consultant shall secure, at its sole expense, and be responsible
for any and all payment of Income Tax, Social Security, State Disability Insurance
Compensation, Unemployment Compensation, and other payroll deductions for Consultant and
its officers, agents, and employees, and all business licenses, if any are required, in connection
with the services to be performed hereunder. Consultant shall indemnify and hold City harmless
from any and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker’s compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. 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 agency, state or federal policy, rule, regulation, law or
ordinance 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 contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant’s performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or
information shall not be made available to any individual or organization without the prior
consent of City. Any use of such documents for other projects not contemplated by this
Agreement, and any use of incomplete documents, shall be at the sole risk of City and without
liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from
all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting
from City’s use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer tapes,
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Glenn Lukos Associates, Inc.
Rev. 01-2019
discs, files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential
all information obtained by it that is designated as a trade secret. The City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code sections 81000, et seq.) and Government Code section
1090. During the term of this Agreement, Consultant and its officers, employees, associates
and subconsultants shall not, without the prior written approval of the City Representative,
perform work for another person or entity for whom Consultant is not currently performing work
that would require Consultant or one of its officers, employees, associates or subconsultants to
abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and
any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the
terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
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Glenn Lukos Associates, Inc.
Rev. 01-2019
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized
representative of the party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then both parties agree to substitute such provision(s) through good faith
negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
[Signatures appear on following page.]
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Glenn Lukos Associates, Inc.
Rev. 01-2019
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________
Signature
__________________________________ __________________________________
[Name and Title] Social Security or Taxpayer ID Number
CITY OF COSTA MESA
__________________________________ Date: __________________________
Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
Ruth Wang
Risk Management
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Glenn Lukos Associates, Inc.
Rev. 01-2019
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________
Cynthia D’Agosta
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________
Yvette Aguilar
Acting Parks and Community Services
Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________
Kelly Telford
Finance Director
EXHIBIT A
CONSULTANT’S PROPOSAL
GLENN LUKOS ASSOCIATES
Regulatory Services
29 Orchard Lake Forest California 92630-8300
Telephone: (949) 837-0404 Facsimile: (949) 837-5834
September 3, 2019
[Revised September 13, 2019]
Cynthia D’Agosta
Fairview Park Administrator
City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92628-1200
SUBJECT: Revised Scope of Services and Cost Proposal for the Restoration and Monitoring
of Vernal Pools 5, 6, and 7 and associated Watershed at Fairview Park, Costa
Mesa, California
Dear Ms. D’Agosta:
Glenn Lukos Associates (GLA) is pleased to submit this revised detailed scope of services outlining
the proposed activities, cost, and schedule for implementation of the U.S. Fish and Wildlife Service
(USFWS) approved Fairview Park Vernal Pool Restoration and Long-Term Maintenance Plan
(Restoration Plan) for Vernal Pools 5 and 6, and the Associated Watershed, dated June 8, 2018. A
cost and scope of services for the enhancement and protection of Vernal Pool 4c located west of
Canyon Drive across from the Waldorf School of Orange County will be provided separately.
Thus, this scope of services identifies activities to be conducted in accordance with the USFWS
approved Restoration Plan only. This proposal has been revised to incorporate subcontractor costs
associated with site preparation and earthwork (see Tasks 1 and 2 below).
The attached Scope of Work sets forth an approach to address USFWS’s concerns for the
restoration and protection of sensitive native resources in a manner that is cost-effective for the
City while also ensuring biological integrity of the pools.
Mr. Tony Bomkamp will oversee the project and will work closely with GLA biologist Kevin
Livergood, who will conduct necessary fairy shrimp surveys and will monitor activities occurring
within areas known to support listed branchiopods. Mr. Livergood holds a valid Section
10(a)(1)(A) Recovery Permit for conducting surveys for listed branchiopods in California (TE-
172368-2).
As detailed below, this scope includes the following tasks necessary to implement the restoration
program set forth in the approved restoration plan prepared by GLA and includes the following
components as provided in an excerpt from the approved restoration plan:
Cynthia D’Agosta
City of Costa Mesa
September 3, 2019 [Revised September 13, 2019]
Page 2
This Restoration and Maintenance Plan includes: (1) restoration of the watershed for
Vernal Pools 5 and 6, by restoring the elevation and contours to the conditions prior to
installation of the foot path that also ensures that runoff from rainfall is directed toward
Vernal Pool 5 rather than collecting on the foot path; (2) reestablishment of portions of
Vernal Pool 6 affected by the installation of a foot path along the eastern and southern
edges of Vernal Pool 6, which would be accomplished through the reestablishment of the
original perimeter contours; (3) repair of the indentations associated with the placement
and removal of telephone poles within the watershed of historical Feature 7; (4) removal
of non-native weeds and establishment of native vegetation within the watersheds for
Vernal Pools 5 and 6 and former Feature 7; and (5) removal of turf grass and irrigation
within the watershed of Vernal Pool 5, including reestablishment of native coastal sage
scrub shrubs and grasses to provide a natural vegetated buffer and remove the source of
potential irrigation runoff. The details for each component of this restoration plan are
set forth in detail below. In addition, a Long-Term Management Plan (LTMP) will be
implemented once the performance standards for the restoration plan have been
achieved. The LTMP will include the following components as describe in more detail in
the final section of this plan: training of maintenance personnel, ongoing non-native
vegetation control, general maintenance (e.g., trash and debris removal, repair of
fencing and signage, and annual reporting.
