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18-0611_E. STEWART & ASSOCIATES, INC._Maintenance Services Agreement CITY OF SAN JUAN CAPISTRANO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1 I th day of June, 2018, by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and E. Stewart and Associates, Inc., a California corporation with its principal place of business at 1000 Calle Negocio, San Clemente, CA. 92673 (Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Multi-use Trail Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Multi-use Trail Maintenance Services project ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Multi-use Trail Maintenance Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. MSA page 1 3.1.2 Term. The term of this Agreement shall be from June 11, 2018 to June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services for two, two-year terms. Each two-year term may be subject to an adjustment equal to the All Urban Consumer Price Index (CPI-U) two year average, October to October. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in, accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates Director of Public Works and Utilities, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Edwin W. Stewart, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and MSA page 2 attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Services while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. MSA page 3 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to MSA page 4 terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (GARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall MSA page 5 defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the MSA page 6 general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000.00 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). MSA page 7 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subro a tion. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. MSA page 8 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 [RESERVED] 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. MSA page 9 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed UNIT PRICES NOTED IN EXHIBIT "C" AND NOT TO EXCEED THE AGGREGATE AVAILABLE FUNDING AMOUNT IN THE OPERATING AND CAPITAL IMPROVEMENT BUDGET without written approval of City's Director of Public Works and Utilities. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 California Labor Code Requirements. a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. MSA page 10 b. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: MSA page 11 E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA. 92673 City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers. MSA page 12 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. MSA page 13 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.19 [RESERVED] MSA page 14 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BE'T'WEEN THE CITE'OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES,INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Ili' day of June, 2018. CITY OF SAN JUAN CAPISTRANO E. STEWART AND ASSOCIATES, INC. Approved By. / r nature Benjamin Siegel, City Manager i g led &65a� Date Dame Ate �t dB 4 Title i Mpria Morris, C Jerk -- _ Date Approved As ,To For r ity Attorney µ._...--�- MSA page 15 61147.02 1 00\31154056.1 EXHIBIT A Scope of Services General: a) Work will ordinarily be performed between the hours of 7:00 AM and 5:30 PM, Monday through Friday (except where noted). During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works and Utilities (herein after Director) or authorized representative, prior to commencing any work and in all cases. b) Contractor shall maintain an adequate crew of employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Unit prices quoted shall include all required safety equipment. Traffic control may be required on some sites, and shall be included in quoted prices. e) Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid. f) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. g) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. h) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date, for each project or job, if requested by the City. i) Contractor agrees to require his/her employees to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment towards the public. Should, for any reason, an employee be unsatisfactory in the opinion of the Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the project or job and replaced by an employee satisfactory to the Director or authorized representative. J) Contractor shall require each employee to adhere to basic standards of working attire. Each employee shall wear a uniform shirt with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by state safety regulations. k) Contractor shall provide, for all projects, a supervisor/foremen with a minimum of five (5) years' experience related to public multi-use trail maintenance and repair services. The supervisor/foreman shall remain on-site during the entire project or job. 1) Contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City. m) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP. All vehicles and equipment shall display the name and/or logo of Contractor's company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition. o) Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any other City property without written authorization from the Director or authorized