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09-0616_STEWART & ASSOCIATES_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT I THIS AGREEMENT is made, entered into, and shall become effective this�ct�y of009, by and between the City of San Juan Capistrano (hereinafter referred to a he "City") and E. Stewart & Associates, Inc., (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide the 760S Reservoir Project — Habitat Restoration Maintenance Services — Year No. 3; 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 Consultant shall consist of those tasks as set forth in Exhibit 'A" described as the Consultants Proposal of April 28, 2009 and Detailed breakdown of costs of May 6, 2009; and Exhibit "B", described as Addendum 1 to the City's request for proposals of March 23, dated April 22, 2009, and Attachment "C," described as the City's request for proposals of March 23, 2009, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibits "A", "B", and "C" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than July 1, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $61,900 (Sixty One Thousand, Nine Hundred Dollars) as the total contract amount per year; including expenses per Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City 0 0 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 bythe 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) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hftp://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emploverreclistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or. wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. 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 !f 9 0 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. 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. 14.5 Errors and Omissions Coverage Not required. 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 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: Eric Bauman, Utilities Engineer To Consultant: E. Stewart & Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attn: Edwin W. Stewart, CEO. 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"). 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, CITY OF SAN JUAN CAPISTRANO By: M rk ielsen, Ma r CONSULTANT ATTEST: Clerk APPROVED AS TO FORM: [3 PHONE (949) 498-9250 FAX(949)498-4961 April 28, 2009 • STI;kRTASSOCIATES Mr. Eric Bauman, Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 40 1000 CALLE NEGOCIO SAN CLEMENTE, CA 92673 RE: Proposal for — City of San Juan Capistrano: 760S Reservoir Project Habitat Restoration Maintenance Services — Year No. 3 Dear Mr. Bauman, E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for the 760S Reservoir Project — Habitat Restoration Maintenance Services. This proposal has been prepared in response to the City's Request for Proposal (RFP) dated March 23, 2009, and is organized to conform to the City's proposal requirements. With our twenty year history with the City of San Juan Capistrano, and having complete knowledge as the original installation and first six month's maintenance contractor for the site, E. Stewart and Associates, Inc. is uniquely qualified to provide the continuous service and standard of work the City has come to expect. We are always on standby, should the City require emergency or additional work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City. All prices on the following page reflect the additional items mentioned in Addendum #1, and the seasonal shift in maintenance services. E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal. We will work closely with the Utilities Department and apply every resource to complete each task we perform successfully. Our proximity to the site (our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano) as well as our ability to work closely with Jeffrey Froke, PHD, enables our response to the various needs of the City to be rapid and efficient. This proposal shall be considered valid for a period of 90 days. The following individuals are authorized to bind the company: Edwin W. Stewart, Chief Executive Officer Denise Stewart, Corporate Secretary E. Stewart & Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949)498-9250 Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal. Sincerely, win W. Stewart Chief Executive Officer, E. Stewart & Associates, Inc. EXHIBIT "A" 0 Cl o � I N 0 N fJ O � 20 ! N I _ N OI, (^ VVV s) W > NZ Vi _L > a 0 I 0 oW ol ajoi QQ m Ill ,IOC iw - c r. Cl • 0 E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949)498-9250 FAX (949) 498-4961 May 6, 2009 Mr. Eric Bauman, Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: 760 S Reservoir Project Habitat Restoration Maintenance Services — Year No. 3 Dear Mr. Bauman, This letter is to verify our acceptance of and agreement to all terms of the Request For Proposal for the 760 S Reservoir Project Habitat Restoration Maintenances Services — Year No. 3, and to acknowledge our receipt of Addendum No. 1. Attached, please find the fee schedule (May 2009 to April 20 10) and totals for both the maintenance services and Addendum No. 1. Please call, should you require further information. Sincerely, Ed Stewart r U O O W z W J J V 0 0 r r rn M q C N � rn U v W 2 L WL m O W N J N V °' a) Q N 0) Ir W_ O cc a oc O W H W N to N 0 O O O O p 0000 Soo y N 00 0 ui y N n O O N N tp l0 Q1 N M w M\ ~ N O N N H N W n ~ a Z r Q .y Q Q to 01Y V N V V VT O S S S S S O 0� M O �O S Vl 0O 1!1 ry C V1 a d OO O O O S M O M O OD O N O m O N C V O V1 N N 1 1 1 0 1 o o o 0 go N .n W o t0 v� vi in VI N O $0081 $ vl N O O O Vf O Vf 1 N O N V1 �O N N N ' C i R 11 8 8 1 $ 0 1 0 0 0 ti N g O 0 m 8 1 1 1 1 Q Q w 0 0$ p O M N m w w M N m m 1 8 8 8 N ! m o 0 O O O C C C G t00 � z a m v a' v 1 1 1 1 8 d 0 $ m 1 1 'a $ y N N Vt LL � M Vf N $o m 0 0 6 o v N N N O C S O O O O m N e o o e ry V N 1!1 a N N N a O c c a E d CA G m a c a 9 r N W a o 3 t a 12 ti ry M a v C Z 0 Soo o g X M w M\ N O N N W n ~ Z r Q .y Q Q to V N V V VT O O N N O N a d LL O N O N C R S g 0 m S o p O N N N m m z 8 $ M N M Vf N Q o N r a N O CA G m a a / e v H e ^ rn o d N V N � tL O O O m O t0 �D g ^ rn o N C O N q � b T T N a v � L d o N E u _ u ? `w Wa v m m 4 W 2 W Y C N i 00 'vf v h m w V V C m a H H z' • • Page l of 2 From: Eric Bauman Sent: Wednesday, April 22, 2009 2:55 PM To: 'JB Froke; Corbett Jim Qim@habitatwest.com); Ed Stewart (ed@estewartandassociates.com); Gallagher Cory (cgallagher@naturesimage.net); Girard Mark (mgirard@hrs.dudek.com); jason@ocsandbagger.com; MCGee Jenny (JMcGee@chambersgroupinc.com); Vandenecker, Darlene Subject: FW: Additional work items @ 7605 site; ADDENDUM No l Importance: High Attachments: Site 13 Re -seed 21JA09.pdf; Season Shift 31MR09.pdf All: This is ADDENDUM No. 1 to the 760S Reservoir Project — HABITAT RESTORATION MAINTENANCE SERVICES — Year No. 3. Include specific mention of it in you proposal. Please acknowledge receipt of this e-mail upon receipt. Per the site walk today San Juan is adding the following items of work. Please include each item as a separate line item of work in your proposal. All work described is to be performed per the descriptions and requirements of the original request for proposals 1) Provide 4 cubic yards of earth -colored stones (that is their color matches that of the local ground) with 1/3 ranging in size from 6" — 8"; another 1/3 ranging in size from 8" —10"; and another 1/3 ranging in size from 10" — 12". Manually place these stones as directed by the Consulting Biologist. Stones can be composed of the following: river granite, limestone, or sandstone. 2) At the illegally carved bike trail post and maintain 2 signs (2'x 3') saying "Habitat Restoration Area — Please Keep Off"; one on adjacent to the access road, the other where the illegal trail meets other legitimate trails. The illegal trail is approximately 250 feet long and 4 feet wide. For the segment adjacent to the habitat restoration area (Area 2) provide ground scarification, and mulch with hydro seed mix, of a composition specifically prescribed by the Consulting Biologist and at a time as deemed beneficial by the Consulting Biologist. For the purpose of proposal, use the mix specified, and the description of preparation provided in the site 13 Re -seeding description of work (attached.) 3) Excavate two irregularly shaped shallow pool areas under the direction of the Consulting Biologist. The approximate area of one will be 400 square feet within Area 8; the other will have an area of 300 square feet within Area 11. Both will be 3 foot deep throughout. Only small excavation equipment such as a Bob -Cat will be allowed. The soil will be placed nearby, less than 300 feet away, in an area specified by the Consulting Biologist. 4) The maintenance Contractor must coordinate its schedule with that of the Consulting Biologist to allow the Consulting Biologist to observe and evaluate the means and methods of the Maintenance Contractors crew at least one day per month. 5) Create a 10 foot buffer around exterior perimeter of sites 1 through 13 for removal of Mustard only. The technique will require that the mustard be cut and EXHIBIT "B" file://W:\ENG\CPTL\Reservoirs\760S\rfp\7605 _Yr3_Maint\ADDI\FW Additional work it... 4/29/2009 • • Page 2 of 2 laid down at the site to form mulch, rather than removed in this buffer zone. 6) Re -seed site 13 per the attached instructions titled "S J Capo 760 Project / Reseeding Specs." 7) Adjust your cost proposal on a monthly basis to account for the seasonal shit in labor focus required per the attached memorandum from the Consulting Biologist defining seasonal shifts in labor focus. 8) The proposal due date has been changed from April 21, 2009; to April 28, 2009 to accommodate the additional work. The contract signature date will also increase to May 12, 2009. Eric Bauman file://W:\ENG\CPTL\Reservoirs\760S\rfp\7605 Yr3_Maint\ADDI\FW Additional work it... 4/29/2009 Li (ALIfflllllfl PROJECT INFORMATION Date: Tuesday, 31 March 2009 Project: SJC 760 - Reservoir Canyon Habitat Restoration Plan Attn: Eric Bauman, City of San Juan Capistrano cc: Shawna Schaffner, CAA Planning Subject: Seasonal Shifts in Maintenance Work Much of the following tasks and information was clipped from the "Year -3 Maintenance Instructions" that was submitted on 21 October 2008 (attached). GOAL & OUTCOME The goal of the RCHRP is a natives -derived vegetation platform and specialized wildlife habitat over the +/- 16 -acre restoration area. That is to say, a landscape that consists predominantly of CSS created to benefit a pre -established and growing resident population of California Gnatcatchers. Additionally, there is a distinct portion of the overall mitigation project - featured in three distinct areas - that is dedicated to riparian and wetland habitat features. The principal outcome of the management project will include effective site maintenance over a five -plus (S+) year period, in compliance with the City's ESA 4(d) permit that was issued in 2004 by the US Fish & Wildlife Service in concert with CA Department of Fish & Game. In view of the Corps of Engineers and Regional Board's interests, and effective 2007-2008, added management expectations of the 760 project will mitigate for the City's specific other offsite projects. Seasonal Maintenance Priorities DECEMBER - MARCH: (A) Weed Control A chief objective and maintenance task is to identify and remove essentially all plants and stands of nonnative plants and vegetation from the restoration area. However, while it is neither necessary nor realistic to remove 9Lu narratives from the site, i.e., including those that are both small and `ecologically innocuous,' (see below), management's highest priorities include removal of the following important 'target' species, plus others that may be brought to light as MMY-3 year proceeds. These should start to appear during the December -March period. Across the board, any number of weeds species will be flowering and setting seeds throughout the year, particularly during the period of March -October. Specifically, the restoration area should be maintained free of the following nonnative plant species: e.,.. Y ............. i� vci760 RCHRP . page 1/3 JEFFREY S. FROKE, Pi 31 58 81RD ROCK ROAD PEBBLE BEACH, CA 93953 TEL (831) 224-8595 FAX (83 1) 649-3765 JBFROKE@MAC.COM Thursday, 22 January 2009 To: Ed Stewart Ed Stewart & Associates Re: SJCapo 760 Project / Reseeding Specs Here s my recommendation for site 13, over which the 2008 hydro -seeding failed early on. 1. Prepare the site by killing weeds and nonnative grasses (e.g., Perennial Wildrye, Loliunt perenne - while protecting onsite planted shrubs, which were successful from the start in early 2008. 