Implementation of the approved Restoration Plan includes the following general components:
· Site preparation including but not limited to non-native vegetation removal, initial clearing
within vernal pools, and turf removal (subcontractor);
· Earthwork including but not limited to rough grade staking, cut and compaction of soils, and
balancing grade (subcontractor);
· Oversight of site preparation and earthwork to 1) remediate trail along eastern edge of Pools
5 and 6, 2) recontouring of Pool 6, 3) any necessary repairs to ground contours in the
watershed;
· Collection and distribution of vernal pool inoculum;
· Oversight of regular maintenance by maintenance contractor;
· Monitoring to document success for 1) hydrology, 2) listed fairy shrimp, and vernal pool
vegetation;
· Annual reporting; and
· Meetings and Coordination.
Cynthia D’Agosta
City of Costa Mesa
September 3, 2019 [Revised September 13, 2019]
Page 2
COST
The proposed fixed fee for performance of Tasks I through 9, as presented in the attached scope of
work, is $126,046. This fixed fee includes all direct costs and a 15% administrative charge to the
subcontractor tasks but does not include tasks not specifically addressed in the scope of work. This
proposal is valid for a period of 30 days after which time changes to the scope and/or proposed
fee may be required to proceed.
SCHEDULE
GLA understands that it is the City’s intention to begin work during late summer and early fall of
2019, including grading of Vernal Pool 6 and the foot path along with collection and distribution of
vernal pool inoculum as described in the Scope of Work below. Site preparation for removal of turf
north of Vernal Pool 5 as well as the start of weed control in the watershed for Vernal Pools 5, 6,
and 7 could also be initiated. In order to be consistent with the approved Restoration Plan, grading
and inoculum collection and distribution need to be completed by October 15. Provided written
authorization to proceed is given within one week of the date of this proposal, GLA sees no
constraints to achieving the initial work before October 15, 2019. Should any contracting
constraints arise, the deadline stipulated in the Restoration Plan may require modification with the
USFWS, which would need to be carried out under separate contract.
Should you have any questions regarding this proposal, please feel free to contact me at (949) 837-
0404.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Thienan Pfeiffer
President
s:0493-7c.pro.docx
TB
Enclosure
SCOPE OF WORK
RESTORATION, MONITORING AND REPORTING
VERNAL POOL 6, AND WATERSHEDS FOR
VERNAL POOLS 5, 6, AND 7
FAIRVIEW PARK
COSTA MESA, CALIFORNIA
TASK 1. SITE PREPARATION (SUBCONTRACTOR)
Under GLA supervision, Nakae & Associates, Inc. will furnish labor, equipment, and material to
carry out the following site preparation activities:
· Non-Native Vegetation Removal – All non-native vegetation within the restoration site
will be removed and taken to an off-site legal landfill;
· Initial Clearing Within Vernal Pools – An initial event of non-native vegetation removal
within vernal pools No. 5 & 6 will take place by weedeating. All removed vegetation by
weedeating will be taken to an off-site legal landfill;
· Spray Turf Removal Area – Spray the area with a glyphosate based herbicide that is
approved for use around water (Roundup Custom) before the grading contractor removes
the turf along the north boundary of the restoration site. Spraying the turf is necessary
before removal or the grass will come back indefinitely;
· Ripping With Equipment – After turf removal and non0native vegetation removal take
place, the turf removal and CSS establishment areas will be ripped using equipment.
Ripping will alleviate compaction in these areas which will help with the germination and
establishment of native container plants and seed;
· Repair Indentations – Indentations within the watershed associated with the former
Feature 7 caused by the placement of telephone poles will be repaired by filling and
compacting the pole indentations with soil harvested from the on0site borrow area in
order to match the surrounding topography; and
· Straw Wattle Installation – Photo-degradable straw wattles will be trenched in and
around the vernal pools for protection against herbicides, etc.
TASK 2. EARTHWORK/GRADING (SUBCONTRACTOR)
Under GLA supervision, Stice Company, Inc. will furnish labor, equipment, and material to
carry out the following earthwork/grading activities in accordance with the Restoration Plan and
revised Restoration/Planting Plan exhibit:
· Site Clearing – Clear and dispose of grass on north restoration area; and
· Earthwork – Rough grade staking, original ground processing, cut and compaction of
onsite soils, provide and compact import from park borrow area next to the model plane
airport, and balance grade as needed to reestablish proper drainage and elevations on the
old walking trail.
TASK 3. OVERSIGHT OF SITE PREPARATION AND EARTHWORK (COVERED
ACTIVITY)
In accordance with the approved Restoration Plan, GLA Senior Biologist Tony Bomkamp will
oversee the remedial grading for Vernal Pool 6 along with the repair of the footpath adjacent to
Vernal Pools 5 and 6 to restore watershed functions that include positive drainage to the pools.
Included in this task is coordination with the grading contractor to establish access, location of
borrow material consistent with the requirements of the Restoration Plan, demarcation of the
areas within Vernal Pool 6 subject to re-contouring, direction and oversight during grading and
documentation of conditions following completion of earthwork. In accordance with the
Restoration Plan, GLA will provided direction and oversight for necessary repairs to areas in
watershed such as indentations left by telephone poles, which have been removed. Finally, this
task includes coordination with the grading contractor to obtain cost estimates for the submittal
to the City.
TASK 4. COLLECTION AND DISTRIBUTION OF INOCULUM (COVERED
ACTIVITY)
In accordance with the Restoration Plan, GLA will collect donor inoculum from Vernal Pool 1
for transfer to restored portions of Vernal Pool 6. The inoculum will be collected using the two-
percent collection method as described in the Restoration Plan between August 15 and
September 15 with distribution to Pool 6 between September 15 and October 15. Because of the
presence of the San Diego fairy shrimp within the donor vernal pool basins, inoculum collection and
redistribution must be conducted by individuals holding a valid Section 10(a)(1)(A) permit for listed
branchiopods with prior notification to USFWS as provided in the guidelines1. This task includes
inoculum collection for the initial phase of restoration plus collection during two additional years
to ensure that performance standards are achieved.
