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12-0306_E. STEWART & ASSOCIATES, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT IS AGREEMENT is made, entered into, and shall become effective this IJ-11day of 6 J12012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and E. Stewart and Associates, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide multi-use trail maintenance and repair services; 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,"attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on April 1, 2012. This Agreement shall be for a(3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for multiuse trail maintenance and repair services, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 1 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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. .For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown 2 conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 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. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor,Con tractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14, Insurance, 3 On or before beginning any of the services or work called for by any term of this Agreement, Contractor; at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, Fired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00), 14.3 Workers' 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 4 14.5 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. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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 shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attn: Edwin W. Stewart 5 Section 17, Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work: CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 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"). 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. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF N JUAN CAP.ST RNO By: Lar Kram fXy& CONTRACTOR --'Edwin Stewart TTEST: =v x � Mari Morris. lty Ie (. APPROVED AS TO FORM: OK ar 8an val, City Wttorney 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done I Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide labor, material and equipment to perform Multi-Use Trail Maintenance and Repair Services throughout the City of San Juan Capistrano. Typical maintenance work shall include, but not limited to the tasks listed below in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the trail maintenance and repair work may 1 vary according to need. This contract covers multi-use trail maintenance and repair services. Improvement projects shall be bid out separately. The 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 Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. i Surface Maintenance Definitions Handwork—by mechanical methods (weed eaters, mowers, etc.) Mowing —by tractor/mowing methods (rubber tire, crawler, with flail/rotary mower, etc.) Rut Filling/Leveling --- by tractor/scraper methods (rubber tire, crawler with grader/scraper) Grading (Minor Washouts) — by tractor/scraper methods (rubber tire, crawler with grader/scraper, loader bucket, etc.) Authorization of Work i Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Time of Completion j Upon notification by the Public Works Director or authorized representative, the contractor shall proceed immediately with the work. The City will not tolerate projects that have been started and left idle. Work shall commence and proceed daily without interruption until completed. I ; EXHIBIT A ........_........ ........... ............ I Response Process 1. The Contractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 2. The City will be charged according to the "Service Category" requested and as listed on the Proposer Bid Sheet (Regular Hourly Rate or Emergency Hourly Rate). I } 3. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after hours. 4. Contractor will notify the Director of Public Works or authorized representative j upon completion of work. Notification shall be within eight (8) hours of completion of assigned task. i 5. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. I Progress of Work ! Work shall proceed in an orderly manner. Wherever possible, any repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The 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 City. The Public Works 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 Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. i If during the course of work the contractor experiences a conflict with the plans/scope of work, the contractor shall notify the Director of Public Works or authorized representative before proceeding with said work. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. z Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. At a minimum the "detail shall include the following: the date of the service call, service location, a copy of the Work Order if applicable, the applicable hourly rate, arrival time on-site, time service call was completed, total time on site, and total charges for the service call. Work Orders The Public Works Director or authorized representative will place all requests for service directly to the Contractor by written Work Order or via telephone call or electronic mail. The Public Works Director or authorized representative reserves the right to request from the Contractor a written cost estimate before authorizing the work. The Contractor shall respond with a cost estimate within 24 hours, excluding weekend and holiday. Response Time All maintenance services shall be completed within a reasonable and expedient manner, based on the severity of the request. Response Process After initial contact and after "authorization to proceed" is given by the Public Works Director or authorized representative, the Contractor shall respond accordingly. 6. The Comtractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 7. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after hours. 8. Contractor will notify the Director of Public Works or authorized representative upon completion of work. Notification shall be within twenty-four (24) hours of completion of assigned task. 9. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. METHOD OF WORK Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statutes. Unless the 3 means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the industry. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book); Latest Edition. All work shall comply with the applicable licensing, City of San Juan Capistrano Design Manual — Equestrian and Hiking Trails, i and/or all: local or city ordinances, whatever may apply. l The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and i presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or j maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during some excavations. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. E j NPDES Regulations. E The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. The City has adopted Best Management Practices for municipal fixed facilities and field 3 programs. The Contractor should review them and be familiar with them, using the appropriate BMP's as they apply, depending on required work and situation. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City, The following is a list of current BMP's, located on the City's website (www.sanjuancapastrano.org): Building Maintenance and Repair Equipment Maintenance and Repair E Fueling Landscape— Fixed Facility Material Loading and Unloading Material Storage, Handling, and Disposal ' Minor Construction { Parking Lot Maintenance Spill Prevention and Control 3 Vehicle and Equipment Cleaning Vehicle and Equipment Storage Waste Handling and Disposal Lake Management Landscape Maintenance (Field) Roads, Streets, and Highway Operation and Maintenance Sidewalk, .Plaza, and Fountain Maintenance and Cleaning Solid Waste Handling Water and Sewer Utility Operation and [Maintenance During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). ! Protection of Existing Utilities The 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 (1-800-422-4133). i Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, i Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power ` to terminate all or any portion of the contract. Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. E EEF .E 2. Extra work may be rewired by the Public Works Director or authorized j representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor plus wholesale cost y , of'materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of Water l Surface or other waters may be encountered at various times. The Contractor, by 1 submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The k Contractor must protect all existing private property. Protection of Maintenance Areas .3 1 Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately I owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. I s Weekly_Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the. Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 fours, Contractor shall be fined the amount previously determined at the time of the.initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. I i Contractor shall appoint and identify to the Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time ` per week at a time and place agreed upon by both parties for as long as the contract is [ in effect to discuss any problems/concerns which may arise and any goals for the 1 day/week. 3 33 3 I I� 1 {{iI t 3 GENERAL PROVISIONS a REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION i REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to.perform the service required. c) Contractor will be required to supply a list of equipment owned and available for f work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub-contractors if applicable. f) Contractor may be requited to supply additional experience °references if f requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) .Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices (for normal work rates, not emergency work rates); Statement of Experience, E Statement of Equipment, List of Sub-ContractorsNendors and all provisions i i� 8 i noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to' ane or more contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available to answer questions. I m) 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. 1 n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest. j p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, j an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of L the contract. I PERSONNEL The contractor shall use and furnish a workforce necessary for the satisfactory ! performance for the work set forth in this contract. i l E (a) Contractor's Employees The Contractor agrees to require This/her employees to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee. i I g I I j (b) Employee Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include.uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks j Contractor shall supply employees with the skills to perform various semi-skilled duties in connection with multi-use trail maintenance and repair operations a variety of hand and power tools for purposes of maintaining public facilities and operating equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the multi- use trail maintenance and repair field. (e) Licenses j Laborers will be required to possess a valid and current California Driver License, j including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a general knowledge of the multi-use trail maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. ' (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. i E i 10 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The 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 Public Works Director or authorized representsflve. MATERIALS The City will purchase and store all materials that are used in the City for the purpose of trail fencing repair and installation (rails, posts, nuts, bolts, washers and other essential hardware necessary for fence installation). SUPERVISION The 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. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while.work is in progress. 1 TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION ` i 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 I 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 j 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 which threatens to cause damage to any City property. i In addition, the Contractor shall employ persons) to answer telephone and e-mail i complaints, requests for service, etc. -(an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. i Contractor is rewired to maintain an office within the Orange County area. Contractor is further 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. ! ! EMERGENCY MEDICAL FACILITY The successful proposer is required to 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 j facility or any similar medical facility. E t 7 € € 1 I! I i I f .l 1 ! 7 € E 12 t CITY OF SAN JUAN CAPISTRAN€7 RECREATIONAL TRAILS PLAN i nESIGN MANUAL Revised 2011 I E ^l , 13 City of San'Juan Capistrano Recreational Trams 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 Pian. The Trails Plan contains design standards procedures Water Quality Best ManagementPractices (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. J TRAILS PACTS 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 • 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 • North Colinas Ridge (Los Padres to north City limit): 9.40 miles • Siega Trail: 0.20 mile Also, from time to time, segments of the system are temporarily closed due to damage or 1 construction work. INTRODUCTION This Recreational Trail Plan has been prepared to implement the General Plan Trail System p y as outlined in the Parks and Recreation Element (amended December, 1983). The specific design standards contained herewith have been prepared to achieve the following goals and policies: E E f t 1. Goal - The trail system should provide for continuous passage from all areas of i the City zoned for equestrian use. i Specific Policies a. Wherever possible, General Plan trail alignments should use existing paths and/or unimproved roads (i.e., maintenance roads, flood control beans, unused access roads, etc.). b. Trails should have a relationship to identifiable designation points of interest to both hiking and equestrian users. Ec. Trail alignments should be compatible with existing and future land uses. E d. Alignments should minimize potential impacts on non-equestrian areas. 14 e. Trail alignments should provide an interconnect system with the adopted Orange County Master Trail System and State of California Trail System developed adjacent to the City. f. Trail alignments, when included as a part of the County.Master Trail System, and located within the City, should be generally consistent in both location and design. g. Trail alignments should connect community parks and recreation facilities. •3 h. Identify, prioritize, secure funding, and ensuretimely project delivery for missing gaps and links in the system. 2. Goal - The trail system should be designed and implemented in such a manner as to protect the environment, the public safety, and welfare of the community. Specific Policies a. Trail crossings of major streets should be minimal and located at signalized intersections. b. The use of grade separated crossings (tunnels, bridges) should be used wherever feasible in order to reduce potential conflicts with vehicular traffic. C. When trail alignments are'adjacent to arterial streets,` provisions sh6uId be made to separate p=otential users from vehicular traffic by use of landscaping and fencing. When trails open onto public streets, specific design techniques to i 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 periodic flooding or erosion. e. Signage identifying trails and crossings should be minimal but located to meet I public safety requirements. f. General Plan trail alignments should not exceed a maximum gradient of eight percent; trail width may 'Mary 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. g. Where trail widths are at minimum ten feet (90'), 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 public, an open trail system may be used. The open trail should be clearly marked, but need not be fenced. i. The use of a switchback trail system should be discouraged, except when . j absolutely necessary. E j. Priority should be given to the physical separation of vehicular and trail users E ................................ where possible. 3. Goal - The trail system should be designed in such a manner as to respect the natural environment of the immediate area. Specific Policies a, Trail alignments should preserve existing vegetation by removing only as much as necessary to accommodate the trail. b. Vail 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 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. f. Ensure the plan and trail use are environmentally sensitive (water quality and :i 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 attached for housekeepingpurposes. 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. In response to these goals and policies, the City has developed specific standards for implementing the.trail system. E i t 3 1 F 16 DESIGN STANDARDS --GENERAL 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 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 designed to allow for restricted vehicle passage. Recreational Trails 1. Methods - visible evidence of trail construction should be confined to the trail width. Construction should attempt to make as little impact on the natural environment as possible. 2. Grades - Grades should be held to a maximum of 8 percent. Steep grades are tiring for hikers and horsemen and create erosion problems. Long, gradual switchbacks should be used rather than short, steep switchbacks. 