07-0116_STEWART & ASSOCIATES_Personal Services Agreement (2)0 •
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this V day of (lGt~
2007, by and between the City of San Juan Capistrano (hereinaft r referred
as the "City") and E. Stewart &Associates, Inc., (hereinafter referred to as " ontractor' .
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide weed, rubbish, and thistle abatement; and
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit 'A," Contractor's proposal dated November 3, 2006, attached and
incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement, and
services required hereunder shall be completed by no later than December 31, 2012.
The City will consider granting in its discretion up to three (3) additional one (1) year
option renewals based upon satisfactory performance of Contractor.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed the
unit prices as set forth in Exhibit "B," Contractor's proposal dated November 3, 2006,
attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the unit rate set forth in Exhibit "B"
Contractor's proposal, attached and incorporated herein by reference. Included within
the compensation are all of the Contractor's ordinary office and overhead expenses
incurred by it, its agents and employees, including meetings with City representatives
and incidental costs to perform the stipulated services. Submittals shall be in
accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope of Work.
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In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
0
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
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$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Not Applicable
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
9 0
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Attn.: Edwin Stewart
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial, Arbitration and Mediation Service ("JAMS").
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Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
John R. Shaw ity Attorney
CITY OF SAN JUAN CAPISTRANO
By: .::: 0c, ff/"�
Sam Allevato, Mayor
E. STEWART & ASSOCIATES, INC.
dwin Stewart
PHONE (949) 498-9250
FAX (949) 498-4961
November 3, 2006
Mr. John Elwell, Interim Director of Public Works
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
0
1000 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
RE: Proposal for — City of San Juan Capistrano: Weed, Rubbish, and Thistle Abatement
Dear Mr. Elwell,
E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for weed,
rubbish, and thistle abatement. This proposal has been prepared in response to the City's Request for Proposal
(RFP) dated October 9'0, 2006, and is organized to conform to the City's proposal requirements.
With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan
Capistrano, E. Stewart & Associates, Inc. is uniquely qualified to provide the continuous service and standard of
work the City has come to expect. We are always on standby, should the City require emergency or additional
work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City.
E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal.
We will work closely with the Public Works Department and apply every resource to complete each task we
perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling
our response to the various needs of the City to be rapid and efficient.
This proposal shall be considered valid for a period of 90 days.
The following individuals are authorized to bind the company:
Edwin W. Stewart, Chief Executive Officer
Denise Petersen, Corporate Secretary
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949)498-9250
Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal.
Sincerely,
C�
.GGIr-s.cf
dwin W. Stewart
Chief Executive Officer, E. Stewart & Associates, Inc.
EXHIBIT "A"
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PROPOSAL (continued)
Emergency Work - Hourly Rates
•
Cost to perform emergency weed, rubbish, thistle abatement,
$/Hr.
removal of debris at hours other than as stated as normal working
hours per the specifications. Price shall include all labor, material,
trucks, equipment, and any applicable disposal costs.
$ao
Price Per Hour FOR FIRST TWO HOURS:
Price Per Hour FOR EACH HOUR THEREAFTER
Oa
Please indicate below the equipment and number of personnel included in the rates above.
Normal working crew of 5 personnel and 1 supervisor, plusonecrew
truck = $157.50 per hour. No emergency call out added expense, No
overtime or extra hour charge. All personnel and equipment listed
on the equipment page are available to the City 24 hours per day,
7 days per week, at no additional cost.
Submitted by:
E. Stewart and Associates, Inc.
Con for
10
gnature of Representative Date
• LABOR AND EQUIPMENT RATES •
All proposers shall provide the hourly rates for the following positions and equipment.
All prices for equipment shall include operator, fuel, insurance, and move -in and move -
out fees.
Hourly Rates for Labor
Position
Year One
Year Two
Year Three
Year Four
Year Five
Supervisor
25 pr hr
25 pr hr
$25.pr hr
$25 pr hr
$25 pr hr
Foreman
$18,50prhL
$18.50 pr hr
$18.50 pr.hr
$18 50. r h.
$18,50 prh.r
Laborer
$18.50prhr
$18.50 Pr hr
$18,5a pr h
$18,50 -pr h-
$18.50 prK
150
r
hr $150
r
hr
$150
r
hr
150
pr
hr
Tractor$100
Please list any additional positions not accounted for and provide the hourly rates
above.
Hourly Rates for Equipment
F-650
Description
Year Two
Year Three
Year Four
Year Five
Loader55
h
155
hr
155
r
hr
Dozer
150
r
hr $150
r
hr
$150
r
hr
150
pr
hr
Tractor$100
h
100
hr
100
r
hr
DumpTruck
Whr250
95
r
hr
95
r
hr
$ 95
r
hr
95
r
hr
Crawler
Pr
100
rhr
$100
pr
hr
$100
pr
hr
100r
hr
Water Truck
60
r
hr
60
r
hr
rhr
Backhoe
75
r
hr
75
r
hr
r
hr
ASV w bucket
r
125
pr
hr
$125
pr
hr
Mh
pr
hr
ASV chipperr
250
r
hr
250
r
hr
hr
r
hr
ASV w 7' mower
$125 -pr
hr
125
r
hr
125
r
hr
rhr
ASV w 6' blade $125 pr hr $125 pr hr- $125 pr hr $125 prhr $125 pr hr
F-450 Dump Truck $ 50 pr hr $ 50 pr hr $ 50 r hr $ 50 pr hr $ 50 hr
Please list any additional equipment not accounted tpor and provide the hourly rates
above.
