16-0315_E. STEWART & ASSOCIATES, INC._Maintenance Services AgreementCITY 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, Sau Juan
Capistrano, California 92675 ("City") and E. Stewart and Associates, Inc., a California
corporation, with its principal place of business at 1000 Calle Negocio, Sau 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
maiuteuauce 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 famihar 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 fhmish 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
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by reference. All Services shall be subject to, and perfonned in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all appUcable
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, 2016, unless earlier tenninated 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 persoimel 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
amonnts due such personnel in connection with their performance of Services imder 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 hisurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical persormel required to perform the
Services in conformance with such conditions. In order to facihtate Contractor's conformance
with the Schedule, City shall respond to Contractor's submittals in a timely maimer. 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
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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 Avithout
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor's failure to comply Avith 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 Avithin 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 proAdded
separately hx Avriting to the Contractor. Contractor agrees that if the Services are not completed
AAdthin 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 respecthxg 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 contmue to perform the Work while said dispute is decided hy the City. If
Contractor disputes the City's decision. Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Emplovee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance AAdth all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
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Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable
for all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It
is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, exainination and
retention of documentation confirmdng the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Contractor's compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors. Sub-
subcontractors and Consultants. To the same extent and under the same conditions as
Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants
performing any work relating to the Project or this Agreement to make the same verifications
and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Emplovment Eligibilitv; Failure to Complv. 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 hi Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
61147.02100X24522544.2 4
requirements (iacluding in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove.fiom the Project any person found not to be hi compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder. Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be hisured against liability for Workers' Compensation or to undertake
self-insurance hi accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Emplovment. 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-discrimiaation shall include, but not be limited to, all activities
related to hiitial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fiiUy comply with
all applicable laws, rules and regulations in fhmishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the California Air Resources Board (GARB). Contractor shall specifically be aware of the
GARB 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 Oualitv.
(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 Qxxality Control Act, to any ground
or surface water hi the state.
(B) Liabilitv 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, indemnity and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indenmification provisions of this Agreement, fiom and against
any and all fines, penalties, claims or other regulatory- requirements imposed as a result of
61147.02100X24522544.2 5
Contractor's non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the restilt of the sole established negligence, wtllfid 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 commaace
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 alt 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 hisurance 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 niimmum
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 Ceneral Liability coverage (occurrence form CC 0001); (2) Automobile Liability:
Insurance Services Office Busmess Auto Coverage form number OA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation hisurance as
required by the State of California and Employer's Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, iacluding but not limited to endorsements or
provisions limiting coverage for (1) contractual liabiUty (including but not limited to ISO CC 24
26 or 21 29); or (2) cross liability for claims or suits by one iasured 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 Ceneral Liability Insurance or other form with
general aggregate Ihxdt is used mcluding, but not limited to, form CC 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
61147.02100X24522544.2 6
LiabiUty: 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 msurance
showing that the required hisurance 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 fiom 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' pohcies of commercial general liabihty 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 supphed or
approved by the City to add the following provisions to the insurance policies:
(A) Ceneral Liability. The general habihty policy shall include
or be endorsed (amended) to state that: (1) using ISO CC 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 msurance 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 msurance or self-insurance shall be called upon to protect it as a
named insured. Any msurance or self-insurance maintained by the City, its officials, officers,
employees, agents, and volunteers shall be excess of the Contractor's msurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
(B) Automobile Liabilitv. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
61147.02100X24522544.2 7
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 iasurance coverage shall
be primary insurance as respects the City, its officials, officers, employees, agents, and
volunteers, or if excess, shall stand hi an unbroken chain of coverage excess of the Contractor's
scheduled underl5dng coverage. Any insurance or self-insurance maintained by the City, its
officials, officers, employees, agents, and volunteers shall be excess of the Contractor's
hisurance and shall not be called upon to contribute with it hi any way. Notwithstanding the
minimum Ihnits 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 Emplover's Liabihty
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 hisurance
policy which arise fiom work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, mcluding 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 msurance required hy this Section shall contain standard separation of insureds
provisions. In addition, such msurance 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 providmg msurance evidence in compliance with these specifications to
waive then: 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 fiom 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 pajmient of losses
and related investigation costs, claims and adininistrative and defense expenses.