3. Trail Construction - Generally, trail width should be 10' to 20' wide. The trail may be narrower if approved by the city, but under no circumstances less than 10'. The trail width should be determined by amount and intensity of use, as well as topography and vegetation. In order to reduce erosion and, therefore, maintenance problems, disturbance of the soil surface should be kept to a minimum. Only rocks, stumps, and roots which interfere with jpassage should be removed. j 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 result. Make transitions on all cuts so that the trail will be molded into the terrain. Construct the trail with provision for settling and sloughing. On side slopes, loose 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- 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 I 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. Goad pruning practices should be followed, including cutting branches off flush with the limb; and stems flush with the ground (see exhibit C). Stumps may be treated to prevent sprouting. Large limbs should be 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 17 and low shrubs should not be cleared except from the actual trail. Spot spraying with 3 herbicides is permissible when poison oak predominates or .hand pruning is ineffective in keeping trails clear. Where a trail is on a side slope, the vegetation on the uphill side wily be more invasive and should be cut back more severely than vegetation on the downhill side (see Exhibit D), Vegetation should be allowed to return to cut slopes to increase stability. Where appropriate, any replanting should be in conformance with land use development plans. Replant areas with vegetation indigenous to those areas or compatible with plantings already in place: i 5. Drainage - Drainage is the most important item in trail construction; it requires a special study of the precipitation, runoff, springs, and streams in the arra. Surface water must be divert6d from the trail's surface before it builds up to an erosive 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 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 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 clown-slope end of the pipe. The installation of rip-rap is to be placed, such that it does not conflict with the trail area. Avoid causing off-trail drainage problems, such as. erosion or siltation, by careful culvert placement. . 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 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 on a feeder trail (and only a feeder trail), providing that: a. The type of grass selected will not cause slippery conditions. E b. Irrigation system will be subterranean and watering time will be controlled to avoid water pools. c. The landscaped area will be maintained properly to the satisfaction of the City; i 18 I ......... .. ...... . 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 j will be removed by the property owner. 7, Structures ,- Structures may include water bars, drain pipes, retaining walls, bridges, 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. 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 may be avoided by selective location of the trail route, but there Will be cases where fencing is the only solution. Whenever fencing is required, the design shall be per the j City standard (see Exhibit H) and would generally include installation on both sides of i the trail. 9. Gates - Gates for trail users are a minimum of five feet wide, and must be self-closing. They may be constructed of wood or metal; wood blends more naturally with the environment, but metal gates are more durable. Vehicle gates shall be metal pipe, chain or equivalent-(see Exhibit 1). Wood or chain link are unacceptable. Vehicle gates should be securely locked. 1 g. 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 15' of trail width to accommodate the barrier and maintenance vehicle access. 11. Utilities - Utility boxes and vaults, manholes, pole lines or other above grade utilities shall be located outside the trail easement, l i n DESIGN STANDARDS --SIGNING 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. i 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 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 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 E white, regulation; and orange, construction and maintenance warning. E3. Size: Directional and warning signs should be large enough so that the copy is legible (2" high letters). 4. Location: i 5 gns 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 park of the fencing. Signing should be consolidated wherever possible; it is preferable to have one sign with three messages than three signs on three separate posts with three separate messages. However, types of signs should not be mixed; warning or regulatory signs especially should not be mixed with other types. I Highway signing location and height is established and can be found in the Manual on Uniform Traffic Control Devices (MUTCD) and the California Highway Design Manual. 5. Types of Signs: 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 4x4 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 E possible.. 20 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 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 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 Exhibit M). e. Intersection Design: Warning both the trail users and, motorists of intersections should be evaluated individually; Specific intersections will be designed in cooperation with the traffic engineer of the City. 1 II 'E E l j 3 E I E E I I ' i 21 i i DESIGN STANDARDS -- STAGING AREAS FOR REGIONAL. TRAILS - Trail Related Facilities 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 1 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 staginging area may be simply part of an existing park. Establishment of 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 9. Hiking and Riding Trails: i Char new vegetation growth through the use of small,mechanical tools and remove 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 damagedstructures as 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 the trail usable by service and fire vehicles, while making as little impact on the natural environment as possible. 3 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. 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 vehicles off recreational trails. 22 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 weatherconditions and provide input to the city when pack and trail closures are necessary. 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 passible. i Trail closures shall be as short as possible; repair shall be done promptly. The I 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: E Short sections of trails may require rerouting, due to landslides or other problems. 1 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 j construct it. DESIGN MANUAL ATTACHMENTS: TRAIL ACCESS ELEVATION TRAIL ACCESS PLAN EXHIBIT K THROUGH EXHIBIT M i 23 V cow Ji6ALvi Ads ? # J.I a-r F 71 if -, tE l , l t 24 lr L ' I i E ! ? € i k 2,� lam. �f 1`1tfi,3. I E 7 I ' I 25 ' E L i i I i 1 } I 1 1 I s i E 1 3 3 I I E , 26 W�'11CH iNt��kT 5LIC7'1 "t30WM " ©M'M TRAd�77ZAC, 2.1 5LOPF.-.v ... . WIDTH OF T?-Att_ VARMS VVrrH AMDJKT�T S 01' BSER 0 TOFOri&NPH r: TYPICAL. TRAIL CCN5TRUCT1 CSN E 1 ME7AL STAKF, '5=G" W1�I�S�bPE E DCqE STA 4 UZAT f Q.N P VIAE RAts.. MM 9 T' � , ON FHM AWN 1WE ` E�6i MOAfVrM Rte. � HEL O 041 ACE VWTH MOVAL. � STfLtCa'.� MUST K�FROTRPSMETAL ST�5, ?• 4' ov oK.taNyr« , AIN KE7VNI INAU . �r �i L M M T `'a: 3 J . . 3' Fl-K.Te OK 01%A. pax METAL STAKES Z'-ff R,R* TlE TERMCE,ST i I .��.Ttc�r•� ° Q ® C3 27 exhibit E exhibit 8 � Q SHOWN /,V 7'J?9;V5 �7V R fa"D/AMEi R TO 0a RV wrrayauT Gr r y r egHI r .LOW BMoWCp6 ANO 3 � M 1 •Y L VEqETATIOM CL��lflq FOR j 4 exhibit C W1'CH t.IM QR TfSEtP1t� ..+li7##TLY tiAbpl?�. R[ UAb d: lf+AIS� C W DPU. t i FKFEE FRUNI f MCTICE3 E r � E 28 r �rr 1 RAIL W{DTH exhibit D f F F i h . ©!�# UPHILL SIt? ? wr AT4E'ALL r 31-0101"77"4. wt77+IN .. LEAVE' Lata �Ww lffq 8 .�G °ar�a PRVNS B Ci4fiz W)414q VEgF.TAT Ori CLANQK SIDE SLOPES � am - „ ror rz• acoc�c W a WIP-04 9GTiq pQ A4 7R M,..Y. .w�.�. rsrl �n .,�t'iA777R�1E,�DCaC.p4{f'ylj,s. 1ttlD ;6CATL 00TOP L Z WATEF, DA' 1 MEVEnT EM510N I exhibit E exhibit F MAMIL7�4 aM ClIL3 ". `""`" ' {FCTA7J wr siza C�fMLIPA ow I=, TYPICAL DRi.NA�E 5MIN5TALLATION 29 i I i i i exhibit G 4W 44' 4t4& d14 Vol ST7E•9tG�Grb `�� �"'� JJ�/ tL7S7"Wf7'11 ��'At � ZdQlt&0#7W=C CDNf�E fps" 5�iffl�88ih J . '; 7L75 Pry AZ ��$AV041 V . ') #/'lam• 4�# Ll u EUMAMON t T SO P-46Y 14VIN14VR- a+77147ION SY A L.! i PLAM WCW SUPAWr [S MAI Ser ' O(WO NL S"&--*M AND &.FAON&- tIA�.L �r�en 8v j-ta,\Crc> 1 I i F 30 1 . TRAIL LOCATION, H. a within zcont set.oack 3 '0" P-6-77 all other iocataons 410" 210., 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. S. Fence shall be Free of bazar and have a natural finish. L. Over lao type rails shall be placed on trail side and secared a; 112" Galv. lag Bolts. j 7 Post shall be notc:no4_ to accomodate over lap rails . 8 . Fence shall be placed on outs. sides of trail,unless j otherwise noted. exhibit f r E i' a +�• � H 3 1"CARC AYR Wrom • .w..t. a.rt. .a.. .w a•.....w«.1.•..-.-.� yr%L 2 NOTCH RA . TYKE i "(W_ JAOTCR XTA11- 3 i "iYMCAL 4'DO . KAIL A SI 1&0 4-V WT � . i paw Z411 mk.Par pwm E t; Dw1.Ca4G. • • xss � 6'Dyt F�HlS �1Lk� 31 OVERLAP RAIL TYPE Rout as=w and lettess & PaIn t ? 1 t%J 4x4 Redsmd post, let weather 91 if �1 TRAIL 51qM exhibit J 1i exhibit i I 32 MEI y``ySTOP � AHEAA . ANNA 7 i f l exhibit L j I E � r ,.j StMN� iwIP�1'n;TtOn . 