On behalf of the City, GLA will submit a report (including topographic maps and vernal pool
locations) to the USFWS within 6 weeks of completion of reestablishment of previous contours and
distribution of inoculum, describing as-built status of the restoration project. If the site recontouring
and inoculation are not completed within six weeks of each other, separate reports will be submitted
describing those specific as-built conditions (separation of recontouring and inoculum distribution
would only occur if recontouring were to occur during July or early August and inoculum
introduction did not occur until late September or early October). Note, based on the current
schedule, GLA believes that once started, all work to be documented in the As-Built Report will be
completed within a six-week window and only one report will be necessary.
TASK 5. DIRECTION AND OVERSIGHT FOR SITE PREPARATION FOR
WATERSHED PLANTINGS AND INSTALLATION OF PLANTINGS
(NOT A COVERED ACTIVITY)
In accordance with the Restoration Plan, GLA will provide direction and oversight for site
preparation for watershed plantings set forth in the Restoration Plan which includes native scrub
and grassland vegetation. Included in this task is coordination with the maintenance contractor
1 U.S. Fish and Wildlife Service. Revised November 13, 2017. Survey Guidelines for Listed Large Branchiopods.
associated with initial weed removal and ongoing maintenance necessary to prepare the site for
the native habitat plantings. Based on the density of the weeds in the watershed, it could require
a number of grow and kill cycles to prepare the watershed areas for planting due to the efforts
needed to remove the large mass of non-native grasses and forbs and associated seed bank.
In accordance with the Restoration Plan, this task also includes oversight of site preparation for
the slope north of Vernal Pool 5 that comprises a portion of the pool’s watershed. The subject
slope is covered with turf which will be removed by the landscape contractor and prepared for
native plantings as set forth in the Restoration Plan.
Finally, this task provides for oversight and direction for native plantings within the watershed
for Vernal Pools 5, 6, and 7 including native scrub and grassland species. Included in this task
will be coordination with native plant nurseries to obtain the necessary plant material to install in
accordance with the Restoration Plan.
TASK 6. DIRECTION AND OVERSIGHT OF MAINTENANCE WITHIN VERNAL
POOL 6 (COVERED ACTIVITY), REMEDIATED FOOTPATH, AND
WATERSHED FOR POOLS 5, 6, AND 7 (NOT A COVERED ACTIVITY)
In accordance with the Restoration Plan, GLA will oversee maintenance within Vernal Pool 6,
which requires direction of the Permitted Biologist due to the potential presence of listed fairy
shrimp, the remediated footpath, and maintenance for the watershed for Vernal Pools 5, 6, and 7,
which is not a covered activity. This task assumes two meetings each season, the timing of
which would be determined based upon rainfall timing and amounts and associated weed
response. A GLA permitted biologist would be present during weeding within Vernal Pool 6
necessary to remove non-native invasive species such as hyssop loosestrife (Lythrum
hyssopifolia), brass buttons (Cotula coronipifolia), rabbitsfoot grass (Polypogon monspeliensis),
curly dock (Rumex crispus), and prickle grass (Crypsis spp.). Maintenance, within the watershed
of the Vernal Pool 5, 6 and 7 complex will include removal of non-native annual grasses,
including but not limited to: Bromus spp., Avena spp., Hordeum spp., and Festuca perennis and
forbs including but not limited to: Brassica spp., Raphanus sativus, Erodium spp, and Centaurea
melitensis.
Because of the potential for large rainfall years and associated long-term ponding to kill the non-
native upland annual grasses and forbs, if rainfall during the season preceding weeding results in
exceptional ponding, an adaptive management approach will be implemented relative to weeding in
Vernal Pool 5, in coordination with USFWS.
TASK 7. CONDUCT ANNUAL MONITORING
In accordance with the Restoration Plan, GLA will conduct annual monitoring of 1) restored
Vernal Pool 6 (hydrological monitoring, fairy shrimp monitoring, and vegetation monitoring),
monitoring of the remediated Foot Path, and monitoring of the restored watershed for Vernal
Pools 5, 6 and 7. Monitoring will be conducted in a manner that measures progress towards the
performance standards as set forth in detail in the Restoration Plan.
As described in the Restoration Plan monitoring to determine progress toward performance
standards includes monitoring of hydrological conditions, monitoring of fairy shrimp and vernal
pool vegetation in conjunction with the watershed vegetation. Because hydrological monitoring
can only be monitored during years of sufficient rainfall, GLA assumes that there would be three
years out of the five-year monitoring period when there would be sufficient water present to
conduct hydrology monitoring. Similarly, fairy shrimp monitoring could only be conducted
during years when was is present for sufficient duration, which is approximately 3 continuous
weeks. Thus, the cost table below assumes hydrological and fairy shrimp monitoring during
three out of the five seasons with only brief visits during the drier years to confirm lack of
ponding. Similarly, while some vernal pool plants may germinate during drier years, more
expansive germination and associated cover is only expected during the above-average rainfall
years and the cost table below, assumes quantitative monitoring only during three seasons, with
brief visits during the drier years to report on conditions. Should rainfall conditions warrant
additional monitoring visits, GLA will contact the Client and determine the need for a change
order.