representative. p) Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right-of-way or any other City property without written authorization from the Director or authorized representative. Contractor shall furnish all material, including, but not limited to, equipment, etc., necessary for the performance of the work set forth in this contract. q) Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees performing the work under contract. As may be necessary or required by City, the field supervisor or their representative shall check with the Director or authorized representative as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall submit such reports as the City may require, ensuring compliance with scheduled work. r) The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition or job related complaint which threatens to cause damage to any City property or compromise the public's safety. s) Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. t) Contractor shall provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. Special: i) Work to be done a) Contractor shall furnish all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list and perform public multi-use trails maintenance and repair services in those areas designated by the Director or authorized representative and to leave the grounds in a neat condition. The scope of the public facilities maintenance and repair services may vary according to need. b) See Exhibit"C" for hourly rates and unit prices for public multi-use trail maintenance and repair services. The City reserves the right to add or delete service locations during the term of this RFP/agreement. Unless first approved otherwise by the Director,all other work must begin no later than the following requirements, and as first approved by the Director or authorized representative. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. All maintenance and repair services shall be completed pursuant to the below noted hourly timeframe table. ID. Service Category Description Performance Period Mandatory Response Time SS Standard Service Regular Business Hours Only (M- 24-48 Hours (excluding F, 7:00 a.m. to 5:30 p.m.) weekends and Holidays) SAHS Standard After Hour Service After Regular Business Hours, 24 Hours (Including weekends and Holidays weekends and Holidays) ES Emergency Service Regular Business Hours Only (M- 2-3 Hours F, 7:00 a.m. to 5:30 p.m.) EAHS Emergency After Hour Service After Regular Business Hours, 2 Hours weekends and Holidays c) Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the Director or authorized representative in charge of overseeing the work. If the Director determines the Contractor has not satisfactorily marked any facilities, the City shall withhold payment for such markings until such facilities are properly marked. d) Work will not be performed without prior approval and only as authorized by the Director or authorized representative. e) Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Director or authorized representative. f) The Director/City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Director. The Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. ii) Work requirements a) Contractor shall have a minimum of 15 years like experience. Like experience is defined as, but not limited to: i) Working directly with various related tools and equipment for purposes of grading, excavating, landscaping, fence repairs, weed abatement, installation of water quality devices, reseeding, debris removal, various materials repair or replacement, painting, etc. regarding various and overall public multi-use trails ii) Working on state or city public lands iii) Working on or within a public facility or lands during high volumes of pedestrian or equestrian travel (i.e. taking safety precautions, displaying courteous and professional demeanor) iv) Working after normal hours or in emergency situations v) Coordinating with other local utilities in conjunction with potential excavation or permit processes vi) Coordinating with sub-contractors, as may be needed vii) Experience in obtaining municipal or state permits, as may be needed viii) Setting up and properly using traffic control within a public right-of-way or trail ix) Previous direct contract work for a municipality, county or state agency in a similar capacity b) Contractor shall, for the entire term of this RFP/contract, retain a current/valid State of California A, B or C-27 contractor license. All work shall be performed consistent with the respective license requirements. c) Unless first approved otherwise by the Director or authorized representative, all materials, products, removals and installation requirements related to public multi-use trails maintenance and repair services shall be pursuant and related to the applicable latest City standards for the Work. Approved standards shall be: i) Current City approved trails standards—see Exhibit D herein ii) Latest Standard Specifications for Public Works Construction (Green Book) iii) Latest state or federal standards or codes, as may be applicable and as approved by the City iv) Latest Industry standards, as may applicable and as approved by the City v) Latest traffic control methods and devices, as approved by the City d) Work shall include, but not limited to,the following types of activities and requirements: iii) The Contractor shall be responsible for all necessary precautions to prevent public trespass into the work area, during and following construction and until such time as the work area is complete and ready for