1 P.Gn+t •res i I .i - � rrm�SnMMr r k ' i 1 i i I 33 i PROPOSAL MULTI-USE TRAIL MAINTENANCE AND REPAIR SERVICES From: N Stewart and. Associates Inc. CONTRACTOR To the Honorable City Council City of Zan Juan Capistrano Gentlemen: 1 The undersigned, as proposer, declares that he/she has carefully examined the location j of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Said amounts are to include and cover all taxes, the performing of all the labor requisite j or proper 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 Specification's for the work. Contractor will be required to pay for permits on City projects. Contractor may invoice City for reimbursement of actual permit fee(s) only. Unit pricing amounts shall remain in place for the three (3) year term of the agreement. I 'It is anticipated that the chosen Proposer shall commence work on April 1, 2012. i i (lf 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.) Dated: 1 /30/2012 E Stewart and Associates, Inc. i Name Dated: 1 /30/2012 1000 Calle Negocio, San Clemente CA 92673 Business Address I Dated: 1 /30/2012 949-498.-9250 3 Telephone Dumber 953389 Contractor's License# I . eel@estewart.andassoc l.a'tes.corp E-mail..Address l j 34 EXHIBIT 3 Further, the undersigned proposer cer 'hies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of hislher knowledge and that they constitute his/her proposal for the work called out herein. Dated: 1/30[2012 E Stewart and -Associates; i Name ] Dated: 1/30/2412. 1040 Calle Negocio, San Clemente. CA 92673 Business Address 3 f Dated: 1 /30[201.2 949-498-9250 Telephone Number 953389 Contractor's License# ed@estewartandassociates.com E-Mail-Address E i , E €j E€ E E{ E`E {! ! { ] � n n t" ] l STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Edwin Stewart E Stewart and Associatesr Inc. PROPOSERS NAME COMPANY NAME 3000 Calle Negocio, San Clemente CA 92673 BUSINESS ADDRESS 949-498-9250 BUSINESS TELEPHONE NUMBER I ed@estewartandassociates.com BUSINESS E-MAIL ADDRESS 1. List at least six(6) Contracts of a similar type-either'currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT PUBLIC AND PHONE CONTRACT CONTRACT (ER( M AOENCYLCOMPANY .NUMBER TYPE AMOUNT 7 to City of Dennis Reed inland Present San Clemente 361 -8278 Trails 209 to City of Dennis Reed Beach Present San Clemente 361- 8278 Trail 2007 to City of Dennis Reed idgeline Present San Clemente 36.1-827.8 Trails 1995 to 2ity of San Juan David Hubler o contract I Present , Capistrano 443-6365 peri. Space I I - Signature i f E Stewart and Associates , Inc. 4 Company l 36 LtST OF EQUIPMENT E E THIS PAGE TO BE COMPLETED-BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Edwin Stewart E Stewart and Associates Inc Proposer's Name Company Name i 1001{ Calle Negocio, San Clemente CA 92673 Business.Address Business Telephone Number e ewa.rtandas.sociat E-Mail Address List equipment awned by the quofing.firm or sub-contractors that is available for use on this contract. Provide type, make and model year. Use add'itio'nal sheets if necessary: 991+ John Deere .3255 .4WD Rubber Tire TractQK 1991+ John .Deere 5.525 4 WD Rubber Tire Tractor j 1991+ 450. G John Deere Crawler with PTD 3 Point Hitch 1991+ CAT 289C Rubber Tracked Skidsteer with 72" Mower 1991+ 8` Three Point Hitch Scraper ISf9i+ 7 Three Point Hitch Scraper 1991_+ 9` Twin Rotary Mower 1991+ 8' Single Rotary Mower 1991+ 15`Tri le _hotary Mower . - 30 400 U Echo Weed Eaters with Attachements 1 Bobcat Hole Auer 6" to 32" ME--F-450 Crew Cab with Dump 2005 F-550 Crew Cab with Tool Box 2008 F-450 Crew Cab with Dump i nature - � r E Stewart and Aso Company 1 37 LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Edwin Stewart E Stewart and Associates Inc. Proposers Name Company Name 1000 Calle Ne ocio, San Clemente CA 92673 Business Address 949-498-9250 Business Telephone Number ed@estewartandassociat.es.com E-mail Address Name Address Phone Type of Work E No subcontractors will be used. r 3 i j I ' Igria��sre E Stewart and Associates, Inc. Company- j j l {f{ I a& i CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS i i i The CITY has been advised that the-Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the -laborers involved, and with Callomia Labor Cade Section 1770 et seq_.,. including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to i enforce the same as against the CONTRACTOR. i i 1, Edwin W. Stewart understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et serf,_, including the' keeping of records required by the ,provisions of Labor Code Section 1776 and with imalementation'of administrative regulations. �. 1 /30/2,012 M ! Cate Signature E Edwin W. Stewart CECT Name and Title "1 E Stewart and Associates, Inc. ' Company Name 953389 I� Contractor's License# 1 i 1 i 3 39 CITY OF SAID.ICIAN CAPISTRANO N IULTii-USE TRAIL II JUNTENANCE AND REPAIR SERVICES 2012 F SURFACE MAINTENANCE REGULAR ENlIERGENCY HOURLY RATE HOURLY RATE' Weedin Handwork Per Man $15.00 $15.00 -Weedin ovdg $55«00 $55.00 Rut Fillip /Leveling $55.00 $55.00 E Gradin minor washouts $55.00 $55.00 E FENCING s 4 Remove &R lace Per Section $87.00 $87.00 Installation "Ont " Per Section* $75.00 $75.00 Re 4ir Hourl Per 2-Man Crew $115.00 *-Section detail shown In Exhibit-H of the£Ity of-San Juan Capistrano Recreational Tral is Plan-Design Manual (Attachment 4) Emergency Hourly Rate shall apply after regular business hours,weekends, and holidays-response time is required within 24 hours{including weekends and [ -holiday-F. I ICNATURE DATE T ste art and Associates, Inc. 3 COMPANY 3 - 3 1 ! i I i i I 40 i i 3/612(312 AGENDA REPORT � D11 TO: Karen P. Brust, City llln FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Personal Services Agreement for Multi-Use Trail Maintenance and Repair Services (E. Stewart and Associates, Inc.) RECOMMENDATION: By motion, approve the Personal Services Agreement with E. Stewart and Associates, Inc. to provide Multi-Use Trail Maintenance and Repair Services for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget. SITUATION: Summary and Recommendation: To provide for a safe and aesthetically pleasing environment for the residents and visitors of San Juan Capistrano, the City performs regular maintenance on approximately 43 miles of multi-use trails located throughout the City. Based on results of the Request for Proposals sent out in January 2012, staff is recommending City Council approval of a Personal Services Agreement with E. Stewart and Associates, Inc. The Agreement term is for three years (April 1, 2012, through March 31, 2015) with three (3) one-year optional extensions at the City's discretion and demonstration of superior performance by the vendor. This agreement is subject to an annual "not to exceed" dollar amount determined by funding availability in the City's approved operating budget. Background: Trail maintenance has been performed by E. Stewart and Associates, Inc. on an on-call basis for the past sixteen years. Staff issued a Request for Proposals (RFP) to seven contractors and posted the RFP on the City's website. Four proposals were received: E. Stewart and Associates, Inc., Kuno's Grading, Inc., Earthco Commercial Landscape, and Goodwin Enterprises, Inc. One proposer, Goodwin Enterprises, Inc., was disqualified as its proposal did not state hourly rates as requested. A comparison of the three qualified responses indicates the lowest overall pricing for both regular hourly rate and emergency hourly rate is the E. Stewart and Associates, Inc. proposal, as shown on Page 2. Therefore staff recommends approval of the Personal Services Agreement with E. Stewart and Associates, Inc. Agenda Report Page 2 March 6, 2012 The scope of work includes as-needed maintenance services including, but not limited to, handwork, mowing, rut filling and leveling, and minor grading for the City's 43 miles of multi-use trails, following the guidelines as set forth in the City of San Juan Capistrano's Recreational Trail Plan Design Manual. Hourly rates as noted include labor, material and equipment required to perform typical maintenance and repair on the City's trails. Large projects and new trails will be bid out separately as required. Personal Services Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. E.Stewart art and Associates, Kuno's Grading,Inc. Earthco Commercial Inc. Landscape REGULAR EMERGENCY REGULAR EMERGENCY REGULAR EMERGENCY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY RATE RATE RATE RATE RATE RATE SURFACE MAINTENANCE - - Weeding (Handwork), Per $15 $15 $60 $90 $35 $70 Man Weeding (Mowing) $55 $55 $117 $155 $195 $320 Rut Filling/Leveling $55 $55 $135 $165 $199 $374 Grading (minor $55 $55 $175 $210 $189 $394 washouts) FENCING Remove & Replace $87 $87 $65 $95 $105 $208 (Per Section*) Installation "Only" $75 $75 $90 $120 $105 $208 (Per Section*) Repair (Hourly), Per $115 $115 $220 $280 $200 $396 2-Man Crew *-Section detail shown in Exhibit H of the City of San Juan Capistrano Recreational Trails flan— Design Manual Emergency Hourly Rate shall apply after regular business Flours,weekends, and holidays— response time is required within 24 hours (including weekends and holidays). Company Qualifications E. Stewart and Associates, Inc. is based in San Clemente, California, and has provided trail maintenance and related services to the City for the past sixteen years. They have a solid reputation and staff is satisfied with this