Submitted by:
F. Stewart and A o iates Inc,
Contractor
`L� �� ��A Date zfo6
nature ofi Representative
18
9 0
STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION. (The Contractor shall have 5 years of comparable weed
abatement experience.)
1.
Edwin W Stewart E. Stewart and Associates, Inc,
Proposer's Name Company Name
2.
Address
3.
(9491 498-9250 FAX (9.491 498-4961
Business Telephone Number
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
From 1990to 2006 City/Company Contact Person Contract
And Number Amount
1990 to 2006 City of San Juan Capistrano Jack Galaviz 443-6364 $309,698,00
Dennis Reed 361.8278
1996 to 2006 City of San Clemente Tony Montoya 361-6172 $140.000.00
2000 to 2006 City of San Clemente Dennis Reed 3614278 $ 6,000.00
2002 to 2006 City of San Juan Capistrano Douglas Dumhart $ 30,000.00
2004 to 2006 SunCal Companies Diane Shaughnessy (_619) 540-2387 $300,000.00
2005 to 2006 City of Laguna Beach Ray Lardie 497-0756 $140,000.00
E. Stewart and Associates Inc.
Company
9 0
LIST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION.
1.
Edwin W Stewart E Stewart and Associates, Inc.
Proposer's Name Company Name
2.
3.
(949) 498-9250 FAX (949) 4984961
Business Telephone Number
4. List equipment owned by the quoting firm that is available for use on this contract.
Provide type, make and model year. Use additional sheets if necessary.
63 Echo 3800 or 4000 Weedeaters with 10" saw blade
John Deere 3255 10.0 hp 4wd rubber tired tractor
John Deere 450G crawler 1GG hp
2 Rotary mowers, 8' & 9'. 2 pull disks 8' & 12'
ASV RC 100 100 ho track -type skid steer with grapple tines, bucket, chi Eer,
rotary mower, hole auger with 3 bits, dozer blade,
2 flail mowers, 3 13 hp 200 gallon spray rigs, 1 4wd Gator With 50 gallon
_spray rig, 1 Ford -650 stakebed truck, 1 Ford F�450Ldump truck-, 26' Zi.eman
equipment trailer, 2 Ford F-350 one ton pick-up trucks., 1 GMC one ton 3500
..pick-up truck,.2 fuel tanks - 500 gallon and 1 00.0. gallon, 12' pull scraper, -
8' 3pt. hitch scraper.
5. List equipment the quoting firm is planning to purchase for use on this contract.
An additional ASU RC 100 with bucket and 7' mower.
E. Stewart and Associates Inc
Company
20
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EXHIBIT "B"
!T]
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 4931053 FAx
ww ..san.juancapisirpno.org
TRANSMITTAL
TO:
Edwin Stewart
Stewart & Associates
1000 Calle Negocio
San Clemente, CA 92673
• I��� IA(IIIIAAI[I
uM[1 I 1961
1776 "
FROM: Maria Morris, Deputy City Clerk
DATE: January 17, 2007
MEMBERS OF THE CITY COUNCIL
RE: Personal Services Agreement — Weed, Rubbish & Thistle abatement.
Thank you for forwarding documentation confirming compliance with the terms of the
agreement related to insurance.
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning the agreement, please contact Kathleen Springer,
Management Analyst II (949) 487-4306.
An original, executed agreement is enclosed for your records.
cc: Kathleen Springer, Management Analyst 11
John Elwell, Interim Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% recycled paper
E
AGENDA REPORT
TO: Dave Adams, City Manager 96"
FROM: John W. Elwell, Interim Public Works Director
• 1/16/2007
D5
SUBJECT: Consideration of an Agreement for Weed, Rubbish, and Thistle Abatement
(E. Stewart & Associates, Inc.)
RECOMMENDATION:
By motion,
1. Approve the Agreement for Weed, Rubbish, and Thistle Abatement with E.
Stewart & Associates, Inc. at their proposed unit prices for a period of five years,
and
2. Appropriate $40,892 from the General Fund Reserve.
SITUATION:
Pursuant to the City Municipal Code, Section 6-7.01, abatement of weeds and thistle,
and the removal of garbage, refuse, and dirt throughout the City must be performed
annually to assist in reducing risks associated with fire and health hazards. Assembly
Bill 337, requires the City to abate weeds in designated High Fire Hazard Severity
Zones, and as directed by the Orange County Fire Authority. Additionally, fire breaks,
by means of weed abatement, are required on the northeasterly and the southeasterly
boundaries of the City.