public use. iv) Verify location of all existing utilities prior to beginning work. Contractor shall be responsible for repair or replacement of any damaged utility, caused by the work. v) Rubbish and construction debris shall be disposed of at an approved disposal site. After removal of debris, the work area(s) shall be left in a neat and presentable condition and to the satisfaction of the Director or authorized representative. vi) The Contractor shall verify the location of all utilities prior to construction, repair or maintenance and shall be held liable for all damages incurred due to Contractor's work related operations. C) Per City Policy 601, Contractor shall be responsible for acquiring services of a certified Archeological Monitor during any excavation in excess of 18 inches. d) Contractor shall comply with all City regulations regarding National Pollution Discharge Elimination System (NPDES) requirements and the City's best management practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor will contain and capture any materials that may potentially reach a storm drain, creek or adjacent water way. Contractor shall implement any and all BMP's as may be necessary. e) During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano NPDES program. f) Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert(USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours' notice. Such requests should be requested through USA @ 811 or 800-227-2600. vii) Acceptance of Work The Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. viii) Billing, Records and Reports (a) Contractor shall maintain a record of all work performed, including but not limited to location and types and amounts maintained/installed/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the Director upon completion of each work order. The contractor shall return appropriate and completed work orders showing the date and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Director or authorized representative. (b) Upon submittal of an invoice for work completed by the Contractor, the Director/City shall pay net 45 days, unless otherwise agreed upon by the Director/City and the Contractor. EXHIBIT B Schedule of Services Installation date(s): Generally, throughout the year, as needed. Removal date: See above NOTE: Dates may be flexible, pending weather related conditions and Contractor/City operational needs. Actual start dates shall first be approved by the Director of Public Works and Utilities. Addendum#1 Multi-use Trail Maintenance Services April 30, 2018 Summary of change(s): 1.Revised Exhibit C bid schedule as noted below(!VOTE:Eliminated"Foreman"and"Laborer"bid line items within SS,SANS,ES& FANS service categories). 2.Submit this entire,signed,Addendum WExhibit C(four pages)as part of your RFP submittal. EXHIBIT C Compensation From: Edwin W. Stewart- E. Stewart and Associates, Inc. (CONTRACTOR) To: Director of Public Works and Utilities,City of San Juan Capistrano The undersigned, as proposer, declares he/she has carefully examined the location of the proposed work and has read all requirements as described in the RFP, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and related MSA for the following costs noted herein. Said amounts are to include and cover all taxes, the performing of all the labor requisite and the providing of all necessary machinery, tools,apparatus, materials and other means of maintenance;also,the performance and completion of all the work in the manner set forth, described and shown in the RFP/MSA for the work. Contractor will not be required to pay for permits on City projects. Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this Exhibit C and that they are correct to the best of his/her knowledge and that they constitute his/her complete proposal for the work required as noted in the RFP/MSA. NOTES 1.All herein proposed yearly hourly$ rates shall be based on the full term noted in §3.1.2 of the MSA agreement. 2.All herein proposed yearly hourly$ rates shall include %incidental/normai material costs Addendum#1, pg. 1 Job ciassiftcation< Year one hourly$ Year two hourly$ ; Year three hcuriy$ Year four h71, ourly.$ Year floe hourly$ for SS s rate rate ra#e rate rate• Weeding handwork $18.50 $18.50 $18.50 $18.50 $18.50 weeding mowingjequ,p '< $75.00 $75.00 $75.00 $75.00 $75.00 Minor grading handwork $18.50 $18.50 $18.50 $18.50 $18.50 Minor grading mechanicatjequtp $75.00 $75.00 $75.00 $75.00 $75.00 Fghang;;remove and replace ped $90.00 $90.00 $90.00 $90.00 $90.00 �-sectton�-Exhitiitii :` `Fencing, new lnstaliatron pQ� $75.00 $75.00 $75.00 $75.00 $75.00 sectiari'E"x'ti161t-W ": •Minae fencing repairs two person ` $75.00 $75.00 $75.00 $75.00 $75.00 lob classlflcation Year one hourly$ Year two hourly$ Year three hourly$ f Year four hourly!