2. Thoroughly rake (by hand and/or behind your JD Gator) to a depth of at least 3 in.; rake and remove killed/dead plant materials. 3. Ensure ground moisture (wet) at 24-36 in. below ground level; 4. Seed (but not hydro -seed) per the following mix prescription: Native Crasser BROCAR Bromus rnrinatus California Brome 15 short-lived,'nurse grass ELYGLA Elyntu5 glaucus Blue Wildrye 15 long-lived NASPUL Nassella piddl Purple Needlegrass 15 long-lived Native Shrubs CARCAL Carpenterin califuruirn Bush Anemone 5 RIBAURGRA Ribes annum gracill,nuu+ Golden Currant 10 must be ssp. gracilbl ZAUCAL Zouclmeria califonlicn California Fuschia 10 straight sp. or'Ghostly Red' 70 TOTAL 5. Cover all seed with 1 inch of rice straw or sterile/non-germinating barley straw; 6. Finally see me if seed/species are not available and replacement seeds 'll be necessi -- JBF WILDLIFE & LANDSCAPE SCIENCE FOR THE CALIFORNIA COMMUNITY CENTRAL S. SOUTHERN CA I COASTAL & INLAND REGIONS 0 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS 760S Reservoir Project — HABITAT RESTORATION MAINTENANCE SERVICES — Year No. 3 SECTION I: GENERAL Description: The City of San Juan Capistrano (City) is soliciting proposals for the maintenance of habitat restoration areas for the 760 S Reservoir Project. Location maps and a key map of the sites referenced in this RFP are best shown on Exhibit B, in the 2007 Mitigation plan pages 2, 4, & 7. Construction of the 760 S Reservoir Project resulted in temporary and permanent impacts to native habitat. These impacts required jurisdictional reviews and approvals from the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, and California Regional Water Quality Control Board. Collectively, these agencies are referred to as the resource agencies. As part of the approvals from the resource agencies, the City has been required to restore up to 17 acres of native habitat on the project site. The on-site restoration area is made up of a combination of Coastal Sage Scrub and Riparian habitats. The restoration area and proposed plant palettes are included in Exhibit B. The City has also been required to maintain and monitor the restoration area for a 5 -year period to ensure compliance with the jurisdictional approvals. The jurisdictional approvals from the resource agencies are included in Exhibit C; which the Maintenance contractor must comply with respect to the performance of the maintenance procedures described therein. Section II of this Request for Proposals outlines the scope of services required for this project. Section III outlines the Proposal requirements and Section IV provides pertinent additional information. The City Anticipates the following schedule of events: • Request for proposals sent out March 23, 2009 • On site tour with consulting biologist To be determined. • Proposals due April 21, 2009 • Contract Signature May 5, 2009 • On Site Maintenance Work May 2009 to April 2010 The site tour will meet at east end of Del Gado Street near its intersection of Calle Miramar in the City of San Juan Capistrano, CA 92675. Supporting information this request for proposals includes Exhibit B which contains the original Habitat Restoration plan for sites 1 — 13; and a modification 1 EXHIBIT "C" implemented in 2007 titled Reservoir Canyon Habitat Mitigation and Monitoring Plan for the 760 Zone SC -04 Reservoir Project which changed the character of sites 4, 6, 7, & 9 to more of a riparian habitat. The overriding focus of this work is to maintain the sites as they currently exist free of invasive weeds, and suitably populated with native plans. Of particular focus in year 3 are the maintenance instruction included in Exhibit E. Qualifications: In order to be considered eligible to make a proposal on this maintenance work, the Firm must have specific experience with native habitat maintenance or establishment. The work involved requires training specific to the identification and the proper removal of invasive plants while preserving and enhancing the desired native plants. Firms proposing to perform this work must provide references and brief descriptions of at least two other sites of comparable size, condition, and habitat covering both Costal Sage, and Riparian habitats at which the firm's staff has worked. The work must be recent — with in the last 3 years. Proposals from firms not meeting these criteria will not be considered. Contact: If you are interested in this project please contact Eric Bauman, Utilities Engineer, City of San Juan Capistrano CA 92675, at 949.487.4312, or e- mail ebauman(a)sanivancapistrano.org. SECTION II: SCOPE OF WORK The Scope of Work for this project is as set forth below. As referenced herein, the OWNER shall mean the City of San Juan Capistrano; and CONSULTANT shall mean the Firm proposing to conduct the maintenance services. This contract shall entail a comprehensive process of work. CONSULTANT is expected to visit and review the restoration area to become familiar with its potential and limitations prior to submittal of a proposal. TASKS The Scope of Work for this project consists of the following tasks: Task 1. Weed Abatement 1.1 Systematically kill and/or remove all wild artichoke, black mustard, fennel, and other targeted exotic species from the restoration areas to ensure compliance with the success criteria outlined in the jurisdictional approvals included in Exhibits B & C. Consultant shall work with the Owner's biological monitor to identify and prioritize the other targeted species. 2 0 0 1.2 Weed abatement methods shall include hand -pulling, hoeing and digging. Application of herbicides will be made in special non -routine circumstances, and will employ wick -application versus spraying. Prior to application, the proposed herbicides and application method shall be approved by the Owner's biological monitor. 1.3 Frequency of weed abatement will be geared to identify and remove weeds at an early developmental stage, before mature rosettes and hardened roots are established. When pulled, the entire plant and roots should be readily removed. Frequency will change in response to weather conditions and growth rate; but initially, Consultant shall monitor weed development and remove weeds on at least a bi-weekly basis. Consultant shall work with the Owner's biological monitor to establish frequency of weeding. 1.4 All weed material will be removed from the restoration area and disposed off-site. Task 2. Irrigation 2.1 An irrigation system has been installed to serve the restoration area. The irrigation system includes a pump, two backflow devices as well as irrigation lines and sprinkler heads. Consultant shall be responsible for operation, maintenance, and general repair of the system. Owner shall be responsible for all irrigation water costs. In this 3`d maintenance year, the amount of irrigation has been curtailed in most areas except Site 8 (Riparian Basin) and occasionally an indirect application to Sites 4, 7, & 9. See Exhibit E for details. 2.2 Consultant shall irrigate the restoration area so as to soak the soils to a depth sufficient to cause deep root development. An estimated average will be 24 inches. 2.3 Effective irrigation may require digging (shallow decompaction) of soils immediately surrounding certain plants to improve water absorption and percolation. 2.4 The frequency of irrigation cannot be accurately judged or predicted as it will need to be flexible in response to weather and soil moisture conditions over the maintenance period and to the welfare requirements of the plants. The riparian restoration area was intended to be irrigated for a maximum of 3 years. The remainder of the restoration areas are intended to by irrigated for the entire 5 -year period as required. Consultant shall work with the Owner's biological monitor to establish an effective irrigation schedule. 3 0 0 Task 3. General Maintenance 3.1 Consultant shall implement erosion control measures as required to ensure protection of plants during rain events. Should plants be damaged due to run-off, Consultant shall replace damaged plants. 3.2 Consultant shall provide protect plants from wildlife damage. Should plants be damaged due to wildlife, Consultant shall replace damaged plants. Task 4. Proiect Management 4.1 Consultant shall work with the Owner's biological monitor to establish and implement an effective maintenance regime to ensure compliance with the success criteria outlined in the jurisdictional approvals included in Exhibit C. 4.2 Consultant shall identify a project manager who shall be the point of contact for Owner. Project manager shall be available to meet regularly with the Owner and its biological monitor to discuss the progress of the maintenance activities as well as any issues that require resolution. SECTION III: PROPOSAL REQUIREMENTS Although no specific format is required by the OWNER this section is intended to provide guidelines to the CONSULTANT regarding features which OWNER will expect to be included in the proposal. At a minimum, the proposal shall contain the following information: 1. Content and Format Organize and present proposal in a neat and logical format, relevant to these services. CONSULTANT's proposal shall be clear, accurate, and comprehensive. The proposal is expected to be for complete maintenance services. The CONSULTANT is expected to be familiar with the level of effort required to provide the requested services. If a work item must be done, but was not specifically called for in the scope of work, make this clear in the proposal. The proposal shall use be a maximum of 30 pages, including the transmittal/offer letter, but excluding the fee proposal and resumes of key personnel. The proposal should include the following: a. Signed transmittal letter or statement of proposal/offer 9 0 0 b. Approach to the project, including a description of the scope of services, specific work tasks and activities, and concepts for conducting the work; c. Descriptions of similar projects by the Project Manager and key staff to be used on this assignment; d. Team organization including an organization chart or diagram; e. Brief resumes of key staff with descriptions of their specific experience and capabilities; f. Project schedule indicating the time frame for completing each task contained within the scope of work; and g. An analysis of the estimated hours that each member of the project team will contribute for the individual tasks in the scope of work, along with hourly rates, estimated direct costs, and a total fee for the project. 