Thistle abatement is required on approximately 1200 acres of City Open Space on an
ongoing basis throughout the year. Properties to be abated shall include areas of City
Open Space as determined and directed by the Public Works Director or designee.
Since the existing specifications have remained unchanged for approximately eight
years, staff revised the specifications to ensure that the City's needs were accurately
reflected. For example, an additional five water facility sites were added to the year-
round weed control schedule. Also, the category of rubbish removal for miscellaneous
areas was expanded to include the removal and disposal of illegally discarded items
throughout the City.
Discarded items such as furniture, electronics, dirt, and hazardous materials are
frequently found on public property. In addition to passing through the City twice a
week to remove any illegally discarded items, the contractor will respond to requests for
rubbish removal from staff on an as needed basis. Once the items are picked up by
AGENDA REPORT January 16, 2007
Page 2
the contractor, they need to be separated and disposed of properly according to
composition (recyclable, hazardous, etc.). Items disposed of at the dump incur a fee,
which is included in the contractor's unit prices. This work has not been included as part
of the weed, rubbish, and thistle abatement program until now.
On October 9, 2006, a Request for Proposals was issued to seven contractors: Apple's
Tractor Service, E. Stewart and Associates, Gardner Tractor Service, H & M
Excavating, Landscape Systems, Inc., Nature's Image, and RPW Services, Inc. On
November 3, 2006, staff received one proposal from E. Stewart and Associates (ESA).
After contacting the other contractors to ascertain their reasons for not submitting a
proposal, only two responded. Gardner Tractor Service indicated that they were not
comfortable with the legal noticing aspect of the work, and Nature's Image mentioned
that they were under time constraints with their existing work.
Staff has talked to representatives from the Code Enforcement Department at the City
of San Clemente, who experienced a similar response on their RFP for weed abatement
work. Of the four contractors who were sent the RFP, only two submitted proposals;
one of which was from ESA.
ESA has provided weed, rubbish, and thistle abatement for approximately 20 years to
the City. Eight years ago, ESA was the sole proposer, and since that time, the unit
prices have remained unchanged. Individual unit prices for the new agreement have
increased due to higher costs associated with fuel, insurance, chemicals, dump fees,
and labor. In addition, a few of the unit prices, such as handwork and administrative
costs, have increased incrementally due to higher labor costs. For example, handwork
for the AB337 areas is now $.018 per square foot and handwork related to weed
abatement is now $.035 per square foot. The annual administrative cost of $10,500
reflects an increase of approximately 47% due to higher labor costs.
One area that has increased significantly is thistle abatement. This work used to be
performed by a machine sprayer and will now be done manually due to the need to
perform spot spraying, rather than general spraying. Because thistle prevents native
plants and habitat from establishing, it is the goal of this program to be more aggressive
and eradicate the thistle, rather than apply the same amount of chemicals year after
year. Additionally, the cost of the chemicals used to spray the thistle has nearly tripled
in the last eight years.
Staff has been consistently pleased with the level of service, the rapid response time,
and the high quality of work provided by E. Stewart & Associates, Inc. Furthermore,
when called upon in an emergency situation, ESA has been both quick and responsive
to the City's needs. For these reasons, staff recommends approval of the agreement
with E. Stewart & Associates, Inc. (Attachment 2).
NOTIFICATION:
Apple's Tractor Service
0
AGENDA REPORT
Paae 3
E. Stewart and Associates
Gardner Tractor Service
H & M Excavating
Landscape Systems, Inc.
Nature's Image
RPW Services, Inc.
COMMISSION/BOARD REVIEW RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
9
January 16, 2007
The proposed budget, incorporating the new unit prices, and the amounts to be
appropriated, are shown below. The unit prices contained in ESA's proposal will
remain the same for the duration of this five year agreement.
'
01-62419-4430
8
Administrative Cost
$10,500
$ 4,900
Rubbish Removal:
01-62419-4430
Streambed Areas
6,240
1,140
01-62419-4430
Miscellaneous
21,000
9,000
01-62419-4431
Weed Abatement Cit
26,177
N/A
01-62419-4431
Weed Abatement (AB337)
21,675
1,852
Weed Control:
50-62414-4461
Water Facility Sites
15,000
N/A
01-62414-4431
Street Right of Way
20,000
10,500
01-62419-4452
Thistle Abatement
40,000
13,500
Clarification from ESA with regard to the unit prices for some of the items on the
proposal is provided as Exhibit "B" to the agreement.
AGENDA REPORT •
Page 4
RECOMMENDATION:
By motion,
• January 16, 2007
Approve the Agreement for Weed, Rubbish, and Thistle Abatement with E.
Stewart & Associates, Inc. at their proposed unit prices for a period of five years,
and
Appropriate $40,892 from the General Fund Reserve.
