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17-0207_E. STEWART & ASSOCIATES, INC._E15_Agenda Report2/7/2017 E15 City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: J��n Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director 11^41 - PREPARED BY: Thomas Toman, Assistant Public Works Director Jill Thomas, Senior Management Analyst DATE; February 7, 2017 SUBJECT: Consideration of an Amendment to the Existing Maintenance Services Agreement for Weed Abatement, Rubbish Removal, Thistle Abatement, and Winter Preparations (E. Stewart and Associates, Inc.) RECOMMENDATION: By motion, Approve and authorize the City Manager to execute Amendment No. 2 to the existing maintenance services agreement with E. Stewart and Associates, Inc., for weed abatement, rubbish removal, thistle abatement, and winter preparation services modifying Section 3.3.1 Compensation to set an annual, not to exceed compensation amount that is tied to the available funding in the adopted fiscal year operating budget. EXECUTIVE SUMMARY: The City Council approved Amendment No. 1 to the Maintenance Services Agreement with E. Stewart and Associates, Inc. (ESA) on November 1, 2016, extending the term for weed abatement, rubbish removal, thistle abatement, and winter preparation services for a two year term, with two, one-year optional extensions. However, the agreement needs further amendment because Amendment No. 1 only included funding for one year of the multiyear Agreement and did not include costs for the winter preparations. Staff is requesting approval of Amendment No. 2 (Attachment 2), which City Council Agenda Report February 7, 2017 Paae 2 of 3 will modify Section 3.3.1 of the Agreement to reflect annual expenses for each fiscal year of the agreement, and will also include costs for winter preparations that were excluded from Amendment No. 1. Section 3.3.1 of the original Agreement is included as Attachment 1. Funding for all costs provided for in Amendment No. 1 are included in the current budget for fiscal years 2016-17 and 2017-18, and will be included in budgets for future fiscal years. The existing Maintenance Services Agreement with ESA provides for weed abatement, rubbish removal, thistle abatement, and winter preparations for the Public Works & Utilities Departments, the costs of which are funded by various funds and divisions. In the November 1, 2016, Agenda Report for Amendment No. 1, not all service areas in the Utilities Department were identified and included in the not to exceed amount of $240,000. Typical annual costs for services under this agreement are estimated at $280,000 per fiscal year. Modifying the compensation language in the agreement (Section 3.3.1) will allow for payment of all related work required citywide within the adopted annual budgets. FISCAL IMPACT: There is no fiscal impact as funding for the contract is, or will be, included in adopted operational budgets for Public Works and Utilities. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), which is the general rule that 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. Amending the compensation of the maintenance services agreement with ESA to provide weed, rubbish, winter preparation, and thistle abatement would not be an activity with potential to cause significant effect on the environment, and therefore is exempt from CEQA. CITY COUNCIL REVIEW: • On March 17, 1998, the City Council approved a personal services agreement with Stewart and Associates to provide weed and thistle abatement/control on City property and open space and private property, street right of way areas, and water facility sites. • On October 15, 2002, the City Council approved a personal services agreement with Stewart and Associates to provide weed, rubbish, and thistle abatement. City Council Agenda Report February 7, 2017 Paae 3 of 3 • On January 16, 2007, the City Council approved the personal services agreement with E. Stewart and Associates, Inc. (Incorporated in 2004) to provide weed, rubbish, and thistle abatement. • 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 thistly abatement, for an amount not to exceed $240,000. • On November 1, 2016, the City Council adopted a resolution waiving the formal request for proposal (RFP) process and authorized the City Manager to execute an amendment to the maintenance services agreement with ESA for weed, rubbish, winter preparation, and thistle abatement services at the current unit pricing not to exceed $240,000 annually, for an additional two year term, with two one-year optional extensions. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission review. NOTIFICATION: E. Stewart and Associates, Inc. ATTACHMENT(S): Attachment 1: Section 3.3.1 and Attachment C from Original Agreement Attachment 2: Amendment No. 2 [Pages from Original Agreement for Reference] 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. 