Agenda packet, regular meeting, first session — San Clemente City Council, June 20, 2023 (part 3 of 7)

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EXHIBIT “B”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made 20

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basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials,
officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not
(1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies
shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies
shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) The policy must “pay on behalf of” the insured and
include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any 21

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other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any
deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City 22

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to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage.

Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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EXHIBIT “C”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, in a writing signed by the parties, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA.
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier___________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated: ________________________, 2023
Kimley-Horn and Associates, Inc. (Consultant)
By: _____________________________

_____________________________
Title
_____________________________
Address
_____________________________
25 n
n
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ENVIRONMENTAL REVIEW FOR THE

BLUFFS AT BOCA

PROPOSAL FOR
Project Located at 320-326 La Rambla
and 312-314 Boca Del Canon
in the City of San Clemente, CA
PREPARED FOR:

PREPARED BY:
$77$&+0(17 3
26 Kimley>>> Horn
Expect More. Experience Better.
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City of San Clemente | EVRS96002.2023 1

1.Cover Page
March 10, 2023
Chris Johnson, Senior Planner
Planning Division
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
RE: Proposal Environmental Review for the Bluffs at Boca Project Located at 320-326 La Rambla and 312-314 Boca Del Canon in the City o f San Clemente, CA
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to the City of San Clemente(City) to conduct a peer review of an Environmental Impact Report (EIR) and related technical documents prepared in accordance with the California EnvironmentalQuality Act (CEQA) for the Bluffs at Boca project. Kimley-Horn understands that the project applicant has selected an independent consultant to prepare the EIR, and the City is seeking proposals from qualified consultants to provide a comprehensive review of environmental documents provided by the applicant’s consultant.

As demonstrated in our proposal, Kimley-Horn has consistently taken on new and unique opportunities for environmental analysis and successfully delivered comprehensive, defensible CEQA documents. We are very excited for the opportunity to serve you through this contract.

Drawing upon our experience with residential developments and developments specifically within the Coastal Zone, Kimley-Horn has assembled a team to work with the City on this project. We have the in–houseresources to provide the requested analyses on time and within budget. Kimley-Horn has the depth of knowledge needed to peer review these environmental documents, gained through our recent and current experience providing similar services for numerous cities and counties. We consider it our responsibility to review environmental documents that are sensitive to the public’s concern for resource protection and community impacts, as well as to the real-world issues associated with the cost and feasibility of implementing mitigation. Whether our role is to peer review or to prepare CEQA documents and technical studies, we understand the inherent complexities of processing projects through CEQA. Our staff have an excellent track record in peer reviewing CEQA documents such that they are capable of withstanding stakeholder scrutiny and legal challenge.

Heidi Rous will lead the Kimley-Horn team as project manager. With more than 30 years of experience in providing CEQA services throughout Southern California, Heidi bringsthe skill set and experience needed to provide leadership and management for the project. Heidi will be responsible for supervision of the Kimley-Horn team and will review the environmental documents for compliance with CEQA requirements and guidelines. Heidi will be assisted by Jessie Fan, who will provide the quality control/quality assurance (QC/QA) for the CEQA documents. By choosing Kimley-Horn as your consultant, you capitalize on our team’s knowledge, local familiarity, resources, and proven ability to put your needs first as we help you develop effective, practical solutions for your project. Thank you for your time and consideration of our proposal. If you have any questions or need any additional information regarding our team or qualifications, please feel free to contact project manager Heidi Rous at 213.394.0379 or at [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Heidi Rous Greg Kyle, AICP*
Project Manager Sr. Vice President
[email protected] [email protected]
213.394.0379 213.261.4109
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
*Gregory Kyle, AICP has the authority to
bind Kimley-Horn and legally execute
agreements and amendments on behalf
of the firm.
**Kimley-Horn has reviewed the Sample
Professional Services Agreement and
would like to discuss the following
modifications with the City.
28 })}
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Contract Exceptions

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE] consulting services necessary for the Project (“Services”). The Services are more particularlydescribed in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner to the extent arising out of, pertaining to, or incident to any negligent allegedacts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Notwithstanding any other provision of this agreement, Consultant shall not be deemed in breach or be liable for delays in performance caused by circumstances beyond the reasonable control of Consultant. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the Consultant shall, within a reasonable time of being prevented from performing, give written notice to City describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant’s exclusive remedy in the event of delay covered under this section shall be a non–compensable extension of the Schedule of Performance.

EXHIBIT C INSURANCE REQUIREMENTS

3.2.12.4 Professional Liability (Errors & Omissions):
(B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

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Table of Contents
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Table of Contents

1. Cover Page....................................................................................................................................................................................1 Table of Contents..................................................................................................................................................................................3

2. Summary.......................................................................................................................................................................................5

3. Background and Experience......................................................................................................................................................... 9

4. Team Description........................................................................................................................................................................ 13

5. Fee Schedule...............................................................................................................................................................................23 Kimley>>> Horn 31
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2. Summary
a) Project Understanding and Scope of Work
The project would develop seven single–family detached dwellings on seven existing vacant lots across 1.58 acres at 320–326 La Rambla and 312–314 Boca del Canon. The project would create public easements for public beach access and a public lookout area, as well as a lot line adjustment and abandonment of a “paper” street at the end of La Rambla. The project site has a General Plan land use designation of Residential Low Density (RL) and is zoned RL. A Notice of Preparation (NOP) was distributed on November 14, 2022, and a public scoping meeting was held on November 18, 2022. Applicant’s environmental consultant will prepare draft and final CEQA technical studies and the EIR documents required for environmental clearance under CEQA. The following approach demonstrates Kimley–Horn’s experience on peer reviewing and completing similar types of projects to satisfy environmental clearance and CEQA requirements for the project.

Task 1 – Project Kickoff and Management
Heidi Rous and Jessie Fan will attend one in–person kick–off meeting (up to one hour) with City staff to initiate the project and to receive all necessary background data, technical studies, and environmental documents. Kimley-Horn will review the Project Description, NOP, public scoping meeting materials, and public comments received on the NOP.

Delive rables:

Deliverables will be transmitted electronically unless otherwise noted x Two (2) Kimley-Horn staff participation in in–person Kick–Off Meeting x Review of Project Description, NOP, public scoping meeting materials, and public comments received on the NOP Task 2 – Peer Review Technical Studies
Kimley-Horn anticipates that the City will receive, review, and forward the draft technical studies from the applicant to Kimley-Horn for review and comment. Kimley-Horn will peer review the technical studies to determine if the technical studies are comprehensive and adequate to address the impacts in accordance with CEQA Guidelines Appendix G thresholds. Kimley-Horn assumes that the technical studies will be provided in Microsoft Word format with any figures and attachments in PDF format, and will provide conclusions, impact significance determinations, and mitigation measures, as needed. It is Kimley–Horn’s understanding that we will generally receive technical studies that have undergone appropriate levels of internal QC/QAreviews by the performing consultants, and that Kimley-Horn is to perform a comprehensive peer review focusing on whether the reports specifically include the following:
x Clear presentation of data, methods, and conclusions, suitable for City decision–makers, reviewing/responsible agencies, the public, and other stakeholders;
x Defensible analyses and conclusions, and feasible mitigation measures and avoidance strategies supported by documented evidence; x Appropriately conservative assumptions, estimates, and calculations which serve the basis of the impact analyses, in line with the needs of the most impactful aspect of project implementation; and x Use of consistent terms, assumptions, and narratives between the various reports.