Respectfully submitted,
bJ hn W. E we I
terim Public Works Director
JE/KS:mp
Attachments: 1. Location Maps
2. Agreement
3. Unit Price Breakdown
Prepared by,
Ka leen Springer
Management Analyst II
Weed Control Water Facility Sites
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2, Mi� scion Nil is Re`wrv1,♦ I,1Fnn Nt nM1land nT. 1 iPI
5
3 U per Hunt Club Reservoi
30761
Steeplechase
2500
4 SC -04 Meter
30257
Orte a Hi hwa
9198
S,Hi h West Side Reservoir
31672
Augacate Rtl.
13364
Site A 5_
27802
Calle Arroyo
5289y
_7IWe11
8
_
Reed Reservoi=_
28442
Cia Ent oda
11265
11'.
Krum Reservoir
jr32600
Via Cecro Reb;
_
— 63795
Well
421 Woodcrest�
982Lower
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Attachment 1
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28381 Ortega Hi,h..
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Attachment 1
W dWd Abatement AE337
High Fire Hazard Severity Zones
0 3000 6000 Feet
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0 3000 6000 Feet-- - - --- ----------
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2007, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and E. Stewart &Associates, Inc., (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide weed, rubbish, and thistle abatement; and
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit 'A," Contractor's proposal dated November 3, 2006, attached and
incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement, and
services required hereunder shall be completed by no later than December 31, 2012.
The City will consider granting in its discretion up to three (3) additional one (1) year
option renewals based upon satisfactory performance of Contractor.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed the
unit prices as set forth in Exhibit "B," Contractor's proposal dated November 3, 2006,
attached and incorporated herein by reference.
3.2 Rate Schedule.
ATTACHMENT
0 0
The services shall be billed to the City at the unit rate set forth in Exhibit "B"
Contractor's proposal, attached and incorporated herein by reference. Included within
the compensation are all of the Contractor's ordinary office and overhead expenses
incurred by it, its agents and employees, including meetings with City representatives
and incidental costs to perform the stipulated services. Submittals shall be in
accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope of Work.
0 0
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
9 0
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
9 0
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Not Applicable
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
9
0
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Attn.: Edwin Stewart
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
0 0
Section 19. Entire Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Sam Allevato, Mayor
E. STEWART & ASSOCIATES, INC.
4diwin Stewart
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw Tity Attorney
PHONE (949) 498-9250
FAX(949)498-4961
November 3, 2006
ST6-kRT
ASSOCIATES
Mr. John Elwell, Interim Director of Public Works
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
L
1000 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
RE. Proposal for — City of San Juan Capistrano. Weed, Rubbish, and Thistle Abatement
Dear Mr. Elwell,
E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for weed,
rubbish, and thistle abatement. This proposal has been prepared in response to the City's Request for Proposal
(RFP) dated October 9'", 2006, and is organized to conform to the City's proposal requirements.
With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan
Capistrano, E. Stewart & Associates, Inc. is uniquely qualified to provide the continuous service and standard of
work the City has come to expect. We are always on standby, should the City require emergency or additional
work. We have strived to keep our fees low to ensure the best value In terms of both work and service to the City.
E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal.
We will work closely with the Public Works Department and apply every resource to complete each task we
perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling
our response to the various needs of the City to be rapid and efficient.
This proposal shall be considered valid for a period of 90 days.
The following individuals are authorized to bind the company:
Edwin W. Stewart, Chief Executive Officer
Denise Petersen, Corporate Secretary
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949)498-9250
Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal.
Sincerely,
or � war
dwin W. Stewart
Chief Executive Officer, E. Stewart & Associates, Inc.
EXHIBIT "A"
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PROPOSAL (continued)
Emergency Work - Hourly Rates
0
Cost to perform emergency weed, rubbish, thistle abatement,
$/Hr,
removal of debris at hours other than as stated as normal working
hours per the specifications. Price shall include all labor, material,
trucks, equipment, and any applicable disposal costs.
$00
Price Per Hour FOR FIRST TWO HOURS:
SGO
Price Per Hour FOR EACH HOUR THEREAFTER
00
Please indicate below the equipment and number of personnel included in the rates above.
Normal working crew of 5 personnel and 1 supervisor plus one crew
truck = $157.50 per hour. No emergency call out added expense, NQ
overtime or extra hour charge. All personnel and equipment listed
on the equipment page are available to the City 24 hours per day?
7 days per week, at no additional cost.
Submitted by:
E. Stewart and Associa c. Inc.
Can for
gnature of Representative Date
• LABOR AND EQUIPMENT RATES •
All proposers shall provide the hourly rates for the following positions and equipment.
All prices for equipment shall include operator, fuel, insurance, and move -in and move -
out fees.
Hourly Rates for Labor
Position
Year One
Year Two
Year Three
Year Four
Year Five
Supervisor.
25 pr hr
25 Pr hr
$25.pr h
$25 r hr
$25 pr hr
Foreman
$.18.50prhr
$18.50 pr h.r
$18.50 Pr h
$18,50.pr h
$18,50 rhr
Laborer
$18.50rhr
$18.50 pr hr
$18,50 pr
$18,50. prh
$18.50 pr4
r
hr
$150
r
hr
$150
r
hr
150
pr
hr
Tractorr
Whr60
Please list any additional positions not accounted for and provide the hourly rates
above.
