08-0318_STEWART & ASSOCIATES_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
HIS REEMENT is made, entered into, and shall become effective this /8 41a,
of ai , 2008, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and E. Stewart and Associates Inc., (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to Restore or Augment Habitat in the 760S Area that Failed to Thrive or was
Damaged by Vandalism; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the City shall consist of those tasks as set
forth in Exhibit' A," described as the Consultants proposal of March 3, 2008, attached and
incorporated herein by reference. To the extent that there are any conflicts between the
provisions described in Exhibit "A" and those provisions contained within this Agreement,
the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified by the Director of Public Works, or
her/his designee that said services are no longer required, subject to 15 days notice of
termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Thirty Five
Thousand Two Hundred Forty -Two Dollars ($35,242) as set forth in Exhibit "A."
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
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will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work to be performed under this
Agreement. Should Consultant discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by City, it shall immediately
inform the City of this and shall not proceed with further work under this Agreement until
written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
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recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
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Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
required.
14.5 Errors and Omissions Coverage
Errors and Omissions Coverage (professional liability coverage) are not
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
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to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
To Consultant: Ed Stewart
Ed Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente. CA 92673
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Aareement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
=110"111-twiNd
CITY OF
M
Joe Soo, Mayor
CONSULTANT
VA
Ed Stewart
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E. Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949)498-9250
FAX (949) 498-4961
March 3, 2008
Jeffrey B Froke, PhD
3158 Bird Rock road
Pebble Beach, CA 93953
Proposal for 760 Mitigation Site
(Based on 2008 -2nd Modified Scope Plant Increase)
Purchase and Plant: 3,420 plants (3400 —1 gal., 10 — 5 gal., 10 — 15 gal.,) with retention
basins and mulch. Total for plants and labor: $18,563.00
Purchase and Plant: 200 starter plugs - Total: $1,730.00
Hydro Seed 57,500 sq.ft. with 100 lbs. of grass seed — Total: $5,175.00
Mow access road: Total: $250.00
Install irrigation: parts and labor — Total: $8,944.00
Dig diversion channel with straw bales and gravel — Total: $580.00
Total for all plants, labor and installation - Total: $35,242.00
Please call, should you have any questions or require further information.
Sincerely,
Ed Stewart
cc: Eric Bauman
EXHIBIT "A"
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 F"
www.sanjuancapzL51rano.org
TRANSMITTAL
TO:
Ed Stewart
Ed Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
dwM •
10.(00.180.0.1(4
(STAT (o 1961
1776
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
RE: Personal Services Agreement — Restore or Augment Habitat in the 760S Area
Enclosed:
(1) original executed agreement as noted.
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
PLEASE BE AWARE THAT YOUR WORKERS COMPENSATION CERTIFICATE EXPIRES ON
APRIL 1, 2008.
If insurance is not on file with the City Clerk's office, payments for work will be withheld until
received.
Please contact Michelle Perea, Management Analyst (949) 487-4315 with questions related to
the agreement.
CC: Michelle Perea, Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
^J Printed on 100%recvcled Dooer
3/18/2008
AGENDA REPORT D14
TO: Dave Adams, City Manager
FROM: Cindy Russell, Interim Director of Public Works
SUBJECT: Consideration of Agreement to Restore or Augment Habitat in the 760S
Area that Failed to Thrive or was Damaged by Vandalism (E. Stewart and
Associates, Inc.)
RECOMMENDATION:
By motion, approve an agreement with E. Stewart and Associates Inc., to install plants
and irrigation systems necessary to restore or augment habitat in the 760S Area that
failed to thrive or was damaged by vandalism in the amount of $35,242.
