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20-1102_E. STEWART & ASSOCIATES, INC._E11_Agenda ReportCity of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Jill Thomas, Senior Management Analyst DATE: November 2, 2020 SUBJECT: Resolution Waiving the Formal Request for Proposals (RFP) or Request for Qualifications (RFQ) Process, and Approval of Amendment No. 3 to the Maintenance Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle Abatement (E. Stewart and Associates, Inc.) RECOMMENDATION: 1.Adopt a Resolution waiving the formal RFP/RFQ process; and, 2.Approve and authorize the City Manager to execute Amendment No. 3 to the Maintenance Services Agreement with E. Stewart and Associates, Inc., for weed, rubbish, thistle abatement, and winter preparation services at current unit pricing for an additional five-year term beginning January 1, 2021, and ending December 31, 2025. EXECUTIVE SUMMARY: The current agreement for weed, rubbish, winter preparation and thistle abatement with E. Stewart and Associates, Inc. (ESA) expires on December 31, 2020 (Attachment 1). ESA has offered to continue providing services to the City at current rates for an additional five-year term. Staff is requesting an exception to the formal Request for Proposal/Request for Qualification (RFP/RFQ) procurement process. To approve this exception to the procurement process, the City Council would need to adopt the attached 11/2/2020 E11 City Council Agenda Report November 2, 2020 Page 2 of 3 Resolution (Attachment 2) waiving the formal RFP/RFQ procurement process for weed, rubbish, winter preparation and thistle abatement maintenance services. It is also recommended that the City Council authorize the City Manager to execute Amendment No. 3 (Attachment 3) to the maintenance services agreement (MSA) with ESA for a term of five years beginning January 1, 2021, and ending December 31, 2025. All other terms would remain in effect. DISCUSSION/ANALYSIS: The City’s agreement with ESA provides for winter preparation activities and for weed and refuse abatement under provisions of the Municipal Code. A list of operations and a work summary under the agreement are attached for reference (Attachment 4). ESA has provided exceptional service to the City for over 22 years and has offered to enter into a contract amendment under the same terms and fees as the previous thirteen years (Attachment 5). Previous solicitations for weed, rubbish, and thistle abatement services resulted in only ESA being deemed qualified to perform the full scope of work at a reasonable price. Staff believes that a formal RFP/RFQ process would likely result in higher fees and diminished services as the scope of work includes time critical, health and safety related operational items that require extensive (and unique) knowledge of the City’s properties, open space, and high fire severity zones. Additionally, the City’s contractor must coordinate seamlessly with the Orange County Fire Authority (OCFA) and other agencies regarding environmental regulations and requirements for sensitive resource areas throughout the city. Therefore, it is recommended that a contract amendment be approved without a formal RFP/RFQ process under the exceptions provided for in Municipal Code Section 3-4.306(e)(3) which allows for an exception where the process is deemed not to be the most cost-effective approach. Additional benefits to the City and the community by extending this agreement with ESA include: •Familiarity with the city (both public and private properties) •Historic and institutional knowledge of the areas that require work •Flexibility to meet City needs and priorities •Minimal staff oversight and supervision •Established relationships with other municipal and regulatory agencies FISCAL IMPACT: The City expends approximately $250,000 annually for routine weed, rubbish, winter preparation, and thistle abatement activities. There is sufficient funding in the adopted Fiscal Year 2020/2021 Operating Budget to cover these operations. No increase in unit pricing would result from this action. City Council Agenda Report November 2, 2020 Page 3 of 3 ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Adopting a resolution waiving the formal RFP/RFQ process and approving and authorizing the City Manager to execute an Amendment for a five-year Maintenance Services Agreement for performance of weed, rubbish, winter preparation and thistle abatement maintenance services would not be an activity with potential to cause significant effect on the environment and therefore is exempt from CEQA. CITY COUNCIL REVIEW: • On February 7, 2017, the City Council authorized the City Manager to execute Amendment No. 2 for weed abatement, rubbish removal, thistle abatement and winter preparation services. • On November 1, 2016, the City Council adopted a resolution waiving the formal request for proposal (RFP) process for weed, rubbish, and thistle abatement and winter preparation services and authorized the City Manager to execute Amendment No. 1 for an additional two-year term, with two one-year optional extensions. • On March 15, 2016, the City Council adopted a resolution waiving the formal request for proposal (RFP) process and authorized the City Manager to execute a maintenance services agreement with ESA for weed, rubbish, winter preparation, and thistle abatement, for an amount not to exceed $240,000. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission review. NOTIFICATION: E. Stewart and Associates, Inc. ATTACHMENT(S): Attachment 1: Maintenance Service Agreement – March 15, 2016 Attachment 2: Proposed Resolution 20-11-02-XX Attachment 3: Proposed Amendment No. 3 to Maintenance Services Agreement, ESA Attachment 4: Operations List and Work Summary Attachment 5: E. Stewart and Associates, Inc. -- Extension Request Letter CITY OF SAN JUAN CAPISTRANO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this fifteenth day of March, 2016, by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and E. Stewart and Associates, Inc., a California corporation, with its principal place of business at 1000 Calle Negocio, San Clemente, California ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing weed and rubbish abatement and winter preparation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the annual City-wide Weed and Rubbish Abatement and Winter Preparation ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3 .1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional weed and rubbish abatement and winter preparation services maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein 61147.02100\24522544.2 1 ATTACHMENT 1, PAGE 1 OF 33 by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from March 15, 2016, to December 31, 20 16, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation msurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Director of Public Work and Utilities or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Edwin Stewart or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to 61147.02100\24522544.2 2 ATTACHMENT 1, PAGE 2 OF 33 represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits , qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License , and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3 .2.1 0 Laws and Regul ation s; Empl oyee/Labo r Certificat ions. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all 61147 .02100\24522544 .2 3 ATTACHMENT 1, PAGE 3 OF 33 Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3 .2.1 0.1 E mp loyment Elig ibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibilitv: Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3 .2.1 0.1. 3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such 61147.02100\24522544.2 4 ATTACHMENT 1, PAGE 4 OF 33 requirements (including in those verifications provided to the Contractor under Section 3 .2.1 0.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3 .2.1 0.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of 61147.02100\24522544.2 5 ATTACHMENT 1, PAGE 5 OF 33 Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3 .2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3 .2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's 61147.02100\24522544.2 6 ATTACHMENT 1, PAGE 6 OF 33 Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3 .2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess ofthe specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, 61147 .02100\24522544.2 7 ATTACHMENT 1, PAGE 7 OF 33 agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3 .2.11.3(B). (C) Workers' Compensation and Emolover's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (1 0 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 61147.02100\24522544.2 8 ATTACHMENT 1, PAGE 8 OF 33 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3 .2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, m addition to Contractor's insurer, any and all insurance claims submitted by Contractor m connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 RESERVED 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, 61147.02100\24522544.2 9 ATTACHMENT 1, PAGE 9 OF 33 data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3 .1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Forty Thousand dollars ($240,000) without written approval of City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3 .4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.6 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department 61147.02100\24522544.2 10 ATTACHMENT 1, PAGE 10 OF 33 of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractor. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen ( 15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: City: E. Stewart & Associates, Inc. 1 000 Calle N egocio San Clemente, CA 92673 Attn: Edwin Stewart City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 61147.02100\24522544.2 11 ATTACHMENT 1, PAGE 11 OF 33 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers. 3.5.3 Governing Law; Govemment Code Claim Compliance. This Agreement shall be governed by the laws of the State of Califomia. Venue shall be in Orange County, Califomia. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Govemment Code sections 900 et seq. prior to filing any lawsuit against the City. Such Govemment Code claims and any subsequent lawsuit based upon the Govemment Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Govemment Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 61147.02100\24522544.2 12 ATTACHMENT 1, PAGE 12 OF 33 3.5.5 City's Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assign s. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Const r uctio n: References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment: Modificatio n. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this 61147.02100\24522544.2 13 ATTACHMENT 1, PAGE 13 OF 33 Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5 .17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement ofthe parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] 61147.02100\24522544.2 14 ATTACHMENT 1, PAGE 14 OF 33 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as ofthe 15TH day of March, 2016. CITY OF SAN JUAN CAPI TRANO E. STEWART AND ASSOCIATES, INC. Approved By: e;L.;_y~<e:: .... :£ Signature Cd.kl/.,v ~~~ 3-21-/{, Edwin Stewart __ / ~ ~_,_;,;)~ Chief Executive Officer ~~ e:L o2(;!J/~ Date City Attorney 61147.02100\24522544.2 15 ATTACHMENT 1, PAGE 15 OF 33 61147.02100\24522544.2 EXHIBIT "A" SCOPE OF SERVICES 16 ATTACHMENT 1, PAGE 16 OF 33 PHONE (949) 498-9250 FAX (949) 498-4961 1000 CALLE NEGOCIO SAN CLEMENTE, CA 92673 November 3, 2006 Mr. John Elwell, Interim Director of Public Works Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92673 RE: Proposal for-City of San Juan Capistrano: Weed, Rubbish, and Thistle Abatement Dear Mr. Elwell, E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for weed, rubbish, and thistle abatement. This proposal has been prepared in response to the City's Request for Proposal (RFP} dated October 91h, 