Kimley-Horn will conduct one (1) review cycle for each technical study requested to be reviewed. If Kimley-Horn determines that revisions are necessary for the technical studies, Kimley-Horn will provide a redline version of the technical studies in Microsoft Word back to the City to transmit to the applicant’s consultant. Kimley-Horn will provide one (1) review of the revised technical studies to confirm that all edits are completed. If an additional review cycle is needed, Kimley-Horn will provide an additional fee and scope to the City for approval. Based on correspondence with the City, Kimley-Horn will review the following technical studies:
x Air Quality, Energy, and Greenhouse Gas (GHG) Emissions Impact Analysis
x General Biological Assessment
x Phase I Cultural Resources Assessment
x Preliminary Geotechnical Evaluation Report
x Wave Runup and Coastal Hazard Study
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x Phase I Paleontological Assessment
x Noise and Vibration Impact Analysis
x PSU Correspondence
x Traffic Assessment Memorandum
x Water Quality Master Plans
If needed, Kimley-Horn will, with City concurrenceand assistance, interface with the applicant’s consultants to verify that the edits are appropriately implemented by the original authors. Kimley-Horn has allocated up to four (4) hours of teleconference calls to resolve outstanding environmental issues raised in Kimley-Horn'sreview of the draft technical studies with the applicant’s consultants. If additional time is needed, Kimley-Horn will provide an additional scope and fee to the City for approval.

Delive rables:
x One (1) review cycle of each draft technical study, inclusive of redline edits and margin comments in Microsoft Word x One (1) review cycle of each revised technical study to confirm all edits are implemented and/or otherwise resolved to our satisfaction x Up to four (4) hours of teleconference calls to resolve outstanding environmental issues Task 3 – Peer Review Draft Environmental Impact Report
Kimley-Horn anticipates that the City will receive, review, and forward the Administrative Draft EIR in Microsoft Word format from the applicant to Kimley-Horn for review and comment. Kimley-Horn will peer review the Administrative Draft EIR to verify the EIR is accurate, complete, and legally adequate. Kimley-Horn assumes that the Project Description will be consistent between the technical studies and the Draft EIR. KimleyHorn will make the necessary revisions to the Administrative Draft EIR in redline or margin comments. Similar to our approach for review of the technical studies, Kimley-Horn assumes that the Administrative Draft EIR will have undergone appropriate levels of internal QC/QAreviews.

Therefore, Kimley-Horn will provide one (1) round of review of the Administrative Draft EIR and will provide any additional edits and comments to the City directly. After applicant’s consultant reviews and revises the Administrative Draft EIR, Kimley-Horn will provide one (1) round of review of the Proof Check Draft EIR to verify all comments were addressed and resolvedto Kimley-Horn’s satisfaction. Kimley-Horn is available to help review the City’s Notice of Availability of the Draft EIR and the Notice of Completion, if necessary.

Delive rables:
x One (1) round of review of the Administrative Draft EIR x One (1) round of review of Proof Check Draft EIR
Task 4 – Peer Review Final Environmental Impact Report
Similar to our approach to Task 3 for the Draft EIR, Kimley-Horn will peer review the Administrative Final EIR, which will be provided by applicant’s consultant, and provide one (1) round of review of the Administrative Final EIR and will provide additional edits and comments to the City directly. The budget for reviewing the responses to comments on the Draft EIR will be based on a total number of hours (30) the peer review of the Administrative Final EIR, rather than based on a fixed number of comments or responses. Given the potential scrutiny involved with this project, should the level of comments and responses exceed our estimates, Kimley-Horn will provide an additional fee and scope to the City for approval. After applicant’s consultant reviews and revises the Administrative Final EIR, Kimley-Horn will provide one final review of the Proof Check Final EIR to verify all comments were addressed and resolved to Kimley-Horn’s satisfaction.

Delive rables
x One (1) round of review of the Administrative Final EIR x One (1) round of review of Proof Check Final EIR
Task 5 – Project Meetings and Hearings
Heidi Rous will serve as the project manager responsible for supervision of the Kimley-Horn team and review the documentation compliance with CEQA requirements and guidelines and City CEQA procedures. Project management responsibilities include task scheduling and assignment, contract administration and accounting, and coordination and communications with the City. Heidi will maintain email communications with the City to confirm compliance with the Scope of Work, budget, and schedule, and to disseminate project information in Kimley>>> Horn 35
City of San Clemente | EVRS96002.2023 7
a timely manner. Kimley-Horn assumes, due to the nature of the Scope of Work (e.g., applicant’s consultant will provide revisions, during which Kimley-Horn will have limited activity), up to six (6) one-hour conference calls for two (2) Kimley-Horn staff and City staff to discuss project status and to discuss project-related questions will be required. This task does not include budget for discussions with the applicant’s consultant related to resolving environmental comments that arise during the peer review process (see Task 2 above).

Heidi Rous and Jessie Fanwill attend up to two (2) in-person public hearings (up to two hours each hearing) duringwhich approval of the project would be considered. It is assumed that City will coordinate and facilitate the meetings and that presentation materials describing or illustrating the project will be provided by the applicant, applicant’s consultant, and the City. Kimley-Horn will be available to answer technical questions concerning the CEQA process.

Delive rables:

Deliverables will be transmitted electronically unless otherwise noted. x Participation in up to six (6) one-hour conference calls with City staff for two (2) Kimley-Horn staff x Participation in two (2) in-person public hearings for two (2) Kimley-Horn staff Services Not Included:

Any other services, including but not limited to the following, are not included in this scope of work:
x Additional technical studies and reports that are not included in the RFP and in the scope of work above x Drafting, review, or distribution of CEQA notices (e.g., Notice of Completion, Notice of Availability, Notice of Determination, Notice of Public Hearings)
x Attendance at additional meetings and public hearings outside of the ones listed above x Printing and distribution of hard-copy documents
Additional Services:

Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates, with City approval. Additional services we can provide include, but are not limited to, the following:
x Additional or extraordinarily lengthy meetings or agency consultation efforts x Additional review or editorial cycles
b) Kimley–Horn’s Time in Business
Kimley-Horn was founded in 1967as a full-service consulting firm offering comprehensive and innovative environmental, transportation planning, civil and structural engineering, and traffic engineering services.We have been in business for 56 years.

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c) Project Manager Contact Information
Heidi Rous will serve as your Project Manager and primary point of contact:

Heidi Rous – Project Manager
Heidi.Rous@kimley–horn.com
213.394.0379
d) Additional Information
We have no additional information to provide at this time.

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5 Background and
Experience
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3. Background and Experience
a) Firm Background and Experience Preparing Environmental Documents Kimley-Horn is a full service, privately-owned consulting firm recognized as a leader in providing comprehensive and innovative environmental, planning, transportation planning and engineering, and civil and structural services to public sector and privatesector clients. Founded in 1967, we have grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of over 6,600 employees in 109 offices nationwide. Our 12 California offices, including offices in Los Angeles, Orange, San Diego, Riverside, and Coachella Valley, have more than 600 planners, engineers, designers, technicians, and administrative/support personnel – affording us the depth of resource necessary to meet the needs of the City for this project and beyond. We offer clients the local knowledge and responsivenessof a small firm backed by the resources only a national firm can provide. Kimley-Horn has been preparing planning and environmental documentation in California for over 23 years. With the Kimley-Horn team, your best interest will always be the focus of our efforts. Combining national experience with a local sensibility, Kimley–Horn’s professionals provide comprehensive solutions to the planning, analysis, and design of public and private spaces. Our team draws upon years of experience with private development and public agencies to develop user friendly documents—creating project designs that minimize impacts to the natural environment and community.