SITUATION:
In May 2007, the City's Biologist Sub Consultant, Jeffery B. Froke, Ph.D. (Froke) issued
a scope of additional work to the 760S Reservoir site, habitat mitigation program
designed to: (1) Re -plant and re -seed species to fulfill the Riparian Thicket within Site
No. 8; (2) Annex a new area to the RCHRP and inside that area plant and seed CSS to
mitigate for 2 -year old habitat that was displaced by new riparian/wetland development
(2007 Amendment); (3) Plant Native Grassland and CSS to compensate for loss of
planned but undeveloped habitats that were displaced by either the 2007 Amendment
or projected truck access lane; and (4) Remediate planted/seeded CSS habitat that was
destroyed by motorcycle vandalism during 2004-2005. Staff requested Froke to
develop an alternate plan to reduce the amount of work. A revised work description
was developed and issued on October 2007 (Attachment 1). Staff requested Froke to
further reduce the scope or consider planting smaller plants to lower the costs
(Attachment 2). A revised planting scope was developed on February 18, 2008, and
staff solicited two cost proposals for the work as follows:
E. Stewart and Associates Inc. $35,242
Natures Image Inc. $55,944
Staff recommends approval of the agreement with E. Stewart and Associates, Inc. in the
amount of $35,242 (Attachment 3). The additional work stemming from simple failure of
plants to thrive in item of work #1 is not the fault of the original landscape contractor or
the maintenance contractor. The additional work stemming from item of work #3, has
proved fortuitous in that the mitigation proposed and accepted by the Resource
Agencies (US Fish & Wildlife, and CA Dept of Fish and Game) significantly reduces the
Agenda Report •
Page 2 March 18, 2008
amount of environmental impact that would have been created by the planned access
route for the second 4 million gallon reservoir at the 760S site.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
None.
FINANCIAL CONSIDERATIONS:
There is sufficient funding in CIP #791 for this work.
NOTIFICATION:
E. Stewart and Associates Inc.
Natures Image Inc.
RECOMMENDATION:
By motion, approve an agreement with E. Stewart and Associates Inc., to install plants
and irrigation systems necessary to restore or augment habitat in the 760S Area that
failed to thrive or was damaged by vandalism in the amount of $35,242.
Respectfully s
ubmitted,
CinY�ll?QL�
Interim Director of Public Works
Prepared by,
Eric P. Bauman
Water Engineering Manager
Attachments: 1. October 2007 Work Scope
2. February 2008 Revised Work Scope
3. Personal Services Agreement
Jeffrey B. Froke, Ph.D.
CALIFORNIA WILDLIFE ECOLOGY
3158 Bird Rock Road / Pebble Beach CA 93953
TEL (831) 224-$595 / FAX (8.31) 649-3764
jGJ'r o.Er Ca ,nd n. cnm
TO: Eric Bauman for the City of San Juan Capistrano
CC: Shawna Schaffner for CAA Planning
RE: Work Scope / 760 Mitigation & Adaptive Management
2 May 2007 / iov: 30 Oct 07
MEMORANDUM
The Revision includes (a) gallons applied to container stock specifications,
and (b) an addendum on work site preparation methods.
err=: This original Workscope had been requested by and as/ understand, approved by
Peter Salgado andjor the appropriate City Board/Commission on or about 14 May
2007.
This work scope covers four (4) projects that are attendant to the 760 RCHRP:
(1) Re -plant and re -seed species to fulfill the Riparian Thicket within Site No. 8;
(2) Annex a new area to the RCHRP and inside that area plant and seed CSS to
mitigate for 2 -year old habitat that was displaced by new riparian/wetland
development (2007 Amendment);
(3) Plant Native Grassland and CSS to compensate for loss of planned but
undeveloped habitats that were displaced by either the 2007 Amendment or
projected truck access lane;
(4) Remediate planted/seeded CSS habitat that was destroyed by motorcycle
vandalism during 2004-2005.
PROJECT 1 - Riparian Thicket at Site No. 8
General Comments
A. This activity will remediate for the loss of a significant portion of planted and
seeded plants (2005-2006) that failed and perished during 2006. Several factors
had contributed to the failure, and much of the loss was preventable. That is good
news in a sense, because it means we know to better manage the site during 2007
and forward by committing to better (a) communication, and (b) attention to the
needs of the riparian vegetation.