2006 , and is organized to conform to the City's proposal requirements. With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan Capistrano, E. Stewart & Associates, Inc. is uniquely qualified to provide the continuous service and standard of work the City has come to expect. We are always on standby, should the City require emergency or additional work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City. E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal. We will work closely with the Public Works Department and apply every resource to complete each task we perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling our response to the various needs of the City to be rapid and efficient. This proposal shall be considered valid for a period of 90 days. The following individuals are authorized to bind the company: Edwin W. Stewart, Chief Executive Officer Denise Petersen, Corporate Secretary E. Stewart & Associates, Inc. 1 000 Calle Negocio San Clemente, CA 92673 (949} 498-9250 Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal. Sincerely, 4_~-V~-;;r;:;f ~Stewart Chief Executive Officer, E. Stewart & Associates , Inc. EXHIBIT "A" ATTACHMENT 1, PAGE 17 OF 33 OPERATIONS WORK SUMMARY AreaofWork guantitv Tlfe! of Work Annual City Program 114 acres Dis king 18 acres Mowing 27 acres Handwork Reservoir Sites 42 acres Performed Monthly Citv Rklht-of-Way 20 acres Performed Monthly AS 337 High Fire Hazard Severity Zone 230 acres Disking 20 acres Handwork Notifications, Inspection, Posting, Problem Resolution, Abatement of Non-Compliant Properties Program Administration 825+ Parcels (February through ~gust) Winter Preparation 34 Locations V-Ditches 25 Locations Drainage Facility Areas Small Ditches Sandbag Placement Swales leading to drains and trail crossings Sandbag Placement ThisUe Abatement Open space as reQuired If directed by City Council and budget supported Disking is perfonned in agricultural areas only. Fugitive dust prohibits disking on residential lots. Disking is the most cost effective for weed abatement, however, the use of this method is limited by water quality standards and restrictions in many circumstances. Mowing is performed on flat or slightly sloped areas with no obstructions, rocks, etc., and is the preferred method of weed abatement. Mowing costs are higher than disking, however, water quality standards and restrictions require this type of work in some areas. Handwork is performed on parcels with obstructions (fences, rocks, berms) and slopes in excess of 2:1. Handwork (labor) is the least cost effective method of weed abatement, however, is required for full implementation of the program. ATTACHMENT 1, PAGE 18 OF 33 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. (The Contractor shall have 5 years of comparable weed abatement experience.) 1. Edwin W. Stewart E. Stew.art ~nd As.soci.a,tes.z ~nc. Proposer's Name Company Name 2. 1000 Calle Negocio San Clemente. CA g2673 Business Address 3. (949) 498-9250 FAX (949_) 498 ... 49.61 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From 199oto 2006 City/Company Contact Person And Number 1990 to 2006 City of San Juan Capistrano Jack Galaviz 443-63£4 Dennis Reed 361-8278 1996 to 2006 City of San Clemente Tony Montoya 361-6172 2000 to 2006 City of San Clemente Dennts Reed 361-8278 2002 to 2006 City of San Juan Capistrano Douglas Dumbart 2004 to 2006 SunCal Companfes Diane Shaughnessy (6191 540~2387 2005 to 2006 City of Laguna Beach Ray Lardie 497-07.56 Company Contract Amount "$309,698,00 $140,000.00 $ 6,000.00 $ 30,000.00 $300,000.00 ATTACHMENT 1, PAGE 19 OF 33 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Edwin W. Stewart E.. Stewart and As.sod·ates:l Inc, Proposer's Name Company Name 2. 1000 Calle Negocio San Clemente, CA 92673 Business Address 3. ( 949} 498-9250 FAX ( 949.) 498-49.61 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if ne.cessary. 63 Echo 3800 or 400U Weedeaters with 10'' saw b.J a des John Deere 3255 100 h.p 4wd rubber tired · tr~ctor John Deere 450G __ crawl er ~00. hp 2 Rotary mowers, 8' & 9'. 2 pull disks 8' & 12 1 ASV RC .100 100 hp track-type s.k:t:d steer w.ith. grqpple ti:nes., !l!Jck.et! chipper, rotary mower, hole auger with. 3 btts, dozer b.lade, 6 still and Echo chains-aws·. .. 2 flail mowers, 3 13 hp 200 gallon spray rtgs, 1 4w.d Gator w5th 50 gallon spray rig, 1 Ford-650 stakeb.ed truck1 1 Ford F-.:-450. dump truck1 26' Zi.eman equipment trailer, 2 Ford F-350 one ton ptck-up trucks.~ 1 Gf!'C one ton 3500 pick-up truck, 2 fuel tanks -500 gallon and 1 ~0.0-D. g~llqn, 12t pull scraper, 8' 3pt. hitch scraper. 5. List equipment the quoting finn is planning to purchase for use on this contract. An additional AS'l RC 100 with fuJcket · and .7' mgw.er. ~~~~ 1gnature . E. Stew.art and Ass.octate$ .• Inc. Company 20 ATTACHMENT 1, PAGE 20 OF 33 WEED AND TIDSTLE ABATEMENT/CONTROL (Including City and Private Property, City Open Space, Street Right-of-Way Areas and Water Facility Sites) GENERAL PROVISIONS-ALL CONTRACTS A. Prosecution and Progress 1. Direction -All work to be performed by Contractor will be at the direction of the Director of Public Works, Superintendent of Maintenance, Weed Abatement Enforcement Officer or other City representative as designated by the Director of Public Works. 2 . Workmen-If any subcontractor or person employed by the contractor shall fail or refuse to carry out the directions of the City representative or shall appear to the City representative to act in a disorderly, improper or incompetent manner, he shall be discharged immediately at the request of the City representative. Such person shall not again be employed on the work. All employees shall be legally entitled to work in the State of California. All employees of contractor shall wear an orange safety vest whenever working in City streets or within ten feet of City streets. Contractor must be able to provide a list of employees names, dates worked and hours worked on each date if requested by the City. 3. Supervisor-Contractor shall designate a field supervisor, fluent in English, who will maintain daily contact with City representative. 