On all our projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the document and scope of related technical studies. Kimley-Horn provides a full range of planning and environmental services to counties, municipalities, and other state and local agencies as well as private entities throughout California, including the following, which are applicable to the City:
39 Kimley-Horn California Office Locations
Sacramento
0 San °,:,~:«::,0 o PlnAnton
San Joseo Capitola O
O Sallaaa
Riverside
Los Angeles O O O Coacllela
Orangeo va11ey
San0lego O
• Initial Studies and Environmental Assessments • Senate 8111 (SB) 375 Compliance Reports • Negative Declarations and Mitigated Negative Declarations • Sustainable Communities Environmental Assessments • Environmental Impact Reports (Program, Focused, Master, • Response to Comments supplemental, Subsequent, Staged) • Mitigation Monitoring and Reporting Program • Addenda • Preparation and Compliance/Implementation
• categorical Exemptions and CEOA Section 157 83 Exemptions • Rndings of Fact and Statements of Overriding Considerations • Peer Review of Technical Studies • Parking and Parking Management Studies • Air Quality Studies • Transportation Studies: vehicle miles traveled • Health Risk Assessments (VMT) and Level of SeNice (LOS) • Climate Action Plans • Biological Resource Assessments, Jurisdictional • Community Impact Assessments Delineations, Tree Surveys • AestheticsMsual Impact Analyses including • Phase I and II EnvironmentEI Site Assessments shade/shadow analyses, visual simulations, • Hydrology/Drainage Studies and Visual Impact Assessments • Water Quality Management Plans (WQMP) • Energy Evaluations • Water Supply Assessments
• Greenhouse Gas (GHG) Emissions Assessments • Utility/Sewer/Infrastructure Studies • Historic Resources Evaluauons • Recreational Facility Assessments and A-IWA • CUiturai Resources and Triba.l Cultural Section 4(Q Evaluations Resources Assessments • Wild/and Fire Hazards/Fire Protecuon Studies • Noise and Vibration Studies
• Landscape Architecture
• Local Roadway Design
• Transpormtion Planning
and Operations
• Structural Engineering
• Aviation
• Hydrology and Hydraulics
• Stormwater Quality and
Stormwater Pollution
Prevention Plans (SWPPPJ
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b) References
Project Experience
Kimley-Horn provides the City with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer. Today, we are one of the largest engineering, planning, and environmental consulting firms in the United States. Our team members' experience on similar projects within the last five years are shown on the following pages.

County of San Bernardino, Vidal Energy Project EIR Peer Review, San Bernardino County, CA Heidi Rous and Jessie Fan performed a peer review of applicant– provided technical studies and EIR documents. Kimley-Horn also supported the County of San Bernardino through publication of CEQA–related materials. Kimley-Horn was selected based on our experience peer reviewingtechnical studies and preparing CEQA documents within the County of San Bernardino for other development projects. Kimley-Horn is currently peer reviewing the applicant–provided responses to comments on the Draft EIR and Final EIR documents. This project was initiated in February 2022.

Ke y Staff Involved:

Heidi Rous, Jessie Fan, Jessie Barkley, Danielle Millar City of Long Beach, Community Hospital Long Beach Remodel Project IS/MND, Long Beach, CA Heidi Rous, project manager, and Jessie Fan, deputy project manager, are preparing the IS/MND for the remodel of the hospital campus buildings, relocation of acute care services into seismically compliant portions of the hospital buildings, construction of a new central utilities plant, and minor exterior improvements and remodeling to the existing historic hospital building. As part of the project, Kimley-Horn peer reviewed the applicant–provided acoustical report, geotechnical report, historical resource survey, and cultural resource project analysis.

Kimley-Horn prepared air quality, health risk assessment, GHG emissions, energy, low impact development study, and the IS/MND. This project was initiated in July 2021. The project has been put on hold as of October 2021.

Key Staff Involved: Heidi Rous, Jessie Fan
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City of San Clemente | EVRS96002.2023 11
City of South Pasadena, Fairview Court Project Categorical Exemption, South Pasadena, CA Jessie Fan managed and prepared the Class 32
Categorical Exemption for the construction of 22,032
square feet of commercial retail uses and 108 residential units, 19 of which would be affordable units. The project would adaptively reuse the historic school administrative office building and auditorium on–site to create a
commercial shell for future tenants. Kimley-Horn peer
reviewed the air quality, GHG emissions, and energy
analysis; transportation study; noise analysis; and
historic resource evaluation. Upon completion of the peer review, Kimley-Horn advised the City that the project
would qualify for a Class 32 Categorical Exemption
rather than the IS/MND that the City requested. KimleyHorn assisted the City with noticing to the County Clerk and State Clearinghouse. This project was approved in September 2022.

Ke y Staff Involved: Heidi Rous, Jessie Fan, Ryan Callahan Client References
Since 1967, for 56 years, Kimley–Horn’s successhas been directly related to our efforts to perform high–quality, timely services. We are proud of the excellent relationships we have built with our clients. In turn, our clients show their appreciation by selecting us over and over again as their consultant. Approximately 90 percent of the firm's services are for repeat clients. We invite you to contact our clients and talk to them about our work history, quality of service, and whether they would again select us for similar services.

County of San Bernardino
Jim Morrissey, Planner
Land Use Services Department
385 N. Arrowhead Avenue, 1st Floor
San Bernardino, CA 92415
909.387.4234
[email protected]

City of Long Beach
Scott Kinsey, AICP, Planner V
Long Beach Development Services, Planning Bureau
411 W. Ocean Boulevard, 3rd Floor
Long Beach, CA 90802
562.570.6461
[email protected]
City of South Pasadena
Matt Chang, Planning Manager
Community Development Department
1414 Mission Street
South Pasadena, CA 91030
626.304.7227
[email protected]
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City of San Clemente | EVRS96002.2023 12
c) Legal Challenges
Heidi Rous and Jessie Fan have prepared environmental documents for controversial development projects throughout Southern California.

The proposed project team collectively have provided extensive support to applicants and jurisdictions for litigated environmental documents.

In addition to providing responses to comments, public hearing support, and responses to appeals, the project team has provided expert testimony as it relates to technical analyses provided within the prepared environmental documents. Key members of the proposed project team have also provided strategic input to assist in holding up environmental documents due to legal challenges.

Litigation History
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.

Legal proceedings in California within the last five (5) years are as follows:
29Twenty Maintenance Association v. Van Daele Development Corp., et al; Los Angeles County, Superior Court of the State of California; Case No. 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020 Farhad Abad, individually and for the Estate of Mahin Ashki–Abad; Keemia Abad; and Arianna Abad v. U.S. Foods, Inc., et.al.; Alameda County Superior Court; Case No. RG17856272; filed 2017; traffic accident, wrongful death claim; settled; closed 2019.

Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case # CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; pending
Nancy Graham v. City of Santa Cruz, et al: Santa Cruz County Superior Court; Case No. 16CV02729; filed 2017; bicycle accident, personal injuries; settled; closed 2018.

Brenda Sherriffs v. Kimley-Horn and Associates, Inc., et al: Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident, personal injuries; settled; closed 2019.

Kimberly Lynn Wright and Ty Juan Montanez v City of Concord; et al; Superior Court of California, County of Contra Costa; Case No. MSC20– 01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending Kimley>>> Horn 42
1 2
3 4
5 Team Description
4 43
City of San Clemente | EVRS96002.2023 13

4. Team Description
a) CEQA Project Manager
Heidi Rous will serve as the main point of contact and manager for all CEQA-specific tasks and responsibilities. b) Summary of Key Personnel Qualifications
The following staff are key personnel who will be assigned to work on all phases of the project. Their credentials, education, and experience demonstrating their qualifications are as follows:

Name, Credentials Role Education Experience
Heidi Rous Project Manager Bachelor of Science, Physics, California Polytechnic State University, Pomona Over 30 years Jessie Fan, ENV SP Deputy/Alternate
Project Manager
Master of Science, Environmental Analysis & Decision Making, Rice University
Bachelor of Science, Environmental Science,
University of California, Los Angeles
Over 7 years
Jessie Barkley Aesthetics/Land Use
Master of Arts, Urban and Regional Planning,
University of California, Irvine
Post-Graduate Certificate, Marketing and Communications, University of California, Irvine
Bachelor of Arts, Geography,
University of British Columbia, Vancouver
Over 20 years
Jessica Mauck Cultural Resources
Master of Arts, Historical Archaeology (with Merit), 2015, University of Leicester, England
Bachelor of Arts, Anthropology, 2011,
University of California, Los Angeles (UCLA)
Over 8 years
c) Staff Organization Chart and Resumes
Kimley-Horn knows that when you choose a consulting firm, you are looking to choose the people who will bring you technical experience, hands-on experience with similar projects, and a commitment to timely, first-rate deliverables and client service. That’s why we’ve carefully considered the composition of our team, identifying the most qualified personnel with recent, relevant project experience to work with you.