ATTACHMENT
OF / RCHRP 4 -Project Work Scope / MY 4 OC 0711 of 10
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B. Whereas, watering will be reduced in most planting zones by late summer 2007,
all of Site 8 will require continuous and substantial irrigation throughout the entire
year. In addition to direct irrigation, we will constantly look for and respond to
opportunities to capture and redistribute sprinkler and rainfall runoff - as from
Sites 6, 7, and 11 - for use in Site 8.
3. Since this will be our first installation working together, my expectation is that we
UBF & Nature's Image) carefully coordinate tasks so that I will be onsite for placing
container stock and for observing the seeding/hydroseeding: I choose to work with
crews to hand -place stock -- and aim hoses -- instead of relying on detailed maps
for crews to interpret.
The Soecies
Below is the approved list of species for Site 8, all but one of which (BACSAL) were planted
or seeded onsite during 2005 (hydroseed) and 2006 (container stock). The present list is
formatted to show which species will be re-applied to the site as part of the 2007 project.
BACSAL Baccharis salicifolia
BROCAR Bromus cannatus
HORBRA
Hordeum brachyanthemm
JUNFFF
` Juncus effuses pacificus
JUNPA'I
Juncuspalens
LEYTRI
Leymus iriticoides
PLARAC
' Platanus racemosa
RHUINT
Rhus integrifolia
.
ROSCAL
Rosa californica
SALGOO
Salix,iooddm7fi
SALLAS
Salix lasiolepis
SAMMEX
Sambucus mexicana
VITCAL
Vitis califomica
VULMIC
Vulpia microstachys confisa
MULE FAT
CALIFORNIA BROME
P 40 1
S 16
MEADOW BARLEY
S'
- 20
PACIFIC RUSH
. P'
_ 80{i
- SPREADING RUSH
- P'
80,z;
! CREEPING WILDRYE
S'
24
WESTERN SYCAMORE
P'
81
LEMONADESUMAC
P'
8
CALIFORNIA WILD ROSE
P'
24 S'
GOODDINC'S WILLOW
P'
40;ii
ARROYOWILLOW
P'
40='-
MEXICAN ELDERBERRY
P'
8S-
CALIFORNIA GRAPE
P'
24
CONFUSING FESCUE
S`
12/-"
JBF / RCHRP 4 -Project Work Scope / MY 4 OC 07 / 2 of 10
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Riparian Species: Species indicated in bold will be planted [P] or seeded [S] as primary", or
secondary "vegetation elements of the Site 8 project in 2007. The four
species shown in BLUE will be installed in the wet zone. Poundage (per
acre) is shown for the (4) seeded grass species (second column). Count
(number of containers) is shown for each of the (10) planted species third
column). Container sizes are one and five gallons, except for Western
Sycamores (10 -gap, and both Pacific and Spreading Rushes (usually 2 -in).
Sizes may be flexible depending on availability.
Activities & Tasks
A. Site Preparation
i. Weed Removal
Nature's Image will make an intensified search and serious removal of
invasive nonnative plants inside and immediately adjacent to Site 8 prior to
the following procedures. Lolium perenne is expected to be a primary pest
inside the project area.
ii. Seed -Soil Contact
Two weeks prior to start, Nature's Image and JBF will combine their
judgment and determine whether and how much ground should be opened
up (scraped and raked, or possibly tilled) or otherwise prepared (mowed,
raked, etc) to increase seed contact prior to seeding.
iii. Soil Moisture
Prior to seeding, the soil should be made consistently moist>wet at a depth
of 30-36 inches. If using a tensiometer or gypsum block sensor to measure
soil moisture, an acceptable range at depth would be 10-25 cb (centibars
per 100 -scale). This objective may require advance irrigation for as much
as 7-10 days before seeding, depending on weather factors.
The preceding objective may be more difficult to obtain on the limited
sloping parts of the area, in which case the objective should focus on the
lower, flatter portions.