61147.02100X24522544.2 8
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall
not allow any subcontractors to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all hisurance required under this Section. If requested by Contractor, the City may approve
different scopes or minimum Ihnits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors' policies of Commercial
Ceneral Liability ushig 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 ArVIII, licensed to do busmess in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall fhmish City
with original certificates of iasurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims, Contractor shall report to the City, in
addition to Contractor's insurer, any and all msurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and 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 lawftilly 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
busmess hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow mspection of all work.
61147.02100X24522544.2 9
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 hy 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 deterrnined 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
fiom 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 apphcable "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 fiom 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
61147.02100X24522544.2 10
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 giviug
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 temunation. 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 terrninate this
Agreement except for cause.
3.4.2 Effect of Termhiation. If 1his Agreement is terniinated as provided herein.
City may require Contractor to provide all finished or unfmished 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
ioformation 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 Deliverv 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:
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Attn: Edwhi Stewart
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works and Utihties
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit hi the U.S. MaU, 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.
61147.02100X24522544.2 11
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,
volimteers and agents fiee and harmless fiom any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, hi law or equity, to property or
persons, mcluding 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 pa3rmLent 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 Indemnitv 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 pajmient 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; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of Cahfomia. Venue shall be in Orange County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions.
Contractor must comply with the claim procedures set forth hi Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein. Contractor shall be barred fiom 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.
61147.02100X24522544.2 12
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be bhiding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hjTpothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References: Captions. Since the Parties or their agents have
participated fiilly 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 thne, 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, fimit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
hi Section 3.5.7, there axe 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 contmue m 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 worldng solely
for Contractor, to solicit or secure this Agreement. Fmther, 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 fiom 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 reschid this
61147.02100X24522544.2 13
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 therefiom.
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 Attomevs' 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 fids Agreement,
the prevailing Party shall be entitled to recover fiom 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 bushiess and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
61147.02100X24522544.2 14
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 of the 15TH
day of March, 2016.
CITY OF SAN JUAN CAPISTRANO
Approved By:
E. STEWART AND ASSOCIATES, INC.
^njaniin^iegel
Citv Manager
3rXl^ld
Maria Morris, City Cl^rk^
Approved As To Form:
City Attorney
Signature
Edwin Stewart
Chief Executive Officer
Date
61147.02100X24522544.2 15
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
61147.02100X24522544.2 16
EXfflBIT "B"
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
61147.02100X24522544.2 17
EXfflBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
61147.02100X24522544.2 18
EXHIBIT "A"
SCOPE OF SERVICES
61147.02100X24522544.2 16
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 9* 2006, and is organized to conform to the City's proposal requirements.
With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan
Capistrano, E. Stewart & Associates, Inc. Is uniquely qualified to provide the continuous service and standard of
work the City has come to expect. We are always on standby, should the City require emergency or additional
work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City.
E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal.
We will work closely with the Public Works Department and apply every resource to complete each task we
perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling
our response to the various needs of the City to be rapid and efficient.
This proposal shall be considered valid for a period of 90 days.
The folloxM'ng individuals are authorized to bind the company:
Edwin W. Stewart, Chief Executive Officer
Denlse Petersen, Corporate Secretary
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949) 498-9250
Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal.
Sincerely,
Chief Executive Officer, E. Stewart & Associates, Inc.
EXHIBIT "A"
OPERATIONS WORK SUMMARY
Area of Work Quantity Type of Work
Annual City Program 114 acres Disking
18 acres Mowing
27 acres Handwork
Reservoir Sites 42 acres Performed Monthly
City Right-of-Way 20 acres Performed Monthly
AB 337 High Fire Hazard
Severity Zone 230 acres Disking
20 acres Handwork
Program Administration 825+ Parcels
Nctifloaticns, inspection, Posting, Problem
Resolution, Abatement of Non-Compliant Properties
(February through August)
Winter Preparation 34 Lccaticns V-Ditches
25 Lccaticns Drainage Facility Areas
Small Ditches Sandbag Placement
Swales leading to drains
and trail crossings Sandbag Placement
Thistle Abatement Open space as required If directed by City Council and budget supported
Disking Is performed 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.
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.)