4 . Traffic Control-Contractor shall provide adequate traffic control (per W.A.T.C.H. Handbook guidelines) whenever working in City streets. Traffic control shall include, but is not limited to the use of cones, delineators, arrow boards, directional equipment, safety equipment, signage, etc. Lane closures in City streets shall be approved by City representative prior to beginning of work. 5. Hours of Work-Work shall be performed between the hours of7:00 a.m. and 4:00 p.m., Monday through Friday, unless otherwise permitted by City representative. 6 . Temporary Suspension ofWork -The City representative shall have the authority to suspend the work wholly, or in part, for such period as he may deem necessary due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the contractor to carry out orders given, or to perform the work in accordance with these specifications. The contractor shall immediately comply with the order of the City representative to suspend work. The work shall be resumed when conditions are favorable and methods are corrected, as ordered and approved by the City representative. 19 ATTACHMENT 1, PAGE 21 OF 33 comply with the order of the City representative to suspend work. The work shall be resumed when conditions are favorable and methods are corrected, as ordered and approved by the City representative. 20 ATTACHMENT 1, PAGE 22 OF 33 In the event of a suspension of work under any of the conditions above set forth, such suspension of work shall not relieve the contractor of his responsibilities. 7. Performance of Work -If at any time, in the opinion of the Director of Public Works, Contractor fails to supply suitable equipment, an adequate working force, or materials 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 neglect or refuse to provide means for satisfactory compliance with the Personal Services Agreement, as directed by the Director of Public Works, 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 Agreement. 8. Extra Work-New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items or combinations thereof for which there is a proposal price. The contractor shall do such extra work and furnish such materials and equipment therefore as may be required in writing by the City representative. He shall do no extra work except upon written order and, in the absence of such written order, he shall not be entitled to payment for any extra work. All proposals for extra work done shall be filed in writing with the City representative. For such extra work, the contractor shall receive compensation at the prices previously agreed upon in writing. B. Control ofWork 1. Authority of City-The City representative shall decide all questions as to the quality or acceptability of the work performed and to the manner of performance and rate of progress of the work, all questions as to the acceptable fulfillment of the Agreement on the part of the contractor, and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the contractor fails to carry out promptly. 2. Interpretation of Specifications-Should it appear that the work to be done or any matter relative thereof is not sufficiently detailed or explained in these specifications, the contractor shall apply to the City representative for such further explanations. Contractor shall conform to them as part of the Agreement, so far as may be consistent with the original intent. In the event of doubt or question relative to the true meaning, reference shall be made to the Director of Public Works, whose decisions thereon shall be final. 3 . Inspection -The City representative shall at all times have access to the work during its progress, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these specifications. Inspection of the work shall not relieve the contractor of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and 21 ATTACHMENT 1, PAGE 23 OF 33 unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously overlooked by the City representative and accepted or estimated for payment. C. Legal Relations and Responsibility 1. Preservation of Property -Due care shall be exercised to avoid injury to street improvements or facilities, utilities facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. If ordered by the Director of Public Works, the contractor shall provide and install suitable safeguards, approved by the City representative, to protect such objects from injury or damage. If such objects are injured or damaged by reason ofthe contractor's operations, they shall be replaced or restored, at the contractor's expense, to a condition as good as when the contractor entered upon the work. It shall be the contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations. Full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in protecting property, as above specified, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be made therefor. 2. Responsibility for Damage -The City of San Juan Capistrano and all its officers and employees, including the City Council and the City representative, shall not be answerable or accountable in any manner for any loss or damage that may happen due to work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever, during the progress of the work or at any time before final acceptance. The contractor shall indemnify and save harmless the City of San Juan Capistrano and all its officers and employees, including the City Council and the City representative and their duly authorized representatives, from any suits, claims or actions brought by any person or persons for, or on account of, any injuries or damages sustained or arising in the progress of the work or in consequence thereof. The City may retain as much of the money due the contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid. 3. Disposal of Materials -Unless otherwise specified, the contractor shall make his own arrangements for disposing of materials at adequate disposal sites as approved by the City representative. No burning of materials to be disposed of will be permitted within the City of San Juan Capistrano. (The current disposal charge at the Prima Deshecha Landfill is $27.00 per ton for standard debris; $32.00 per ton for hard to 22 ATTACHMENT 1, PAGE 24 OF 33 handle debris). Unless otherwise provided, full compensation for all cost in disposing of materials as above specified shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. 