2. Transmittal Letter/Statement of Proposal/Offer The proposal shall be signed by an individual authorized to bind the CONSULTANT and shall contain a statement that the proposal is an offer for a 90 -day period. 3. Scope of Services A detailed description of the Scope of Work and the methodology for its completion shall be included in this section. The work plan should discuss any specific issues, constraints, or anticipated problems that should be anticipated during the project, and provide a suggested approach for their resolution. It should explain the work tasks associated with each element of the project, plus any other tasks that are needed for the sake of completeness or enhancement. 4. Qualifications and Experience Describe the qualifications and experience of the firm, key staff, and sub consultants that will perform the work. The CONSULTANT and sub consultants shall demonstrate competence to perform these services. Qualifications should be based on direct experience on recent projects that are similar in scope and size. Projects listed should be those that key staff named for this project was responsible for performing services. Include a brief description of these relevant projects and a client reference and telephone number who may be contacted by the OWNER. 5. Project Team The proposal shall include descriptions of the specific experience and capabilities of the designated Project Manager, Technical Advisors, and other support staff related to the previously outlined scope of work. Key personnel shall include the Project Manager, Technical Advisors, and other support staff. The Project 5 Manager assigned to the project shall not be reassigned without the prior written approval from the OWNER. Include the identity and qualifications of all sub consultants. 6. Schedule The chosen CONSULTANT shall furnish a project schedule that identifies, in graphical format, the timetable for completion of tasks, activities, and phases associated with the scope of work for the project. Include a brief discussion of any key assumptions used in preparing the timetable and identify any critical tasks and/or events that could impact the overall schedule, including review periods. 7. Fee The Lump Sum fee proposal shall be included in a separate sealed envelope and shall be in the matrix format shown as Exhibit D. The CONSULTANT may make modifications as required to the cost matrix; however, the fee proposal shall follow the general format shown therein. The CONSULTANT shall be responsible for the accuracy of the cost matrix and fee proposal. The CONSULTANT shall provide a cost and billing schedule of current hourly rates for each of the project team. The CONSULTANT shall break down the cost proposal into the individual tasks in the scope of work. Include the identity and estimated costs of all sub consultants, reproduction costs, and other direct costs. As a basis for contract negotiations, provide the total lump sum fee, including all labor, sub consultants, and direct expenses, separately for each element of the project, as well as for the entire project. The OWNER will not approve a cost extra unless it specifically requests additional work for effort clearly outside the scope of work for the project as defined in the RFP. The CONSULTANT must receive approval prior to commencement of work. Work performed prior to the OWNERS approval will not be deemed extra. 8. Payment The CONSULTANT shall submit invoices on the 1st of each month and will be paid once per month. Payment will be based upon the percentage of tasks completed and not on hours expended on the project. 9. Non -Collusion Statement The proposal shall include a statement of non -collusion or conflict of interest. SECTION IV: ADDITIONAL INFORMATION 9 0 This section contains additional information and requirements pertaining to the engineering services described in this request for proposal. 1. Schedule The CONSULTANT selected must be able to begin work immediately upon award of contract and must be able to maintain the level of effort required meeting the proposed schedule. 2. Disclaimer This request for proposals does not commit the OWNER to retain any CONSULTANT, to pay costs incurred in the preparation of proposals, or to proceed with the project. The OWNER reserves the right to extend the due date for the proposal, to reject any or all proposals, to negotiate with any qualified proposer, and to appoint more than one firm to provide services on given elements or portions of the project. 3. Withdrawal of Proposals Proposals may be withdrawn if written notification of withdrawal of the proposal is signed by an authorized representative of the firm and received at the designated OWNER'S office prior to the closing time for receipt of proposals. Proposals, including accompanying materials, will become the property of the OWNER. Proposals will be held in confidence to the extent permitted by law. After award of a contract or after rejection of all proposals, the proposals will be public records subject to disclosure under the California Public Records Act. (Government Code Section 6250 et seq). The OWNER reserves the right to request additional information from proposers prior to the final selection, and to consider information about a firm other than that submitted in the proposal or interview. 4. Site Inspection CONSULTANT is urged to make site visits and examinations so as to become thoroughly familiar with the conditions affecting their evaluation process. Failure to make such additional investigations will not be the grounds for additional claims or for extension of time under the contract, and will not relieve the CONSULTANT of responsibility for meeting all requirements of the request for proposal. 5. Insurance Requirements 7 0 0 The CONSULTANT is directed to review the insurance requirements as delineated in the City's Personal Services Contract Exhibit A, Section 14. 6. Consultant Evaluation & Selection Process The OWNER may select for contract negotiations the firm that, in the OWNER's judgment, will best meet the OWNER's needs, irrespective of the comparison of fees and costs estimated by the proposers. The OWNER's CONSULTANT evaluation and selection process is based on the following criteria. a. Understanding of the project requirements, including identification of critical elements and key issues. b. Technical approach and work plan for the project, including innovative approaches. c. Qualifications and experience of the Project Manager, and other key individuals, and sub consultants. The OWNER reserves the right to request a change of Project Manager, or any member of the team, should it deem it necessary. The CONSULTANT shall honor this request. d. Results of reference checks. Reference checks will only be conducted for a short list of firms or the top rated firm. e. Clarity of the proposal. f. Compliance with proposal requirements. g. Level of effort in hours required completing the work, fees, and schedules. The OWNER may elect to interview a short list of qualified firms or to interview only the top rated firm based on the proposals submitted for the project. The OWNER will negotiate a contract with the best -qualified firm for the desired consulting services at compensation, which the staff determines, is fair and reasonable to the OWNER. Should OWNER be unable to negotiate a satisfactory contract with the selected firm, negotiations with that firm will be formally suspended. Negotiations will then be undertaken with the next most qualified firm. Failing to reach an accord with the second most qualified firm, the OWNER will suspend negotiations with that firm and continue the negotiation process with the next most qualified firm until an agreement is reached. 0 0 EXHIBIT A SAMPLE PERSONAL SERVICES AGREEMENT A sample copy of the OWNER's personal services agreement is attached. Include in your proposal any proposed modifications to the standard terms and conditions. If there are no exceptions, a statement to that effect shall be included in the proposal. While the OWNER negotiates such changes with CONSULTANT, the OWNER will consider your proposed modifications during CONSULTANT selection and retains the right to reject any portion of your proposed modifications. Note that particular attention should be paid to section 9 the requirements of electronic verification of the Citizenship status of employees, and section 14 regarding insurance. 0 0 0 :*A:11:3kd:3 RESTORATION AREA MAPS AND PLANT PALETTES Attached hereto by reference are the following documents: • 760 Reservoir Project — Reservoir Habitat Restoration Plan, Site details for sites 1 — 13; dated November 2004. • Reservoir Canyon Habitat Mitigation and Monitoring Plan for the 760 Zone SC — 04 Reservoir Project — Pursuant to the Condition Concurrence with the Special 4(d) rule interim Habitat loss mitigation plan (IHLMP) for the project (FWS/CDFG-OR_1602.3), CDFG 1066-2004-0440-R5, ACOE No. 200400717-CLM, RWQCB File No. 04C-010), Prepared by J. Froke PhD., dated February 21, 2007. 10 0 0 EXHIBIT C JURISDICTIONAL APPROVALS Attached hereto by reference are the following documents: • U.S Fish and Wildlife Service and CA Dept of Fish and Game — Conditional Concurrence with the Special 4(d) Rule Interim Habitat Loss Mitigation Plan (HLMP) for the 760S Zone SC -04 Reservoir Project, City of San Juan Capistrano, Orange County, California; dated May 21, 2004. • Department of Fish and Game Streambed Alteration Agreement #1600- 204-0040-R5; dated Jun 14, 2004. • Department of the Army (aka ACOE) Certification of Compliance with Nationwide Permit, No. 200400717-CLM; dated April 4, 2004. • CA-RWQCB, San Diego Region Waiver of Waste Discharge Requirements, signed April 4, 2004. 11 Ll PROJECT INFORMATION 0 Date: Tuesday, October 21, 2008 Project: SIC 760 - Reservoir Canyon Habitat Restoration Plan Attn: Eric Bauman, City of San Juan Capistrano cc: Shawna Schaffner, CAA Planning Subject: Year -3 Maintenance Instructions YEAR -3 The following information outlines is a supplemental maintenance plan for the 760 project's 3rd maintenance and monitoring year ('MAY -3'), which is the 2009 Calendar Year. This document has been prepared to support the City's selection and contracting of the MAY -3 maintenance contractor for the Reservoir Canyon HRP project. This supplemental plan also will guide the contractor's onsite activities including, e.g., reduction and removal of nonnative weed stands, and communication with the project ecologist/monitor. Herein, all maintenance objectives and activities are intended to complement the Reservoir Canyon Habitat Restoration Plan that was approved in 2004 and first implemented in 2006. GOAL & OUTCOME The goal of the RCHRP is a natives -derived vegetation platform and specialized wildlife habitat over the +/- 16 -acre restoration area. That is to say, a landscape that consists predominantly of CSS created to benefit a pre -established and growing resident population of California Gnatcatchers. Additionally, there is a distinct portion of the overall mitigation project - featured in three distinct areas - that is dedicated to riparian and wetland habitat features. The principal outcome of the management project will include effective site maintenance over a five -plus (5+) year period, in compliance with the City's ESA 4(d) permit that was issued in 2004 by the US Fish & Wildlife Service in concert with CA Department of Fish & Game. In view of the Corps of Engineers and Regional Board's interests, and effective 2007-2008, added management expectations of the 760 project will mitigate for the City's specific other offsite projects. MITIGATION TIMELINE Whereas, the original mitigation program was to last 5 years, or more as may be necessary, there were specific installation and maintenance failures that took place during the start-up year which resulted in the necessary addition of one year (a sixth year) to the project schedule. Elsewhere, including the project Timeline, the added year is referred to as MAY -5 revised. The offsite mitigation projects, which occupy two separate locations (restoration sites) within the 760 environment, currently are and may be in the future maintained by as many as two separate maintenance companies. `IIS(ded, mu[..