$ Year five hourly$ #or ' ' rate 'rate rate:' rate rate SANS Weeding handwork $18.50 $18.50 $18.50 $18.50 $18.50 Weeding riowing/eguip $75.00 $75.00 $75.00 $75.00 $75.00 Minor grading handwork $18.50 $18.50 $18.50 $18.50 $18.50 fNinor goading ; mechanicaljequip $75,00 $75.00 $75.00 $75.00 $75.00 Fencing 'remove and replace per`; < ;section ExhibitH $90.00 $90.00 $90.00 $90.00 $90.00 Fencing new instaliation pert', ;section Ezhiblt H; $75.00 $75.00 $75.00 $75.00 $75.00 Minorfencing -' repairs two person :crew $75.00 $75.00 $75.00 $75.00 $75.00 lob classification Year one hourly$ Year two hourly$ Year three hourly$ Year four hourly$ Year five hourly$ ; rate rate rate rate rate Weeding handwork $18-50 $18.50 $18.50 1 $18.50 $18.50 Addendum#1,pg. 2 Weeding mowrng'/equip $75-00 $75.00 $75.00 $75.00 $75.00 Nl...... a'd(ng handwork $18.50 $18.50 $18.50 $18.50 $18.50 Minorg�ading mechanical/equip. $75.00 $75.00 $75.00 $75.00 $75.00 Fencing; remove and replace per; $90.00 $90.00 $90.00 $90.00 $90.00 section;Exhibit�H..... Fentigg new ,installation peri lection,Exhibit H $75.00 $75.00 $75.00 $75.00 $75.00 =Minor fencing repairs two person `..cre"w $75.00 $75.00 $75.00 $75.00 $75.00 Jati classification Year one hourly$ Year twa hourly$ Year three hourly$ Year four hourly,$ Year five hourly$ rate rate rate: ra#e .rate f -EARS or Weeding handwork $18.50 $18.50 $18.50 $18.50 $18.50 Weeding , mowing equip $75.00 $75.00 $75.00 $75.00 $75.00 Minor grading handwork $18.50 $18.50 $18.50 $18.50 $18.50 Mmorgrading m@thanital/equip $75.00 $75.00 $75.00 $75.00 $75.00 Fenang remove and replace per:; section:>rxhibit H $90.00 $90.00 $90.00 $90.00 $90.00 Fencing; new installation per' section,Exhibit H.:'; $75.00 $75.00 $75.00 $75.00 $75.00 Minor fencing repairs two person :.crew $75.00 $75.00 $75.00 $75.00 $75.00 Note: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary,Treasurer, and Manager thereof. Date: 5/10/18 Edwin W. Stewart, CEO Contractor name&title(print) Addendum#1, pg. 3 elno-�- 1 Contractor name(signature) (949)498-9250 Contractor business phone number (949) 795-5798 Contractor 24/7 phone number ed@estewartinc.com Contractor email 1000 Calle Negocio San Clemente, CA 92673 Contractor business address Denise N . Stewart Corporate Secretary Corporate Secretary name (signature) Addendum#1, pg. 4 Exhibit D Design, Installation and Materials E t .A . CITY OF SAN JUAN CAPISTRANO RECREATIONAL TRAILS PLAN 9 DESIGN MANUAL 0 p Revised 2011 G } 6 6 i s E i e r i f i i E Y g i i f 8 8 F2 f Y I� 5 1� I r .s City of San Juan Capistrano Recreational Trails Plan The Recreational Trails Plan is intended to provide for the orderly and efficient development, enhancement, and completion of the City's multi-use trails system in accordance with the provisions of the City of San Juan Capistrano General Plan. The Trails Plan contains design standards, procedures, Water Quality Best Management Practices (BMP's) and guidelines necessary to implement the goals and objectives of the plan. In addition, a major, goal of the Trails Plan process is to update the City's Trail Map. f TRAILS FACTS 1 The City's Recreational Trail system is approximately 42 miles. However, 3.25 miles are not used or rarely used as they are not linked to the rest of the system. The unlinked portions are listed below. Total unlinked portions is approximately 3.25 miles k • Belford (Arroyo to Ortega, Ortega to Rancho Madrina, Eleganica to Rancho Madrina): 0.85 mile • Trabuco Creek/North Open Space (Oso Rd to Camino Capistrano): 0.80 mile I North Colinas Ridge (Los Padres to north City limit): 1.40 miles • Siega Trail: 0.20 mile Also, from time to time, segments of the system are temporarily closed due to damage or construction work. INTRODUCTION 0 This Recreational Trail Plan has been prepared to implement the General Plan Trail System as outlined in the Parks and Recreation Element (amended December, 1983). The specific i design standards contained herewith have been prepared to achieve the following goals and a i policies: 1. Goal - The trail system should provide for a continuous passage from all areas of the City zoned for equestrian use. Specific Policies 6 1 a. Wherever possible, General Plan trail alignments should use existing paths i and/or unimproved roads (i.e., maintenance roads, flood control berms, unused access roads, etc.). N b. Trails should have a relationship to identifiable designation points of interest to z both hiking and equestrian users. F c. Trail alignments should be compatible with existing and future land uses. d. Alignments should minimize potential impacts on non-equestrian areas. 2 ---. -. < li e. Trail alignments should provide an interconnect system with the adopted Orange County Master Trail System and State of California Trail System r developed adjacent to the City. r y f. Trail alignments, when included as a part of the County Master Trail System, 1 and located within the City, should be generally consistent in both location and i l design. r g. Trail alignments should connect community parks and recreation facilities. h. Identify, prioritize, secure funding, and ensure timely project delivery for I missing gaps and links in the system. f 3 2. Goal - The trail system should be designed and implemented in such a manner as l to protect the environment, the public safety, and welfare of the community. l Specific Policies e a. Trail crossings of major streets should be minimal and located at signalized l intersections. b. The use of grade separated crossings (tunnels, bridges) should be used wherever feasible in order to reducetial o en ' conflicts with vehicular hicular traffic. p t t a c. When trail alignments are adjacent to arterial streets, provisions should be made to separate potential users from vehicular traffic by use of landscaping and fencing. When trails open onto public streets, specific design techniques to.. prevent access to the trail by motorized vehicles should be considered. d. Trails should not be aligned in such a manner as to make them susceptible to P periodic flooding or erosion. i F e. Signage identifying trails and crossings should be minimal but located to meet public safety requirements. e f. General Plan trail alignments should not exceed a maximum gradient of eight percent; trail