company's ability to provide quality work and be responsive to City needs. They also currently provide trail maintenance services for the City of San Clemente. Agenda Report Page 3 March 6, 2012 COMM ISS IONIBOARD REVIEW AND RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: There is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for multi-use trail maintenance and repair services" clause included in Section 3.1 of the Personal Services Agreement. The current Fiscal Year 2011/2012 adopted budget includes $153,000 for trail maintenance and repair. NOTIFICATIONS: E. Stewart and Associates, Inc. Kuno's Grading, Inc. Earthco Commercial Landscape Goodwin Enterprises, Inc. RECOMMENDATION: By motion, approve the Personal Services Agreement with E. Stewart and Associates, Inc. to provide Multi-use Trail Maintenance and Repair Services for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget. Respectfully submitted, Prepared Nasser Abbaszadeh, PE ,till Thomas Public Works Director Senior Management Analyst Attachment(s): 1. Personal Services Agreement -- E. Stewart and Associates, Inc. 2. Kuno's Grading Pricing Proposal 3. Earthco Commercial Landscape Pricing Proposal PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and E. Stewart and Associates, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide multi-use trail maintenance and repair services; 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," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on April 1, 2012. This Agreement shall be for a(3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. The Agreement shall terminate March 31, 2018. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for multi-use trail maintenance and repair services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 1 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown 2 conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 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, Not Applicable. Section 12. Not Applicable. Section 13, Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor,Con tractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractors responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. 3 On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor, Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. . 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 'Workers' 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 4 14.5 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. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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 shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days` notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673 Attn: Edwin W. Stewart 5 Section 17. Prevailing Wades. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 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"). 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. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Larry Kramer, Mayor CONTRACTOR Edwin Stewart ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: CYA-A UA J 10,446�f Omar Sand yal, City Attorney 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done { Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide labor, material and equipment to perform Multi-Use Trail Maintenance and Repair Services throughout the City of San Juan Capistrano. Typical maintenance work shall include, but not limited to the tasks listed below in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the trail maintenance and repair work may �[ vary according to need. This contract covers multi-use trail maintenance and repair services. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas j of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. s Surface Maintenance Definitions Handwork—by mechanical methods (weed eaters, mowers, etc.) Mowing —by tractor/mowing methods (rubber tire, crawler, with flail/rotary mower, etc.) Rut Filling/Leveling _ by tractor/scraper methods (rubber tire, crawler with grader/scraper) Gradin Minor Washouts Grading ( ) — by tractor/scraper methods (rubber tire, crawler with grader/scraper, loader bucket, etc.) Authorization of Work I Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Time of Completion i - j Upon notification by the Public Works Director or authorized representative, the contractor shall proceed immediately with the work. The City will not tolerate projects that have been started and left idle. Work shall commence and proceed daily without interruption until completed. i 1 - EXHIBIT A I Response Process 1 The Contractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 2. The City will be charged according to the "Service Category„ requested and as listed on the Proposer Bid Sheet (Regular Hourly Rate or Emergency Hourly Rate). 3. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after hours. 4. Contractor will notify the Director of Public Works or authorized representative upon completion of work. Notification shall be within eight (8) hours of completion of assigned task. 5. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. Progress of Work E Work shall proceed in an orderly manner. Wherever possible, any repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. i Alterations The 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 City. The Public Works Director or authorized representative may make such . j 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 Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. E 3 If during the course of work the contractor experiences a conflict with the plans/scope of work, the contractor shall notify the Director of Public Works or authorized representative before proceeding with said work. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. z i Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. At a minimum the detail shall include the following: the date of the service call, service location, a copy of the Work Order if applicable, the applicable hourly rate, arrival time on-site, time service call was completed, total time on site, and total charges for the service call. Work Orders The Public Works Director or authorized representative will place all requests 'for service directly to the Contractor by written Work Order or via telephone call or electronic mail. The Public Works Director or authorized representative reserves the right to request from the Contractor a written cost estimate before authorizing the work. The Contractor shall respond with a cost estimate within 24 hours, excluding weekend and holiday. E Response Time All maintenance services shall be completed within a reasonable and expedient manner, based on the severity of the request. Response Process After initial contact and after "authorization to proceed" is given by the Public Works Director or authorized representative, the Contractor shall respond accordingly. 6. The Contractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 7. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after hours. 8. Contractor will notify the Director of Public Works or authorized representative upon completion of work. Notification shall be within twenty-four (24) hours of completion of assigned task.' 9. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. METHOD OF WORK Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statutes. Unless the 3 means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the industry. All work shall be performed per the Standard Specifications for Public Works E Construction (Green Book), Latest Edition. All work shall comply with the applicable licensing, City of San Juan Capistrano Design Manual — Equestrian and Hiking Trails, and/or all local or city ordinances, whatever may apply. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. 3 Rubbish and construction debris shall be disposed of to an approved dump site. After 1 removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized i representative. The Contractor shall verify the location of all utilities prior to construction, repair or Jmaintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during some excavations. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. The City has adopted Best Management Practices for municipal fixed facilities and field programs. The Contractor should review them and be familiar with them, using the appropriate BMP's as they apply, depending on required work and situation. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. The following is a list of current BMP's, located on the City's website www.sanivanca astrano.or ): Building Maintenance and Repair Equipment Maintenance and Repair Fueling f Landscape— Fixed Facility i 4 Material Loading and Unloading Material Storage, Handling, and Disposal Minor Construction Parking Lot Maintenance Spill Prevention and Control Vehicle and Equipment Cleaning Vehicle and Equipment Storage Waste Handling and Disposal Lake Management Landscape Maintenance (Field) Roads, Streets, and Highway Operation and Maintenance Sidewalk, Plaza, and Fountain Maintenance and Cleaning Solid Waste Handling Water and Sewer Utility Operation and Maintenance i During construction the Contractor shall provide street sweeping as necessary to meet the requireme nts of the City of San Juan Capistrano National Pollution Discharge [ Elimination System Program (NPDES). Protection of Existing Utilities 3 The Contractor must take all due precautionary measures to protect all of the existing E 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 E 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 (1-800-422-4133). i Contract Termination If at an time in the opinion f y p n o the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of ! proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power i to terminate all or any portion of the contract. f Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. i i 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 1 ! 