Hourly Rates for Equipment
F-650
Desai tion
Two
Year Three
Year Four
Year Five
Loader5
155
r
h
155
r
hr
Dozer
r
hr
$150
r
hr
$150
r
hr
150
pr
hr
Tractorr
Whr60
100
h
100
hr
100
pr
hr
-DumpTruck
r
hr
95
r
hr
$ 95
r
hr
95
r
h.r
Crawler
r
hr
$100
r
hr
$100
pr
hr
100 �r
hr
Water Truck
r
hr
It 60
or
hr
It 60
or
hr60
rhr
Backhoe
75
r
hr
75
r
hr
75
r
hr
$ 75
rhr
75
r
hr
ASV w bucket
$125.pr
hr
125
1125
pr
hr
$125
pr
hr
$125
pr
hr
125
pr
hr
ASV chipper
250
r
hr
250
r
hr
250
r
hr
250
r
hr
250
r
hr
ASV w 7' mower
125
r
hr
r
hr
125
r
hr
125'
r
hr
125
r
hr
ASV w 6' blade $125 pr hr $125 pr hr. $125 pr hr $125 pr hr $125 pr hr
F-450 Dump Truck $ 50 pr hr $ 50 pr hr $ 50 r hr $ 50 pr hr $ 50 pr hr
Please list any additional equipment not accounted >por and provide the hourly rates
above.
Submitted by:
F. -';tpwart and Associates. Inc.
Contractor
mature of Representative Date
is
0 0
STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION. (The Contractor shall have 5 years of comparable weed
abatement experience.)
1.
W
Name
2.
1000 Calle Negocio San Clemente, CA 9.2673
Business Address
3.
(949) 498-9250 FAX (949)_ 498-4961
Business Telephone Number
and
Name
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
nc
From 1990to 2006 City,/Company Contact Person Contract
And Number Amount
1990 to 2006 City of San Juan Capistrano
Jack Galaviz
443-6364
$309,698,00
Dennis Reed
361-8278
1996 to 2006 City of San Clemente
Tony Montoya
361-6172
$140,000.00
2000 to 2006 City of San Clemente
Dennis Reed
361-8278
$ 6,000.00
2002 to 2006 City of San Juan Capistrano Douglas Dumh.art $ 30,000.00
2004 to 2006 SunCal Companies Diane Shaughnessy (6191 5404387 $300,000,00
2005 to 2006 City of Laguna Beach Ray Lardie 497-07.56.
E. Stewart and Associates, Inc.
Company
$140,000.00
4-
0 0
LIST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION.
1.
Proposer's Name
2.
1000 Calle Negocio San Clemente, CA 92673
Business Address
3.
Business Telephone Number
4. List equipment owned by the quoting firm that is available for use on this contract.
Provide type, make and model year. Use additional sheets if necessary.
63 Echo 38QO or 4000 Weedeaters with 10" saw blades
John Deere 3255 100 hp 4wd rubber tired tractor
John Deere 450G crawler 10.0. hp
2 Rotary mowers, 8' & 9', 2 pull disks 8' & 12'
ASV RC 100 100 hp track -type skid steer with grqpple tineg, bucket, chipper,
rotary mower, hole auger with 3 bits, dozer blade,
2 flail mowers, 3 13 hp 200 gallon spray rigs, 1 4wd Gator With 50 gallon
spray rig, 1 Ford -650 stakebed truck. 1 Ford Fo450 dump trucks 26' Zleman
equipment trailer, 2 Ford F-350 one ton pick-up trucks, 1 GMC one ton
pick-up truck, 2 fuel tanks , 500 gallon and 1,000.gallon, 124 pull scraper,
8' 3pt, hitch scraper.
5. List equipment the quoting firm is planning to purchase for use on this contract.
An additional ASV RC 100 with bucket and 7' mower.
E_ Stewart and Associates Inc
Company
20
EXHIBIT "B"
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 EAx
wwwsanpirancapistrano.org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 16, 2007 in
the City Council Chamber in City Hall, to consider: "Consideration of an Agreement
for Weed, Rubbish, and Thistle Abatement (E. Stewart & Associates, Inc)." — Item
No. D5.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, January 15, 2007 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Kathleen Springer,
Management Analyst II. You may contact that staff member at (949) 949-487-4306 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council -agendas a()sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Apple's Tractor Service; E. Stewart and Associates; Gardner Tractor Service; H
& M Excavating; Landscape Systems, Inc; Nature's Image; RPW Services, Inc;
Kathleen Springer, Management Analyst II
. Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTkANO, CA 92675
(949) 493-1171
(949) 493-1053 PAX
www.sar?litancal?lstrano.org
January 17, 2007
0
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USED
On January 16, 2007, the City Council of San Juan Capistrano met regarding:
"Consideration of an Agreement for Weed, Rubbish, and Thistle Abatement (E.
Stewart & Associates, Inc)." Item No. D5.