width may vary in order to achieve the eight percent grade. Grades in excess of eight percent must be approved by authorized City staff. If a trail is built on a steep slope, it should switch back and forth to avoid soil erosion issues. s g. Where trail widths are at minimum ten feet (10'), the system should be fenced with an appropriate design that precludes use outside the trail easement. h. Where trail is located in a designated open space area accessible to the general F public, an open trail system may be used. The open trail should be clearly x marked, but need not be fenced. l i. The use of a switchback trail system should be discouraged, except when . absolutely necessary. j. Priority should be given to the physical separation of vehicular and trail users 3 c z S k� 3 f 3 S S f , F 1 r r j where possible. i 3. Goal - The trail system should be designed in such a manner as to respect the k natural environment of the immediate area. Specific Policies r . C e a. Trail alignments should preserve existing vegetation by removing only as much I as necessary to accommodate the trail. a b. Trail easements may vary in width in sensitive areas in order to preserve scenic amenities and provide possible buffer areas between adjacent land uses. c. Where trail alignments include existing trees, particular attention for preservation f should be incorporated into design plans. d. Trail alignments should respect natural landforms and not require significant grading to implement. e. Trail improvements should be minimal and respect the natural terrain and vegetation in the immediate area. g f. Ensure the,plan and trail use are environmentally sensitive (water quality and erosion issues). Horses should be kept on designated trails. A copy of the City's I "Equestrian Related Water Quality Best Management Practices" policy is r attached for housekeeping purposes. g. Establish contacts with Resource Agencies (for habitat and sensitive areas). h. Restrict access to wetlands, creeks, creek banks, meadows, and steep hillsides. Provide bridges over water bodies. a In :response to these goals and policies, the City has developed specific standards for implementing the trail system. 4 S f P f 7 3 I II 4 D 2 s DESIGN STANDARDS -- GENERAL I Trails as designated on the General Plan Map are intended to be designed as an independent trail system to serve the riding and hiking needs of the community. Some trail alignments have been designed to utilize existing or proposed service roads. Service roads, paved or unpaved, are designed to provide service vehicle access (fire, utility or maintenance). They may also be I used by private vehicles restricted to servicing individual equestrian stable or ranch land. Trails utilizing said service routes should be designed to accommodate said vehicles-use, for example, entrance barricades should be e.designed to allow for restricted vehicle passage. g Recreational Trails i 1. Methods - visible evidence of trail construction should be confined to the trail width. 1 Construction should attempt to make as little impact on the natural environment as possible. 8 a 2. Grades - Grades should be held to a maximum of 8 percent. Steep grades are tiring for I hikers and horsemen and create erosion problems. Long, gradual switchbacks should I be used rather than short, steep switchbacks. 3. Trail Construction - Generally, trail width should be 10' to 20' wide. The trail may be narrower i f approved by the city, but under no circumstances less than 10'. T h e trail width should be determined by amount and intensity of use, as well as topography and i vegetation. In order to reduce erosion and, therefore, maintenance problems, disturbance of the soil u surface should be kept to a minimum. Only rocks, stumps, and roots which interfere with passage should be removed. The degree of cut allowed on a slope depends on the soil type, hardness, etc. Make slope cuts at a minimum of 2:1, but not so steep that erosion or loss of stability will f result. Make transitions on all cuts so that the trail will be molded into the terrain. K Construct the trail with provision for settling and sloughing. On side slopes, loose d material which may slide onto the trail should be removed. Also, a berm of earth or rock, on the outside edge, of the trail may be necessary. Steep areas may be handled by terracing and building steps. These must be reinforced with stone or wood. Steps simply cut into the slope should not be used, as these . i become slippery when wet, and eventually erode. Steps should be negotiable by horses and they must be broad, flat terraces, with at least 8' between steps (See Exhibit A) 4. Vegetation and Trees - Vegetation should be preserved as much as possible to protect the aesthetic quality of the trail. Trees should be cleared to a height of 12' and should be cleared to a width of at least 10'0" at shoulder height (see Exhibit B). Pruning along. trails should be selective. Good pruning practices should be followed, including cutting branches off flush with the limb, and stems flush with the ground i (see exhibit C). Stumps may be treated to prevent sprouting. Large limbs should be h pruned flush with the trunk and wounds sealed to prevent decay. Dead and dying limbs and snags, which may fall on the trail, should be removed. Ground cover plants 5 E s y C n s and low shrubs should not be cleared except from the actual trail. Spot spraying with z herbicides is permissible when poison oak predominates or .hand pruning. is ineffective in keeping trails clear. k