3. Payment for extra work will. be based on actual cost of labor; plus wholesale cost , ! of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Warks Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this j agreement. Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by f submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters j encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. f Protection of Private Propertv 1 The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas j Contractor shall protect property and facilities adjacent to the maintenance areas and all J property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately ! owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shalt conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. i i i s Weekly Reporting Contractor shall make weakly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly fog sheet showing the names, dates, and Fours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the. Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not ? performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to the Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties_ for as long as the contract is I in effect to discuss any problems/concerns which may arise and any goals for the day/week. E i i i I E GENERAL, PROVISIONS REQUIREMENTS PERSONNELEQUIPMENT MATERIALS AND SUPERVISION f REQUIREMENTS i a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub-contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. i g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract, h) Contractor shall be responsible for Contractor's compliance in all respects with �f the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. i No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices (for normal work rates, not emergency work rates); Statement of Experience, Statement of Equipment, List of Sub-Contractors/Vendors and all provisions f ', a noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to' one or more E contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for j further information, if desired. City representatives will be available to -answer questions. m) Contractor shall protect any and ail 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. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any j respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL f The contractor shall use and furnish a workforce necessary for the satisfactory J performance for the work set forth in this contract. 1 (a) Contractor's Employees i I E The 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 toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee. f 3 9 i I (b) Employee Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include.uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks 3 Contractor shall supply employees with the shills to perform various semi-skilled duties in connection with multi-use trail maintenance and repair operations a variety of hand and power tools for purposes of maintaining public facilities and operating equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the multi- use trail maintenance and repair field, (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a general knowledge of the multi-use trail 3 maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner 1 EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. 1 (c) Storage of Equipment The 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 Public Works Director or 2 authorized representafve. MATERIALS l i The City will purchase and store all materials that are used in the City for the purpose of trail fencing repair and installation (rails, posts, nuts, bolts, washers and other essential hardware necessary for fence installation). SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing p g g supervision of workmanship and adherence to schedules by the employees performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit { such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while.work is in progress. ! TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION 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 which threatens to cause damage to any City property. -, In addition, the Contractor shall employ persons) to answer telephone and e-mail l complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7030 A.M. to 5:30 P.M., Monday through Friday. 1 z, Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact 1 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. E EMERGENCY MEDICAL FACILITY The successful proposer is required to 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 I transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. i i t { i i i I 12 I CITY OF SAN JUAN CAFISTRANO RECREATIONAL TRAILS PLAN I DESIGN MANUAL Revised 2011 i F IEi I f i I I1 i { .f I �s City of San Juan Capistrano Recreational Trails Pian 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 JuanCapistranoGeneral 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. TRAILS FACTS j 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 « Belford (Arroyo to Ortega; Ortega to Rancho Madrina, Eleganica to Rancho Madrina): 0.85 mile f « Trabuca Creek/North Open Space (Oso Rd to Camino Capistrano): 0.€30 mile « North Colinas_ Ridge (Los Padres to north City limit): 9.40 miles j Siega Trail: 0.20 mite i Also, from time to time, segments of the system are temporarily closed due to damage or construction work. t E INTRODUCTION i 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 design standards contained herewith have been prepared to achieve the following goals and policies: 1. Goal - The trail system should provide for a continuous passage from ail areas of the City zoned for equestrian use. E Specific Policies a. Wherever possible, General Plan trail alignments should use existing paths and/or unimproved roads (i.e., maintenance roads, flood control berms, unused access roads, etc.). b. Trails should have a relationship to identifiable designation points of interest to both hiking and equestrian users. C. Trail alignments should be compatible with existing and future land uses d. Alignments should minimize potential impacts on non-equestrian areas. 14 e. Trail alignments should provide an interconnect system with the adopted Orange County Master Trail System arta State of California Trail System developed adjacent to the City. f. Trail alignments, when included as a part of the County.lulaster Trail System, and located within the City, should be generally consistent in both location and design. g. Trail alignments should connect community parks and recreation facilities. h. Identify, prioritize, secure funding, and ensure timely project delivery for missing gaps and links in the system. 2. Goal - The trail system should be designed and implemented in such a manner as to protect the environment, the public safety, and welfare of the community. S�ecrfic Policies -- a. Trail crossings of major streets should be minimal and located at signalized intersections. b. The use of grade separated crossings (tunnels, bridges) should be used wherever i feasible in order to reduce potential conflicts with vehicular traffic. 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. i j d. Trails should not be aligned in such a manner as to make them susceptible to periodic flooding or erosion, i ' f e. Signage identifying trails and crossings should be minimal but located to meet I public safety requirements. j 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. f ' g. Where trail widths are at minimum ten feet (10'), the system should be fenced 1 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 public, an open trail system may be used. The open trail should be clearly marked, but need not be fenced. L 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 T� where possible. 3. Gaal - The trail system should be designed in such a manner as to respect the natural environment of the immediate area. Specific Policies { a. Trail alignments should preserve existing vegetation by removing only as much as necessary to accommodate the trail. 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 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 I vegetation in the immediate area. 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 „Equestrian Related Water Quality Best Management Practices" policy is 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. In response to these goals and policies, the City has developed specific standards for Implementing the trail system. j ! I. E it I 11 16 DESIGN STANDARDS --GENERAL 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 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 designed to allow for restricted vehicle passage. Recreational Trails 1. Methods - visible evidence of trail construction should be confined to the trail width. Construction should attempt to make as little impact on the natural environment as j possible. 