4. Personal Liability -Neither the City Council, City representative, nor any other officer or authorized assistant or agent shall be personally responsible for any liability under the contract. 5. Termination -If at any time, in the opinion of the Director of Public Works, Contractor fails in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Personal Services Agreement, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means for satisfactory compliance with the Agreement, as directed by the Director of Public Works, within the time specified in such short notice, the City reserves the right to cancel the Agreement under the termination provisions of the standard form Personal Services Agreement. 23 ATTACHMENT 1, PAGE 25 OF 33 DETAIL SPECIFICATIONS A. WEED & RUBBISH ABATEMENT -CITY & PRIVATE B. WEED & RUBBISH ABATEMENT-AB 337 SCOPE OF WORK 1. 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 identify, list and clean those areas designated by the City representative, and to leave the grounds in a neat condition. If the City representative determines that the contractor has not satisfactorily cleaned any designated areas, he shall cause the payment for the cleaning of such areas to be withheld until such areas are properly cleaned. The contractor shall furnish and maintain maps designating exact locations and areas oflots and parcels cleaned. He shall submit to the City reports of completion of work identifying each parcel by O.C. Assessor's Code Number, Book Number, Page Number, and Parcel Number and Situs Address, together with the costs for each parcel according to the unit cost schedules of this agreement. Such reports shall be signed and sworn to by the contractor. 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 City representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. 2. Authorization of Work-Work will not be performed without prior approval and only as authorized by the City representative. 3. Before and After Photographs-In order to provide proper back-up related to work required and work performed, Contractor shall photograph and log by parcel number all parcels he is directed to perform work on prior to beginning and upon completion of said work. 4. Progress of Work -Cleaning shall proceed in an orderly manner. Wherever possible, lots shall be completely fmished prior to workmen proceeding to the next parcel. Any exceptions shall be approved by the City representative. 5. Authority to Enter Private Premises to Abate Nuisances Reference is made to Section 39572 of the California Government Code which makes the following provisions: "The City Engineer (or any other office of the City) may enter upon private property to abate the nuisance." Any contractor with whom a contract has been entered into by the City hereunder, and his assistants, deputies, employees, and agents, are hereby expressly authorized to enter upon private property for the purpose of abating the nuisance for which the contract was awarded, unless otherwise noted and/or directed by City representative. 24 ATTACHMENT 1, PAGE 26 OF 33 6. 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 City 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 City representative, contractor shall proceed with the work as increased, decreased or altered. 7. Acceptance of Work Done -The City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. 8. Billing Form-Contractor shall use the approved billing form and progress payment form given to him by the City. ME1HOD OF WORK 1. Discing -Lots and parkways shall be disced with an approved double throw disc at a sufficient depth to place weeds under the finished soil surface. Discing shall be performed so as to completely eliminate all standing weeds and shall be to the satisfaction of the City representative. 2. Mowing -When, in the opinion of the City representative, discing is impractical or proves unsatisfactory, weeds shall be cut to within two (2) inches of the finished soil surface with an approved mechanical mower. 3. Hand Work-Lots cleaned by discing, edging and/ or mowing or a combination of the above, shall be hand cleaned along the edges, slopes, parkway, and/or other areas where machine cleaning is not practical only as directed by the City representative. Lots so located as to be unsuitable for machine cleaning will be hand cleaned only as directed by the City representative. The price for such cleaning will be paid for as hand labor per square foot with a 100 foot minimum. 4. Rubbish and Tumbleweed Removal -Removal of rubbish and tumbleweeds shall be performed in a workmanlike manner, satisfactory to the City representative. Rubbish to be removed shall be loaded by approved mechanical means. Where, in the opinion of the City representative, mechanical loading is impractical or proves unsatisfactory, the contractor shall load such rubbish manually. The contractor shall remove only such materials designated for removal by the City representative on the job. If the contractor removes undesignated materials, he shall return such materials to the site from which they were removed, and no additional compensation will be made therefor. 25 ATTACHMENT 1, PAGE 27 OF 33 Rubbish shall be disposed of at approved locations. The current disposal charge at the Prima Deshecha Landfill is $27.00 per ton for standard debris; $32.00 per ton for hard to handle debris. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the City representative. EQUIPMENT 1. The contractor shall provide adequate and suitable equipment to meet contract requirements and, when ordered by the City representative, shall remove unsuitable equipment from the work. 2. Minimum E quipment List: a. One track-type tractor (Caterpillar size D-4 or equal, and being less than ten years old) equipped with the following: 1) A minimum 7'6" wide disc of pull-type off-set with blades of26" or larger. 2) Minimum weight of disc shall be two ton. b. One rubber-tired tractor with the following equipment available: 1) A skip-load bucket not less that 1/4 cubic yard capacity. 2) A disc. 3) One flail mower with minimum 50 HP. c. One rubbish truck with loading capacity of 20 yards or greater. d. One chain saw. e. One hand-operated mower. f. Transport trailers capable of jack-knifing all public curbs and sidewalks in order to avoid damage to same. (Note: Damage to public property will be paid for by Contractor.) g. Weed eaters and other hand tools. All equipment must have suitable transport and be equipped with an approved spark arrestor, fire extinguisher, and wheel chocks where applicable. All equipment shall be available for inspection within ten (1 0) days after bidders have been contacted. Unsatisfactory equipment will be rejected. All equipment shall be maintained in a reasonable mechanical condition and replacement equipment shall be approved by City representative. If such equipment is not replaced, contractor is subject to having his contract annulled and shall be responsible for any difference in fees over and beyond for replacement of his contract. In the event bidder wishes to substitute other equipment for any item specified, such substitution shall be justified to the satisfaction of the City representative. 26 ATTACHMENT 1, PAGE 28 OF 33 DETAIL SPECIFICATIONS C. TIDSTLE ABATEMENT-CITY OPEN SPACE SCOPE OF WORK 1. 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 abate thistle from City=s approximate 1200 acres of City Open Space. For the protection of nearby communities and residences, aerial spraying will not be permitted. Note: Comprehensive thistle abatement conducted during 1996-1997 achieved approximate 90-95% kill of thistle on site. Continued abatement on an as needed basis will be required annually to provide complete and continued eradication ofthistle. It is anticipated that thistle will steadily decline with continued annual treatment. Progress will be evaluated annually. Property to be abated shall include those areas of City Open Space as determined and directed by the Director of Public Works or City representative. 2. Site Conditions-Much of the infested area is on steeply graded hillsides. Access to water is limited and many areas are not accessible by motor vehicle. 2. Authorization of Work -Work will not be performed without prior approval and only as authorized by the City representative. 3. 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 City 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 City representative, contractor shall proceed with the work as increased, decreased or altered. LICENSING Contractor or Subcontractor shall be required to possess valid City Business License, Pest Control Operator=s (PCO) Business License, and Pest Control Applicator=s (PCA) License. Note that copies ofPCO and PCA Licenses must be submitted with bid proposal. REPORTS If awarded the contract, Contractor shall be responsible for providing City with an Advisory Report, prepared by a Licensed Pest Control Advisor and approved by the Orange County Agriculture Commission, which provides specific method and chemical recommendations for abatement of 27 ATTACHMENT 1, PAGE 29 OF 33 thistle. Upon approval by the County Agriculture Commission, Contractor shall be responsible for providing licensed qualified applicators to perform the work. Additionally, Contractor shall be responsible for providing monthly chemical usage reports to the County Agriculture Commissioner, with copies provided to City. ACCEPTANCE OF WORK Prior to payment, City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. 28 ATTACHMENT 1, PAGE 30 OF 33 DETAIL SPECIFICATIONS D. WEED CONTROL-STREET RIGHT -OF-WAY AND WATER FACILITY SITES SCOPE OF WORK The City has approximately 25 miles of street right-of-way (approx. 1,200,000 SF-based on an average five foot width per side) which require annual, year-round weed control. Width in some areas may vary. Additionally, the City has ten water facility sites (approx. 210,000 SF) requiring annual, year-round weed control. Means of weed control shall include chemical, mechanical and hand methods of abatement. j *Note: Approximately 65% of the work for >97-98 has been completed. Annual Price for >97-98 shall be bid on a prorated basis, accordingly. 1. 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 control weeds in City street right-of-way and at water facility sites on a year round basis. Methods are expected to include preventative spraying with approved chemicals, machine and/or hand work as required per site. 2. Authorization of Work-Work will not be performed without prior approval and only as authorized by the City representative. 3. Progress ofWork-Cleaning shall proceed in such amannerthatright-of-way areas are kept in a maintained condition year round. 4. 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 City 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 City representative, contractor shall proceed with the work as increased, decreased or altered. 6. Acceptance of Work Done-The City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. METHOD OF WORK-City Street Right-of-Way It is anticipated that method of work will include preventative spraying, mechanical and hand work methods to insure year round maintenance and shall adhere to the following: 1. Post-emergent herbicide treatment of live weeds; 2. Mechanical clearing of dead growth to a height of 3-6 inches; 3. Treat target areas with pre-emergent herbicide to restrict weed growth in following season; 4. Post-emergent herbicide treatment of weed Aescapes® that are not prevented by the pre- emergent. 