Where a trail is on a side slope, the vegetation on the uphill side will be more invasive and should be cut back more severely than vegetation on the downhill side (see Exhibit D). i Vegetation should be allowed to return to cut slopes to increase stability. Where appropriate, any replanting should be in conformance with land use development I plans. Replant areas with vegetation indigenous to those areas or compatible with s plantings already in place'. I s 3 5. Drainage - Drainage is the most important item in trail construction; it requires a 9 special study of the precipitation, runoff, springs, and streams in the area. Surface water must be diverted from the trail's surface before it builds up to an erosive 3 force. The method used to drain the trail will depend on the quantity and speed of water and the type of soils in the area. The best and simplest drainage is to slope the trail surface, 1 percent - 3 percent, to allow the water to sheet off, rather than I run in a stream. Low grades help prevent drainage problems; steep grades allow the water to run faster building up erosive force. Minor rivulets crossing the trail can be directed along a water bar (see Exhibit E). Trails crossing larger streams, whether permanent or intermittent, may require a bridge or an "Arizona" crossing (drainage pipe-system). See Exhibits F and G. If a drain pipe system is used, it is a very important to prevent erosion at the outfall end by providing rip-rap or other hard surface for the water to hit first. If this is not provided, the water leaving the pipe will erode the surface below it, and eventually the fill around the down-slope 3 end of the pipe. The installation of rip-rap is to be placed, such that it does not i conflict with the trail area. Avoid causing off-trail drainage problems, such as. erosion or siltation, by careful culvert placement. k 6. Surfacing - The trail may be treated or surfaced in areas where: The dust caused by�trail use presents a problem; it is needed to prevent erosion; or it is needed to improve slick or muddy conditions. The color and type of material chosen for surfacing, whether bark, gravel, etc:, shall be compatible with the environment through which the trail passes. The surfacing material must not create severe runoff or erosion problems. When trail crosses driveways, a non-slip surface shall i be applied (broom/rake finish). Through an encroachment permit from the City's Engineering and Building Department including applicable fees, an adjacent property owner may place grass v on a feeder trail (and only a feeder trail), providing that: a. The type of grass selected will not cause slippery conditions. b. Irrigation system will be subterranean and watering time will be controlled to avoid water pools. a c. The landscaped area will be maintained properly to the satisfaction of the City; 6 —._ d s t E a J no soft spot will exist within the improved area. d. Property owner will indemnify the City against any potential future liabilities. Should the landscaped area fall out of proper maintenance, the improvements p will be removed by the property owner. N i P 7. Structures .- Structures may include water bars, drain pipes, retaining walls, bridges, i etc. If possible, structures should be avoided because of their installation and maintenance cost. Ideally, trail structures should be built using on-site materials or improved materials, which blend into the environment. They should be designed so that they .are harmonious with the surroundings. Structures should be as vandal-proof as possible. Use recessed bolt heads wherever possible. Bridges shall be a minimum of 10' wide (see Exhibit G) and may be required to accommodate maintenance vehicles. I 8. Fences - Fencing may be necessary to prevent trail users from trespassing on adjacent lands, or to protect the user from dangerous areas. Some of these problems I may be avoided b selective location of the trail route, but there will be cases where I Y Y s fencing is the only solution. Whenever fencing is requiredAhe design shall be per the City standard (see Exhibit H) and would generally include installation on both sides of l the trail. r 9. Gates - Gates for trail users are a minimum of five feet wide, and must be self-closing. 4 They may be constructed of wood or metal; wood blends more naturally with the environment, but metal gates are more durable. E s Vehicle gates shall be metal pipe, chain or equivalent (see Exhibit 1). Wood or chain link are unacceptable. Vehicle gates should be securely locked. 10. Barriers - A trail can be made difficult to motorcyclists by creating a log barrier at the entrance (see Exhibit 1) or by leaving fallen logs on the trails. These are difficult to cross with a motorcycle, but may be stepped over by hikers and riders. Wherever barriers are used to prevent vehicle access, appropriate signage shall be installed (See chapter 4). Please note that motorcycle barriers require a minimum of 16' of trail width to accommodate the barrier and maintenance vehicle access. 3 5 11. Utilities - Utility boxes and vaults, manholes, pole lines or other above grade utilities E shall be located outside the trail easement. s r i I c I DESIGN STANDARDS --SIGNING i The following guidelines show examples of signs which may be used on Trails. Each sign situation should be evaluated individually; it is difficult to generalize. Each sign design shall be reviewed and approved by the Department of Community Planning and Development. 