However, with continuous irrigation as specified, all areas should be ready
for planting without the addition of water. Conversely, it may be necessary
to suspend irrigation 2-3 days prior to planting as a means to dry -out
particularly muddy sites.
jeF / RCHRP 4 -Project Work Scope / MY 4 OC 0713 of 10
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B. Hydroseeding
L Species Application
The four -plant prescription will allow all of the species' seed to be blended
and applied as a single mix. The full application area is identical to the
entirety of Site 8, which measures approximately 0.40 acres (t 17,500 ft');
however, emphasis will be on the outer 80 percent of the site, meaning all
but the lowest area (the wet zone). Altogether, the seed mix (and actual
weight) will consist of
California Brome (BROCAR)
6.40 lbs,
Meadow Barley (HORBRA)
8.00 lbs,
Creeping Wildrye (LEYTRI)
9.60 lbs, and
Confusing Fescue (VULMIC)
4.80 lbs
to total 28.80 lbs.
ii. Seed Amendment
The hydroseed blend will include 30 pounds of Glomus intraradices as its
mycorrhizal inoculum (- 75 per acre). The commercial product is AM -120
Arbuscular Mycorrhizal Inoculum, which is available - along with the seed
-- from S & S Seed (Carpinteria, CA). S&S Seed is the approved vendor for
the RCHRP.
C. Planting
L Species Schedule
The preceding chart demonstrates the number of container stock (and size)
for each species to be planted. The complete number of 352 plants --
which includes the juncus OUNPAT, JUNEFF) in 160 starters -- will be
distributed according to their site suitability, i.e., relationship to elevation
and moisture. General placement is indicated on the following map; and
specific placement will be decided in situ on planting day.
ii. Plant Source
Unless certain "must have" plants are not available, all plants will be
purchased from 1�se oP=+" ,wsein San Juan Capistrano. Replacement
species, subspecies or varieties may be acceptable in case of unavailable
JBF/ RCHRP 4 -Project Work Scope / MY 4 OC 0714 of 10
seed (S&S) or container stock (TOL), but replacements first must be
approved by JB Froke prior to contract or purchase.
D. Plant Protection
Young plants may require protection from grazing mammals, particularly Mule Deer and
Audubon's Cottontail. For example, wire -baskets, mesh -guards and/or grow -tubes will be
erected around more impacted or susceptible willows, roses and grapes: Alternatively,
groups of plants may be surrounded by compact fences. Finally, Western Sycamores will
be staked to protect against winds and deer rubbing.
E. Runoff Capture
Surface flows of irrigation and natural runoff from Site Nos. 6, 7 and 11 shall be directed
into Site No. 8 by trenching and shaping of swales. These minor landscape adjustments
will be made throughout the year and on a per observation and opportunity basis. As
necessary, gravel, rock and possibly additional vegetation (grasses) will be added to
runoff/inlet channels to filter sediments from entering Site No. B.
Site 8: The green dotted line indicates the approximate centerline of the riparian
site, and the blue tinted area is the planned wct xonr.
JBF / RCHRP 4 -Project Work Scope / MY 4 OC 0715 of 10
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Site 8 - General scheme for placement of 336 plants of eight principal
species; total plantings = 352 of 10 species.
JU / RCHRP 4 -Project Work Scope / MY 4 OC 071 6 o 7 0
PROJECT 2 & 3 - Expansion & Restoration of Displaced Habitats
General Comments
A. In part, this activity [#2] will compensate for the reallocation of planned CSS within
the RCHRP Area to wetland and riparian habitat per the TR -3 Amendment Project
that was completed on 16 April 2007. The total amount of planned CSS that was
displaced and that will be restored on an adjacent site (expansion site) is
approximately 0.52 acres.
B. This activity [#3] also will compensate for the loss (temporary loss) of planned CSS
and Native Grassland vegetation within the RCHRP Area, specifically an area that is
linked to portions of the combined Sites 6 and 7. This subtraction is the result of
maintaining a 15 -ft wide access way for heavy -load trucks that will deliver
construction materials for Tank No. 2 at an undetermined future time. The truck
road will displace a linear configuration of approximately 0.25 acres (15 x 725 ft).