29 ATTACHMENT 1, PAGE 31 OF 33 METHOD OF WORK-Water Facilitv Sites (See Locations, SF & Description of Work Below) 1. At all sites where asphalt or concrete is present (i.e. driveways, parking areas, v-ditches), weeds should not be allowed to grow over six inches (6") in height. 2. At all sites, weeds that grow in dirt areas should not be allowed to grow over twelve inches (12") in height. 3. At all water reservoir sites, no herbicides are to be sprayed during windy conditions. Under no circumstances is the mist from spray to enter any reservoir. 4. Please note the following site-specific instructions and specifications: Terminal Reservoir-27100 Highland Drive (40,000 Sguare Feet) Mow or use weedeater for first portion of road and three feet (3') on each side of road. Note: No spraying aiJowed in between fint set of gates (horses occupy this area). Use weedeater two feet (2') on each side of the two upper V-ditches. Mow, use weedeater and spray asphalt and other areas as directed by representative. Mission Hills Reservoir-21800 Highland Drive (20.000 SF) Spray with herbicide: inside slope area, weeds around reservoir, weeds in asphalt, and weeds along fence line. Follow by removal with weedeater. Hunt Club Reservoir-30561 Steeplechase Drive (12,000 SF) Mow ten feet ( 1 0') on each side of roadway, use weedeater in a ten foot ( 1 0') diameter around tower and vault. Provide ten foot (10') wide path between tower and vault. Mow and use weedeater in a twenty foot (20') diameter around the outside perimeter of reservoir. SC-04 Ortega Highway -30257 Ortega Highway (20,000 SF) Spray herbicide around outside perimeter and spray for any weeds growing through asphalt. Follow by removal with weedeater. Remove weeds within rip-rap slope. High West Side Reservoir-31572 Aguacate Road (6,000 SF) Remove all weeds within fenced area, around both tanks, by spraying with herbicide and using weedeater. Eradicate as necessary. CVWD Well4-27130 Paseo Tirador (8.000 SF) Mow or disc majority of lot. Use weedeater around well head and piping. Use spray to control growth. CVWD WellS-27802 Calle Arroyo (18,000 SF) Mow accessible areas. Use weedeater where mower cannot reach, then spray to control growth. Reed Lower Zone 2 -28442 Paseo Espada (22,000 SF) Mow, use weedeater and spray. Check with representative to define further area of work. 30 ATTACHMENT 1, PAGE 32 OF 33 SJBA Well Site #4-32612 Alipaz Street (30,000 SF) Mow or disc accessible area and use weedeater for remaining area. McCracken Reservoir - 3 31 02 Valle Road ( 12,000 SF) Use weedeater and then minimize growth with herbicide. Kru:m Upper Zone 2-32600 Via Cerro Rebal (22,000 SF) Mow, use weedeater and spray. Check with representative to define area of work. LICENSING Due care shall be taken by Contractor to insure proper licensing for use of chemicals in weed control maintenance. All chemicals used shall be approved by City. EQUIPMENT The contractor shall provide adequate and suitable equipment to meet contract requirements and, when ordered by the City representative, shall remove unsuitable equipment from the work. All equipment must have suitable transport and be equipped with an approved spark arrestor, fire extinguisher, and wheel chocks where applicable. All equipment shall be available for inspection within ten (1 0) days after bidders have been contacted. Unsatisfactory equipment will be rejected. All equipment shall be maintained in a reasonable mechanical condition and replacement equipment shall be approved by City representative. If such equipment is not replaced, contractor is subject to having his contract annulled and shall be responsible for any difference in fees over and beyond for replacement of his contract. In the event bidder wishes to substitute other equipment for any item specified, such substitution shall be justified to the satisfaction of the City representative. 31 ATTACHMENT 1, PAGE 33 OF 33 61147 .02100\24522544.2 EXHIBIT "B" SCHEDULE OF SERVICES 17 ATTACHMENT 1, PAGE 34 OF 33 ~ :t iii =i ~ 0! PROPOSAL ATTACHMENT 1, PAGE 35 OF 33 •I PROPOSAL, Contractor: ..Stewart srol (.\q.s~iate:-~ UnitP. -···-... Estimated Contract Item Unit Quantity Year O~e Year Two ' Year Three Year Four Year Five Total Weed & Rubbish Abatement Mowing <1 acre 4 r&o 7g-0 IBD 720 760 3"'f0C> =>1 acre 6 1-5"00 l50D r5oe> 15cO t5C:C:l 15CO Discing <1 acre 5 1006 {000 rooo lOOO (000 50:::0 =>1 acre 115 .;;g-rs .:;(rt7~ 6l~7~ .;;J.87s-.;;;e 7<5""" tc....JS?!:"" Edging LF 500 (.;2. so t:z.S"o .1z.so 12..'~)0 /2,S"0 6.;!_9=' Handwork SF 555,000 Jqt..~·;)...s ltf'f.J.s-/q4~s-1'1'-fa.S" t<fi4~~ 9?(~ Trash Clean-Up CY 10 5B5 58-5"" 58-'5"" sas-sas ozf:f;;.s- TOTAL: X 177,.s-o dl'-1'77. St). .:Z6177.50 · ;Jhl77.sw ~li7,so e>\~·"' 1308-8"7~1 1 Administration of Weed Abatement Program LUMP SUM (0~00 lt::JSC;JO 10500 {OS'CO f0$60 ~S"a:? It ''"'~ AB 337 High Fire Hazard Severltv Zones Acre 230 5'?50 57'5:0 5(50 57"50 5?5'0 D2157SD Handwork Acre 20 15'1~ rsq~s IS"'ta.S" /sel;;s· l 5"Cj.;:l'5""" {q~$"" TOTAL: .;2lb75 o:?lbQ Ol167S"" .;llb7s-6?1~7~ /03'37~ 4 Thistle Abatement Acre 1200 40~~0 Lfoe>~c::. l/OODO l..foooo L/00()0 ~60~·~ Weed Control Water FacilitY Sites SF 210,000 /~OCC> 1·5CJC:X? "tS'OClC> 1S'0C>O IS"'OOO 75"a::D Street Right of Way SF 1,200,000 .:2CJ000 ~0000 .;20(!;)00 c;:IOOOO ~oooo 100000 TOTAL: :gso6Ci 3$"0CO 5S"CJ06 3$~ "!35" t::t:JCJ .1"25~0 Rubbish Removal Streambed Areas CY 400 ~LlO ~40 6::140 ~qo 6.;2.c./0 3(;200 Miscellaneous Areas CY 100 att!JOCJ ~lObO ~1000 ~1000 O<lClOO {0$""000 ·~iP-40 t:IH;i~ .;ridl¢10 . . . . ·,~:4P TOTAL: I ~-,~i:;~Q ., ..::2:7~0 I? 