Heidi Rous will lead our team as dedicated project manager and will serve as the City’s primary point of contact. Heidi will be supported by Jessie Fan, ENV SP, our proposed alternate project manager if Heidi is absent. Our team offers prior experience working together, a unique understanding of the local landscape, and a thorough understanding of relevant local, State, and federal standards and policies. An organizational chart is provided below, which identifies key personnel proposed to perform the specified tasks and includes major areas of subconsultant work. In addition, it defines roles, lines of communication, and support services. If selected, this is the team expected to serve you throughout the duration of the contract. Our organization chart and resumes for key personnel—highlighting their education, training, areas of technical experience, and applicable professional credentials—are provided on the following pages.

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City of San Clemente | EVRS96002.2023 14 45
* Key Personnel
Subconsultant:
1 . Rocks Biological Consulting
Aesthetics/Land Use
Jessie Barkley*
Cultural Resources
Jessica Mauck*
Project Manager
Heidi Rous*
De /AHernate:

Jessie Fan, ENV SP*
Air Quality/Noise
Heidi Rous*
Danielle Millar
Ryan Callahan
Biological Resources
Jim Rocks, M.S. 1
Melanie Rocks, M.S. 1
Other CEQA Resource Areas
Jessie Fan, ENV SP"'
Sophie LaHerran
Cameron Bauer
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City of San Clemente | EVRS96002.2023 15
Heidi Rous
Project Manager
Heidi has over 30 years of experience performing and managing comprehensive environmental documentation review to meet the requirements of CEQA, NEPA, and similar state environmental review laws. In addition, Heidi maintains subject matter experience in planning, permitting, and compliance services specializing in air quality, noise & vibration, hazardous materials, risk assessment, safety, and resiliency. Throughout her career, Heidi has supported a wide array of public sector clients, including dozens of cities and counties, and numerous local, regional, state, and federal agencies. Project types include private development of housing, mixed use, industrial, and commercial land uses, public service campuses (hospitals, educational facilities, hospitality), utilities (water, wastewater, power plants, renewables), parks, trails, and open space, roadways and intermodal facilities, transportation planning efforts, rail and marine improvements, and airports.

Relevant Experience
x Sa n Bernardino County, Vidal Energy Project EIR, San Bernardino County, CA – Project Manager and Peer Reviewer x TerraGen, Desert Breeze Solar Project EIR, San Bernardino County, CA – Strategic Advisor and Peer Reviewer x TerraGen, Lockhart Solar PV II Project EIR, San Bernardino County, CA – Strategic Advisor and Peer Reviewer x City of Artesia, Artesia Boulevard Corridor Specific Plan Amendment Project EIR, Artesia, CA –Air Quality, GHG Emissions, Health Risk Assessment, and Noise Strategic Advisor
x City of Carson, Specific Plan Amendment for the 157 Acre Carson Marketplace Project Environmental Impact Report (EIR), Carson, CA – Project Director and Technical Lead for Air Quality, Greenhouse Gas, Energy, and Noise Impact Assessments x City of Ontario, Ontario Ranch Business Park Specific Plan Amendment Project Subsequent EIR, Ontario, CA – Peer Reviewer x LeSar Development Consultants, Palmdale Housing Opportunity Project IS/MND, Palmdale, CA – CEQA Project Manager x City of Long Beach, Community Hospital Remodel Project IS/MND, Long Beach, CA – Project Manager x City of Temple City, Pacific Las Tunas Mixed–Use Project, Temple City, CA – Project Director x City of Solana Beach, Safety Element Update and Climate Vulnerability Assessment, Solana Beach, CA– Project Manager Professional Credentials
9 Bachelor of Science, Physics,
California Polytechnic State
University, Pomona
9 GPRO Certified, Urban Green
Council
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City of San Clemente | EVRS96002.2023 16
Jessie Fan, ENV SP
Deputy/Alternate Project Manager
Jessie brings over seven years of experience in environmental planning and documentation. She has experience in a variety of areas including population/housing, public services, water supply, wastewater, solid waste, and sustainability. She has worked on a diverse set of project types, including residential subdivisionprojects and affordable housing projects. She has prepared and managed all levels of CEQA documentation, ranging from Categorical Exemptions (CEs) and Sustainable Communities Project Exemptions (SCPEs) to Mitigated Negative Declarations (MNDs) and EIRs. Jessie is responsible for preparing and reviewing CEQA documentation as well as coordinating and communicating with the internal and external teams on budget, schedules, and deliverables.

Relevant Experience
x REthink Development, Culver Arts and Apartments Project CE, Culver City, CA – Project Manager
x City of Temple City, Pacific Las Tunas Mixed–Use Project CE, Temple City, CA – Project Manager x City of South Pasadena, Fairview Court Project CE, South Pasadena, CA – Project Manager x City of San Gabriel, Rubio Village CEQA Compliance, San Gabriel, CA – Project Manager x LeSar Development Consultants, Palmdale Housing Opportunity Project IS/MND, Palmdale, CA – Deputy Project Manager and Lead Analyst
x CIM Acquisition Group, 10510 Culver Boulevard Project CE, Culver City, CA – Project Manager x TerraGen, Desert Breeze Solar Project EIR, San Bernardino County, CA – Project Manager x City of Artesia, Artesia Boulevard Corridor Specific Plan Amendment Project EIR, Artesia, CA – Deputy Project Manager and Lead Analyst
x City of Agoura Hills, Ladyface Vista Professional Office Complex Project MND, Agoura Hills, CA – Deputy Project Manager and Lead Analyst
x Sa n Bernardino County, Vidal Energy Project EIR, San Bernardino County, CA – Deputy Project Managerand Peer Reviewer x TerraGen, Lockhart Solar PV II Project EIR, San Bernardino County, CA – Deputy Project Manager and Peer Reviewer x City of Ontario, Ontario Ranch Business Park Specific Plan Amendment Project Subsequent EIR, Ontario, CA – Peer Reviewer x City of Solana Beach, Safety Element Update and Climate Vulnerability Assessment, Solana Beach, CA – Task Lead

Professional Credentials
9 Master of Science,
Environmental Analysis &
Decision Making, Rice
University
9 Bachelor of Science,
Environmental Science,
University of California, Los
Angeles
9 Association of Environmental
Professionals, Los Angeles
County Chapter – Board of
Directors (2020-2022)
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City of San Clemente | EVRS96002.2023 17
Jessie Barkley
Aesthetics/Land Use
Jessie is an environmental planner with 20 years of experience. She is a skilled CEQA and NEPA practitioner that has led and contributed to numerous projects for a variety of project types, including mixed–use, entertainment, redevelopment, infrastructure, commercial, energy, and long–range community plans. Jessie’s responsibilities include directing project teams; preparing and managing project work plans, scopes, schedules, and budgets; conducting senior–level review of draft work products; interfacing with clients, subconsultants, and agency staff; and marketing services among existing and prospective clients. Throughout her career, Jessie has supported a wide array of complex environmental documents (Program EIRs, Project EIRs, EIR Addendums, Supplemental EIRs, Sustainable Community Environmental Assessments, and MNDs) for all project types including specific plans, general plans, area plans, and project level mixed–use and transit–oriented development. Jessie also has experience in environmental documentation for projects requiring permits or approvals from the California Costal Commission.