C. The expansion area was selected because it is contiguous with the RCHRP Area in
a location that is predominantly nonnative grasses and herbaceous plants
including Cynara cardunculus, Bromus diandrus, Avena barbata, and bare ground.
The site also is adjacent to the 760 Tank and is servicable by the existing
irrigation system. The total expansion is 0.77 acres (0.52 + 0.25 acres).
D. The specific allocation of cover types to affected sites from this activity includes
Site Native grass (0.45 ac)
CSS (0.1 5 ac)
Mowed dirt road (0.1 5 ac) / Total = 0.75 acres
Site existing new Wetland/riparian (0.05 ac)
Native grass (0.10 ac)
CSS (0.20 ac)
Mowed dirt road (0.10 ac) / Total = 0.45 acres
Expansion Site - CSS + patchy NaGr (0.77 ac) / Total = 0.77 acres
Subtotal New Planting Area = 1.67 acres (CSS = 1.12 ac; NaGr - 0.55 ac)
JBF / RCHRP 4 -Project Work Scope / MY 4 OC 0717 of 10
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Arithmetic:
New plantings
1. Site 6 - Native grass (0.4S)
2. Site 6 - CSS (0.1 5)
3. Site 7 - Native grass (0-10)
4. Site 7 - CSS (0.20)
5. Expansion Area (truck road [0.251 + TR -3 [0.521) = (0.77)
Over -plantings
6. Site 8 - Riparian (0.32)
TOTAL Planting Area = 1.99 acres
Activities & Tasks
A. Irrigation
Establishing the plantings inside the existing RCHRP Area will require minor adjustments
or rearrangements of the irrigation system inside Site No. 6 to allow (a) mowing and (b)
truck and tractor access.
Additional lines and heads will be necessary to establish and maintain CSS inside the
Expansion Area or sub -areas, which are adjacent to the 760 Reservoir tank. Irrigation will
be required for at least three full years following completion of the planting and seeding
projects. The contractor will irrigate an additional 0.77 acres for this task.
B. Mowing
The contractor will mow the truck access road three times per year continuously for the
term of the contract. The mowed area is one continuous strip (15 x 725 ft) = 0.25 acres.
Mowing height will be determined in the field in collaboration with the ecologist, and the
height may vary. The average height is expected to be six inches.
C. Hydroseed Application
The CSS Expansion Area will be hydroseeded pursuant to similar specifications (species
and rates) as were applied successfully to adjacent site nos. 10, 11, and 12. Specifically,
the following application will be made to the 0.77 acre Expansion Area. At 100 + 25
percent overage, as per normal for seed loss, the calculated treatment area is 0.96 or
essentially 1.00 acres. Therefore, calculated pounds per acre = actual poundage.
JBF / RCWP 4 -Project Work Scope /MYIMY4 OC 07 / 8 of 10
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It will be Nature Image's responsibility to determine which hydroseed apparatus to employ
after assessing the elevation and distance (throw) of the seeded areas.
RCHRP Area + Expansion Site: Approximate boundaries (not to scale) of activity areas for 2007 Work
Scope. Two pink areas are additional planting and seeding areas of the overall RCHRP (November 07).
D. Planting and Seed Application
The following seed and plant schedule applies to the Expansion Area +the vandalized site
at the bottom of the LL corner of the Tank Slope (see Project 4, below) a 1.00 acre.
SPECIES
ARTCAL Artemisia californica CALIFORNIA SAGEBRUSH
BROCAR
Bromus carinatus
CALIFORNIA BROME
ERICON
Eriophyllum confertiflorum
GOLDEN YARROW
HORBRA
Hordeum brachyantherum
MEADOW BARLEY
ISOMEN
Isocoma menziesii
GOLDENBUSH
MALMAR
Malosma marina
LAUREL SUMAC
SAMMEX
Sambucus mexicanus
Mexican Elderberry
SALMEL
Salvia mellifera
BLACK SAGE
NASPUL
Nasella pulchra
PURPLE NEEDLEGRASS
TOTALS
TOTAL
TOTAL
LBS
COUNT
5
500
15
1000
5 500
15 1000
5 1000
5 200
200
10 1000
10 1000
70 6,400
JBF / RCHRP 4 -Project Work Scope / MY 4 OC 0719 of 10
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* Container stock for this project will range from 2 -in starters (grasses) to grow -
pots and much as 1 -gallon for woody and herbaceous species when necessary per
availability.