-."', ,Crrrn...I F,,, M, `C'a..un.a.. h, SIC/760 RCHRP . page 1/4 0 0 U lf1WHIA OBJECTIVES (1) Weed Control A primary project objective and maintenance task is to identify and remove essentially* all nonnative plants and vegetation from the restoration area. (*) While it is neither necessary nor realistic to remove gam, nonnatives from the site, i.e., including those that are both small and `ecologically innocuous,' (see below), management's highest priorities include removal of the following important `target' species, plus others that may be brought to light as M -0Y-3 year proceeds. Non -target Weed Species (3 examples, only): �= Annual Bluegrass Poo annua >> * Filaree Erodium botrys) [LR] Scarlet Pimpernel Anagallis arvensis) [UL] The restoration area should be maintained free of the following nonnative plant species: Black Mustard Wild Artichoke Fennel Poison Hemlock Tree Tobacco Castor Bean Peruvian Pepper Tree California Pepper Tree Mediterranean Tamarisk Brassica nigra Cynara cardunculus Foeniculum vulgare Conium maculatum Nicotiona glauca Ricinus communis Schinus molle Schinus terebinthifolius Tamarix ramosissima 'If V,1(4, ,—, .S',r„av fa, Me W eiium....6ar,uuruz,(q S3C/760 RCHRP . page 2/4 0 0 Clearance of target weeds should take place on a bi-monthly (2x per month) basis, but with special effort during pre -flowering and flowering periods. Weeds must be removed in entirety before flowering begins, and on an individual species basis. All reduced (cut and pulled) plant materials shall be removed from the habitat area and disposed off-site. Disposal should occur no less often than monthly, and weekly when flowers or seeds are attached to the reduced vegetation. Ninety-five (95) percent of the following species, and more as may be added, must be removed from the restoration area: No more than five (5) percent of these nonnative weeds, measured on a total area basis, will be allowed to remain onsite, and specific allocations of the total 5 percent must be confirmed with the ecologist/monitor. Reduction and removals will be monitored and assessed on a monthly basis. Nightshades Solanum americanum and elaeaanifolium Note: two native nightshades, Solanum xantii and dou lg asii, occur onsite and should not be confused with the more common target weeds. Contractor training and verification will be provided by the ecologist on an as -needed basis. Jimson Weed Datura stramonium Note: a native plant, False Jimson Weed, Datura wrightii, may be present onsite and should not be confused with the target weed. Contractor's training and verification as above. Grasses Maintain the existing, but presently grown -over truck trail by mowing and cutting. The road extends from Site 7 through Site 6, to match with the existing side canyon trail. Prior to clearance, the centerline of the trail will be marked by the ecologist. The mowed access road is approximately 15 -ft wide and 900 ft (0.17 miles) in length. A second mowing may be required during the contract year. Critical timing will be coordinated with the ecologist to avoid harm to nesting bird and mammals. (3) Irrigation The maintenance contractor shall be responsible for all facets of site irrigation. As a reduction from previous years, irrigation in 2009 will be limited to the entirety of Site 8 (Riparian Basin); and may occasionally be applied to the adjacent Site 7 -- in a fashion that any runoff (intentional or accidental) will flow down the constructed `streambed' to the lower wetland site (portions of sites 9 and 4). 114ld(,h d- .....L...,p, ,C,u-...../,, tkr ('161....... e,onnmal1ry SJC/760 RCHRP . page 3/4 Perennial Ryegross Lolium perenne Fountain Grasses Pennisetum spp * Slender Oat Aveno barbata Chess Bromus tectorum Rattail Fescue Vulpia myuros Ripgut Bromus diandrus Pampas Grass Cortaderia jubato 4 Giant Reed Arundo donax (2) Maintain Truck Road Maintain the existing, but presently grown -over truck trail by mowing and cutting. The road extends from Site 7 through Site 6, to match with the existing side canyon trail. Prior to clearance, the centerline of the trail will be marked by the ecologist. The mowed access road is approximately 15 -ft wide and 900 ft (0.17 miles) in length. A second mowing may be required during the contract year. Critical timing will be coordinated with the ecologist to avoid harm to nesting bird and mammals. (3) Irrigation The maintenance contractor shall be responsible for all facets of site irrigation. As a reduction from previous years, irrigation in 2009 will be limited to the entirety of Site 8 (Riparian Basin); and may occasionally be applied to the adjacent Site 7 -- in a fashion that any runoff (intentional or accidental) will flow down the constructed `streambed' to the lower wetland site (portions of sites 9 and 4). 114ld(,h d- .....L...,p, ,C,u-...../,, tkr ('161....... e,onnmal1ry SJC/760 RCHRP . page 3/4 0 0 CflLlfflUnh (4) Nominal Tasks There are, from time to time, a small number of unplanned and nominal site amendments for which the ecologist requires the support of a small labor crew. This group of tasks should be expected to reach a maximum of 16 person -hours throughout the contract year. (5) Replacement of Dead Plants The maintenance contractor shall replace plants that have died during the contract period. The ecologist will identify and quantify the losses on a bi-monthly basis, and the contractor will replace either in-kind or with a different species selected by the ecologist. For planning purposes, estimate that 100 plants may need to be replaced (with 1 and 5 gallon pots). (6) Field Meetings The maintenance contractor and the project ecologist shall meet onsite on a monthly basis to review present site conditions and maintenance effectiveness. These meetings will last for approximately one (1) hours, and additional parties Ce.g., City of San Juan Capistrano) may attend, also. (7) Brush Reduction @ Site 9 One time per year, during May -June, it will be necessary to mow or cutback all shrubs (greater than 24 in.), including natives and narratives, from the City/760 property line at Calle Delgado. Specifically, for health and safety reasons, the limit of brush reduction is +/- 40 ft from the three C3) residential properties on the south side of Delgado. Note that the single neighbor on the north side of the street is separated by its six-foot block wall, negating the health and safety purposes, i.e., firesafe clearance and protection. The total area of shrubs and rough cover that is to be cutback annually measures approximately 6,000 sgft (50 x 120 ft). Shrubs presently are 3-5 ft in height. The principal method for cutting back shrubs will be by hand (saws and loppers) and using powered weed -cutters. All cut materials will be chipped and left in place. II SFAL(c Fr LCo..d...,op,, Y ..... e jo, Me `PaGf<,vuo`6an.u.<u.dy SJC/760 RCHRP : page 4/4 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL We E. Stewart & Associates, Inc Attn: Edwin W. Stewart, CEO 1000 Calle Negocio San Clemente, CA 92673 DATE: June 22, 2009 �MpA j umerurtn • DMRIS111 1961 1776 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Habitat Restoration Maintenance 760S Reservoir Project Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 9. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. An original agreement is enclosed for your records. Cc: Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Past to Enhance the Future I3 Pnnted on 100%recycled paper CONTRACT TRANSMITTAL CIP No. (if any): 791 (Check All That Apply) ❑ City Attorney ® City Manager ® City Clerk N Project Manager's Last Name: Bauman Phone Extension: 4312 Council or CRA Meeting Date (if applicable): 6-16-09 APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair ® City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi E. Stewart & Associates OTHER INSTRUCTIONS: Form Date: 01-2004 D-7 0 AGENDA REPORT TO: Dave Adams, City Manage��Cv FROM: Joe Tait, Acting Utility Director 0 6/16/2009 D10 SUBJECT: Consideration of a Personal Services Agreement for Third -Year Habitat Restoration Maintenance Services for the 760 S Reservoir Project (E. Stewart & Associates, Inc.) (CIP# 791) By motion approve a Personal Services Agreement in the amount of $61,900 (Sixty One Thousand, Nine Hundred Dollars) with E. Stewart & Associates, Inc. for Third -Year Habitat Restoration Maintenance Services for the 760 S Reservoir Project. SITUATION: The 760 S Reservoir Project. includes the construction of an initial four million gallon (MG) water reservoir and a future four MG water reservoir to serve existing and future developments in the southern portion of the City. The project site is located in the City's South Open Space, at the head of Reservoir Canyon (Attachment 2). In July 2006, the City completed construction of the initial four MG reservoir. Construction of the project resulted in impacts to almost nine acres of existing native habitat. Because of these impacts, the resource agencies have required the City to restore almost 17 acres of native habitat. As part of the restoration effort, the City is required to maintain the native habitat areas for a minimum period of five years to ensure compliance with the resource agencies success criteria. Maintenance activities include weed abatement, irrigation, erosion control, as well as plant protection and/or limited plant replacement. The contract for the second year maintenance with Natures Image would have expired in September of 2008, however, modifications in the required work and cost reductions negotiated with Natures Image allowed the maintenance work to extend to April of 2009. In April 2009, staff solicited Request for Proposals (RFP) for habitat maintenance services and selected E. Stewart & Associates, Inc. (ESA) as the best qualified and lowest cost consultant to perform the required maintenance services. ESA has been directed to perform necessary maintenance work for May 2009 as it had the lowest monthly cost for maintenance work. Agenda Report • • Pape 2 June 16, 2009 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The proposals for the work were as follows: E. Stewart and Associates, Inc. $61,900 Habitat Restoration Sciences Inc. $74,217 Habitat West - Native Habitat Restoration $67,897 Natures Image $90,600 ESA had the lowest cost proposal, and since ESA performed the initial habitat installation work has proven itself capable of such work to the satisfaction of the Supervising Biologist, Jeffrey Froke, Ph. D. There are sufficient funds in the budget to cover these costs. NOTIFICATION: E. Stewart and