1. Materials: Wooden signs are most commonly used on the trails as they are most compatible with the natural environment and are economical to manufacture and maintain. There are two cases where metal signs might be used: One, where vandalism is a problem; two, in interfaces with public roadways, where standard metal a highway signs are used. 2. Colors: Trail signs (wooden or metal) should be brown with white lettering. Other earth tones may be used on occasion; there must be enough contrast between the i background.and the letters for the signs to be legible. Where trails intersect roadways the colors are set in the Manual on Uniform Traffic Control Devices (MUTCD). In standard highway signing, red is used for stop signs and prohibitions; yellow is for warning; green, movement permitted, directional guidance; blue, services; black and white, regulation; and orange, construction and maintenance warning. 3. Size: Directional and warning signs should be large enough so that the copy is legible (2" high letters). 4. Location: Signs should be located to be easily read from the trail. Height of signs should be determined by vegetation and other surroundings, but normally, 40" from ground to bottom of a single sign, and 36" from ground to bottom of a double sign is a good rule. Signs may be incorporated as part of the fencing. Signing should be consolidated wherever possible; it is preferable to have one sign with three messages than three signs on three separate posts with three separate messages. However, types of signs should not be mixed; warning or regulatory signs especially should not be mixed with other types. I Highway signing location and height is established and can be found in the Manual on g Uniform Traffic Control Devices (MUTCD) and the California Highway Design Manual. = 5. Types of Signs: I y a. Directional Signs: Directional signs should be used at intersections with roads or other trails, where paths could be confused. Avoid using too many directional signs. On riding and hiking trails, the standard directional sign is a 44 redwood post with arrows and other information routed in (see Exhibit J). b. Destination Signs: Destination signs will be placed at appropriate locations to inform trail users of the distance and destination on various routes. These signs should be accompanied by directional arrows where confusion with other routes is possible. 8 - _ ...... R . Distances on destination signs will be given in miles (see Exhibit K). c. Warning Signs: Warning signs are required on trails to warn trail users of hazardous conditions on the trail, and to warn motorists of locations where a trail 3 crosses a roadway. Signing on trails should be placed far enough in advance of the hazard that the trail user has time to slow down and maneuver (see Exhibit Q d. Informational.Signs: This type of sign may be mileage markers or may point out the location of water, telephone, emergency services, rest areas, etc (see 6 Exhibit M). k e. Intersection Design: Warning both the trail users and motorists of intersections should be evaluated individually; Specific intersections will be designed in cooperationwiththe traffic engineer of the City. , a ti I 3 2 t F y 6 g c t .s 'S 7 3 5 ' E t t 3. f X S 3 k G E r 2 'i r ' 9 S 5 R gG 3 F DESIGN STANDARDS -- STAGING AREAS FOR REGIONAL TRAILS - Trail Related Facilities s U Staging areas should be large enough to accommodate the amount and type of traffic the trail demands. If a trail is used only by small groups, a staging area to hold half-dozen. cars may be adequate. If the trail receives a heavy use by large groups, a staging area to accommodate up to 50 trucks and trailers may be considered. Staging areas should, not duplicate existing facilities; where there is an existing parking area, it should be used. Facilities which should be provided at staging areas include trail signs, water, and trash cans. The staging area may include many other types of facilities, if appropriate for the area, and the staging area may be simply part of an existing park. Establishment of f G isolated staging areas should be avoided, as they generally are more difficult to maintain. Staging areas should be located at the beginning and ending of trails and may be provided along the trail route. MAINTENANCE STANDARDS 1. Hiking and Riding Trails: Clear new vegetation growth through the use of small mechanical tools and remove i obstructions when necessary. Corrective work for drainage or erosion problems should be done immediately while minimizing scraping and grading. Replace stolen, damaged, or obsolete signs as soon as possible. Repair damaged structures as 5 soon as possible. Damaged gates and fences should be repaired immediately. All trails shall be inspected three times per year. 2. Fire and Service Trails: All of the requirements for hiking and riding trails must be met, plus: Service trails should be scraped only when absolutely necessary, as determined by the Fire Chief, in cooperation with the City. The goal of service trail maintenance is to keep s the trail usable by service and fire vehicles, while making as little impact on the natural environment as possible. g To preserve fire and service trails, they should not be used during the rainy season except for emergencies. Any damage done during the rainy season should be repaired immediately. i 3. Safety and Enforcement Trail safety is of paramount importance and precautions will be taken to ensure safety of all users. Enforcement is needed, from time to time, to keep motorized E vehicles off recreational trails. 