TASK 8. PREPARE ANNUAL REPORTS
In accordance with the Restoration Plan, GLA will submit an annual report to USFWS for the
duration of the monitoring period. Monitoring shall be tied to the actual implementation date (e.g.,
the first annual report shall be delivered on July 1st of the year following the first rainy season after
implementation of the restoration plan). These reports shall include the results of the hydrological,
fairy shrimp, and vegetation monitoring (including watershed vegetation), and assess attainment of
success criteria. As noted for monitoring of hydrology, fairy shrimp and vernal pool plants, it is
expected that detailed monitoring reports will be prepared during above-average rainfall seasons
with less detailed reports during dry years. The detailed reports will include the following:
·
· A list of names, titles, and companies of all persons who prepared the content of the annual
report and participated in monitoring activities for that year;
· An aerial photograph indicating location of the areas addressed in the report;
· A restoration site map or aerial photograph identifying restoration activities, photo station
locations, and other information (e.g., GPS data points) as appropriate;
· Copies of representative monitoring photographs;
· Copies of completed field data sheets;
· An analysis of all monitoring data relative to success criteria for hydrology, fairy shrimp
and vernal pool vegetation.
TASK 9. MEETINGS AND COORDINATION
This task covers meetings and coordination not specifically set forth in the various tasks above
and would include meetings with the City staff; meetings with USFWS, and/or meeting with
members of the public and other stakeholders as directed by the City.
COST
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 1. Site Preparation (Subcontractor) $26,910
Task 2. Earthwork/Grading (Subcontractor) $21,966
Task 3. Oversight of Site Prep and Earthwork $5,160
Task 4. Collection and Distribution of Inoculum $5,660
Task 5. Oversight of Site Prep. and Plantings $4,830
Task 6. Oversight During Maintenance $6,150
Task 7. Conduct Annual Monitoring $18,560
Task 8. Prepare and Submit Annual Reports $30,770
Task 9. Meetings and Coordination $6,040
TOTAL $126,046
Summary of Fees by Task and Year*
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total by
Task
Task 1 $26,910 $26,910
Task 2 $21,966 $21,966
Task 3 $5,160 $5,160
Task 4 $2,000 $1830 $1,830 $5,660
Task 5 $2,415 $2,415 $4,830
Task 6 $1,537.50 $1,537.50 $1,537.50 $1,537.50 $6,150
Task 7 $2,712 $4,712 $2,712 $4,712 $3,712 $18,560
Task 8 $3,000 $7,770 $5,000 $5,000 $5,000 $5,000 $30,770
Task 9 $3,000 $608 $608 $608 $608 $608 $6,040
Total
by Year $64,451 $13,505 $13,688 $9,858 $13,688 $10,858
* The fees as summarized by year above are GLA’s best estimate of how the costs will be distributed over the
course of the project. As described in the detailed scope of work above, years of high rainfall and associated
ponding will generate more intense monitoring efforts while drought years will result in limited monitoring.
Thus, the actual fees for monitoring as summarized for Task 5 would change depending which years exhibit
higher or lower rainfall and associated monitoring efforts. Similarly, weeding and associated oversight would
be increased during years with more rainfall.
EXHIBIT B
FAIRVIEW PARK VERNAL POOL RESTORATION AND LONG TERM MAINTENANCE PLAN
FOR VERNAL POOLS 5 AND 6, AND THE ASSOCIATED WATERSHED AREAS
EXHIBIT C
CITY COUNCIL POLICY 100-5
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see
that the following provisions are included in all contracts and agreements entered into by the
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor’s and/or sub-grantee’s workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
B. Establishing a Drug-Free Awareness Program to inform employees about:
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
D. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
F. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
G. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub-grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the contractor and/or sub-grantee has failed to
make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of a
contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for
award of any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5) years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub-grantee, the
contractor and/or sub-grantee shall be eligible for compensation as provided by law.
RESOLUTION NO. 17-52
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
HABITAT CONSERVATION FUND PROGRAM
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the people of the State of California have enacted the California
Wildlife Protection Act of 1990, which provides funds to the State of California for grants
to local agencies to acquire, enhance, restore or develop facilities for public recreation
and fish and wildlife habitat protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility for the administration of the HCF Program, setting up necessary
procedures governing project application under the HCF Program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of application(s)
before submission of said application(s) to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to
complete the project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of Costa Mesa
hereby:
SECTION 1. APPROVES: the filing of an application for the Habitat Conservation Fund
Program; and certifies that said applicant has or will have available, prior to
commencement of any work on the project included in this application, the required
match and sufficient funds to complete the project; and certifies that the applicant has or
will have sufficient funds to operate and maintain the project(s), and certifies that the
Resolution No. 17-52 Page 1 of 3
ATTACHMENT 3
applicant has reviewed, understands, and agrees to the provisions contained in the
contract shown in the grant administration guide; and delegates the authority to the
Public Services Director to conduct all negotiations, execute and submit all documents,
including, but not limited to applications, agreements, amendments, payment requests
and so on, which may be necessary for the completion of the project, and agrees to
comply with all applicable federal, state and local laws, ordinances, rules, regulations
and guidelines.
SECTION 2. The City Clerk shall certify to the passage and adoption hereof.
PASSED AND ADOPTED this 1St day c
ATTEST:
ILAL
Brenda Green; City Clerk
APPROVED AS TO FORM:
Thomas Duarte ity Attorney
Resolution No. 17-52 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 17-52 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 15t day of August, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, STEPHENS, GENIS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: RIGHEIMER
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 2nd day of August, 2017.
J YrQ
BRENDA GREE4, CITY CLERK
Resolution No. 17-52 Page 3 of 3
ATTACHMENT 4
of 11Page
Effective: 06/14/2018 Expires: 06/13/2023
Permit Number: TE87580B-0
NATIVE ENDANGERED SPECIES RECOVERY
ENDANGERED WILDLIFE
A. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in Federal regulations cited above,
are hereby made a part of this permit. All activities authorized herein must be carried out in accordance with and for the
purposes described in the application submitted. Continued validity, or renewal of this permit is subject to complete and timely
compliance with all applicable conditions, including the filing of all required information and reports.
B. The validity of this permit is also conditioned upon strict observance of all applicable foreign, state, local tribal, or other
federal law.