Relevant Experience
x Sa n Bernardino County, Vidal Energy Project EIR, San Bernardino County, CA – Peer Reviewer x Crown Group, 1111 S. Hill Street Sustainable Community Environmental Assessment, Los Angeles, CA – Project Manager x Essex Properties, Sunset Boulevard Project EIR, Los Angeles, CA – Project Manager* x Long Beach Port Master Plan EIR, Long Beach, CA – Project Manager* x Lo s Angeles World Airport, West Maintenance Airfield Area Project EIR, Los Angeles, CA – Project Manager* x Lo s Angeles Bureau of Engineering, Environmental Reviews for Bridge Housing Homeless Services Projects, Los Angeles, CA – Project Manager*
x City of Riverside, General Plan EIR, Riverside, CA – Project Director* x 550 Shatto Place Sustainable Community Environmental Assessment and Addendum, Los Angeles, CA – Project Manager* x 2020 Los Angeles River Master Plan Program EIR, Los Angeles, CA – Task Lead* *Prior to joining Kimley Horn
Professional Credentials
9 Master of Arts, Urban and
Regional Planning, University
of California, Irvine
9 Post-Graduate Certificate,
Marketing and
Communications, University
of California, Irvine
9 Bachelor of Arts, Geography,
University of British Columbia,
Vancouver
9 AEP California Award Jury
Member 2017-2019
9 APA California Conference
Special Events Chair, 2015-
2016
9 National APA Conference
Special Events Chair, 2012
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City of San Clemente | EVRS96002.2023 18
Jessica Mauck
Cultural Resources
Jessica Mauck began workingin archaeology whenshe was just 15 years old. In the initial years of her career, she primarily workedfor Federal land management agencies(USFS, NPS, DoD, BLM, etc.), thoughshe spent the last 6 years working in Tribal government. In her prior roleas Directorof Cultural Resources Management for the San Manuel Band of Mission Indians, she managedthe department's digital records/GIS database, as well as oversaw all department programming related to historical archives, archaeology(regulatory; site stewardship; collections), ethnobotany, outreach/interpretation, andancestorrepatriation. She has extensive experienceconducting all phasesof archaeological fieldwork and reporting underapplicable Stateand Federal law, such as the National Historic Preservation Act (NHPA), NEPA, andCEQA. She also has many years of experience managing process for inadvertent discoveries of human remains and the inventory/repatriation of existing archaeological collections subject to State and Federal law, such as the Native American Graves Protectionand RepatriationAct (NAGPRA) and California Health & Safety Code (Section7050.5).

Relevant Experience
Kimley-Horn – Project Manager, Cultural Resources – 02/27/2023–Present x Serves as main support for the organizations efforts related to Tribal consultation and cultural resources management under applicable State and Federal Laws, such as the NHPA, NEPA, and CEQA x Drafts/reviews cultural resources–based scopes of work, oversees the implementation of PhaseI, II, and III cultural data gathering and fieldwork, and drafts/reviews PhaseI, II, and III archaeological technical reports x Conducts outreach to Tribesfor report–basedinformationgathering andsupports government–to–government Tribal Consultation x Drafts/reviews cultural resource–basedproject mitigationand conditions, cultural sections in environmental documents, and various cultural resource–based management plans (Cultural ResourcesManagement Plans, Monitoring and Treatment Plans, Plans of Action, etc.)

Sa n Manuel Band of Mission Indians – Director of Cultural Resources Management – 02/10/2020–02/17/2023 x Oversees the department’s efforts to enhance the Tribe’s heritage stewardship program as it relates to the many facets of cultural preservation and revitalization – includes creating/managing the department budget, managing all department staff, conducting outreach to the Tribal community to ascertain needs for future programming, creating intra–departmental and inter–departmental policy/procedure alongside program growth, and drafting/submitting regular reports to applicable Tribal bodies and the Federal Government x Oversees a robust regulatory compliance and land management program for historic preservation, environmental, and land use laws/policies (particularly CEQA, SB18, NEPA, and NHPA) on the Tribe’s Reservation and off–Reservation properties, as well as across the Tribe’s 7.4 million acre ancestral territory
x Manages a prominent reclamation effort of the Tribe’s ancestral lands, ancestors, and cultural materials via acquisition of materials/lands via purchase, donation, and legal repatriation under applicable state/federal law, as well as legal access to private/government lands via permits, conservation easements, MOU/MOA, etc.
x Manages various digital and physical data resources, such as the cultural Geographical Information System (GIS) platform and the OnBase digital regulatory project management/reference library repository, as well as oversees management of a physical Archive and Curation facility that contains thousands of archival, archaeological, and ethnographic materials x Spearheads a robust capacity–building program that includes increasing public awareness of the Tribe’s history/culture across their ancestral lands, building cultural literacy within Tribal Government staff, and providing technical and professional training to Tribal community members of all ages
x Facilitates the department’s Tribal outreach efforts with the general population, the Cultural Advisor Working Group (CAWG), and Tribal leadership to ensure community needs are understood and met within departmental programming, which has led to the department increasing staff and programming efforts by 400% in 2.5 years Professional Credentials
9 M.A. Historical Archaeology
(with Merit), 2015, University
of Leicester, England
9 B.A. Anthropology, 2011,
University of California, Los
Angeles (UCLA)
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City of San Clemente | EVRS96002.2023 19

Sa n Manuel Band of Mission Indians – Cultural Resources Analyst – 05/17/2017–02/07/2020 (Promoted) x Created the Tribe’s CEQA and SB18 regulatory program and managed consultation with hundreds of agencies, developers, etc. pursuant to CEQA, SB18, NEPA, and NHPA for projects within the Tribe’s 7.4 million acre ancestral territory x Responsible for creating and maintaining partnerships with external agencies with an emphasis on providing regular assistance and steady, transparent communication in a manner that is above and beyond the expectations of the regulatory process x Reviewed technical documents (i.e. geotechnical reports, soil studies, cultural studies, etc.), conducted internal research, and provided verbal/written feedback in order to ensure compliant/appropriate field methodology, resource sensitivity assessments, and well–rounded preservation recommendations are included within project documentation x Drafted and provided mitigation/conditions of approval, monitoring and treatment plans, archaeological testing plans, etc. to ensure legally compliant and culturally appropriate preservation/treatment measures regarding the Tribe’s archaeological resources, ethnobotanical resources, and intangible cultural resources (i.e. viewsheds, landscapes, etc.) are pursued x Created and maintained a cultural resources geodatabase, and other complimentary digital data management systems, to better assist the Tribe in their decision–making during consultation, as well as to increase the Tribe’s stewardship over their own resources both on and off Tribal land
Versar, Inc. – Archaeologist, Task Manager – 06/20/2016–05/12/2017 x Contracted as an Archaeologist, Task Manager for the Bureau of Land Management (BLM) working on preconstruction projects in the Barstow, Needles, Palm Springs, Ridgecrest field areas for deteriorated SCE poles, restoration, and travel management as well as ground truthing projects in the Barstow and Ridgecrest field areas focused on disturbances (OHV, weather, etc.), cultural/natural resource route triggers, and travel management/site mitigation
x Managed various contracts, handled intake and assignments for all work requests, conducted cultural background research, completed all field planning/mapping, performed all cultural resource surveys, maintained all collected data (resources, disturbances, etc.), and produced all cultural reports (NHPA/NEPA, Quarterly) as well as all contract deliverables to client (progress reports, budget reports, etc.) x Managed 5 direct reports, ensured all daily/weekly BLM deliverables were up to standard and on time, confirmed all Versar administrative tasks were completed for safety and billing requirements, and maintained a safe and healthy working environment for all Versar personnel
x Point of contact for all contracts for both Versar program manager and BLM clients, attended weekly meetings with clients to ensure client satisfaction for all contracts, submitted monthly reports for contract task order review, assisted program manager with quality assurance plans, contract bids/budgets, and rental contracts x Created all report/deliverable templates, SOPs, and project tracklogs from scratch and worked with BLM to create an efficient workflow for each contract
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City of San Clemente | EVRS96002.2023 20
d) Staff Member Percentage of Involvement
The following staff will provide the services anticipated by the City’s RFP at the following level of involvement:

Name, Credentials Role Percentage of Involvement
Heidi Rous Project Manager 20%
Jessie Fan, ENV SP Deputy/Alternate Project Manager 40% Jessie Barkley Aesthetics/Land Use 20%
Jessica Mauck Cultural Resources 50%
Danielle Millar Air Quality/Noise 30%
Ryan Callahan Air Quality/Noise 40%
Sophie LaHerran Other CEQA Resource Areas 30%
Cameron Bauer Other CEQA Resource Areas 40%
Jim Rocks, M.S. Biological Resources (Rocks Biological Resources) 20% Melanie Rocks, M.S. Biological Resources (Rocks Biological Resources) 20% e) Subconsultant Partners
Rocks Biological Consulting (RBC) is a San Diego-based small business that has been providing biological consulting in southern California since 2004. With decades of collective local experience, RBC possesses a level of proficiency that is uncommon among small biological consulting firms. We have the experience to deliver high quality work while keeping projects on schedule and within budget. We have led projects large and small, written hundreds of biological technical reports, and performed thousands of focused species surveys. Our team of experts is well versed in Southern California biological species and habitats as well as local, state, and federal environmental regulations and processing guidelines. We specialize in general biologicalsurveys and biological technical reports (CEQA/NEPA compliant); focused and protocol surveys for special-status wildlife species; rare plant surveys and habitat assessments; oak tree identification and health assessments, aquatic resources delineations and associated permitting; biological monitoring; land management; and habitat restoration planning. We also write and implement mitigation plans and restore and manage habitat.

RBC and Kimley-Horn hasa trusted partnership, having collaborated on a variety of projects within southern California and beyond including:
x Kanan/Agoura Ultimate Intersection Project
x Burlington Northern Santa Fe Barstow International Gateway Project x High Speed Rail Authority Colton Intermodal Facility Project x Beaumont Summit Station Project
x University of California North Irvine House Project
x Dairy Mart Road Widening Project
f) Staff Workload and Availability
The members of our proposed project team were selected using two criteria: (1) their experience in the technical environmental resource areas to support the peer review; and (2) their experience with CEQAdocumentation. Kimley-Horn uses a proactive management system, known as “cast-aheads” to detail every project’s personnel needs and to determine each staff person’s availability. By continuously matching project needs with staff availability, our cast-aheads system is an accurate tool for keeping our projects on schedule. 51 ROCKS

BIOLOGICAL CONSULTING
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City of San Clemente | EVRS96002.2023 21
Based upon a review of our cast-aheads, we can assure you that the staff members selected for this team are available immediately to serve you and are in an excellent position to handle the workload required to complete the scope of work. The chart below further details our staff’s current availability during the time frame of this contract.

Name, Credentials Role Current Workload Percentage of Availability Heidi Rous Project Manager 80% 20%
Jessie Fan, ENV SP Deputy/Alternate Project Manager 60% 40% Jessie Barkley Aesthetics/Land Use 80% 20%
Jessica Mauck Cultural Resources 50% 50%
Danielle Millar Air Quality/Noise 70% 30%
Ryan Callahan Air Quality/Noise 60% 40%
Sophie LaHerran Other CEQA Resource Areas 70% 30%
Cameron Bauer Other CEQA Resource Areas 60% 40%
Jim Rocks, M.S. Biological Resources (Rocks Biological
Resources) 80% 20%
Melanie Rocks, M.S. Biological Resources (Rocks Biological Resources) 80% 20%
g) Conflict of Interest Statement
Kimley-Horn does not have a financial interest or other potential conflict involving the applicant or the project.

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City of San Clemente | EVRS96002.2023 22

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Kimley>>> Horn 53
1 2
3 4
5 Fee Schedule
5 54
City of San Clemente | EVRS96002.2023 23

5. Fee Schedulea) Fee Schedule and RatesKimley-Horn will perform the services detailed in the Scope of Services above on a labor fee plus expense basis with the maximum labor fee shown below.Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the City. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then–current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the City. Should the City request Kimley-Horn to advance any such project fees on the City’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the City. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. 55 PROPOSAL FOR

ENVIRONMENTAL REVIEW FOR THE

BLUFFS AT BOCA PROJECT
Sr.

Profenlonal II
Category/Title
Billing Rate $330
;Task 1 Project Kickoff and Management 9
1Task2 Peer Review Technical Studies I 1Task3 Peer Review Draft EIR I

3.1 1st Screencheck 6

3.2 2nd Screencheck 2
ITask4 Peer Review Final EIR 12

4.1 1st Screencheck 8

4.2 2nd Screencheck 4
1Task5 ProjectM-ngsandHeanngs 20

5.1 Meetings 8

5.2 Heanngs (In-Person) 12
TOTAL HOURS 57
Subtotal Labor: $18,810
Other Direct Cos1s
Labor Escalation
Mileage
Subconsultant Markup
TOTAL COST:

CITY OF SAN CLEMENTE PLANNING DIVISION
Environmental Review for the Bluffs at Boca Project
Located at 320-326 La Rambla and 312-314 Boca Del Canon in the City of San Clemente, CA Sr. Sr. Professional Analyst II Analyst II Profesalonal I Profnalonal I $295 $240 $215 $190 $165
10 4 4 28 4 16 I 4 I 4
4 12 4 4
4 2 2 20
2 2 16
4 20
8 12
10 6 94 T 4 T 4
$2,950 $1,440 $20,210 $760 $660
Analyst I
$150
I 4
4 T 4 T
$600
Project
Support
$135
1 1
$135
Kimley
Horn
Total
Hours
20 44 40
34 36
28 40
16 24
180
Rocks
Kimley Horn I Biological
Total Cost Total
Hours
$ 5,255
$ 10,800 27
$ 9,280 10
s 7,760 10 s 1,520
$ 9,330 6
s 7,150 s 2,180
$ 10,900
s 4,360
_
$ ___ 6,540
43 ~565
$ 2,663
s 1,595
s 400 s 668
$ 48,228
Rocks
Biological
Total Cost
4,130
1,570
1,570
! 975
975
6~
$ 6,675

TOTAL TOTAL

PROJECT PROJECT

HOURS COST
20 $ 5,255
71 $ 14,930
50 $ 10,850
44 s 9,330
6 s 1,520
42 $ 10,305
34 s 8,125
8 s 2,180
40 $ 10,900
16 s 4,360
24 s 6,540
223
$ 52,240
$ 2,663
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City of San Clemente | EVRS96002.2023 24
b) Project TimelineMeeting schedules is high priority for Kimley-Horn. Critical elements in maintaining schedules include a clear definition of the team’s responsibilities and frequent communication relative to achieving the goals outlined in the work plan. Thus, based on our clear understanding of the scope of work, we have prepared a detailed schedule that includes milestone completion dates for specific tasks. This preliminary schedule is based on our best estimate of timeframes for the different components of the Project. This schedule can be adjustedin coordination with the City. 56 PROPOSAL FOR

ENVIRONMENTAL REVIEW FOR THE

BLUFFS AT BOCA PROJECT
Task # Task Name Mar Apr May Jun Jul Aug Sept Oct Nov
Notice to Proceed from City
II Project Kickoff
Peer Review Technical Studies
II Peer Review Draft EIR
45-Day Public Review Period
Peer Review Final EIR
Kimley-Horn Peer Review
Applicant's Consultant
Preparation/Revisions
®
&
City Review
® Notice to Proceed
at (+
Public Review Period
••• • •• ... ...
$ Kick-off Meeting * Kimley-Horn Submittal
4 i i l+ :r• :r• ...., ....,
Milestone
ii; Kimley-Horn Submittal
Kimley>>> Horn

HEIDI ROUS, CPP
CONTACT:
[email protected]
213.394.0379
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
57 Kimley>>> Horn
Expect More. Experience Better.