The following action was taken at the meeting: Agreement for weed, rubbish,and
thistle abatement with E. Stewart & associates, Inc., at their proposed unit prices,
for a period of five years, approved; $40,892 appropriated from the General Fund
Reserve; and the agreement should include thistle eradication and annual
objectives and regular measurement of progress including regular status reports
to the City Council.
If you have any questions regarding this action, please contact Kathleen Springer,
Management Analyst II at 949-487-4306 for more detailed information.
Thank you,
Meg Monahan, MMC
City Clerk
Cc: Apple's Tractor Service; E. Stewart and Associates; Gardner Tractor Service; H
& M Excavating; Landscape Systems, Inc; Nature's Image; RPW Services, Inc;
Kathleen Springer, Management Analyst 11
San Juan Capistrano: Preserving the Past to Enhance the Future
011H Printed on 100% recycl@tl paper
0
AGENDA REPORT
12/19/2006
I■R
TO: Dave Adams, City Manager 9J -
FROM: John W. Elwell, Interim Public Works Director
SUBJECT: Consideration of an Agreement for Weed, Rubbish, and Thistle Abatement
(E. Stewart & Associates, Inc.)
RECOMMENDATION:
By motion, approve the Agreement for Weed, Rubbish, and Thistle Abatement with E.
Stewart & Associates, Inc. at their proposed unit prices for a period of five years.
SITUATION:
Pursuant to the City Municipal Code, Section 6-7.01, abatement of weeds and thistle,
and the removal of garbage, refuse, and dirt throughout the City must be performed
annually to assist in reducing risks associated with fire and health hazards. Assembly
Bill 337, requires the City to abate weeds in designated High Fire Hazard Severity
Zones, and as directed by the Orange County Fire Authority. Additionally, fire breaks,
by means of weed abatement, are required on the northeasterly and the southeasterly
boundaries of the City.
To provide complete and continued eradication, thistle abatement is required on
approximately 1200 acres of City Open Space on an ongoing basis throughout the year.
Properties to be abated shall include areas of City Open Space as determined and
directed by the Public Works Director or designee.
Since the existing specifications have remained unchanged for approximately eight
years, staff revised the specifications to ensure that the City's needs were accurately
reflected. For example, an additional five water facility sites were added to the year-
round weed control schedule.
On October 9, 2006, a Request for Proposals was issued to seven contractors: Apple's
Tractor Service, E. Stewart and Associates, Gardner Tractor Service, H & M
Excavating, Landscape Systems, Inc., Nature's Image, and RPW Services, Inc. On
November 3, 2006, staff received one proposal from E. Stewart and Associates (ESA).
After contacting the other contractors to ascertain their reasons for not submitting a
proposal, only two responded. Gardner Tractor Service indicated that they were not
comfortable with the legal noticing aspect of the work and Nature's Image mentioned
that they were under time constraints with their existing work.
Weed Control Water Facility Sites
,I
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_ 2:Mission Hills
Reservoir 121800
.Highland Dr.
39806
3 Upper Hunt C_1_ub
Reser oin 30761
teeplechase
25006
9 SC -04 Met _
30257
Jrteg High a
919J5
5 High West Side
Reser o'r
316]2
Auqac to Rd
_1330
],.Heli Site M 5
_
129802
Calle Arroyo
5289,
8 Reed Reservoir
_
,28492
via Entrada
112652
_ 27
Toyon_BPS
.28381
Ortega High�al_ 6321
28
NOS Pump and Well
Camino Capistrano 1 213 213 1
_ 29
R senbaun Well p2
eiia_rw tl
2023
30 C p-strano Royale BPS
26911
Highland Dr_8�
31 Hidden Mountain BPS
�, 31632
Via Cervante_9
1285&
33 woodcrest Wil: _ 26421
34 Lower Hu Club Reser air 3C561
Woodcrest 9821
plch
Steease D, 20669
3
34
0,2
31
M
M
City Boundary
Streets
Creeks
aeroi u:ev.m�m°�. a..a.
Attachment 1
W&d Abatement AIP337
High Fire Hazard Severity Zones
0 — 3000 _ _ _ 6000 Feet
Creeks
ow Handwork
Disk
V Very High Fire Hazard
City Boundary
High Fire Hazard
Streets
TPii.qtlP AhatPmPnt
v�ccno
0 3000 6000 Feet --__-- _-__-- --- ---- - --
9 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2006, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and E. Stewart &Associates, Inc., (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide weed, rubbish, and thistle abatement; and
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section I. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit 'A," Contractor's proposal dated November 3, 2006, attached and
incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on January 2, 2007, and services required
hereunder shall be completed by no later than December 31, 2012. The City will
consider granting in its discretion up to three (3) additional one (1) year option renewals
based upon satisfactory performance of Contractor.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed the
unit prices as set forth in Exhibit "A," Contractor's proposal dated November 3, 2006,
attached and incorporated herein by reference.