2. Grades - Grades should be held to a maximum of 8 percent. Steep grades are tiring for hikers and horsemen and create erosion problems. Long, gradual switchbacks should be used rather than short, steep switchbacks. 3. Trail Construction - Generally, trail width should be 10' to 20' wide. The trail may be narrower if approved by the city, but under no circumstances less than 10'. The trail width should be determined by amount and intensity of use, as well as topography and vegetation. In order to reduce erosion and, therefore, maintenance problems, disturbance of the soil surface should be kept to a minimum. Only rocks, stumps, and roots which interfere with passage should be removed. E The degree of cut allowed on a slope depends on the soil type, hardness, etc. Make i slope cuts at a minimum of 2:1, but not so steep that erosion or loss of stability will I result. Make transitions on all cuts so that the trail will be molded into the terrain. Construct the trail with provision for settling and sloughing. On side slopes, loose 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 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 E A). 4. Ve etation 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 (see exhibit C). Stumps may be treated to prevent sprouting. Large limbs should be 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 17 and low shrubs should not be cleared except from the actual trail. Spot spraying with herbicides is permissible when poison oak predominates or .hand pruning is ineffective in keeping trails clear. Where a trail is on a side slope, the vegetation on the uphill side will be more I invasive and should be' cut back more severely than vegetation on the downhill side (see Exhibit D). Vegetation should be allowed to return to cut slopes to increase stability. Where appropriate, any replanting should be in conformance with land use development f plans. Replant areas with vegetation indigenous to those areas or compatible with i plantings already in place. 5. Dra_„__.,,inage - Drainage is the most important item in trail construction; it requires a 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 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 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 drainpipe system is used, it is I 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 dowry-slope end of the pipe. The installation of rip-rap is to be placed, such that it does not conflict with the trail area. Avoid causing off-trail drainage problems, such as. erosion or siltation, by careful culvert placement. 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 f 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 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 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. C. The landscaped area will be maintained properly to the satisfaction of the City; 18 i 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 will be removed by the property owner. 7. Structures Structures may include water bars, drain pipes, retaining walls, bridges, 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 unproved 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. 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 may be avoided by selective location of the trail route, but there Will be cases where fencing is the only solution. Whenever fencing is required, the design shall be per the City standard (see Exhibit H) and would generally include installation on both sides of the trail. 9. Gates - Gates for trail users are a minimum of five feet wide, and must be self-closing. They may be constructed of wood or metal; wood blends more naturally with the 3 environment, but metal gates are more durable. Vehicle gates shall be metal pipe, chain or equivalent-(see Exhibit 1). Wood or chain link are unacceptable. Vehicle gates should be securely locked. C 10. Barriers - A trail can be made difficult to motorcyclists by creating a log barrier at the entrance (see Exhibit l) or by leaving fallen logs on the trails. These are difficult to I 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. 11. Utilities - Utility boxes and vaults, manholes, pole lines or other above grade utilities shall be located outside the trail easement. i I i 19 DESIGN STANDARDS --SIGNING The following guidelines show examples of signs which may be used on Trails. Each sign k 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. 9. 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 highway signs are used. i 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 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. I 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 j 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. Highway signing location and height is established and can be found in the Manual on i Uniform Traffic Control Devices (MUTCD) and the California Highway Design Manual. 5. Types of Signs: 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.. I 20 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 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 L). 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 Exhibit M). e. Intersection Design: Warning both the trail users and motorists of intersections should be evaluated individually; Specific intersections will be designed in cooperation with the traffic engineer of the City. a E i II I i f ! i E F 21 DESIGN STANDARDS -- STAGING AREAS FOR REGIONAL. TRAILS - Trail Related Facilities 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 00 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 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 j 'I. Hiking and Riding Trails: Char new vegetation growth through the use of small mechanical tools and remove 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 damagedstructures as 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 the trail usable by service and fire vehicles, while making as little impact on the natural environment as possible. To preserve fire and service trails, they should not be used during the rainy season .j except for emergencies. Any damage done during the rainy season should be repaired immediately. 3. Safety and Enforcement 3 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 vehicles off recreational trails. i i 22 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 weatherconditions and provide input to the city when pack and trail closures are necessary. i 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 j points, and blocked to use where possible. 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. E 2. Permanent Trail Closures: E Short sections of trails may require re routing, due to landslides or other problems. ( 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. DESIGN MANUAL ATTACHMENTS: TRAIL ACCESS ELEVATION TRAIL ACCESS PLAN EXHIBIT K THROUGH EXHIBIT M 23 t .I l rZvo 1i (o IA V 24 6A Lv it- j I i s i VAw�;�� i A' ~fin"' x"'.+!. �� •„"f;bI 1S • �1.tkrJ ! 24 lot) f IF _ I pie F , E E ` � �t C-� � (!7F ��tJ• i 3 . 25 I 1 f Ii 1 i E E r E E� i t E 3 i 1 3f , E i } 26 ye-REMOVE ALJ— L003f. GeMa, WhICH �clk-r 6LIV oowm T'RA ( KTo IL.I?ZA%D. 2:1 5LOPE—v TO lot j" }f!!EM OF. TKAti_ YAAM5 W" �r-r r 1-fps or user ToFy tr TYPICAL TRAIL. CON57RUCT CSN f " WC��, tri"dia. i .t�:At�4Cq�P�i C9f�5"C7Jl �. hMTA(- Sri, ' =!ql v l st.c�PE �C"TRAL. F"ce EDCIE 5T"AD4L ZATION P�avt 5lt" L.O . Of-,AMM.,A CUT "MGA. Z' � 04 M-ACG w(TH te t` "''� M��T ixx K . MOTE' STA.'CE5 tAV5T t4oT NAE"i"ANR �F. A � ` 4-4'r OfLLcq" RETAIN Waw (orTIL HfJrGHT 5'1a: 3' c7ff"i K. . 6°Ira. POLE a METAL STAKE-$ X-0 OK Lc% 0 r" rn R,Rl TIE i ST ;or hl NNq-R[PlNq T�N L-5 a 27 exhibit exhibit � Q IHOW •/�K7 TRY'S OVA:�o•fp/RntE�'R [ WrrH6Ur G17y Pr=KHrr .N t L � 3 V E TAT I V N CL f�lfj FOR + ' t' i i j exhibit W�ON� WITH uM [1P,TF;Etr4K3�AKTL xAX1 D01J5. LAFNq E [..l fto. ?&wCVTSwone e n�g p � r p �"' ( PRO E� t �V � f MLT10E 28 I RAIL WIDTH "MIM AgeA exhibit D E 3 ©N UPHILL, SIDS Cv7 McK SEYl / i451rIKtJ W17HIiY ► 3=0`df TRAIL LZAIZ 40WW A 0 !ffq ON 0OWNHILl- dffCN,osar . ! 81�41Y f VEgF-TpmON CLEPAl-Nom SIDE SLOPF5 a � QCs i'+urT'JSS l Wf pTF! y ` M it110 C ' � G�ivC ,Ce�'xs"ts�.wotx #� f=W.Nr +. i hTEf� DAA P�EVEMT EP0510N i exhibit E I ( exhibit jjj L44�5 �uC�P4C TtC J •.ti iiF-+ S�..aP�3 ,4 s ore`"• ,o KI P•4+P WMA.:. oaeaw s OF CULOMMr or =4 Ot'v�r'.tg ,�Mw«neCYs (Avt2s*W cr,%5tw.) TYPICAL DRNNA�I 5YTK MI'ALL�TION 29 1 �I exhibit G k 4sj� 4t4* i E! I i T Oryx �rtr4 4410 g a 4Ab CrK 4 014M.a['rArrL+t y 11' +► '- „ . SHOWN r + Tv 4E4M ivr7?!?-6'd IA1frt'W-ir aX7v ,ALZ ,7 SYMN AWN ^!EzNo . 4&MEMS 7d t v�W rete. HA&W IoVDIVIL M/ — -*77A 7704 SY A U I ";4�L r4�:'�.�zJ�tk'i uV.��• �� o�GALVANfz� �3G1. + rraaA cam. P� Ward su?FOXr Secs kAY Ser W'000 Ot sTu&--*ZE Aqr>6FA- & sH,a" '&-' 3 FOOT# HORSE E5RIPqE I I E f ]]3 7 30 I • 1 . TRAIL LOCATION, H a within Iront �'."�. . setoack 3 '0•r lrb" all ether iocata.ons 410" 2 '0" 2 . This standard shall apply to all equestrian/hiki, trails. 