Associates, Inc. Habitat Restoration Sciences Inc. Habitat West - Native Habitat Restoration Natures Image RECOMMENDATION: By motion approve a Personal Services Agreement in the amount of $61,900 (Sixty One Thousand, Nine Hundred Dollars) with E. Stewart & Associates, Inc. for Third -Year Habitat Restoration Maintenance Services for the 760 S Reservoir Project. Respectfully submitted, 06eait, Acting Utilities Director Prepared l/ Eric P. Bauman, Utilities Engineer Attachments: 1. Personal Services Agreement 2. Location Map PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _ day of , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and E. Stewart & Associates, Inc., (hereinafter referred to as the "Consultant"). RECITALS: V� WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide the 760S Reservoir Project — Habitat Restoration Maintenance Services — Year No. 3; 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 Consultant shall consist of those tasks as set forth in Exhibit 'A" described as the Consultants Proposal of April 28, 2009 and Detailed breakdown of costs of May 6, 2009; and Exhibit "B", described as Addendum 1 to the City's request for proposals of March 23, dated April 22, 2009, and Attachment "C," described as the City's request for proposals of March 23, 2009, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibits "A", "B", and "C" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than July 1, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $61,900 (Sixty One Thousand, Nine Hundred Dollars) as the total contract amount per year; including expenses per Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT 0 0 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 Subcontractina 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) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 9 0 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at htti)s://www.vis-dhs.com/emploverreclistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. 3 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 shVIl be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. 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 12 0 0 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. 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. 14.5 Errors and Omissions Coverage Not required. 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. b1 9 0 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 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: Eric Bauman, Utilities Engineer To Consultant: E. Stewart & Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attn: Edwin W. Stewart, CEO. 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"). 0 0 0 Section 19. Entire Acreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: City Clerk APPROVED AS TO FORM: P 4rhy CITY OF SAN JUAN CAPISTRANO M Dave Adams, City Manager CONSULTANT [:3 i PHONE(949)498-9250 FAX(949)498-4961 April 28, 2009 Mr. Eric Bauman, Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 is 1000 CALLE NEGOCIO SAN CLEMENTE, CA 92673 RE: Proposal for — City of San Juan Capistrano: 760S Reservoir Project Habitat Restoration Maintenance Services — Year No. 3 Dear Mr. Bauman, E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for the 760S Reservoir Project — Habitat Restoration Maintenance Services. This proposal has been prepared in response to the City's Request for Proposal (RFP) dated March 23, 2009, and is organized to conform to the City's proposal requirements. With our twenty year history with the City of San Juan Capistrano, and having complete knowledge as the original installation and first six month's maintenance contractor for the site, E. Stewart and Associates, Inc. is uniquely qualified to provide the continuous service and standard of work the City has come to expect. We are always on standby, should the City require emergency or additional work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City. All prices on the following page reflect the additional items mentioned in Addendum #1, and the seasonal shift in maintenance services. E. Stewart & Associates, Inc. will follow the proposed scope, of work and schedule, as set forth in this proposal. We will work closely with the Utilities Department and apply every resource to complete each task we perform successfully. Our proximity to the site (our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano) as well as our ability to work closely with Jeffrey Froke, PHD, enables our response to the various needs of the City to be rapid and efficient. This proposal shall be considered valid for a period of 90 days. The following individuals are authorized to bind the company: Edwin W. Stewart, Chief Executive Officer Denise Stewart, Corporate Secretary E. Stewart & Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949)498-9250 Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal. Sincerely, 4win �r .d!/ l//..G�a�r -sof/ 1 W. Stewart Chief Executive Officer, E. Stewart & Associates, Inc. EXHIBIT "A" 0 0 I LL V' W i R hi I I I V it � � � � �! `� Yl • 1 i y i 0 r _ a \1 - I — 1 III O � O l^ 0� ! �i� •l i N I � 'I I i N � ', i W •J �it! 7 Zi~--. �. ? ai�i It Z', w�ol fA ��C y' � 7 a;. it ¢I o: mi Ti r m i, CD co Im: 0 Ll E E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 (949) 498-9250 FAX (949) 498-4961 May 6, 2009 Mr. Eric Bauman, Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: 760 S Reservoir Project Habitat Restoration Maintenance Services — Year No. 3 Dear Mr. Bauman, This letter is to verify our acceptance of and agreement to all terms of the Request For Proposal for the 760 S Reservoir Project Habitat Restoration Maintenances Services — Year No. 3, and to acknowledge our receipt of Addendum No. 1. Attached, please find the fee schedule (May 2009 to April 2010) and totals for both the maintenance services and Addendum No. 1. Please call, should you require further information. Sincerely, Ed Stewart . J U O 0 W z W J Q U O O O r W 4 00 N � V� W z L WL 2 o W N J N U" co 'a (ncm a 01 7 l� W_ O a O W H W w v/ n 0 11 E 00008 S 0000 d U �000L; n n n 0 z v v m 0 F N � N N Vl Np Np Np Np N O O O O S 8 p N G 8C N 8 O N Vf M Vl V1 VI N a �n N N N S 8 8 8 S a v LL O � M Vf Vf ry a m a v LL N p c N N b N M la O O N N 88 5 8 8 8 6 C3 8 8 N N b N 8 8 0 ci M 14 S S 8 S 8 m p vl O O O Vt p ry N 1!f O �O N 1!1 N N 7 fi N 2 8 0 8 8 8 8 8 8 8 8 8 p N O b N � M 1!1 N � _ 8 8 8 8 8 a 8 8 0 0 8 N M M M n N Y M N N 8 8 8 8 8 N G O O O m O q �n o o b 1 o o N N ti O V J n O a N m N 8 a N v � 8 8 R8 S N y8 VI O < ry ti N � N N rl M o LL � m N C S 8 8 8 $ O v r8 0 o e p m in in m C_ b � 1 0 m 8 8 8 8 8 e Q d O N N T fl 'i VI v t v E u cv o o v v E « m o ` H o VI m N W a U m V fL V1 o 6 F N v O � N M O of N m a Z 11 E Soo S g U n n 3 z v v ami N N Vl Vl Y� O N N N N a v LL O N c N O N a O 8 8 0 ci M 14 ry 'I VNI O 2 8 0 Li0 $ p O m N b N vi N M 1!1 N G n $ O N M n N N Cq G 8 ry m d! Q 9 m o o b b b b V pm n O N m N a N 4L � O b b $ p n o m N C m V O vl 7 m b � N 0 m 0 m T Q O v t v E u o o v H o VI m N W a U m V fL V1 o 6 F N O � N M O of b N CO • • Page l of 2 From: Eric Bauman Sent: Wednesday, April 22, 2009 2:55 PM To: 'JB Froke; Corbett Jim Qim@habitatwest.com); Ed Stewart (ed@estewartandassociates.com); Gallagher Cory (cgallagher@naturesimage.net); Girard Mark (mgirard@hrs.dudek.com); jason@ocsandbagger.com; MCGee Jenny (JMcGee@chambersgroupinc.com); Vandenecker, Darlene Subject: FW: Additional work items @ 760S site; ADDENDUM No 1 Importance: High Attachments: Site 13 Re -seed 21JA09.pdf; Season Shift 31MR09.pdf All: This is ADDENDUM No. 1 to the 760S Reservoir Project — HABITAT RESTORATION MAINTENANCE SERVICES — Year No. 3. Include specific mention of it in you proposal. Please acknowledge receipt of this e-mail upon receipt. Per the site walk today San Juan is adding the following items of work. Please include each item as a separate line item of work in your proposal. All work described is to be performed per the descriptions and requirements of the original request for proposals 1) Provide 4 cubic yards of earth -colored stones (that is their color matches that of the local ground) with 1/3 ranging in size from 6" — 8"; another 1/3 ranging in size from 8" — 10"; and another 1/3 ranging in size from 10" — 12". Manually place these stones as directed by the Consulting Biologist. Stones can be composed of the following: river granite, limestone, or sandstone. 2) At the illegally carved bike trail post and maintain 2 signs (2' x 3') saying "Habitat Restoration Area — Please Keep Off'; one on adjacent to the access road, the other where the illegal trail meets other legitimate trails. The illegal trail is approximately 250 feet long and 4 feet wide. For the segment adjacent to the habitat restoration area (Area 2) provide ground scarification, and mulch with hydro seed mix, of a composition specifically prescribed by the Consulting Biologist and at a time as deemed beneficial by the Consulting Biologist. For the purpose of proposal, use the mix specified, and the description of preparation provided in the site 13 Re -seeding description of work (attached.) 3) Excavate two irregularly shaped shallow pool areas under the direction of the Consulting Biologist. The approximate area of one will be 400 square feet within Area 8; the other will have an area of 300 square feet within Area 11. Both will be 3 foot deep throughout. Only small excavation equipment such as a Bob -Cat will be allowed. The soil will be placed nearby, less than 300 feet away, in an area specified by the Consulting Biologist. 4) The maintenance Contractor must coordinate its schedule with that of the Consulting Biologist to allow the Consulting Biologist to observe and evaluate the means and methods of the Maintenance Contractors crew at least one day per month. 5) Create a 10 foot buffer around exterior perimeter of sites 1 through 13 for removal of Mustard only. The technique will require that the mustard be cut and EXHIBIT "B" file://W:\ENG\CPTL\Reservoirs\760S\rfp\7605_Yr3_Maint\ADD1\FW Additional work it... 4/29/2009 • • Page 2 of 2 laid down at the site to form mulch, rather than removed in this buffer zone. 6) Re -seed site 13 per the attached instructions titled "S J Capo 760 Project / Reseeding Specs." 7) Adjust your cost proposal on a monthly basis to account for the seasonal shit in labor focus required per the attached memorandum from the Consulting Biologist defining seasonal shifts in labor focus. 