09-0616_STEWART & ASSOCIATES_Personal Services Agreement First AmdFIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN JUAN CAPISTRANO ("City") and E. Stewart and Ass ciat s, Inc.
("Consultant") is made and entered into, to be effective the day of G 2669,
as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated June 16, 2669, for 760S Reservoir Project — Habitat Restoration
Maintenance Services — Year No. 3 services (the "Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to the amend Sections 1 and 3.1 of the Agreement as
follows:
Modify Section 1 to add the additional work described in Exhibit "A" as items 4 & 9b, described
as the biologist report for July, August, and September 2069. The other work items in Exhibit
"A" are included in the original contact.
Modify Section 3.1 to increase the compensation amount from $61,966, by $3,160 per the
Consultants proposal of October 12 2669, Exhibit "B", to $65,664.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
ATI
APP VED AS TO FORM:
BY: L_'i4 4,/�J 0"
Omar Sandoval, City Attorney
540028.1
CITY OF SAN JUANZAPISTRANO
By:
Joqtit, Act' g City Manager
CONSUL ANT:
E. Stewart and Associates, Inc.
PROJECT INFORMATION
Date: Wednesday, 16 September 2009
Project: SIC 760
Attn: Eric Bauman, City of San Juan Capistrano
Cc: Ed Stewart, ESA
Shawna Schaffner, CAA Planning
Subject: Summary of Observations for 11-12 July, 01 August & 12 September 2009
This three-month report combines and summarizes the principal site conditions, management
actions .and needed actions for the RCHRP area. Although the ongoing months were not
reported separately, monthly and twice -monthly site assessments and field consultations
between ES and JBF took place during the entire period.
maintenance An ongoing hdl. mbrk of protect' success; a least tis date ate f dor twca yei.ar. s
running, is t'h'e' relative absenee ofi nonnative: and invasive Wild Artichoke and Spiny
Cocklebur inside the entire RCHRP area.
Areas 1-3: The revegetation of the three topographically related sites are on -track, and
have but one systemic problem that is significant: The adjacent hillside mustards continue
to press against the periphery of the sites during the spring high-growth period. The
maintenance agreement for this year takes the matter into account, and ESA recently and
effectively has (mechanically) cut back the invasives @ 10-15 ft from the RCHRP border.
WILDLIFE & LANDSCAPE SCIENCE FOR THE CALIFORNIA COMMUNITY SJC/760 RCHRP: page 1/4
Area 8: The site, which includes the wetland basin and riparian thicket, is
progressing well regarding plant survival and natural recruitment. At present, the
principal emergents (rooted below water surface or in moist soil) that include cattail and
bulrush (also in the lower basin) are showing signs of stress from the dry conditions in
the basin per the multiyear drought 5lfce 2009 wail fe t e last year that the basin may'
be wetted _ to :be self sufficient der .tae 41', permit tee 'is only;: thisiut€rnn; left for
The objective of watering is to achieve and sustain open water in the basin at a depth of Z
inches above the clay bottom. According to our consultation in August, ESA had initiated
watering, then with sprinklers per agreement. However, several neighbors had observed the
overhead sprinkling and concluded that it was the result of a broken valve or negligence by
maintenance crews. 0n top of contacting SJC Water personnel, one individual -- who works
for a water district -- closed the gate valve serving the site. My September observation
was after that and the site was bone dry, In discussion, I notified the neighbor that the
irrigation (of site.8, only) was purposeful and intentional; and, he agreed to leave the
site irrigation to authorized personnel,
Area 9: The area is stressed by the drought and requires rainfall. Vegetation is in good
condition generally but with two exceptions (see below).
No Action Item (9a): Per maintenance standards, the area should be mowed and cleared to
maintain a distance of 30-40 ft between the main body of Area 4/9 and the neighborhood
boundary line.
110 Action I em 9b : There is one sycamore tree that was planted, as a 15 -gal container, in
2006 on the NW of the site. The tree, which deceased 2,:. ye.ars ago from the drought, ought:.
to :e replaced it December 2809, but 'Ath ;? California'Live Oaks, 10gallons each.
Area 10, 12: The revegetation of both sites is continuing successfully and needs no special
attention at the time.
WILDLIFE & LANDSCAPE SCIENCE FOR THE CALIFORNIA COMMUNITY SJC/760 RCHRP: page 3/4
E. Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949) 498-9250
FAX (949) 498-4961
October 12, 2009
Eric Bauman, Water Engineering Manager
City of San Juan Capistrano
32400 Adelanto
San. Juan Capistrano, CA 92675
Proposal for Baccharis Pilularis (Coyote Bush
Removal at 760 Mitivation Site
Scope of work; Remove 50% of Baccharis Pilularis from mitigation site and replant grass
seed in bare areas created by removal.
10 men with equipment 16 hrs. at $175.00 per hr. $2,800.00
F-450 dump truck 6 hrs. at $50.00 per hr. 300.00
Total: $3,1.00.00
Grass seed will be planted, at time of removal, seed will not be charged.
Please call should you have questions, or require further information.
Sincerely,
Ed Stewart
EXHIBIT "B"