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7H
Department: Utilities
Prepared By Dustin Burnside, Utilities Manager
Julie Schmidt, Management Analyst II
Subject:

CONSIDERATION OF A RESOLUTION, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO GOLDEN BELL PRODUCTS, INC. FOR SEWER MANHOLE INSECT CONTROL SERVICES,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR A NOT TO EXCEED CONTRACT AMOUNT OF $70,000 FOR TWO YEARS, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA

GUIDELINES
Summary:

In the past, INSECTA has been applied to the City’s sewer system annually, and has been verified as an effective control in reducing pest populations. Before the City Council is the award of a sole source Professional Services Agreement to Golden Bell Products, Inc. to treat sewer manholes with INSECTA Insecticidal Latex Coating for insect control, for an amount not to exceed $70,000 for a two -year period.

Background:

Insects often live in sewer systems, and treatment is necessary to control the population to protect City employees working on the system, and the general public. The Utilities Department has used Golden Bell Products, Inc. for many years under Professional Services Agreements. Their patented method of applying INSECTA Insecticidal Latex Coating to coat sewer manholes it is the only registered product of its type, labeled for use in sewer manholes, and is the only company in California that can distribute/apply this treatment, making them sole source for the process.

Discussion:

Staff has researched, and not witnessed any other treatment, that has been as effective as the Insecta coating process. Golden Bell Products, Inc. has the sole distribution and application rights in the State of California. City Policy Number 201-2-1 “Purchasing Policies & Procedures for Supplies, Materials and Equipment” Section 6.17.2 allows for exemption from the Informal and Formal Bidding Process for “Sole Source” suppliers, which allows for approval of the Professional Services Agreement with Golden Bell Products, Inc. Treatment by Golden Bell Products, Inc. with INSECTA is an ideal method for the City for a variety of reasons including:
· It kills insects, which can stop the spread of disease, and interrupts the breeding cycles eliminating adult and juvenile insects.
· It is a Federal and California State licensed pesticide for sewer manhole insect control. · The product is guaranteed to kill insects for 18 months from the date of application. This helps CITY OF SAN CLEMENTE Page 1 of 3 Printed on 6/15/2023
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Meeting Date: 6/20/2023 Agenda Item: 7H
· The product is guaranteed to kill insects for 18 months from the date of application. This helps protect the environment with fewer repeat applications. · The product does not evaporate, rub off, or wash away. · Application of the treatment includes informal manhole inspections, and any abnormalities such as backed up/surging manholes or broken manholes lids are reported to the City. · The INSECTA white latex protective coating brightens and cleans manholes making inspections easier.
· The product is used by approximately 60 other cities and agencies within the state of California.
· Golden Bell has provided excellent service to the City in the past.

Council Options:
· Adopt Resolution No. 23-50, awarding a Professional Services Agreement to Golden Bell Products, Inc., authorizing the City Manager to execute the agreement, and finding the project categorically exempt from CEQA.
· Modify and adopt Resolution No. 23-50.
· Continue the Item and direct staff to provide additional information. · Do not adopt Resolution No. 23-50 and discontinue the treatment.

Fiscal Impact:

Yes. There is available funding for the two-year Agreement in the Sewer Operating Budget within Account No. 054-473-43890 for $35,000 for Fiscal Year 2022-23, and funding has been included in the Fiscal Year 2023-24 budget for this service for $35,000.

Environmental Review/Analysis:

These services qualify for a Categorical Exemption under the California Environmental Quality Act (CEQA), Section 15301, Class 1 Existing Facilities, and Utilities staff will file a CEQA Notice of Exemption for the Sewer Manhole Insect Control Treatment.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-50, which would:

1. Determine that the project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the state CEQA guidelines.

2. Award a professional services agreement to Golden Bell Products, Inc. for a two-year period to provide Sewer Manhole Insect Control services.

3. Authorize the City Manager to execute the agreement for an amount not to exceed $70,000 for CITY OF SAN CLEMENTE Page 2 of 3 Printed on 6/15/2023
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Meeting Date: 6/20/2023 Agenda Item: 7H
the two-year term.

Attachment:

1. Resolution No. 23-50

2. Professional Services Agreement with Golden Bell Products, Inc

3. Sole Source Information from Golden Bell Products, Inc

4. CEQA Notice of Exemption Form D
Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 6/15/2023
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RESOLUTION NO. 23-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO GOLDEN
BELL PRODUCTS, INC. FOR SEWER MANHOLE INSECT

CONTROL, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT FOR A NOT TO EXCEED
CONTRACT AMOUNT OF $70,000 FOR TWO YEARS, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente operates and maintains a sanitary sewer collection and treatment system including approximately 180 miles of sewer lines to ensure wastewater service to protect public health and safety; and WHEREAS, sewer systems by nature are a favorable environment for insects to reside and breed; and
WHEREAS, a need exists to treat sewer manholes for insects to protect City employees working on the system, and the general public; and WHEREAS, the City has had previous success with INSECTA Insecticidal Latex Coating used to treat sewer manholes for insect control; and WHEREAS, Golden Bell Products, Inc. is a sole source provider for INSECTA Insecticidal Latex Coating and is the only company in California that can distribute/apply this treatment; and
WHEREAS, staff obtained a fair and reasonable proposal from Golden Bell Products, Inc. to use INSECTA to provide sewer manhole insect control, a company that has performed this service effectively for the City in the past.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. The foregoing recitals are true and correct and incorporated herein.

Section 2. A professional services agreement is awarded to Golden Bell Products, Inc. for a two-year period to provide Sewer Manhole Insect Control for an amount not to exceed $70,000 in a form substantially similar to that presented to City Council on June 20, 2023.

Section 3. The City Manager is authorized and directed to execute a professional services agreement with Golden Bell Products, Inc.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution Attachment 1
4 Resolution No. 23-50 Page 2
and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-50 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-50 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
6 1
55452.01100\31193624.5

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and GOLDEN BELL PRODUCTS, INC. A CALIFORNIA CORPORATION, with its principal place of business at 952 N BATAVIA STREET, ORANGE, CA 92867 ("Consultant").

City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional SEWER MANHOLE INSECT CONTROL consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional SEWER MANHOLE INSECT CONTROL consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional SEWER MANHOLE INSECT CONTROL consulting services for the SEWER MANHOLE INSECT CONTROL WITH INSECTA INSECTICIDAL LATEX COATING Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional SEWER MANHOLE INSECT CONTROL consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from THE DATE NOTED IN SECTION 1, UNTIL THE SERVICES ARE COMPLETED TO THE SATISFACTION OF THE CITY, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the Attachment 2
7 2
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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: MICHELLE WEBSTER, VICE PRESIDENT.

3.2.6 City's Representative. The City hereby designates DUSTIN BURNSIDE, UTILITIES MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 8 3
55452.01100\31193624.5

3.2.7 Consultant's Representative. Consultant hereby designates MICHELLE WEBSTER, VICE PRESIDENT, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.