C. Valid for use by permittee named above.
Department of the Interior
U.S. FISH & WILDLIFE SERVICE
Endangered Species Permit Office
2800 Cottage Way, Suite W-2606
Sacramento, CA 95825-1846
permitsR8ES@fws.gov
Authority: Statutes and Regulations: 16 USC 1539(a); 50 CFR 17.22, 50 CFR 13.
ON LANDS SPECIFIED WITHIN THE ATTACHED SPECIAL TERMS AND CONDITIONS
ANNUAL REPORT DUE: 01/31
See permit conditions for reporting requirements
CITY OF COSTA MESA
77 FAIR DRIVE
COSTA MESA, CA 92626
U.S.A.
Permittee:
Name and Title of Principal Officer:
Authorizations and Conditions:
Issuing Office:
BALTAZAR MEJIA - ACTING PRINCIPAL ENGINEER
ENDANGERED SPECIES DIVISION CHIEF
Location where authorized activity may be conducted:
Reporting requirements:
Page 1 of 11
TE-87580B-0
SPECIAL TERMS AND CONDITIONS
City of Costa Mesa
1. Acceptance of this permit serves as evidence that the permittee understands and agrees to
abide by the “General Permit Procedures and Permit Regulations for Native Endangered
and Threatened Wildlife Species Permits,” 50 CFR Part 13, 50 CFR 17.21 and 17.22
(endangered wildlife) and/or 50 CFR 17.31 and 17.32 (threatened wildlife), as applicable
found at: http://www.fws.gov/carlsbad/r8permits/permitprocedures-regulations.htm
2. The permittee must have all other applicable State and Federal permits prior to the
commencement of activities authorized by this permit. In addition, this permit does not
authorize access to Federal, Tribal, State, local government, or private lands as it is the
responsibility of the permittee to obtain land owner permission prior to commencing
permitted activities on such lands.
3. The permittee is authorized to take (conduct habitat restoration and maintenance, collect
inoculum, harass by survey, capture, handle, release, and collect adult vouchers) the
Riverside fairy shrimp (Streptocephalus woottoni) and San Diego fairy shrimp
(Branchinecta sandiegonensis) (hereafter collectively referred to as listed large
branchiopods) in conjunction with the following document:
a. Fairview Park Vernal Pool Restoration and Long Term Maintenance Plan for
Vernal Pools 5 and 6, and the Associated Watershed Areas Within the
Jurisdiction of the United States Fish and Wildlife Service Pursuant to the
Endangered Species Act, Fairview Park, Costa Mesa, California, dated June 8,
2018.
4. Permitted activities are restricted to the following geographic areas in California:
Fairview Park located in the City of Costa Mesa in Orange County, California.
Notifications to conduct contouring and survey activities at the above authorized
locations pursuant to this permit shall be submitted in writing to the Recovery Permit
Coordinator at the appropriate Fish and Wildlife Office (FWO) of the U.S. Fish and
Wildlife Service (Service) at least 15 days prior to conducting such activities. The
appropriate FWO is determined as follows:
Carlsbad Fish and Wildlife Office (CFWO):
2177 Salk Avenue, Suite 250, Carlsbad, California 92008 (telephone: 760-431-9440).
The permit coordinator contact is Stacey Love (stacey_love@fws.gov).
Notifications shall include, as appropriate: (a) an explanation of the purpose of the study
and a clear description of methods, including the names of field personnel and the
number and dates of surveys; (b) the number of individuals proposed to be captured
and/or collected; (c) a map (at a minimum, a 1:24,000 scale U.S. Geological Survey
Page 2 of 11
TE-87580B-0
(USGS) topographical map) depicting the location of the survey site(s); (d) the assessor’s
parcel number (APN) for the site (if possible); and (e) geographic information system
(GIS) data depicting the survey site or global positioning system (GPS) coordinates (if
possible). Information may be submitted electronically if pre-arranged with the Recovery
Permit Coordinator.
Fifteen (15) days after the Service's receipt of the notification, the permittee may
commence activities authorized by this permit unless authorization is denied by the
Service. If the permittee is denied authorization to conduct the proposed activities or
activities at the requested location(s), including previously authorized sites, a request for
reconsideration may be submitted to the Endangered Species Division Chief at the
Service’s Regional Office for the Pacific Southwest Region (Region 8), 2800 Cottage
Way, Room W-2606, Sacramento, California 95825-1846, as provided in 50 CFR 13.29.
The procedures specified in 50 CFR 13.29(b) must be followed.
5. Authorized individuals:
Only individuals on the attached List of Authorized Individuals (List) are authorized to
conduct activities pursuant to this permit. The List, printed on Service letterhead, may
identify special conditions or circumstances under which individuals are authorized to
conduct permitted activities and must be retained with these Special Terms and
Conditions. Each named individual will be responsible for compliance with the terms
and conditions of this permit.
To request changes to the List, the permittee must submit written requests to the
Recovery Permit Coordinator at the CFWO at least 30 days prior to the requested
effective date. The request must be signed and dated by the permittee and include:
a. The permit number.
b. The name of each individual to be appended to the List.
c. The resume/qualifications statement of each person to be appended to the List,
detailing their experience with each species and type of activity for which
authorization is requested.
d. The names, phone numbers and email addresses of a minimum of two references
including letters of reference. Letters of reference should address the individual’s
qualifications for the specific activities to be conducted.
e. The names of the individuals to be deleted from the List.
Note: This procedure is for personnel changes only. For requests to
renew/amend this permit, a complete application must be submitted to the Region
8 office.