3.2 Rate Schedule.
ATTACHMENT
9 0
The services shall be billed to the City at the unit rate set forth in Exhibit "A,"
Contractor's proposal, attached and incorporated herein by reference. Included within
the compensation are all of the Contractor's ordinary office and overhead expenses
incurred by it, its agents and employees, including meetings with City representatives
and incidental costs to perform the stipulated services. Submittals shall be in
accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
0 0
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
0
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Contractor shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Contractor shall submit an insurance certificate to the City Clerk's office for certification
that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Term!nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Attn.: Edwin Stewart
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
11
Section 19. Entire Agreement.
This Agreement constitutes the entire
parties and supersedes all previous negotiat
matter thereof.
0
understanding and agreement between the
ons between them pertaining to the subject
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
0
E. STEWART & ASSOCIATES, INC.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO
John R.
PHONE (949) 498-9250 1
FAX (949) 498-4961 T SAN
ASSOCIATES
November 3, 2006
Mr. John Elwell, Interim Director of Public Works
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
000 CALLE NE®OCIO
CLEMENTE, CA 92673
RE: Proposal for — City of San Juan Capistrano: Weed, Rubbish, and Thistle Abatement
Dear Mr. Elwell,
E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for weed,
rubbish, and thistle abatement. This proposal has been prepared in response to the City's Request for Proposal
(RFP) dated October 9h, 2006, and is organized to conform to the City's proposal requirements.
With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan
Capistrano, E. Stewart & Associates, Inc. is uniquely qualified to provide the continuous service and standard of
work the City has come to expect. We are always on standby, should the City require emergency or additional
work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City.
E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal.
We will work closely with the Public Works Department and apply every resource to complete each task we
perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling
our response to the various needs of the City to be rapid and efficient.
This proposal shall be considered valid for a period of 90 days.
The following individuals are authorized to bind the company:
Edwin W. Stewart, Chief Executive Officer
Denise Petersen, Corporate Secretary
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949) 498-9250
Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal.
Sincerely,
i
dwin W. Stewart
Chief Executive Officer, E. Stewart & Associates, Inc.
EXHIBIT "A"
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PROPOSAL (continued)
Emergency Work - Hourly Rates
Cost to perform emergency weed, rubbish, thistle abatement,
$/Hr.
removal of debris at hours other than as stated as normal working
hours per the specifications. Price shall include all labor, material,
trucks, equipment, and any applicable disposal costs.
$oo
Price Per Hour FOR FIRST TWO HOURS:
1011
Price Per Hour FOR EACH HOUR THERg&E ER
QQ
Please indicate below the equipment and number of personnel included in the rates above.
Normal _-orkina_crew A 5 personnel and l.suaervisor. a1us.one crew
truck = $157.50 per hour. No emergency call out added expense, NQ
overtime or extra hour charge. All personnel and equipment Itsted
on the equipment page are available to the City 24 hours per day,
7 days per week, at no add%tional cost.
Submitted by:
E. Stewart and Associateg. Inc.
Contractor
gnature of Representative
Date
11
STATEMENT OF EXPERIENCE
0
THIS PAGE TO BE COMPLETED BY PROPOSER A 4D SUBMITTED TO CITY AS
PART OF QUOTATrlum (The contractor sham nave
a years yr vompaiauto we
abatement experience.)
1.
Edwin W. Stewart E. Stewart
And WQciAtest
Inc,
proposer's Name Company Name
2.
1000 Calle Ne ocio San Clemente, CA 02673
Business Address
3.
949 498-9250 FAX 9.49._ 498-4061
Business Telephone Number
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 montt
s.
From 1990to 2006 City/Company
Contact Person
Contract
And Number
Amount
1990 to g006 City of S n
z 44.3-6364
$309,698.0
Dennis Reed
1996 to 2006 City of San Clemente Tony Montoyd
361-8278
361-6172
$140,000.0
2000 to 2006 City of San Clemente Dennis Reed
361-8278
$ 6,000.0
2002 to 2006 City of San Juan Capistrano Douglas
Dumhart
$ 30,000.0
2004 to 2006 SunCal Companies Diane Shaughnessy
(619) 540.2387
$300,OQ0,0
2005 to 2006 City of Laguna Beach Ray Lardie 49.7,0756
$140,000.0
'Signature
E. Stewart and
Associates,,
Inc.
Company
e
LIST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER
AND SUBMITTED TO CITY A:
PART OF QUOTATION.
1.
Edwin W Stewart E
t and toInc.
Proposer's Name Compan
Name
2.
1000 Calle Negocio San Clemente. 92673
Business Address
3.
949 498-9250 FAX (9491 498-4961
Business Telephone Number
4. List equipment owned by the quoting firm that is evaillable
for use on this contract
Provide type, make and model year. Use additional
sheets if necessary.
6 " saw
Wades
John Deere 3255 100 hp 4wd rubber tired tract
r
John Deere 45OG crawler 100 h
2 Rotary mowers, 8' & 91. 2 pull disks 8' &
2'
ASV RC'100 100 hp track -type sk.i'd steer with srqpple
tines, bucket, ch.fppeY
rotary mower, hole auger with 3 bits, dozer blade,
stilland Echo ch ins
2 flail mowers, 3 13 hp 200 gallon Spray rigs
1 4wd Gator With 50 gallon
spray ri. 1 Ford -650 stakebed truck. 1 Ford
X450 dump, truck_, 26' Zieman
equipment trailer, 2 Ford F-350 one ton pickp
trucks,, 1 GMC pne ton
pick-up truck 2 fuel tanks, � 500. gallon and
000. gallon 12' pull scrapeY
8' 3pt, hitch scraper.