Edwin W. Stewart E. $.tew.art and A^sQct^tes, Inc,
Proposer's Name Company Name
2.
1000 Calie Negocio San Clemente. CA 52673
Business Address
3.
(949.) 498-9.250 FAX (549.1 498-4961
Business Telephone Number
4. List at least six (6) Contracte of a similar type -
either currently held or held within the past 24 months.
From 1990to2006 City/Company Coritact Person Contract
And Number Amount
1990 to 2006 City of San Juan Capistrano Jack. Galaviz 443^-63.54 '$309,69.8.00.
1996 to 2006 Dennis Reed 361-8278
City of San Clemente Tony Montoy^ 361-6172 $140,0.00.00
2000 to 2006 City of S.an Clemente Dennis Reed 361-8278 $ 6,000.00
2002 to 2006 City of San Juan Capistrano Douglas Durahqrt $ 30,000.00
2004 to 2006 SunCal Companies Diane Shaughnessy (6.191 540r.2387 $300,000,00
2005 to 2006 City of Laguna Beach Ray Lardie 497-07.56 $.140,00.0.00
Signature
E. Stewart and Ass-pciates., Inc.
Company
V
1 t
i tST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION.
1.
Edwin W. Stewart . E. StemH ^nd /(ssqctate^, Inc,
Proposer's Name Company Name
2.
1000 Calle Neoocio San Clemente. CA 926.73 '_
Business Address
3.
(949) 498-9.250 FAX 1949) 498-4961
Business Telephone Number
4- List equipment owmed by the quoting firm that is available for use on this contract
Provide type, make and model year. Use additional sheets if necessary.
6.3 Fcho .3800 or 400U. Weedeaters with 10" saW Mades
John Deere 3255 10.0 h.p 4wd ruhExer tired'ttactpr
John Deere ^50.Gi crkvileir lOD. h.p
2 Rotary mowers, 8' & 9'. 2 pull disks 8' & 12^
ASV RCTOO 100 hp traclc-type sktd steer with. gr^PPle tfnes., bucket, chtpper,
rotary mower, hole auger with. 3 bits, dozer blade,
6 still and Echo chainsaws-. . ,
2 flail mowers, 3 13 hp 200. gallon spray rigs, 1 4w.d Gator WJ.th. 50 gallon
spray rig. 1 Ford-650 gtakebed truck., 1 Ford FMSO dump truck., 26' Ijemn
equipment trailer, 2 Ford F-350 pne ton pick-up trucks., 1 GISJC one tpn 35Q0 .
pick-up truck, 2 fuel tanks, -r 500. gallon and 1,0.0.0. gaUgn, 12' pull scraper, -
8' 3pt. hitch scraper.
5. List equipment ihe quoting firm is planning to purchase for use on this contract.
An additional ASV RC 10.0 with bucket'and 7' roow.er.
E. Stewart and Associates. Inc.
Company
20
WEED AND TfflSTLE 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 hicompetent 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 worldng hi
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 worldng 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 of 7:00 a.m. and 4:00
p.m., Monday through Friday, unless otherwise permitted by City representative.
6. Temporary Suspension of Work - 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
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
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 hi 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 of Work
1. Authority of Citv - 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 hitent. 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
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 of the 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 responsibihty 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 doiug
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, mcludiug the City Council and the City representative, shall not be
answerable or accoimtable hi 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 fiom 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, iacluding the City Council and the City
representative and their duly authorized representatives, fiom 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, imtil 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
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.
Personal Liability - Neither the City Council, City representative, nor any other
officer or authorized assistant or agent shall be personally responsible for any liabilily
under the contract.
Terrnination - If at any time, in the opinion of the Director of Public Works,
Contractor fails hi any respect to prosecute any work with the diligence and force
specified and intended hi 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 ia such short notice, the City
reserves the right to cancel the Agreement under the termination provisions of the
standard form Personal Services Agreement.
23
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 of lots
and parcels cleaned. He shall submit to the City reports of completion of work identifying
each parcel by CC. 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 finished 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
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 detennine
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 hy the City.
MBTHCD CF WCRK
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
imsatisfactory, 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 nfinimum,
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 rmdesignated materials, he shall return
such materials to the site fiom which they were removed, and no additional compensation
will be made therefor.