3. Fencing shall be of lodge pole variety or equivalent. 4 . Fence shall be pressure treated penn,tagged as such. S. fence shall be free of bark and have a natural finish. W . Over lao type rails shall be placed on trail side and secared 1/2" Galv. lag Bolts . 7 . Post shall be notcr,4C: to accomodate over lag rails . 8 . Fence shall be placed on oot�. sides of trail,unless othervise nn-ted. exhibit H i 3 a • 411 POST '1"'{F aL FOOT'WC, y" kL NOTCH RSL TYPE "'k"Crl9 s WT Q I • q G�.alS y �"Od 4�btY TOCAL,. Rout arrow and letters & paint {� 4x4 Aedwod po=s let weather 5TMDP�RD TRAIL 5IqN exhibit J gt� 1 �t M ££ 177 I exhibit K E 32 OAHE STOP �AHEAQ t - I � E exhibit L 1 i I j - i �� � �nmrmitaOn SewN i t � 7wlwprtprtP I 7/i�f PjfIPf1N j T E ` hlb �M . r• I 33 PROPOSAL MULTI-USE TRAIL MAINTENANCE AND REPAIR SERVICES From: E Stewart and Associates Inc_ CONTRACTOR To the Honorable City Council City of Zan Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location j of the proposed work as described, examined the Specifications and General j Provisions, read the Instructions to proposers, and, is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete E said contract in accordance with the Contract Documents for the following: i' Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper 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 Sr)ecifiications for the work. Contractor will be required to pay for permits on City projects. Contractor may invoice City for reimbursement of actual permit fee(s) only. Unit pricing amounts shall remain in place for the three 0) year term of the agreement. 'It is anticipated that the chosen Proposer shall commence work on April 1, 2012. i € (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.) Dated: 1/30/2012 E Stewart and Associates, Inc. i Name Dated: 1/301/2012 1000 Calle Negocio, San Clemente CA 92673 Business Address Dated: 1 /30/2012 949-49a-9250 Telephone Number 953389 Contractor's License# i ed@estewartandassocia.tes.com E-mail-Address i 34 EXHIBIT 2 Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute histher proposal for the work called out herein. Dated: 1 /30/"2012 E Stewart and -Associates , Name Dated: 1/30/2012 1000 Calle Negocio, San Clemente CA 92673 Business Address Dated: 1130/'2012 949-498--9250 Telephone Number 953389 Contractor's License# I ed@estewarta.ndassociates,com E-M.ail:Address I i 3 I� i f ' 1 1 3 i E f .j i E 35 s STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS j PART OF QUOTATION. i Edwin Stewart E Stewart and Associatesr Inc. PROPOSER'S.NAME COMPANY NAME I 1000 Calle Negocio, San Clemente CA 92673 I BUSINESS.`ADDRESS i 949-498--9250 f BUSINESS TELEPHONE NUMBER ed@estewar'tandassociates.com BUSINESS E-MAIL ADDRESS 1. List at least six(S) Contracts of a similar type-either currently held or held within the past 24 months. I PERIOD OF CONTACT NAME I CONTRACT PUBLIC ,AND PHONE CONTRACT CONTRACT FR®IiIII/TO AC�ENCYfCC3F PANY .NUMBER TYPE AMOUNT 7 to City of Dennis Reed Inland j Present San Clemente 361-8278 Trails 009 to City of Dennis Reed Beach f Present San Clemente 351- 278 . Trail 71 2007 to City of Dennis Meed idgeline Present San Clemente 36.1-8278 Trails i 1995 to Zity of San Juan David Rubler No contract j Present .. Capistrano 443-6365 pen Space I E Signature E Stewart and Associates , Inc. Company i i 36 LIST OF EQUIPMENT THIS PAGE T4 BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART CP QUOTATION. Edwin Stewart E Stewart and Associates Inc. Proposer's Name Company Name 1000 Calle Negocio, San Clemente CA 92673 Business/address I 949- Business 49 -Business Telephone Number 3 I e -s-te tTartanda.sgocla i E-Mail Address f E w Listequipment owned by the quoting firm or sub-contractors that is available for use on this contractProvide type, make and model year. Use add'ft' nal sheets if necessary. 991+ John Deere .3255 .4WD Rubber Tire Tractor 1991 - John -Deere 5525 4 WD Rubber Tire Tractor 1991+ 450 G John Deere Crawler with PTO 3 Point Hatch 1991+ CAT 2890 Rubber Tracked Skids -er with 72" Mower 1991 + 8' Three Point Hitch Scraper TPi- 7 Three Point ditch Scraper 1991-+ 9' Twin Rotary Mower 1991+ 8' Single Rotary Mower 1991+ 15'Tri le_,Rotar mower i 38 400 U Echo Weed Eaters with Att achements 1 Bobcat Hole Auer6" to 32" 26-0 F-450 Crew 'Cab with Dump 2005 F-550 Crew Cab with Tool Box 2008 F--450 Crew Cab with Dump i nature I Y E Stewart and AsfigCiatea. i Company i i I I 37 I LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION.. Edwin Stewart E Stewart and Associates Inc. Proposer's name Company Name 1000 Calle Ne ocio, San Clemente CA 92573 Business Address 949-498-9250 Business Telephone Number , ed@estewartandassociates.com E-mail Address � y 1 Name Address Phone Tyne of Work 3 ' No subcontractors will be used. i i k } . I E f 3 3 E E fI - E 1 4ignature I E Stewart and Associates, Inc. Company- i 38 i CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS. I The CITY has been advised that the Prevailing Wades Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevairng wade rates to all the -laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. i - Edwin W Stewart understand that I shall be responsible for compliance in all respects with the prevailing wage rates to ail the laborers involved, and with California Labor Code Section 1770 et sect., including the keeping of records required by the .provisions of Labor Code Section 1776 and with implementation'ofadministrative regulations. i 1 /30/2012 �, �;t).4�� Date 4;�g ' i I Edwin W. Stewart CEO r Name and Title i E Stewart and Associates, Inc. Company Name 9��389 Contractor's License# I i j i I� 39 CITY OF SANJUAN CAPISTRANO MULTI-USE TRAIL MAINTENANCE AND PEPA1R SERVICES 2012 SURFACE MAINTENANCE REGULAR EMERGENCY HOURLY RATE HOURLY RATE WeWin Handwork Peer Man $15.00 $ 5.00 i -Weeding owin $55.00 $55.00 Ruffilling/Leveling $55.00 $55.00 f Gradin minor washouts $55.00 $55.00 J FENCING f Remove&Re lace For Sectlor $87.00 $87.00 Installation "Ont Per Section* $75.00 $75.00 Repair ourl Per 2-Man Crew $115.00 $115.00 *-,Section detail shown in Exhibit"H of the City of-San Juan Capistrano Recreatianat Trails Plan-Design Manual (Attachment 4) t Emergency Hourly Rate shall apply after regular business hours,weekends,and nolidays-response time is required withi - E yf_ i CITY OF SAN JUAN CAPISTRANO MULTI-USE TRAIL MAINTENANCE AND REPAIR SERVICES 2012 Sk IRFACE MAINTENANCE REGULAR EMERGENCY HOURLY-RATE HOURLY RATE.' Weeding Handwork _Per Man ao 00Weedin Mowin Rut Fillip levelin CO Grading tminor Washoutsp° FENCING Remove& Re lace Per Section Installation "Only" Per Section . °A Re air Hourl Per 2-Man Crew a° *-Section detail shaven in Exhibit H of the City of San Juan Capistrano Recreational Trails Plan—Design Manual (A,tlachment 4) Emergency Hourly Rate shall apply alter regular bu iness hours,weekends, and holidays response time is required within 24 hours (including weekends and holidays). SIGNATURE BATE Acc COMPANY ATTACHMENT 2 i j' 2 } CITYQF SAM JUAN CAPISTRA IO s MULTI-USE TRAIL MAINTENANCE AND REPAIR SERVICES 20'12 SURFACE MAINTENANCE REE EMERGENCY HOURLY RATE HOURLY RATE Veedin Handwortc Per Man 35 .0'0 70. 00 Weeding (Mowing) 195 .00 320 . 00 Rut Filling/Leveling Filling/Leveling199. 00 374 . 00 Gradin miner washouts 189. 00 394 . 00 FENCING Remove& Re lace jPer Section*) 105 .00 208 . 00 Installation "Onl " Per Section` 105. 00 208 . 00 Re air(Hourly), Per 2-Man Crew 200.00 396.00 *-Section detail shown in Exhibit H of the City of Saiz Juan Capistrano Recreational Trails Plan — Design Manual (Attachment 4.) Emergency Hourly Rate shall appy after regular business Fours, weekends, and holidays—response time is required within 24E hours (including weekends and holidays). SIGNATURE ®ATE COMPANY ATTACHMENT 3 32400 PASEO ADIELANTO ;i MEMBERS OF THE CrTY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ii`' �. _ SAM ALLEVATO (949)493-1171 [a[aaPoaaa[a t_AURAFREESE (949)493-1053 FAx � [sYaausn[n � ���� LARRY www.sanjuancapistrano.org 1776 DEREK ER REEVE JOHN TAYLOR TRANSMITTAL To: E. Stewart & Associates, Inc. Attn: Edwin W. Stewart 1000 Calle Negocio San Clemente, CA 92673 ®ATE: March 8, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement— Multi-use Trail Maintenance and Repair Services Thank you for maintaining documentation confirming compliance with the terms of the agreements related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949) 443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to enhance the Future Printed on 100%recycted paper Christy Jakl From: Christy Jakl Sent: Thursday, March 08, 2012 9:24 AM To: Jill Thomas Subject: Stewart &Associates PSA Attachments: 12-0306 Stewart &Associates PSA.pdf Good Morning, Attached is the executed PSA with Stewart & Associates approved at the 3/6 City Council meeting. Thanks!! Uirist? Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 Today's Date:O—I r , -ting (ll >PPIy) xney -ager clerk CONTRACT TRANSMITTAL CIP No. (if any): Ito, Project Manager's Last Name: J 1 r \v - y 41 5 Phone Extension: b9;lw-- Council or CRA Meeting Date (if applicable): (2 - ��f//•, APPROVING AUTHORITY: (Check One) Y� Mayor CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Names Street city St Zi OTHER INSTRUCTIONS: (-IF www z