8) The proposal due date has been changed from April 21, 2009; to April 28, 2009 to accommodate the additional work. The contract signature date will also increase to May 12, 2009. Eric Bauman file://W:\ENG\CPTL\Reservoirs\7605\rfp\760S_Yr3_Maint\ADDITW Additional work it... 4/29/2009 0 0 Mlfinunn PROJECT INFORMATION Date: Tuesday, 31 March 2009 Project: SIC 760 - Reservoir Canyon Habitat Restoration Plan Attn: Eric Bauman, City of San Juan Capistrano cc: Shawna Schaffner, CAA Planning Subject: Seasonal Shifts in Maintenance Work Much of the following tasks and information was clipped from the "Year -3 Maintenance Instructions" that was submitted on 21 October 2008 (attached). GOAL & OUTCOME The goal of the RCHRP is a natives -derived vegetation platform and specialized wildlife habitat over the +/- 16 -acre restoration area. That is to say, a landscape that consists predominantly of CSS created to benefit a pre -established and growing resident population of California Gnatcatchers. Additionally, there is a distinct portion of the overall mitigation project - featured in three distinct areas - that is dedicated to riparian and wetland habitat features. The principal outcome of the management project will include effective site maintenance over a five -plus (5+) year period, in compliance with the City's ESA 4(d) permit that was issued in 2004 by the US Fish & Wildlife Service in concert with CA Department of Fish & Game. In view of the Corps of Engineers and Regional Board's interests, and effective 2007-2008, added management expectations of the 760 project will mitigate for the City's specific other offsite projects. Seasonal Maintenance Priorities DECEMBER - MARCH: (A) Weed Control A chief objective and maintenance task is to identify and remove essentially all plants and stands of nonnative plants and vegetation from the restoration area. However, while it is neither necessary nor realistic to remove gll nonnatives from the site, i.e., including those that are both small and 'ecologically innocuous,' (see below), management's highest priorities include removal of the following important 'target' species, plus others that may be brought to light as MMY-3 year proceeds. These should start to appear during the December -March period. Across the board, any number of weeds species will be flowering and setting seeds throughout the year, particularly during the period of March -October. Specifically, the restoration area should be maintained free of the following nonnative plant species: 'll i'&(PlCe'k S[P "l o,we .4nanet(brl6a m..lel— ..m,utp SJC/760 RCHRP . page 1/3 0 • Black Mustard • Wild Artichoke Spiny Cocklebur Fennel Poison Hemlock Castor Bean * Peruvian Pepper Tree * California Pepper Tree > Mediterranean Tamarisk Brassica nigra Cynara cardunculus Xanthium spinosum Foeniculum vulgare Conium maculatum Ricinus communis Schinus molle Schinus terebinthifolius Tamarix ramosissima n u Among the most troublesome grasses, the following should be removed from the site, with cutting and pulling to finish no later than when green seed heads appear. Perennial Ryegrass Fountain Grasses Slender Oat * Chess Rattail Fescue Ripgut Pampas Grass I Giant Reed Lolium perenne Pennisetum spp Aveno barbata Bromus tectorum Vulpia myuros Bromus diandrus Cortaderia jubato Arundo donax Clearance of target weeds, including grasses, shall take place bimonthly (2x per month), with special effort during late pre -flowering and flowering periods (March - July). Weeds must be removed in entirety before seeds develop, which will be different for each species. All reduced (cut and pulled) plant materials shall be removed from the habitat area and disposed off-site. Disposal should occur no less often than monthly, and weekly when flowers or seeds are attached to the reduced vegetation. (B) Irrigation Normally the `rainy' season, contractors should be prepared during drier periods to irrigate Site 8 (entire site, but emphasizing upper most area in the side canyon. Goal: to create filtered flows from the site to the riparian thicket and basin at the lower end of the site sufficient keep the basin flooded with clear water throughout December -March. APRIL - SEPTEMBER: (A) Continue to prioritize weed destruction and removal. (B) Intermittently, when field time is available, shift efforts to making ground repairs and systems, such as gravel filters and filtered flumes for canyon runoff YPSGIF<!'rhCtnn.ls"pe .C, irnee la, 1R,r `C'.r&fn znia (....nand, 5JC/760 RCHRP , page 2/3 0 (ALIfnunn 0 (bottom of site 11) to flow `silt -free' into the site 8 section uphill of the pond. (C) By June of each year, mow down Site 9 in front of the neighboring houses on the south side of Calle Delgado. (D) After August, mow the truck trail that connects site 7 to the side road. Timing must be coordinated with the ecologist to avoid harming nesting birds. OCTOBER - NOVEMBER (A) Continue to prioritize weed destruction and removal. (B) Continue to ready/fix drainage outlets and the de -silting basin at the bottom of site 11 for possible fall -winter rains and runoff, especially above site 8. ** Special: Closely coordinated with the ecologist, replanting and seeding the lower section (100 ft +/-) of the new mountain bike trail that extends from the access road uphill through site 1. Prior to planting and seeding, the irrigation line will need to be re-routed up and along the planted section of the trail. Irrigation will be limited to November - April. ** Special: Cut back the exploding shrubs (e.g., Coyotebush) that are squeezing in on the access road, between sites 1 and 3. Cut back to at least 12 inches further than the edge of the pavement or dirt road sections. JBF 11W,16/'rryu•14e `fan+uuudlq S7C/760 RCHRR . page 3/3 0 0 C411fMA& JEFFREY B. FROKE, PH.D. 31 58 BIRD ROCK ROAD PEBBLE BEACH, CA 93953 TEL (83 1) 224-8595 FAX'. (e3 1) 649-3765 JBFROKE@MAC. COM Thursday, 22 January 2009 To: Ed Stewart Ed Stewart & Associates Re: SJCapo 760 Project / Reseeding Specs Here's my recommendation for site 13, over which the 2008 hydro -seeding failed early on. 1. Prepare the site by killing weeds and nonnative grasses (e.g., Perennial Wildrye, Loliun( perenue - while protecting onsite planted shrubs, which were successful from the start in early 2008. 2. Thoroughly rake (by hand and/or behind your JD Gator) to a depth of at least 3 in.; rake and remove killed/ dead plant materials. 3. Ensure ground moisture (wet) at 24-36 in. below ground level; 4. Seed (but not hydro -seed) per the following mix prescription: 5. Cover all seed with 1 inch of rice straw or sterile/non-germinating barley straw; 6. Finally, see me if seed/species are not available and replacement seeds will be necessary -- JBF WILDLIFE & LANDSCAPE SCIENCE FOR THE CALIFORNIA COMMUNITY CENTRAL & SOUTHERN CA I COASTAL & INLAND REGIONS 0 0 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS 760S Reservoir Project — HABITAT RESTORATION MAINTENANCE SERVICES — Year No. 3 SECTION 1: GENERAL Description: The City of San Juan Capistrano (City) is soliciting proposals for the maintenance of habitat restoration areas for the 760 S Reservoir Project. Location maps and a key map of the sites referenced in this RFP are best shown on Exhibit B, in the 2007 Mitigation plan pages 2, 4, & 7. Construction of the 760 S Reservoir Project resulted in temporary and permanent impacts to native habitat. These impacts required jurisdictional reviews and approvals from the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, and California Regional Water Quality Control Board. Collectively, these agencies are referred to as the resource agencies. As part of the approvals from the resource agencies, the City has been required to restore up to 17 acres of native habitat on the project site. The on-site restoration area is made up of a combination of Coastal Sage Scrub and Riparian habitats. The restoration area and proposed plant palettes are included in Exhibit B. The City has also been required to maintain and monitor the restoration area for a 5 -year period to ensure compliance with the jurisdictional approvals. The jurisdictional approvals from the resource agencies are included in Exhibit C; which the Maintenance contractor must comply with respect to the performance of the maintenance procedures described therein. Section II of this Request for Proposals outlines the scope of services required for this project. Section III outlines the Proposal requirements and Section IV provides pertinent additional information. The City Anticipates the following schedule of events: • Request for proposals sent out March 23, 2009 • On site tour with consulting biologist To be determined. • Proposals due April 21, 2009 • Contract Signature May 5, 2009 • On Site Maintenance Work May 2009 to April 2010 The site tour will meet at east end of Del Gado Street near its intersection of Calle Miramar in the City of San Juan Capistrano, CA 92675. Supporting information this request for proposals includes Exhibit B which contains the original Habitat Restoration plan for sites 1 — 13; and a modification 1 EXHIBIT "C" 0 0 implemented in 2007 titled Reservoir Canyon Habitat Mitigation and Monitoring Plan for the 760 Zone SC -04 Reservoir Project which changed the character of sites 4, 6, 7, & 9 to more of a riparian habitat. The overriding focus of this work is to maintain the sites as they currently exist free of invasive weeds, and suitably populated with native plans. Of particular focus in year 3 are the maintenance instruction included in Exhibit E. Qualifications: In order to be considered eligible to make a proposal on this maintenance work, the Firm must have specific experience with native habitat maintenance or establishment. The work involved requires training specific to the identification and the proper removal of invasive plants while preserving and enhancing the desired native plants. Firms proposing to perform this work must provide references and brief descriptions of at least two other sites of comparable size, condition, and habitat covering both Costal Sage, and Riparian habitats at which the firm's staff has worked. The work must be recent — with in the last 3 years. Proposals from firms not meeting these criteria will not be considered. Contact: If you are interested in this project please contact Eric Bauman, Utilities Engineer, City of San Juan Capistrano CA 92675, at 949.487.4312, or e- mail ebaumanna sanivancapistrano.org. SECTION 11: SCOPE OF WORK The Scope of Work for this project is as set forth below. As referenced herein, the OWNER shall mean the City of San Juan Capistrano; and CONSULTANT shall mean the Firm proposing to conduct the maintenance services. This contract shall entail a comprehensive process of work. CONSULTANT is expected to visit and review the restoration area to become familiar with its potential and limitations prior to submittal of a proposal. 1LV-12K The Scope of Work for this project consists of the following tasks: Task 1. Weed Abatement 1.1 Systematically kill and/or remove all wild artichoke, black mustard, fennel, and other targeted exotic species from the restoration areas to ensure compliance with the success criteria outlined in the jurisdictional approvals included in Exhibits B & C. Consultant shall work with the Owner's biological monitor to identify and prioritize the other targeted species. 2 0 0 1.2 Weed abatement methods shall include hand -pulling, hoeing and digging. Application of herbicides will be made in special non -routine circumstances, and will employ wick -application versus spraying. Prior to application, the proposed herbicides and application method shall be approved by the Owner's biological monitor. 1.3 Frequency of weed abatement will be geared to identify and remove weeds at an early developmental stage, before mature rosettes and hardened roots are established. When pulled, the entire plant and roots should be readily removed. Frequency will change in response to weather conditions and growth rate; but initially, Consultant shall monitor weed development and remove weeds on at least a bi-weekly basis. Consultant shall work with the Owner's biological monitor to establish frequency of weeding. 1.4 All weed material will be removed from the restoration area and disposed off-site. Task 2. Irrigation 2.1 An irrigation system has been installed to serve the restoration area. The irrigation system includes a pump, two backflow devices as well as irrigation lines and sprinkler heads. Consultant shall be responsible for operation, maintenance, and general repair of the system. Owner shall be responsible for all irrigation water costs. In this 3rd maintenance year, the amount of irrigation has been curtailed in most areas except Site 8 (Riparian Basin) and occasionally an indirect application to Sites 4, 7, & 9. See Exhibit E for details. 