25
Rubbish shall be disposed of at approved locations. The current disposal charge at the Prima
Desbecba Landfill is $27.00 per ton for standard debris; $32.00 per ton for bard 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.
ECUIPMENT
1. The contractor shall provide adequate and suitable equipment to meet contract requirements
and, when ordered by the City representative, shall remove unsuitable equipment fiom the
work.
2. Minimum Equipment List:
a. Cue track-type tractor (Caterpillar size D-4 or equal, and bemg less than ten years
old) equipped with the following:
1) A nfinimum 7'6" wide disc of pull-type off-set with blades of 26" or larger.
2) Muiimum weight of disc shall be two ton.
b. Cue 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) Cue flail mower with minimum 50 HP.
0. Cue rubbish truck with loading capacity of 20 yards or greater.
d. Cue chain saw.
e. Cue band-operated mower.
f. Transport trailers capable of jack-knifing all pubbc 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 band tools.
All equipment must have suitable transport and be equipped with an approved spark arrestor,
fire extinguisber, and wheel chocks where applicable.
All equipment shall be available for inspection within ten (10) days after bidders have been
contacted. Unsatisfactory equipment will be rejected. All equipment shall be maintained in
a reasonable mecbanical condition and replacement equipment shall be approved by City
representative. If such eqrdpment is not replaced, contractor is subject to baviag bis contract
annulled and shall be responsible for any difference in fees over and beyond for replacement
of bis 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
DETAIL SPECIFICATIONS
C. TfflSTLE ABATEMENT - CITY OPEN SPACE
SCOPE OF WORK
1. Work to be Done - Work to be done consists of furnisbing all labor, supervision, metbods of
processes, implements, tools, macbinery, safety equipment, traffic control, materials and
proper licensmg required to abate tbistle 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: Comprebensive tbistle 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 of thistle. It is anticipated that thistle
will steadily decluie with continued annual treatment. Progress will be evaluated annually.
Property to be abated shall include those areas of City Cpen Space as determined and
directed by the Dbector 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 snob alterations or deviations, additions to, or
omissions from these specifications, as may be detemuned 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 Busuiess License, Pest Control
Cperator=s (PCC) Business License, and Pest Control Applicator=s (PCA) License. Note that
copies of PCC and PCA Licenses must be submitted with bid proposal.
REPCRTS
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 Crange County Agriculture
Commission, which provides specific method and chemical recommendations for abatement of
27
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 cbemical usage reports to the County Agriculture Commissioner, with copies
provided to City.
ACCEPTANCE CF WCRK
Prior to pa5mient. City representative will make hispections and determine that the work has been
completed in all respects in accordance with these specifications.
28
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) wbicb 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-roimd weed control. Means of weed control shall include cbemical, mecbanical and
band metbods of abatement.
*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 furnisbing all labor, supervision, metbods of
processes, implements, tools, macbinery, 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. Metbods are expected to include preventative sprajdng with
approved chemicals, machine and/or band 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 of Work - Cleaning shall proceed hi such a manner that right-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 fiom 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 - Citv Street Rigbt-of-Wav
It is anticipated that method of work will include preventative spraying, mecbanical and band work
metbods to insure year round maintenance and shall adhere to the foUowbig:
1. Post-emergent herbicide treatment of live weeds;
2. Mecbanical clearing of dead growth to a height of 3-6 iacbes;
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
METHOD OF WORK - Water Facility 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 reservob 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 Square Feet)
Mow or use weedeater for first portion of road and three feet (3') on each side of road.
Note: No spraying allowed in between first set of gates (horses occupy this area). Use
weedeater two feet (2') on each side of the two upper V-ditcbes. 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 (10') on each side of roadway, use weedeater in a ten foot (10') 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 growmg 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 spraymg with herbicide and
using weedeater. Eradicate as necessary.
CVWD Well 4 - 27130 Paseo Tirador (8.000 SF)
Mow or disc majority of lot. Use weedeater around well bead and piping. Use spray to
control growth.
CVWD Well 5 - 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 ftirtber area of work.
30
SJBA Well Site #4 - 32612 Alipaz Street (30.000 SF)
Mow or disc accessible area and use weedeater for remaining area.