5. List equipment the quoting firm is planning to purcha
Be for use on this contract.
—An additional ASY RC 10.0 with bucket and 7' m
we
4ignatur_ie��_
E Stewart
Company
nd As,,ci tes. Inc.
A
• LABOR AND EQUIPMENT RATES •
All proposers shall provide the hourly rates for the following positions and equipment.
Ali prices for equipment shall include operator, fuel, insurance, and move -in and move -
out fees.
Hourly Rates far Labor
Position
Year One
Year Two
Year These
Year Four
. Year Five
Su rvisor
25 r hr
25
25 Pr.hr
$25 r hr
$25 r hr
Foreman
$18..50prhr
$18-50 pr hr,
$18,50-prh
$18,5Q or h
$18,50 prfir
Laborer
$18.50prh.r
$18.50 or 6
$18.5G or hr
$-18.50 or hy
$18.50 prh
r
hr
150
hr
150
r
hr
$150
r
hr
150
or
hr
Tractor
Please list any additional positions not accounted for and provide the hourly rates
above.
Hourly Rates for Equipment
F-650
Description
Year One
Year Two
Year Three
Year Four
Year Five
Loader
$155
pr
hr155
r
hr
Dozer
150
r
hr
150
hr
150
r
hr
$150
r
hr
150
or
hr
Tractor
$100
100.
h.
100
h
DumpTruck
95
r
hr
95
r
hr
95
r
hr
95
r
h.r
95
r
h.r
Crawler
$100
r
hr
100
'r
hr
$100
r
h.r
$100
r
fir'
190 $r
hr
Water Truck
60
r
hr
60
r
hr
60
r
hr
60
r
hr
60
r
hr
Backhoe
75
. r
hr
75
r
hr
75
r
_hr
$ 75
r
hr
75
r
hr
ASV w bucket
$125.pr
hr
125
pr
hr
$125
or
hr
125
pr
hr
12
pr
hr
ASV chipper
250
r
hr
250
Pr
hr
250
or
hr
250
or
hr
250
r
hr
ASV w 7' mower
125
or
hr
125
or
hr
125
or
hr
125
or
hr
125
r
hr
ASV w 6' blade $125 or hr $125 or lir. $125 pr hr $125 or hr $125 pr hr
F-450 Dump Truck $ 50 or hr $ 50 pr hr $ 50 r hr $ 50 pr hr $ 50 r hr
Please list any additional equipment not accounted for and provide the hourly ra�es
above.
Submitted by:
E.. -Stewart and AsSociates Inc,
Contractor
signature of Representative
Date
is
n
u
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www. sanfnancapvstrano. org
dwr, •
(staA ]SHED 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 7:00 p.m. on Tuesday December
19, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of an
Agreement for Weed, Rubbish, and Thistle Abatement (E. Stweart & Associates,
Inc)" — Item No. D5.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, December 18, 2006 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Kathleen Springer,
Management Analyst II. You may contact that staff member at (949) 949-487-4306 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanwuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-apendas5sanivancapistrano.orcl.
Meg Monahan, CMC
City Clerk
cc: Apple's Tractor Service; E. Stewart & Associates; Gardner Tractor Service; H &
M Excaving; Landscape Systems, Inc.; Nature's Image; RPW Services, Inc; John
W. Elwell, Interim Public Works Director; Kathleen Springer, Management
Analyst 11
" Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
`1 Printed on recycled paper
aKe„
32400 PASEO ADELANTO J � MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675SAM i ;La7
TO
(949) 493-1171 ,(��d J' THOMAS W. PR
(949) 493-1053 FAX f.%' I�I�����AII� THOMAS W. HRIBAR
WWW. sunjuancaplSrYano. oi-g Is776m 1961 JOE SOTELSEN
JOE SOTO
• �� • DR. LONDRES USO
December 20. 2006
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
On December 19, 2006, the City Council of San Juan Capistrano met regarding:
"Consideration of an Agreement for Weed, Rubbish, and Thistle Abatement (E.
Stweart & Associates, Inc)" Item No. D5.
The following action was taken at the meeting: This Item was removed from the
agenda by Dave Adams, City Manager. It will be brought back at a later date for
consideration.
The following documents are in the process of being executed: n/a
If you have any questions regarding this action, please contact Kathleen Springer,
Management Analyst II at 949-487-4306 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
Cc: Apple's Tractor Service; E. Stewart & Associates; Gardner Tractor Service; H &
M Excaving; Landscape Systems, Inc.; Nature's Image; RPW Services, Inc; John
W. Elwell, Interim Public Works Director; Kathleen Springer, Management
Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recyclgd paper