PROJECT 4 - Repair of Vandalized Hillside
General Comments
The ._ 2,000 sgft site was successfully seeded and planted in 2004 and 2005, respectively.
However, motorcyclists vandalized the entire Tank Slope before the present - and now
successful - chain-link fence was erected. The largest part of the damaged areas were
effectively remediated or naturally recruitmed and recovered; but the present small area
did not, probably due to excessive compaction and south -facing exposure. This project
will successfully remediate the damage by its focus and follow-through.
Activity & Tasks
A. The site will be prepared by heavily raking or scruffing to decompact the surface 3-
6 inches and to increase seed -to -soil contact.
B. The site will be hydroseeded at the same time and using the same application as
Projects 2 and 3, above.
C. Repair plantings will be on par with Projects 2 and 3, using the same species and
overall density (0.15 m 1 plant per 7 sqft).
SUMMARY
Combination of All New Activities & Areas
Plant:
approx.
6,752 plants / 1.99 acres
Seed:
approx.
100 lbs / 1.32 acres
Mow:
approx.
0.25 acres (3 x annum)
Irrigate:
approx.
0.77 acres
Note: Per an estimated 5 working days, the ecologist's fee to oversee and monitor this
project is calculated at $5,680, all costs included. This amount does not reflect
any work or charges by Nature's Image, the install firm selected by the City.
JB Froke, Project Ecologist (Design & Monitor)
JBF / RCHRP 4 -Project Work Scope / MY 4 OC 07110 of 10
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TO: Ed Bauman
CC: Shawna Schaffner
•
Jeffrey B Froke, PhD
CALIFAUNA
jbfroke@mac.com,
Revised Planting Scope for 760, amended
Monday, 18 February 2008
(1) The Is' modified budget that SJC asked for in October 2007 resulted in the following 11'
modified scope, which included a 40 pct reduction in the number of plants. The 1 s' modified
scope included the following items:
a) Plant 2,588 plants = (2,574 @ 1 -gal) + (7 @ 5 -gal) + (7 @ 15 -gal) over
prescribed 2.00 acres (approx 2.9 plants per 100 sqft), or p,ar<= 0.029;
b) Install 200 two-inch starter plugs inside 0.40 acres;
c) Hydroseed 100 lbs over 1.32 acres = 75 lbs per acre;
d) Mow truck road connecting side access road to the paved access road) = 0.25 acres;
e) Add Irrigation (0.75 acres = 32,670 sqft), on hill site next to Tank;
f) Dig a shallow diversion channel/berm to direct flows that otherwise is re -filling the
riparian basin @ Site 8 (approx. 50 ft length);
g) Add a gravel -filled sump (w/ 2 yards of gravel) at the base of the eroding channel (base
of Site 11) to filter fine sediments before entering the above channel to the basin; and,
h) Spread 5 straw bales (clean, non -germinating = rice, sterile barley...) per in -field
directions.
(2) Now, in February 2008, the recommended 2nd modified scope includes, only, an increase the in
the number of new plants:
a) Plant 3,420 plants = (3,400 @ 1 -gal) + (10 @ 5 -gal) + 10 @ 1 5 -gal) over the same
prescribed 2.00 acres. In other words, increase the number of 1 -gallon plants shown in
the 111 modified scope by 986 (41 pct). Thereby, the revised average density (p W)
will be 0.39, or 3.9 plants per 100 sqft, which is acceptable.