Page 3 of 11
TE-87580B-0
6. Taking of listed large branchiopods:
The permittee is authorized to conduct habitat restoration and maintenance, collect
inoculum, harass by survey, capture, handle, release, and collect adult vouchers activities
for the listed branchiopods specified in condition number 3 above within the geographic
boundaries specified above, and the time limitation specified in the permit, provided that:
a. For habitat restoration and maintenance:
i. Contouring, collection and redistribution of inoculum, and trash and debris
removal will only be conducted when soils are dry.
ii. Inoculum collection from vernal pool 1 will be conducted after contouring
of vernal pool 6 is completed. Immediately following collection,
inoculum will be hand-broadcast over the surface of vernal pool basin 6,
followed by light raking.
iii. Maintenance crews may only remove non-native annual grasses while
soils are dry and outside the perimeter of vernal pool basins 5 and 6.
Maintenance crews may not enter the pool basins, except as described in
7(a)(iv) below.
iv. If needed, weeding within vernal pool basins 5 and 6 will be conducted by
persons identified on the permit or other supervised personnel provided
they are accompanied by persons identified on the permit.
v. Removal of non-native upland and invasive aquatic plant species will be
performed by hand only within 25 feet of the outer extent of vernal pool
basins 5 and 6.
vi. Use of herbicides and pesticides is prohibited within the fenced area.
b. The permittee conducts all surveys in accordance with the approved Survey
Guidelines for the Listed Large Branchiopods (Guidelines), dated May 31, 2015,
unless authorized in advance by the Recovery Permit Coordinator at the
appropriate FWO. The current approved survey guidelines can be retrieved at the
following address: (http://www.fws.gov/sacramento/es/Survey-Protocols-
Guidelines/es_survey.htm)
c. As specified in the Guidelines, sampling/collecting of hatched individuals or
resting eggs is not authorized at any specific location until the permittee requests
approval from the appropriate FWO.
d. For identification and collection of voucher specimens:
Page 4 of 11
TE-87580B-0
i. Incidentally captured branchiopods that will not be collected as voucher
specimens will be returned in good condition to the feature where they
were found as quickly as possible.
ii. For surveys:
1. Voucher specimens should be collected from each individual
feature sampled during a single wet season. Note that a single
feature would include all habitat that is hydrologically connected at
the time of sampling and permittees should verify the extent of
each surveyed feature to prevent taking duplicate voucher
specimens. Additional specimens may be taken from individual
features if new cohorts of branchiopods are observed, previously
undetected species are found, or at the direction of the CFWO.
2. The number of voucher specimens authorized to be collected and
preserved is limited to no more than 20 hatched individuals of each
species from each feature per sampling visit, or less than 50
percent of the estimated subpopulation present in the water
column, whichever is the lesser amount. For a standard survey we
anticipate that primarily males will be collected for identification,
but a sample should include no less than three specimens of either
sex, and both male and female taxonomic characteristics shall be
observed for proper identification.
3. With written authorization from the CFWO, once the expected
listed branchiopod(s) have been documented within a given
feature, surveys may cease for that feature.
4. With written authorization from the CFWO, a single voucher only
of each listed species found within a vernal pool complex (as
determined by the FWO) may be taken (e.g., to minimize take
where branchiopod numbers are limited).
5. Multiple similar branchiopod species may occupy the same feature
in varying numbers. To increase the detectability of a rare species
under these circumstances, where feasible, we recommend that 30
specimens, or less than 50% of the estimated subpopulation present
in the water column, whichever is the lesser amount, be retained
and preserved for identification during each sampling visit where
new cohorts of branchiopods are observed (e.g., within Zone C, B.
lindahli may occur with B. lynchi or B. sandiegoneneis).
6. Where multiple species within a genus co-occur, hybridization
may be observed. Proper identification of hybrids may require the
collection of approximately 10 to 15 additional female specimens
Page 5 of 11
TE-87580B-0
(e.g., hybrids between B. lindahli and B. sandiegonensis are more
easily identified with female specimens). In Orange and San
Diego County, if any variability in the characteristics of B. lindahli
and B. sandiegonensis is observed, those specimens should be
scored relative to a morphological hybrid index (Simovich et al.
2013). A revised version of the morphological hybrid index will
be made available on the CFWO’s website.
Simovich, M., K. Davis, and A. Bohonak. 2013. Landscape
homogenization threatens the genetic integrity of the Endangered
San Diego fairy shrimp Branchinecta sandiegonensis
(Branchiopoda: Anostraca). Journal of Crustacean Biology 33(5):
730-740.
e. The permittee will disinfect sampling and field gear as follows:
i. Remove mud, snails, algae, and other debris from nets, traps, boots,
vehicle tires, and all other surfaces. Rinse cleaned items with sterilized
(e.g., boiled or treated) water before leaving each survey site.
ii. Boots, nets, traps, hands, etc. will be scrubbed with either a bleach
solution (0.5 to 1.0 cup per 1.0 gallon of water), Quat-128™ (1:60), or a 3
to 6 percent sodium hypochlorite solution and thoroughly rinsed clean
with water. Equipment will be rinsed clean with water between study
sites. Cleaning equipment in the immediate vicinity of aquatic habitats
will be avoided (e.g., clean in an area at least 100 feet from aquatic
features). Care will be taken so that all traces of the disinfectant are
removed before entering the next aquatic habitat.
iii. In remote locations, clean all equipment as described above upon return to
the lab or base camp. Elsewhere, when washing machine facilities are
available, remove nets from poles and wash with bleach on the delicates
cycle, within a protective mesh laundry bag.
iv. Used cleaning materials (liquids, etc.) will be disposed of safely at the lab.
Used disposable gloves will be retained for safe disposal in sealed bags.
7. Minor deviation from the stipulated terms and conditions may be authorized on a case-
by-case basis when approved by the applicable FWO unless an amendment to this permit
would be required. Changes that would require an amendment to this recovery permit
include but are not limited to changes in study plan or research proposal, location,
activity, amount or type of take, or species to be covered by the permit.