33.1 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 &Q., and 1770, etLe ., 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 61147.02100124522544.2 10 ATTACHMENT 1 Page 1 of 4 [Pages from Original Agreement for Reference] EXHIBIT "C" COMPENSATION 61147.02100124522544.2 18 ATTACHMENT 1 Page 2 of 4 [Pages from Original Agreement for Reference] 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 -ire and move - out fees. Hourly Rptaea for Labor PasiGion Year One Year Twin Year Three Year Four ~Flve Su rvisor B r hr 25 or hr $25 r hr $25 r hr $25 r hr Foreman 18 50 h $18,50 pr 18 50 pjE b $18 5Q pr h $18,.50 prhr LAborer $18, 50 rhr $18,50 pr hr '18'.5Q pr hr $18.50 r ta $18.50 prFr hr 150 r hr $150 r_ hr $150 I^ hr i;15a r hr Tractor1 Please list any additional pool ions not accounted for and provide the hourly rates above. Hourly Rates for E ul ment F-650 Dasvri don e Year Two Year Three Year Four Year Frye Loader 155 hr X155 r hr Dozer hr 150 r hr $150 r_ hr $150 I^ hr i;15a r hr Tractor1 100 r hr '100 r hr Du Trude r 95 r hr 95 r hr $ 95 r hr 95 r hr Crawler hr qhr 100 ' r hr $100 r hr $100 r hr 1100 *r hr Water Truck hr 60 r br $ 6b r hr 5 60 r hr 60 pr Backhoe 75-prhr 75 r hr $ 75 r hr $ 75 r hr i 75 r ,hr hr ASV w bucket r 125 pr hr $125 Or hr 125 pr hr . pr r V i r 250 r hr 250 r hr 2511 r hr:250 r hr S 7' m rhr 125 r hr 125 r hr 125 r hr 1125 r hr ASV w 6' blade $125 pr hr $125 pr hr- $125 Or hr $125 Or hr $125 Or hr F-%F-4 0 DumpTruck $ 5p pr hr $ 50 r hr $ 50 r hr $ 50 pr hr $.50 r hr list any ilddidonal equipment n�t accounted i�or and provide tl� hourly roes above_ Submitted by: F _Steam and ,AsAaL s1w_' Inc cont ctor 4rtgnaturefepresentative pate !t ATTACHMENT 1 Page 3 of 4 [Pages from Original Agreement for Reference] PROPOSAL (continued) EM2g;ency Work - Hourly Rees Cost to pes+bm errtwWcy weed. ntbttbk Wolfe abohment. $Mr. removal of debris at !tours adw than as xWed as normel wati N hours per the ins. P** *hW intkude aN labor, material, trucks. equipment, and any applicable disposal casts. $QQ Price Per Hour i Am Price Per Hour FOR EACH "OUR'[BEAFTF.i� ll Please indicate below than equipment and number of personnel Included in to rasa above. Normal working crew. of 5 pgrSgnnel ind 1 supervises.plus-_ont erect truck - $157.50 per hour. No emergency call out added expense. No overtime or extra hour charge. All ersonrtel and equipment lt'ated on the equipment page are available to the My 24 hours per dafyr 7 days per week, at no additional coat. Submitted by: —5t Mart and As,5Qrj ate&Inc . Co yr gnature of Representative pa s ATTACHMENT 1 Page 4 of 4 AMENDMENT NO.2 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES, INC. 1. Parties and Date. This Amendment No. 2 to the Maintenance Services Agreement is made and entered into as of this 7th day of February, 2017, by and between the City of San Juan Capistrano, a municipal organization 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." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled "MAINTENANCE SERVICES AGREEMENT" dated March 15, 2016 ("Agreement") for the purpose of retaining the services of Contractor to provide professional weed and rubbish abatement and winter preparation services. The Agreement was Amended on November 1, 2016 to reflect a term extension of an additional two year term with two one-year optional extensions. 2.2 Amendment Purpose. The City and Contractor desire to amend the Maintenance Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle Abatement at the current unit pricing to reflect a not to exceed, per fiscal year, the total amount available in the City's adopted fiscal year operating budget for weed, rubbish, and thistle abatement and winter preparation and storm services. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3.1 of the Agreement. 3. Terms. 3.1 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: Page 1 of 3 61147.02100\29483683.1 ATTACHMENT 2 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 for the Services performed during any fiscal year (defined as July 1 to June 30) shall not exceed the total amount available in the applicable fiscal year operating budget for weed, rubbish, and thistle abatement and winter preparation and storm services adopted by the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of 3 61147.02100\29483683.1 ATTACHMENT 2 SIGNATURE PAGE FOR AMENDMENT NO.2 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Ben Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney E. STEWART AND ASSOCIATES, INC. Signature Name Title Date Page 3 of 3 61147.02100\29483683.1 ATTACHMENT 2