2.2 Consultant shall irrigate the restoration area so as to soak the soils to a depth sufficient to cause deep root development. An estimated average will be 24 inches. 2.3 Effective irrigation may require digging (shallow decompaction) of soils immediately surrounding certain plants to improve water absorption and percolation. 2.4 The frequency of irrigation cannot be accurately judged or predicted as it will need to be flexible in response to weather and soil moisture conditions over the maintenance period and to the welfare requirements of the plants. The riparian restoration area was intended to be irrigated for a maximum of 3 years. The remainder of the restoration areas are intended to by irrigated for the entire 5 -year period as required. Consultant shall work with the Owner's biological monitor to establish an effective irrigation schedule. 3 0 0 Task 3. General Maintenance 3.1 Consultant shall implement erosion control measures as required to ensure protection of plants during rain events. Should plants be damaged due to run-off, Consultant shall replace damaged plants. 3.2 Consultant shall provide protect plants from wildlife damage. Should plants be damaged due to wildlife, Consultant shall replace damaged plants. Task 4. Project Management 4.1 Consultant shall work with the Owner's biological monitor to establish and implement an effective maintenance regime to ensure compliance with the success criteria outlined in the jurisdictional approvals included in Exhibit C. 4.2 Consultant shall identify a project manager who shall be the point of contact for Owner. Project manager shall be available to meet regularly with the Owner and its biological monitor to discuss the progress of the maintenance activities as well as any issues that require resolution. SECTION III: PROPOSAL REQUIREMENTS Although no specific format is required by the OWNER this section is intended to provide guidelines to the CONSULTANT regarding features which OWNER will expect to be included in the proposal. At a minimum, the proposal shall contain the following information: 1. Content and Format Organize and present proposal in a neat and logical format, relevant to these services. CONSULTANT's proposal shall be clear, accurate, and comprehensive. The proposal is expected to be for complete maintenance services. The CONSULTANT is expected to be familiar with the level of effort required to provide the requested services. If a work item must be done, but was not specifically called for in the scope of work, make this clear in the proposal. The proposal shall use be a maximum of 30 pages, including the transmittal/offer letter, but excluding the fee proposal and resumes of key personnel. The proposal should include the following: a. Signed transmittal letter or statement of proposal/offer C! 0 0 b. Approach to the project, including a description of the scope of services, specific work tasks and activities, and concepts for conducting the work; c. Descriptions of similar projects by the Project Manager and key staff to be used on this assignment; d. Team organization including an organization chart or diagram; e. Brief resumes of key staff with descriptions of their specific experience and capabilities; f. Project schedule indicating the time frame for completing each task contained within the scope of work; and g. An analysis of the estimated hours that each member of the project team will contribute for the individual tasks in the scope of work, along with hourly rates, estimated direct costs, and a total fee for the project. 2. Transmittal LetterlStatement of Proposal/Offer The proposal shall be signed by an individual authorized to bind the CONSULTANT and shall contain a statement that the proposal is an offer for a 90 -day period. 3. Scope of Services A detailed description of the Scope of Work and the methodology for its completion shall be included in this section. The work plan should discuss any specific issues, constraints, or anticipated problems that should be anticipated during the project, and provide a suggested approach for their resolution. It should explain the work tasks associated with each element of the project, plus any other tasks that are needed for the sake of completeness or enhancement. 4. Qualifications and Experience Describe the qualifications and experience of the firm, key staff, and sub consultants that will perform the work. The CONSULTANT and sub consultants shall demonstrate competence to perform these services. Qualifications should be based on direct experience on recent projects that are similar in scope and size. Projects listed should be those that key staff named for this project was responsible for performing services. Include a brief description of these relevant projects and a client reference and telephone number who may be contacted by the OWNER. 5. Project Team The proposal shall include descriptions of the specific experience and capabilities of the designated Project Manager, Technical Advisors, and other support staff related to the previously outlined scope of work. Key personnel shall include the Project Manager, Technical Advisors, and other support staff. The Project 5 Manager assigned to the project shall not be reassigned without the prior written approval from the OWNER. Include the identity and qualifications of all sub consultants. 6. Schedule The chosen CONSULTANT shall furnish a project schedule that identifies, in graphical format, the timetable for completion of tasks, activities, and phases associated with the scope of work for the project. Include a brief discussion of any key assumptions used in preparing the timetable and identify any critical tasks and/or events that could impact the overall schedule, including review periods. 7. Fee The Lump Sum fee proposal shall be included in a separate sealed envelope and shall be in the matrix format shown as Exhibit D. The CONSULTANT may make modifications as required to the cost matrix; however, the fee proposal shall follow the general format shown therein. The CONSULTANT shall be responsible for the accuracy of the cost matrix and fee proposal. The CONSULTANT shall provide a cost and billing schedule of current hourly rates for each of the project team. The CONSULTANT shall break down the cost proposal into the individual tasks in the scope of work. Include the identity and estimated costs of all sub consultants, reproduction costs, and other direct costs. As a basis for contract negotiations, provide the total lump sum fee, including all labor, sub consultants, and direct expenses, separately for each element of the project, as well as for the entire project. The OWNER will not approve a cost extra unless it specifically requests additional work for effort clearly outside the scope of work for the project as defined in the RFP. The CONSULTANT must receive approval prior to commencement of work. Work performed prior to the OWNERS approval will not be deemed extra. 8. Payment The CONSULTANT shall submit invoices on the 15t of each month and will be paid once per month. Payment will be based upon the percentage of tasks completed and not on hours expended on the project. 9. Non -Collusion Statement The proposal shall include a statement of non -collusion or conflict of interest. SECTION IV: ADDITIONAL INFORMATION 0 This section contains additional information and requirements pertaining to the engineering services described in this request for proposal. 1. Schedule The CONSULTANT selected must be able to begin work immediately upon award of contract and must be able to maintain the level of effort required meeting the proposed schedule. 2. Disclaimer This request for proposals does not commit the OWNER to retain any CONSULTANT, to pay costs incurred in the preparation of proposals, or to proceed with the project. The OWNER reserves the right to extend the due date for the proposal, to reject any or all proposals, to negotiate with any qualified proposer, and to appoint more than one firm to provide services on given elements or portions of the project. 3. Withdrawal of Proposals Proposals may be withdrawn if written notification of withdrawal of the proposal is signed by an authorized representative of the firm and received at the designated OWNER'S office prior to the closing time for receipt of proposals. Proposals, including accompanying materials, will become the property of the OWNER. Proposals will be held in confidence to the extent permitted by law. After award of a contract or after rejection of all proposals, the proposals will be public records subject to disclosure under the California Public Records Act. (Government Code Section 6250 et seq). The OWNER reserves the right to request additional information from proposers prior to the final selection, and to consider information about a firm other than that submitted in the proposal or interview. 4. Site Inspection CONSULTANT is urged to make site visits and examinations so as to become thoroughly familiar with the conditions affecting their evaluation process. Failure to make such additional investigations will not be the grounds for additional claims or for extension of time under the contract, and will not relieve the CONSULTANT of responsibility for meeting all requirements of the request for proposal. 5. Insurance Requirements rl 0 0 The CONSULTANT is directed to review the insurance requirements as delineated in the City's Personal Services Contract Exhibit A, Section 14. 6. Consultant Evaluation & Selection Process The OWNER may select for contract negotiations the firm that, +n the OWNER's judgment, will best meet the OWNER's needs, irrespective of the comparison of fees and costs estimated by the proposers. The OWNER's CONSULTANT evaluation and selection process is based on the following criteria. a. Understanding of the project requirements, including identification of critical elements and key issues. b. Technical approach and work plan for the project, including innovative approaches. c. Qualifications and experience of the Project Manager, and other key individuals, and sub consultants. The OWNER reserves the right to request a change of Project Manager, or any member of the team, should it deem it necessary. The CONSULTANT shall honor this request. d. Results of reference checks. Reference checks will only be conducted for a short list of firms or the top rated firm. e. Clarity of the proposal: f. Compliance with proposal requirements. g. Level of effort in hours required completing the work, fees, and schedules. The OWNER may elect to interview a short list of qualified firms or to interview only the top rated firm based on the proposals submitted for the project. The OWNER will negotiate a contract with the best -qualified firm for the desired consulting services at compensation, which the staff determines, is fair and reasonable to the OWNER. Should OWNER be unable to negotiate a satisfactory contract with the selected firm, negotiations with that firm will be formally suspended. Negotiations will then be undertaken with the next most qualified firm. Failing to reach an accord with the second most qualified firm, the OWNER will suspend negotiations with that firm and continue the negotiation process with the next most qualified firm until an agreement is reached. 