8. This permit does not cover any activities authorized pursuant to a biological opinion or
habitat conservation plan (HCP). All such activities must be authorized by the office that
wrote the biological opinion, issued the section 10(a)(1)(B) incidental take permit based
Page 6 of 11
TE-87580B-0
on an HCP, or is the lead field office implementing the HCP. Note also that this permit is
not to be construed as meaning that the permittee or other authorized individuals are
qualified to conduct activities pursuant to a biological opinion or HCP except insofar as
the activities are similar to those authorized in this permit. Their qualifications for
activities to be done pursuant to the biological opinion are subject to review and written
approval for the specific activities by the office that wrote the biological opinion, issued
the section 10(a)(1)(B) incidental take permit based on an HCP, or is the lead field office
implementing the HCP.
9. This permit does not authorize take of federally listed species that are not specifically
authorized pursuant to this permit. However, the Service acknowledges that incidental
take of a co-occurring federally listed species could potentially occur while conducting
certain permitted activities for some species. When applicable, the following conditions
now apply to all federally listed animals that the permittee is not authorized to take
pursuant to this permit, but which may be incidentally sighted, encountered, captured,
injured, or killed:
a. Each individual authorized pursuant to this permit shall be knowledgeable about
potentially co-occurring listed species that may occur throughout the habitats in
which permitted activities are conducted. Additionally, individuals must be
observant and cautious to the extent practicable in order to minimize take.
b. Any federally listed animal that the permittee is not authorized to take pursuant to
this permit, but is incidentally captured during the course of conducting
authorized activities, shall be released immediately at the point of capture.
c. During the course of your permitted activities, if an incidental injury or mortality
occurs to a federally listed species not authorized in this permit, the permittee
shall follow instructions specified in condition 10 below.
d. Any incidental capture, injury or mortality of a federally listed species not
authorized in this permit shall be recorded and reported in the annual report
submitted pursuant to this permit.
e. All incidental encounters, sightings, capture, injury, or mortality of other federally
listed species not authorized under this permit shall be recorded and reported in
the annual report submitted pursuant to this permit. We request that it also be
reported to the California Natural Diversity Database (CNDDB) as specified in
condition number 13 below.
10. The number of individuals allowed to be incidentally injured or killed during permitted
activities is 5 individuals of each listed large branchiopod species (and an unquantifiable
number of eggs) in any calendar year.
a. Any incidental injury or killing must be reported within 3 working days to the
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TE-87580B-0
Regional Recovery Permit Coordinator (telephone: 760-431-9440) and the
Recovery Permit Coordinator at the CFWO.
b. In the event that the number of individuals allowed to be incidentally injured or
killed is exceeded during the performance of permitted activities, the permittee
must:
i. Immediately notify the Regional Recovery Permit Coordinator and the
Recovery Permit Coordinator at the CFWO. Within 3 working days, the
permittee shall follow-up such verbal notification in writing to each office.
ii. With the written notification, the permittee is to provide a report of the
circumstances that led to the injury or mortality. A description of the
changes in protocols that will be implemented to reduce the likelihood of
such injury or mortality from happening again should be included, if
appropriate. A copy of this report shall also be sent to the California
Department of Fish and Wildlife (CDFW), Attention: Permitting
Biologist, Wildlife Branch, 1812 Ninth Street, Sacramento, California
95811 (telephone: 916-445-3764).
c. Dead specimens and/or appropriate parts of dead specimens that are incidentally
taken pursuant to this section shall be preserved in accordance with standard
museum practices. Within 120 days, the preserved specimen(s) shall be properly
labeled and deposited with one of the designated repositories specified below.
Specimens must be accessioned with complete collecting data. The permittee
shall supply the repository with a copy of this permit to validate that the
specimens supplied to the museum were taken pursuant to a permit. Collection
data (e.g., dates and location) and deposition of carcasses by the permittee must
be reported in the subsequent annual report.
11. The permittee is authorized to salvage all authorized species’ carcasses and provide them
to one of the designated repositories within 120 days by following condition number 10.c
above. Any specimens salvaged will be documented and specified in the annual report
submitted to the appropriate field office.
12. Designated repositories:
The California Academy of Sciences, Golden Gate Park, San Francisco,
California; the Los Angeles County Museum of Natural History, Los Angeles,
California; the Bohart Museum, University of California, Davis, California or any
other institution designated in writing by the appropriate FWO.
13. California Natural Diversity Database forms shall be completed, as appropriate, for each
listed species addressed herein and submitted to the Biogeographic Data Branch, CDFW,
1416 9th Street, Suite 1266, Sacramento, California 95814 (also accessible online
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at: https://www.wildlife.ca.gov/Data/CNDDB). Copies of the form can be obtained from
the CDFW at the above address (telephone: 916-322-2493). The appropriate field office
will be notified via email when the forms are submitted. This can consist of a one
sentence email simply stating the forms were submitted.
14. All reports or other documents that include information gathered under the authority of
this permit (e.g., reports prepared by consulting firms for their clients, theses, or scientific
journal articles) shall reference this permit number. Copies of such documents shall
include a transmittal letter and be provided to the Recovery Permit Coordinator at the
appropriate FWO upon their completion. Draft documents, raw/field data, and other
information resulting from work conducted under the authority of this permit shall be
submitted to the Service upon request.