10 a x s TRAIL CLOSURES 1. Temporary Trails Closures: There are four possible reasons for temporary closure of a trail or section of trail: During construction of the trail; when a high fire hazard exists in the area; when a hazardous condition exists on the trail; and during periods of very wet weather. In the case of high fire hazard, the. Orange County Fire Authority shall monitor R weather. conditions and provide input to the city when pack and trail closures are necessary. 3 If a trail is determined to have a hazardous condition, such as a landslide or washout, it may be closed until the hazard is repaired. Any staff person may make a request to the Director of Parks and Recreation to have a trail closed for this reason. The Director of Parks and Recreation shall make the decision whether or not to close the trail. A trail may also be closed during periods of heavy rains if the trail becomes dangerously slippery, or if use of the trail while the surface is wet would result in serious damage to the trail. It is especially important to keep vehicles off service trails during the rainy season except in emergencies. If a trail is closed for any reason, the trail shall be posted as closed at main entry points, and blocked to use where possible. 3 Trail closures shall be as short as possible; repair shall be done promptly. The safety of the trail users and the long-term adverse effects to the trail shall be considered before reopening the trail-. 2. Permanent Trail Closures: Short sections of trails may require rerouting, due to landslides or other problems. i The original route shall be closed to use when,a reroute is provided. The Director of Parks and Recreation, in cooperation with the Park, Recreation, and Equestrian Commission, shall determine when such rerouting is necessary, and will flag and construct it. F DESIGN MANUAL ATTACHMENTS: TRAIL ACCESS ELEVATION TRAIL ACCESS PLAN EXHIBIT K THROUGH EXHIBIT M I 3 , i I a p 11 I 4 z k A _ ` f A F y4 Y 3 V f Afj F f {�7 r �t_CLIA-- i o A,,) F H - . pO IS7 - l x , IR R S 1_ b i �� •�'�K i i. SNI fi 8 x Q � iCA I 6Aris t c Pit J R p ' 7 f ' G F � L b. i w • - ar I S ) t . 9�9 1 •6 k e k 2.t MIM. Nkt�• C 3 3 S 2 3 y� d r 1 8 1, E f ggg� 4 y4 dl S {1 3 g ¢q S P E F� 3SF Sa l .1 • f jt 4Y,5 S f R f S 5 4 a& 3 a 5 y�P4EMOVS ALL. LC?CWvE OS W"icH tNG4Y 5L1 M OOW M QH'i't7 `TRAIL.."TRFAO. n 2:4 5LOPE—v �' ♦. � _ c 1N101'1•i OF TP A(L. YAFV ES w rrH AIACUKT� 1-fps 010 om o ``COfccCgvA?Hf- K TYPICAL TRAIL CON5TRUCTI ON IRLAF.CgrcF�; oRs't�oN� IMIAL 57 �, 3=0'' s � t.ort�� Z.'-o� O•C. 4�SCb� �C"`"1'RAit� INCE E DCq E 5TAE S LZAT 10 PROVIDE i TFNL e 0Wr W(g, ON�oMIL ALon �E `Ci1T PILL MQ ITM ;� HOLO (N P LAC9 INM MEIP+L . TA&. NOTE STP+KES MUST t`OT METAL. STRK951 4-cY Ott.Lncvy , RETAfNIN G . . WALL. ror I LM a� fH 3r T 3. O��rreA. R.Q. M Or. 0>k- P.'x E O E O p p e METAL STAKES Z'-e OK [.ONGEX O O A 0 ID for TERRPCE---5T ..i .�5 exhibit A .. Ff6 6y� y exhibit B i o jv�cunEn fes. Grp gnKE� 4 • SHOWN TXZ�T5 OVER(o•�O/A/riEi�R • Tn QE A97AC F.O z Wrmcur wry PF,.KHrt' .LOW 6HM1e6 ArV0 E C.-COUKO C Dvz-,-t To R��VN CO' 20 VEqETATION CLEAN FOR IPNA I L5 F . exhibit C a ' E W�omq s SRAKCHE5 CUT mti 6'rM5 ARE UN WM LMO OK TF%UMIl ,, 3lyHTLY�HAZAR000. 3 f MAKE C 5 W OVER 31'lOW N. PRUNINPROP�� Y b i s 9 i A • i A y fi � t !' O,• TRAIL W1DT i TZIM AREA 10'-2.O1 exhibit Q on uPtilci sro� crrMcXSEY c� CUT Ar ALL s iNr r sHAU65 WITHIN • 30-06 019 7tA/dL 1.E�AVF �ol� RQ Wl�4 ND $14 vV/N ON 0OWN HILL RY65 t veto ov01% PRvnE CHS#IN ICH ssr�eucr TPA L. v ETATaK Sl DE 5 LO PES } f �.. •..rte w �� �. , 0M1= � a -nam 9iii f 1 M h101C1A�.9R WlpTH • wl,el�ac>�eu�. PLAN i i-ACATa ovrc.To E "evr e>sosc�. `NATES 15A FREVESJT Ej�oNan SOON exhibit E exhibit F WQ A PtAt"9^0 TC I E �1C tM RJUM , F ' tl lisp =14p SL4r3 DIMntT>Q1 aP CSIL�T��~ �"--�•-" � (twcri�a�D� k OW Ma mto 9r mza Ogg AWJM_.V owTYPICAL DRNNA�15YTM.lN5TALLPjTJON C f f � _ 1 • • i 0 . ' s . . s 3 exhibit G R 4; 4tid' 4140 1p IF 5T7s�q��,dR d b C)K o"014 -7-t t � I oaf °" .JS "ib37• TD We" : .. z'oc a--M/" LwrM!-�,f'd cage *r 1 '• � � �. • �N G� 'TV .rt}(lrQ6S1 y &IL*P=Por, a1 smoom �. •y. t s ' Alloy { • S�iCtloN sc1 ams I�iQ_;�• ` A&gWEA75 7V Ei4GJ'1 /ND1vICiIN— 4971A7I0N BY A U Cay. PLflED �Yr MALL P 4��OP-Pte- �� waW SUPS'ASWS MAY aQ Vaoo cit S•rUL-*=AND sPAVN6- Fo OT# HORSE E5T\IpqF. a 6 0 3 }4 a gCtl2 E r • i .E F B ' 1 . TRAIL LOCATION, H a within sront ;cr:. setoack V0 1 ' 6" all .other locations 4 '0" 2 ' 0" 2 . This standard shall apply to all equestrian/hiking trails. 3. Fencing shall be of lodge pole variety or equivalent. 4 . Fence shall be pressure treated penn,tagged as such. 5. Fence shall be free of bark and have a natural finish. g Over lan type rails shall be placed on trail side and secured 1/2" Galy. lag Bolts. 7 . Post shall be notcnu!". to accomodate over lap rails . 8 . Fence shall be placed on out . sides of trail,unless otherwise noted. s exhibit H .e H E 2rLOW. 9 TTIM rt4TWG `R MST Y i 40 NL -�- NO CH RAIL TYPE TYPICAL 140TCN (TAIL ti 3 •E f E fi..�s K 8'-a►' TYnCAL 45 OA. PAIL C.u.11. WT y 4 M s� t R 54 R • 5 I L.- i Rt CW CaiL. • FOOTWAS 30P CaML AW* 6`DYl f�6['S PI•MM.now vim VIAL &ERLAP RAIL TYPE i a Rout arrow and letters & paint Vv 4x4 Redwood post; let Weather !BTANDP\n Fvnt 4r e)lqm exhibit J 3 tat !, �f"'' O O 1 a 9 f� a 1 a d � o , --`` 0 o t 1_ z exhibit K 1 s 4 8 C i l c s fr e p aeti Y <*ELD STOP ENAD AHEAr, 2 6 s - e a K s y .. , exhibit L i • 4 � E , B z h ' Iw101n��llOn S tf01� s k -• 4 TNlphOM a 6 KAIf •►ff k e I P 4 e tlfllshNlM exhib . T �I J) i