'WH ATTACHMENT 1, PAGE 36 OF 33 6ll4 7.02100\24522544.2 EXHIBIT "C" COMPENSATION 18 ATTACHMENT 1, PAGE 37 OF 33 LABOR AND EQUIPMENT RATES All proposers shall provide the hourly rates for the following positions and equipment. All prices for equipment shall include operator, fuel, insurance, and move-in and move- out fees. Hourly Rates for Labor Position Year One Year Two Year Three Year Four Year Five Supervisor lt25 or h.r [$25 or hr $25 pr hr $25 pr h.r $25 pr hr Foreman l$18 .50orhr I $18 . so or h.r l$18.50. or br $18.50. Pr b.r U8~50 prftr Laborer i$18.50prh.r l$18.50 or hr l$18.50. ilr hr $18 50. or h.r U8.50 prhr Please list any additional positions not accounted for and provide the hourty rates above. Hourly Rates for Equipment Description Year One Year Two Year Three Year Four Year Five Loader l$155 Dr hr lt155 Dr hr U55 or hr $155 [}r hr !1155 pr hr Dozer l$150 or hr ~150 or hr $150 Pr hr $150 Pr hr rP150. pr hr Tractor lctlOO nr hr :100 nr hr UOO nr h.r $100 or hr 100 pr hr F-650 Dump Truck I$ 95 or hr ib 95 or hr $ 95 or hr $ 95 or hr 95 pr h.r Crawler $100 pr hr hoo pr hr $100 pr hr $100 pr hr · ~1.00 ~r hr Water Truck I$ 60 or hr ~ 60 Dr br $ 60 pr hr $ 60 pr hr ~ 60 pr hr Backhoe I$ 75 or hr ~ 75 or hr $ 75 pr hr $ 75 Pr hr ~ 75 pr hr ASV w bucket $125.pr hr ~125 pr hr $125 pr hr $125 pr hr H25 pr hr ASV w chiooer $250 or hr ~250 or hr $250 pr hr $250 or hr · ~250 Pr hr ASV w 7 1 mower l$125 Dr hr ~125 or hr $125 or hr $125 pr h.r ~125 pr hr ASV w 6 1 blade $125 pr hr $125 pr hr $125 pr hr $125 pr hr $125 pr hr F-450 Dump_ Truck .. $ 50 pr .hr $ 50 pr hr $ 50 pr hr $ 50 pr hr $ 50 pr hr Please hst any additional equ1pment not accounted tor and provide the hourly rates above. Submitted by: E Stewart and Assocjates. Inc, Contractor ~~ '&)~ ~Representative oate' : 18 ATTACHMENT 1, PAGE 38 OF 33 · PROPOSAL (continued) Emergency Work-Hourly Rates Cost to perform emergency weed, rubbish, thistle abatement. removal of debris at hours other than as stated as normaf working $/Hr. hours per the specifications. Price shall include all labor, material, trucks, equipment, and any appUcable disposal costs. '$00 Price Per Hour FOR FIRST TWO HOURS: ~no Price Per Hour FOR EACt! HOUR THEREAFTER: "$QQ Please indicate below the equipment and number of personnel included in the rates above. Normal working crew of 5 personnel and 1 supervisor, plus.one crew truck= $157.50 per hour. No emergency call out added expen~e. No overtime or extr~ hour cnar~e. All per-sonnel and equipment 1 tsted on the equipment page are available to the Ctty 24 hours per dayl 7 days per weeks at no additional CO$t. Submitted by: ~;: ~od AssocjOtes. Inc. ~ -~~ 'IV~t' ~ Qn8t\JTe of Representative Date ' : = ATTACHMENT 1, PAGE 39 OF 33       RESOLUTION NO. 20-11-02-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR PROPOSAL/REQUEST FOR QUALIFICATION (RFP/RFQ) PROCESS AS A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AN AMENDMENT TO THE EXISTING MAINTENANCE SERVICES AGREEMENT WITH E. STEWART AND ASSOCIATES, INC., FOR WEED, RUBBISH, WINTER PREPARATION, AND THISTLE ABATEMENT WHEREAS, the City entered into an Maintenance Services Agreement with E. Stewart and Associates, Inc., for weed, rubbish and thistle abatement services on March 15, 2016 (“Agreement”); and WHEREAS, the Agreement is presently set to expire on December 31, 2020 and WHEREAS, the City wishes to extend the term of the Agreement to December 31, 2025; and WHEREAS, pursuant to Section 6-7.01 of the San Juan Capistrano Municipal Code, abatement of weeds and thistle, and the removal of garbage, refuse, and dirt throughout the City must be performed annually to assist in reducing risks associated with fire, health, and safety. Additionally, Assembly Bill 337, High Fire Severity Zone Abatement, requires the City to abate weeds in designated High Fire Hazard Severity Zones, and as directed by the Orange County Fire Authority (“Authority”); and WHEREAS, weed abatement and winter preparation is imperative to ensure compliance with the City’s municipal code and state law; and WHEREAS, previous solicitations conducted in 2002 and 2007 for weed, rubbish and thistle abatement services resulted in only one proposer (E. Stewart and Associates, Inc.) being deemed the sole qualified proposer willing to perform the full scope of work required by the City at a reasonable price; and WHEREAS, Section 3-4.304 of the San Juan Capistrano Municipal Code provides that maintenance services contracts over $25,000 are subject to a formal RFP/RFQ bid process; and WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code provides an exception to the formal RFP/RFQ process where the process is deemed not to be the most cost-effective approach; and WHEREAS, undergoing a formal RFP/RFQ process for weed, rubbish and thistle abatement services would not be the most cost-effective approach given the lack of ATTACHMENT 2, PAGE 1 OF 2       responses from qualified firms other than E. Stewart and Associates, Inc., to the City’s previous solicitations, ; and WHEREAS, E. Stewart and Associates, Inc., is familiar with the City’s needs, has indicated that it will hold existing pricing; has historical knowledge of the nuances of the service areas; has demonstrated its flexibility to meet the City’s service requirements; requires minimal staff oversight; has historically provided excellent service to the City; has an understanding of the requirements of the Authority and is able to perform the services necessary to comply with directives from the Authority and as otherwise required by AB 337; and can immediately begin performing services without any substantive ramp up time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: 1. That the foregoing recitals are true and correct and incorporated herein by this reference. 2. That undergoing a formal RFP/RFQ process at this time for weed, rubbish and thistle abatement services would not be the most cost-effective approach. . 3. That Amendment No. 3 to the Agreement extending the term of the Agreement is hereby approved. 4. That the City Manager or his designee is hereby authorized to execute Amendment No. 3 to the Agreement. PASSED, APPROVED, and ADOPTED is 2nd Day of November, 2020. ________________________ Troy A. Bourne, Mayor ____________________________ Maria Morris, City Clerk ATTACHMENT 2, PAGE 2 OF 2 ATTACHMENT 3, PAGE 1 OF 3 ATTACHMENT 3, PAGE 2 OF 3 ATTACHMENT 3, PAGE 3 OF 3 ATTACHMENT 4, PAGE 1 OF 1 ATTACHMENT 5, PAGE 1 OF 1