0 0 EXHIBIT A SAMPLE PERSONAL SERVICES AGREEMENT A sample copy of the OWNER's personal services agreement is attached. Include in your proposal any proposed modifications to the stapdard terms and conditions. If there are no exceptions, a statement to that effect shall be included in the proposal. While the OWNER negotiates such changes with CONSULTANT, the OWNER will consider your proposed modifications during CONSULTANT selection and retains the right to reject any portion of your proposed modifications. Note that particular attention should be paid to section 9 the requirements of electronic verification of the Citizenship status of employees, and section 14 regarding insurance. 9 0 0 EXHIBIT B RESTORATION AREA MAPS AND PLANT PALETTES Attached hereto by reference are the following documents: • 760 Reservoir Project — Reservoir Habitat Restoration Rlan, Site details for sites 1 — 13: dated November 2004. • Reservoir Canyon Habitat Mitigation and Monitoring Plan for the 760 Zone SC — 04 Reservoir Project — Pursuant to the Condition Concurrence with the Special 4(d) rule interim Habitat loss mitigation plan (IHLMP) for the project (FWS/CDFG-OR_1602.3), CDFG 1066-2004-0440-R5, ACOE No. 200400717-CLM, RWQCB File No. 04C-010), Prepared by J. Froke PhD., dated February 21, 2007. 10 0 EXHIBIT C JURISDICTIONAL APPROVALS 0 Attached hereto by reference are the following documents: • U.S Fish and Wildlife Service and CA Dept of Fish and Game — Conditional Concurrence with the Special 4(d) Rule Interim Habitat Loss Mitigation Plan (HLMP) for the 760S Zone SC -04 Reservoir Project, City of San Juan Capistrano, Orange County, California; dated May 21, 2004. • Department of Fish and Game Streambed Alteration Agreement #1600- 204-0040-R5; dated Jun 14, 2004. • Department of the Army (aka ACOE) Certification of Compliance with Nationwide Permit, No. 200400717-CLM; dated April 4, 2004. • CA-RWQCB, San Diego Region Waiver of Waste Discharge Requirements, signed April 4, 2004. 11 0 0 Cflllfflllllfl PROJECT INFORMATION Date: Tuesday, October 21, 2008 Project: SJC 760 - Reservoir Canyon Habitat Restoration Plan Attn: Eric Bauman, City of San Juan Capistrano cc: Shawna Schaffner, CAA Planning Subject: Year -3 Maintenance Instructions YEAR -3 The following information outlines is a supplemental maintenance plan for the 760 project's 3rd maintenance and monitoring year ('MdY-3'), which is the 2009 Calendar Year. This document has been prepared to support the City's selection and contracting of the MdY-3 maintenance contractor for the Reservoir Canyon HRP project. This supplemental plan also will guide the contractor's onsite activities including, e.g., reduction and removal of nonnative weed stands, and communication with the project ecologist/monitor. Herein, all maintenance objectives and activities are intended to complement the Reservoir Canyon Habitat Restoration Plan that was approved in 2004 and first implemented in 2006. GOAL & OUTCOME The goal of the RCHRP is a natives -derived vegetation platform and specialized wildlife habitat over the +/- 16 -acre restoration area. That is to say, a landscape that consists predominantly of CSS created to benefit a pre -established and growing resident population of California Gnatcatchers. Additionally, there is a distinct portion of the overall mitigation project - featured in three distinct areas - that is dedicated to riparian and wetland habitat features. The principal outcome of the management project will include effective site maintenance over a five -plus (5+) year period, in compliance with the City's ESA 4(d) permit that was issued in 2004 by the US Fish & Wildlife Service in concert with CA Department of Fish & Game. In view of the Corps of Engineers and Regional Board's interests, and effective 2007-2008, added management expectations of the 760 project will mitigate for the City's specific other offsite projects. MITIGATION TIMELINE Whereas, the original mitigation program was to last S years, or more as may be necessary, there were specific installation and maintenance failures that took place during the start-up year which resulted in the necessary addition of one year (a sixth year) to the project schedule. Elsewhere, including the project Timeline, the added year is referred to as MNY-5 rev"ed The offsite mitigation projects, which occupy two separate locations (restoration sites) within the 760 environment, currently are and may be in the future maintained by as many as two separate maintenance companies. 'IPr(d 66 , X_"' t6�e........ ,, SJC/760 RCHRP . page 1/4 0 CflLifnunn OBJECTIVES (1) Weed Control 0 A primary project objective and maintenance task is to identify and remove essentially* all nonnative plants and vegetation from the restoration area. (*) While it is neither necessary nor realistic to remove all nonnatiAs from the site, i.e., including those that are both small and 'ecologically innocuous,' (see below), management's highest priorities include removal of the following important 'target' species, plus others that may be brought to light as M4Y-3 year proceeds. Non-targyt Weed Species (3 examples, only): Annual Bluegrass Poo annua >> * Filaree Erodium botrys) [LR] Scarlet Pimpernel Anagallis arvensis) [UL] a4 The restoration area should be maintained flee of the following nonnative plant species: Black Mustard Wild Artichoke * Fennel + Poison Hemlock Tree Tobacco «� Castor Bean Peruvian Pepper Tree California Pepper Tree * Mediterranean Tamarisk Brassica nigra Cynara cardunculus Foeniculum vulgare Conium maculatum Nicotiona glauca Ricinus communis Schinus molle Schinus terebinthifolius Tamarix ramosissima l(SPAR('Y'"„"1",16a `(4.F.+-{'+,nn.....m w«.«e, SJC/760 RCHRP . Page 2/4 0 (ftlfflUH 0 Clearance of target weeds should take place on a bi-monthly (2x per month) basis, but with special effort during pre -flowering and flowering periods. Weeds must be removed in entirety before flowering begins, and on an individual species basis. All reduced (cut and pulled) plant materials shall be removed from the habitat area and disposed off-site. Disposal should occur no less often than monthly, and weekly when flowers or seeds are attached to the reduced vegetation. ` Ninety-five (95) percent of the following species, and more as may be added, must be removed from the restoration area: No more than five (5) percent of these nonnative weeds, measured on a total area basis, will be allowed to remain onsite, and specific allocations of the total 5 percent must be confirmed with the ecologist/monitor. Reduction and removals will be monitored and assessed on a monthly basis. Nightshades Solanum americanum and elaeaanifolium Note: two native nightshades, Solanum xantii and douglosii, occur onsite and should not be confused with the more common target weeds. Contractor training and verification will be provided by the ecologist on an as -needed basis. * Jimson Weed Datura stramonium Note: a native plant, False Jimson Weed, Datura wriahtii, may be present onsite and should not be confused with the target weed. Contractor's training and verification as above. Grasses * Perennial Ryegrass * Fountain Grasses Slender Oat * Chess * Rattail Fescue * Ripgut > Pampas Grass Giant Reed C2) Maintain Truck Road Lolium perenne Pennisetum spp Avena barbato Bromus tectorum Vulpia myuros Bromus diandrus Cortaderia jubata Arundo donax Maintain the existing, but presently grown -over truck trail by mowing and cutting. The road extends from Site 7 through Site 6, to match with the existing side canyon trail. Prior to clearance, the centerline of the trail will be marked by the ecologist. The mowed access road is approximately 15 -ft wide and 900 ft (0.17 miles) in length. A second mowing may be required during the contract year. Critical timing will be coordinated with the ecologist to avoid harm to nesting bird and mammals. (3) Irrigation The maintenance contractor shall be responsible for all facets of site irrigation. As a reduction from previous years, irrigation in 2009 will be limited to the entirety of Site 8 (Riparian Basin); and may occasionally be applied to the adjacent Site 7 -- in a fashion that any runoff (intentional or accidental) will flow down the constructed 'streambed' to the lower wetland site (portions of sites 9 and 4). II SPAG(o 6 ,Y..r...e J"' 64' 'al'/'u,.....`('....iu<<...e.t SIC/760 RCHRP . page 3/4 9 0 UILifnunn (4) Nominal Tasks There are, from time to time, a small number of unplanned and nominal site amendments for which the ecologist requires the support of a small labor crew. This group of tasks should be expected to reach a maximum of 16 person -hours throughout the contract year. (5) Replacement of Dead Plants The maintenance contractor shall replace plants that have died during the contract period. The ecologist will identify and quantify the losses on a bi-monthly basis, and the contractor will replace either in-kind or with a different species selected by the ecologist. For planning purposes, estimate that 100 plants may need to be replaced (with 1 and 5 gallon pots). (6) Field Meetings The maintenance contractor and the project ecologist shall meet onsite on a monthly basis to review present site conditions and maintenance effectiveness. These meetings will last for approximately one (1) hours, and additional parties (e.g., City of San Juan Capistrano) may attend, also. (7) Brush Reduction @ Site 9 One time per year, during May -June, it will be necessary to mow or cutback all shrubs (greater than 24 in.), including natives and nonnatives, from the City/760 property line at Calle Delgado. Specifically, for health and safety reasons, the limit of brush reduction is +/- 40 ft from the three (3) residential properties on the south side of Delgado. Note that the single neighbor on the north side of the street is separated by its six-foot block wall, negating the health and safety purposes, i.e., firesafe clearance and protection. The total area of shrubs and rough cover that is to be cutback annually measures approximately 6,000 sqft (50 x 120 ft). Shrubs presently are 3-5 ft in height. The principal method for cutting back shrubs will be by hand (saws and Toppers) and using powered weed -cutters. All cut materials will be chipped and left in place. II'(d('je &'JL ..... />,npe'Y","', (ai M, T"6411..✓o `T SIC/760 RCHRP . page 4/4 P Np A THE CITY OF SAN JUAN CAPISTRANO i m, 0 3000 6000 9000 Feet ATTACHMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1083 PAX +MIV,Sar jaanrafrrstranaoig 0 NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMAU.EVATO LAMKFREESE THOMAS W. HROM MNOti- WEN DR LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 16, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of the Personal Services Agreement for the Third -Year Habitat Restoration Maintenance Services for the 760 S Reservoir Project (E. Stewart & Associates, Inc)(CIP# 791)" — Item No. 1310. 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, June 15, 2009 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, Utilities Engineer. 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.sanouancapistrano.org. 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: citvclerk(cilsanivancapistrano.org. Meg Monahan, MMC City Clerk cc: E. Stewart & Associates, Inc; Habitat Restoration Sciences Inc.; Habitat West - Native Habitat Restoration; Natures Image San .Joan Capistranv. Pr ev rving the Pew /0 Frrhanc e the Fumm,