McCracken Reservob - 33102 Valle Road 112.000 SF)
Use weedeater and tben nainioiize growth with herbicide.
Krum 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 fiom the work.
All equipment must have suitable transport and be equipped with an approved spark arrestor, fire
extinguisher, and wheel chocks where applicable.
All eqmpment shall be available for mspection within ten (10) days after bidders have been
contacted. Unsatisfactory equipment will be rejected. All equipment shall be maintained in a
reasonable mecbanical condition and replacement equipment shall be approved by City
representative. If such eqmpment is not replaced, contractor is subject to having bis contract
annulled and shall be responsible for any difference in fees over and beyond for replacement of bis
contract.
In the event bidder wishes to substitute other eqxoipment for any item specified, such substitution
shall be justified to the satisfaction of the City representative.
31
EXfflBIT "B"
SCHEDULE OF SERVICES
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EXfflBIT "C"
COMPENSATION
61147.02100X24522544.2 18
LABOR AND EQUIPMENT RATES
All proposers shall provide the hourly rates for the following portions and equipment.
All prices for equipment shall include operator, fiiel, insurance, and move-in and move-
out fees.
Hourly Rates for Labor
Position Year One Year Two Year Three Year Four Year Five
Supervisor $25 .pr hr $25 or hr $25.pr hr $25 pr hr $25 pr hr
Foreman $18..50Drhr $18..5Q pr h.r $18,5a pr hr^ $18.,5a pr hr $18.,5Q prhr
Laborer $18.5Qprhr $18.50 pr hr $18;5Q pr hr $18,5a pr hr $18.50 prhr
Please list any additional positions not accounted for and provide the hourly rates
above.
Hourly Rates for Equipment
Description Year One Year Two Year Three Year Four Year Five
Loader $155 pr hr $155 pr hr $155 pr hr $155 pr hr $155 pr hr
Dozer $150 or hr $150 pr hr $150 pr hr $150 pr hp $150. pr hr
Tractor $100 pr hr $100 pr hr $100 pr hr $10.0. pr hr llOO pr hr
Dump Truck $ 95 pr hr $ 95 pr hr $ 95 pr hr $ 95 pr hr ; 95 pr hr
Crawler $100 pr hr $100 pr hr $100 pr hr $100 pr hr' $10.0 ^r hr
Water Trud^ $ 60 pr hr $ 60 pr hr $ 60 pr hr $ 60 pr br ; 60 pr hr
Backhoe $ 75 .pr hr $ 75 pr hr $ 75 pr hr $ 75 pr hr i 75 pr hr
ASV w bucket $125.pr hr $125 pr hr $125 pr hr $125 pr hr S125 pr hr
ASV w chipper $250 pr hr $250 pr hr $250 pr hr $250. pr hr' $250 pr hr
ASV w 7' mower $125 pr hr $125 pr hr $125 pr hr $125 pr h.r $125 pr hr
ASV w 6' blade $125 pr hr $125 pr hr- $125 pr hr $125 pr hr $125 pr hr
150 Dump Truck $ 50 pr .hr $ 50 pr hr $ 50 pr hr $ 50 pr hr $ 50 pr hr
Please list any additional equipment not acxxjunted for and proxride the hourly rates
above.
Submitted by:
E. Stewart and Associates. Inc.
Contractor
}g
PROPOSAL (continued)
Emergency Work - Hourly Rates
Cost to perform emergency weed, rubbish, thistle at>atement,
removal of debris at hours other than as stated as normal worldng
hours per the specifications. Price shall include all labor, material,
trucks, equipment, and any appflcable disposal costs-
$/Hr.
•$Q0.
Price Per Hour FOR FIRST TWO HOURS:
$00
Price Per Hour FOR EACH HOUR THEREAFTER: •$QQ
Please indicate below the equipment and number of personnel mcluded "m the rates above.
Normal working crew of 5 personnel and 1 supervisor, pi us- .one crew
truck = $157.50 per hour. No emergency call out added expense, NQ
overtime or extra hour charge. All per&onhel and equipment Ttst&d
on the equipment page are available to the Ctty 24 hours, per deiY;
7 days per week» at no addttfonal cos^t.
Submitted by:
E. Stewart and Associates. Inc.