JBF
Wildlife &Landscape Science Consulting . . . . 3158 Bird Rock Road / Pebble Beach CA 93953 TEL (831) 224-8595
ATTACHMENT
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this _day
of , 2008, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and E. Stewart and Associates Inc., (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to Restore or Augment Habitat in the 760S Area that Failed to Thrive or was
Damaged by Vandalism; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the City shall consist of those tasks as set
forth in Exhibit 'A" described as the Consultants proposal of March 3, 2008, attached and
incorporated herein by reference. To the extent that there are any conflicts between the
provisions described in Exhibit "A" and those provisions contained within this Agreement,
the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified by the Director of Public Works, or
her/his designee that said services are no longer required, subject to 15 days notice of
termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Thirty Five
Thousand Two Hundred Forty -Two Dollars ($35,242) as set forth in Exhibit "A."
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
ATTACHMENT
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will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work to be performed under this
Agreement. Should Consultant discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by City, it shall immediately
inform the City of this and shall not proceed with further work under this Agreement until
written instructions are received from the City.
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Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
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recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
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Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
required.
14.5 Errors and Omissions Coverage
Errors and Omissions Coverage (professional liability coverage) are not
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
5
0
0
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
To Consultant: Ed Stewart
Ed Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
U.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
In
Joe Soto, Mayor
CONSULTANT
7
Ed Stewart
E. Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949) 498-9250
FAX (949) 498-4961
March 3, 2008
Jeffrey B Froke, PhD
3158 Bird Rock road
Pebble Beach, CA 93953
Proposal for 760 Mitigation Site
(Based on 2008 -2"d Modified Scope Plant Increase)
Purchase and Plant: 3,420 plants (3400 — 1 gal., 10 — 5 gal., 10 — 15 gal.,) with retention
basins and mulch. Total for plants and labor: $18,563.00
Purchase and Plant: 200 starter plugs - Total: $1,730.00
Hydro Seed 57,500 sq.ft. with 100 lbs. of grass seed — Total: $5,175.00
Mow access road: Total: $250.00
Install irrigation: parts and labor — Total: $8,944.00
Dig diversion channel with straw bales and gravel — Total: $580.00
Total for all plants, labor and installation - Total: $35.242.00
Please call, should you have any questions or require further information.
Sincerely,
Ed Stewart
cc: Eric Bauman
EXHIBIT "A"
32400 PASEO ADELANTO
. � � ®
MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
/ice �C�1
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SAM O
(949) 4931171
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13` In[OAIO&RI[u
THOMAS W . HRIBAR
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(949) 493-1053 FAX
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ELSEN
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JOE SOT.OY�
JOE 5070
DR. LONDRES USO
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 18,
2008 in the City Council Chamber in City Hall, to consider: "Consideration of
Agreement to Restore or Augment Habitat in the 760S Area that Failed to Thrive
or was Damaged by Vandalism (E. Stewart and Associates, Inc)" — Item No. D14.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, March 17, 2008 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Eric P. Bauman,
Water Engineering Manager. You may contact that staff member at (949) 487-4312
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaoistrano.oro. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerkCa-)sanivancapistrano.ora.
Meg Monahan, MMC
City Clerk
cc: E. Stewart and Associates Inc; Natures Image Inc; Cindy Russell, Interim
Director of Public Works.; Eric P. Bauman, Water Engineering Manager
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed on 100% recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www sanj uancapistrano. org
March 20, 2008
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1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
On March 18, 2008, the City Council of San Juan Capistrano met regarding:
"Consideration of Agreement to Restore or Augment Habitat in the 760S Area that
Failed to Thrive or was Damaged by Vandalism (E. Stewart and Associates, Inc)"
Item No. D14.
The following action was taken at the meeting: Agreement with E. Stewart and
Associates Inc., to install plants and irrigation systems necessary to restore or
augment habitat in the 760S area that failed to thrive or was damaged by
vandalism, in the amount of $35,242, approved.
If you have any questions regarding this action, please contact Eric P. Bauman, Water
Engineering Manager at (949) 487-4312 for more detailed information.
Thank you,
Meggonaman, MMC
Cc: E. Stewart and Associates Inc; Natures Image Inc; Cindy Russell, Interim
Director of Public Works.; Eric P. Bauman, Water Engineering Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
C� Prmtetl on lop%recycled paper