15. Annual reports:
Two types of annual reports shall be submitted to the Recovery Permit Coordinator at the
appropriate FWO by January 31, following each year this permit is in effect as specified
below. Note electronic reporting requirements below.
a. Annual summary report:
In order to track, document, and assess all activities conducted pursuant to this
permit, we are requiring an annual summary report be submitted that summarizes
all of the activities conducted pursuant to this permit during the previous calendar
year. Activities that are continuous (i.e., overlapping in two or more calendar
years), must be reported each year the activity is in effect. The annual summary
report shall be in the following format to include and not be limited to the
following:
i. Permittee name and number with date of expiration;
ii. A section listing all authorized activities conducted for each permitted
species during the previous calendar year. This information can be in
tabular format and should provide a summary of each activity for each
species authorized in this permit. This section shall include but not be
limited to:
A. The name and title of each permitted activity conducted during the
previous calendar year (preferably the same title as the reports
previously or concurrently being submitted to the Service as
specified in condition 15(b) below);
B. The specific location of the project site, including the County;
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C. The common and scientific names of the listed species for which
the permitted activity was conducted;
D. Whether or not the species was observed;
E. The date and name of the Service office where each individual
report(s) have been or will be submitted;
F. Whether or not GIS data was submitted; and
G. The version of each activity report (draft or final) and the report
date. If a draft report was submitted, indicate the reason (ongoing
activities; processing/analysis of data, final report in review, final
report in progress, etc.) and the anticipated final report finish date.
iii. Number of individuals incidentally injured and/or killed, including dates,
locations, circumstances of take, and depository receiving the preserved
specimen(s). If no injuries or mortalities occurred, please state this in
writing in your annual summary report.
iv. Other pertinent observations made regarding the status or ecology of the
species.
v. Planned future activities, if authorized under this permit.
vi. If no activities were conducted with any or all species authorized under the
permit during the previous year within any field office jurisdiction, you
must state this in writing in your annual summary report to that field
office.
b. Comprehensive project reports:
i. For each project-specific activity, the permittee shall submit a
comprehensive annual report to the appropriate FWO in the following
format:
(i) an introduction section addressing reasons and objectives for
performing the activity; (ii) a methodology section which includes an
overview of the methods used to collect and analyze data and/or perform
habitat management; (iii) a results section that provides and summarizes
the data collected and areas where habitat management was performed,
including information on any other federally listed species detected while
conducting activities authorized under this permit; and (iv) a conclusion
section that specifically provides recommendations for recovery of the
species and any plans for future studies. Activities that are continuous
(i.e., overlapping in two or more calendar years), must be reported each
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year the activity is in effect to the appropriate FWO. Information may be
submitted electronically if pre-arranged with the Recovery Permit
Coordinator. The annual report shall include, but not be limited to:
A. On the cover page of the report, include the title, location, permit
number, permittee name, date and time frame of the activity, and
date of preparation on the report.
B. Summary presentations and brief discussions of survey and
monitoring results;
C. Locations sampled or study area(s) delineated on a 7.5 minute U.S.
Geological Survey topographic map at 1:24,000 scale. The name
of the USGS map identified;
D. The names of all personnel conducting the activity and associated
permit numbers.
E. The results of all sampling efforts, including the numbers and life
stage of each listed species observed, dates of observation, and
estimates of population sizes; and
F. Other pertinent observations made during sampling efforts
regarding the status or ecology of the species.
16. Electronic Reporting requirements:
All reports must be submitted electronically. Electronically submitted reports must be
sent using the following conditions:
a. Hard copy reports are no longer accepted.
b. Each report must be saved as one PDF only. Zipped files, other file formats, and
Excel spreadsheets are not accepted. One exception: Statements of no activity
may still be sent in the body of an email.
c. Each report must “stand alone” from any correspondence or transmittal, and must
contain the permittee name and permit number at minimum.
d. Emails are limited to 25 megabytes in size. If emails with attachments exceed
this size limitation, please: (1) send the attachments in separate emails (but do not
break up individual reports; again, only one PDF per report), or (2) submit them
on a DVD or CD. Again, do not zip the file(s) and do not send file formats other
than PDF. Links for file download and thumb drives are not accepted.
e. Unless a report is revised, please send each report only once. Do not send
duplicates.
f. Please only send GIS files if the field office Recovery Permit Coordinator
previously arranged for receipt of these data from you.
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g. Please include your recovery permit number in the subject line or body of all
emails.
17. Failure to comply with reporting requirements of this permit may result in non-renewal or
suspension/revocation of this permit.
______________________________________________________________________________
Acting Endangered Species Division Chief
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Pacific Southwest Region
2800 Cottage Way, Suite W-2606
Sacramento, California 95825-1846
LIST OF AUTHORIZED INDIVIDUALS
TE-87580B-0
1. Individual authorized to independently supervise restoration of damaged areas (i.e.,
reestablish contours) of vernal pools 5 and 6 for listed large branchiopods pursuant to this
permit:
Tony Bomkamp.
Other individuals (e.g., grading contractors) may conduct activities pursuant to this permit
only under the direct, on-site supervision of an independently authorized individual specified
above. For this activity only, “on-site supervision” is defined as an unauthorized person
conducting activities within sight of an authorized individual.
2. Individuals authorized to independently conduct wet season surveys and inoculum collection
for listed large branchiopods pursuant to this permit:
Kevin Livergood and David Moskovitz.
3. Individual authorized to independently conduct hydrology monitoring for listed large
branchiopods pursuant to this permit:
David Moskovitz.
4. Individuals authorized to independently conduct vegetation maintenance and monitoring
within vernal pool basins 5 and 6 for listed large branchiopods pursuant to this permit:
Shahrzad Asgari, Tony Bomkamp, Kevin Livergood and David Moskovitz.
Other individuals may conduct activities pursuant to this permit only under the direct, on-site
supervision of an independently authorized individual specified above. “On-site supervision”
is defined as an unauthorized person conducting activities within 3 meters (9.8 feet) of an
authorized individual.
______________________________________________________________________________
Acting Endangered Species Division Chief
This List is only valid if it is dated on or after the permit issuance date.