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.
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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
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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.
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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
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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
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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
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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).
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(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.
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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.
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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.
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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
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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
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CITY OF SAN JUAN CAPISTRANO
RECREATIONAL TRAILS PLAN
9
DESIGN MANUAL
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Revised 2011
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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
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• 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
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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
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policies:
1. Goal - The trail system should provide for a continuous passage from all areas of
the City zoned for equestrian use.
Specific Policies
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1 a. Wherever possible, General Plan trail alignments should use existing paths
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and/or unimproved roads (i.e., maintenance roads, flood control berms, unused
access roads, etc.).
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b. Trails should have a relationship to identifiable designation points of interest to
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both hiking and equestrian users.
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c. Trail alignments should be compatible with existing and future land uses.
d. Alignments should minimize potential impacts on non-equestrian areas.
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e. Trail alignments should provide an interconnect system with the adopted
Orange County Master Trail System and State of California Trail System
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developed adjacent to the City.
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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
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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.
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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
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a. Trail crossings of major streets should be minimal and located at signalized
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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.
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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.
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F e. Signage identifying trails and crossings should be minimal but located to meet
public safety requirements.
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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
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where possible.
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3. Goal - The trail system should be designed in such a manner as to respect the
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natural environment of the immediate area.
Specific Policies
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a. Trail alignments should preserve existing vegetation by removing only as much
I as necessary to accommodate the trail.
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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
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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.
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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
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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.
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In :response to these goals and policies, the City has developed specific standards for
implementing the trail system.
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DESIGN STANDARDS -- GENERAL
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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
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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.
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Recreational Trails
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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.
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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
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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
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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
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s and low shrubs should not be cleared except from the actual trail. Spot spraying with
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poison oak predominates or .hand pruning. is
ineffective in keeping trails clear.
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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).
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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'.
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5. Drainage - Drainage is the most important item in trail construction; it requires a
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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
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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.
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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
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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
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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.
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c. The landscaped area will be maintained properly to the satisfaction of the City;
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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.
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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
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may be avoided b selective location of the trail route, but there will be cases where
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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
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the trail.
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9. Gates - Gates for trail users are a minimum of five feet wide, and must be self-closing.
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They may be constructed of wood or metal; wood blends more naturally with the
environment, but metal gates are more durable.
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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.
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11. Utilities - Utility boxes and vaults, manholes, pole lines or other above grade utilities
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shall be located outside the trail easement.
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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
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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.
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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:
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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.
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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
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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
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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.
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DESIGN STANDARDS -- STAGING AREAS FOR REGIONAL TRAILS - Trail Related
Facilities
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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DESIGN MANUAL ATTACHMENTS:
TRAIL ACCESS ELEVATION
TRAIL ACCESS PLAN
EXHIBIT K THROUGH EXHIBIT M
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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.
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