3.2.8 Coordination of Services. Consultant 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.

3.2.9 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, 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, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers 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.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 9 4
55452.01100\31193624.5
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed $70,000 for the two-year period of this Agreement without written approval of the City Council or City Manager as applicable. 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. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant 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. IF the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and IF the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, 10 5
55452.01100\31193624.5
classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 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.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 11 6
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respective parties may provide in writing for this purpose:

Consultant: GOLDEN BELL PRODUCTS, INC.
952 N BATAVIA STREET
ORANGE, CA 92867
ATTN: MICHELLE WEBSTER, VICE PRESIDENT
City: City of San Clemente
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
ATTN: JULIE SCHMIDT, MANAGEMENT ANALYST II
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. 12 7
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Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 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.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 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.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 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.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex 14 9
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or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant 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.
15 10
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: ____________________, 20____
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

GOLDEN BELL PRODUCTS, INC
(“CONSULTANT”)
By:_____________________________
Murrill Golden Adams,
Chief Executive Officer
By: _____________________________
Marilyn M. Adams, Secretary
Dated: __________________, 20____
16 11
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EXHIBIT "A"

SCOPE OF SERVICES
Please see attached proposal from Golden Bell Products, Inc. dated April 13, 2023. 17 12
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EXHIBIT "B"

SCHEDULE OF SERVICES
Please see attached proposal from Golden Bell Products, Inc. dated April 13, 2023. 18 13
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. NOTE: If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following:
(1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 19 14
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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior 20 15
55452.01100\31193624.5
to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and 21 16
55452.01100\31193624.5
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
Total compensation for the services under this Agreement shall be $35,000 per year for two years pursuant to attached proposal from Golden Bell Products, Inc. dated April 13, 2023. There are no reimbursable expenses under this Agreement.
23 55452.01100\31193624.5
18 WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
24 55452.01100\31193624.5
19 Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
25 Attachment 3
26 952 N Batavia Street Orange, CA 92867- PHONE (714) 363-3985 FAX (714) 997-4807 www.goldenbellproducts.com
Sole Source Justification
Within the State of California Golden Bell Products has the sole source right for the application and distribution of Insecta. Golden Bell Products has provided the service and product that is used in sewer manholes for the control of cockroaches since October of 1998, when the first test area was treated in the State of California.

Insecta is the only registered product of its type and active ingredient labeled for use in sewer manholes. The product is a formulated product, which is produced in an EPA approved establishment. The product comes ready to use and since it is a polymerized product there is no field mixing required, (which is not the case with any additive type of product). Insecta has been tested and applied by Orange County Sanitation Districts and has proven to be effective standing up to the eighteen-month guarantee provided by Golden Bell and the product manufacturer.

Additionally, this product is used and approved by Los Angeles County Sanitation District and approximately 60 other cities and agencies within the state of California.

Over the past 24 years Golden Bell Products has provided this service with minimal price increases. Finally, Golden Bell Products is a local vendor that holds the correct licensing for application of pesticides in sewer manholes. Golden Bell Products is licensed by the California Agricultural Department of Pesticide Regulation. Holding a QAL license with the required categories A, C and N and a Pest Control Business License. Golden Bell carries and maintains all current registrations with all the County Agricultural Commissioners in each of the counties they apply the Insecta pesticide in.

The accompanying letter from the manufacturer of Insecta shows Golden Bell Products as the sole source for the application and distribution of Insecta in the State of California.
27 Statutory Exemptions. State code number:

_______________________________________________
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 4
28 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7I
Department: Public Works
Prepared By Randy Little, Maintenance Manager
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES AGREEMENT TO ANIMAL PEST MANAGEMENT SERVICES, INC., AUTHORIZING THE CITY MANAGER TO

EXECUTE A THREE YEAR AGREEMENT WITH TWO OPTIONAL ONE YEAR EXTENSIONS FOR A TOTAL NOT TO EXCEED ANNUAL CONTRACT PRICE OF $44,852.80, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA

GUIDELINES
Summary:

Before the City Council is approval of a three-year agreement with Animal Pest Control Services, Inc. of Chino for rodent control on City properties at an annual cost of $34,852.80 plus a $10,000 annual contingency for a three year cost not to exceed $134,558.40. The agreement would also have two optional one year extensions, to be exercised in the City Manager’s discretion.

Background:

The existing rodent control contract expires on June 30, 2023. Staff advertised a request for proposals (RFP) on Planet Bids in May 2023 for these services. Two proposals were received and none were from businesses based in San Clemente. Animal Pest Management Services, Inc. was determined to be the most qualified proposer with an annual cost not to exceed $44,852.80 (including contingency) for a three-year total not to exceed $134,558.40, which is fair and reasonable.

Council Options:
· Adopt Resolution No. 23-51, awarding a Maintenance Services Agreement to Animal Pest Management Services, Inc., authorizing the City Manager to execute the agreement and finding the project categorically exempt from CEQA.
· Modify and Adopt Resolution No. 23-51.
· Continue the item and direct staff to provide additional information. · Do not adopt Resolution No. 23-51 and discontinue rodent control services of June 30, 2023.

Fiscal Impact:

Yes. The total three-year agreement cost is not to exceed $134,558.80. The annual contract amount not to exceed $44,852.80 is funded from the available budget in Trail Maintenance (Account 001-631 -43888) and Park Maintenance (Account 001-635-43888).

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Meeting Date: 6/20/2023 Agenda Item: 7I
Environmental Review/Analysis:

Staff recommends that the City Council determine this project to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-51, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a Maintenance Services Agreement for Landscape Rodent Control to Animal Pest Management Services, Inc. for a three-year contract term with the option of two additional one -year extensions for a potential total agreement term of five years.

3. Authorize the City Manager to execute a Maintenance Services Agreement with Animal Pest Management Services, Inc. for a not to exceed annual contract price of $34,852.80, plus a $10,000 annual contingency, for a total not to exceed annual amount of $44,852.80 for a three -year contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion.

Attachment:

1. Maintenance Services Agreement

2. Resolution No.23-51
Notification:

The two bidders were notified.

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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Animal Pest Management Services, Inc., a California Corporation, with its principal place of business at 13655 Redwood Court, Chino, CA 91710 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Landscape Rodent Control maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for Landscape Rodent Control services dated April 7, 2023 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing Landscape Rodent Control maintenance 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 it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Rodent Control (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Landscape Rodent Control maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at the City Manager’s sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3 55452.01100\31090125.5 2 of 40 06/01/2023
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation 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 personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Randy Little, Maintenance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Dan Fox, President, 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 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, Contractors and other staff at all reasonable times.
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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 contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline 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, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all 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, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, 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.

3.2.9 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 lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.10 Labor

3.2.10.2 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 elected 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.

3.2.10.3 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, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to 6 55452.01100\31090125.5 5 of 40 06/01/2023
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the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of San Clemente Water Quality Improvement Plan (“WQIP”), the City of San Clemente Jurisdictional Urban Runoff Management Plan (“JURMP”), and the applicable Water Quality Management Plan (“WQMP”). These documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

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3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

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 “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty Four Thousand Eight Hundred Fifty Two Dollars and Eighty Cents ($34,852.80), plus a Ten Thousand Dollar $10,000 annual contingency, for a total not to exceed annual amount of Forty Four Thousand Eight Hundred Fifty Two Dollars and Eighty Cents ($44,852.80), 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 invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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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 the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “E” may be adjusted each year at the time of renewal as set forth in Exhibit “E.”

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Animal Pest Management Services, Inc.
13655 Redwood Court
Chino, CA 91710
ATTN: Dan Fox, President
City: City of San Clemente
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910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little, Maintenance Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 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.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. 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 not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
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3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 12 55452.01100\31090125.5 11 of 40 06/01/2023
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 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 insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By: _____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization
ANIMAL PEST MANAGEMENT SERVICES, INC.
(“CONTRACTOR”)

Contractor’s License Number____________
By:

Dan Fox, CEO, CFO and Secretary
Dated: ____________________, 2023

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

LANDSCAPE RODENT CONTROL
Project No. ________

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

Carrier___________________________________________________ Policy Number______________________________________________

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

15 □
n

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Dated: ________________________, 2023
ANIMAL PEST MANAGEMENT SERVICES, INC.

Contractor
By: ________________________________
Signature
________________________________
Title
________________________________
Address
________________________________
Address

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EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications

ON THE FOLLOWING PAGES)

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S P E C I F I C A T I O N S
Landscape Rodent Control

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF CONTRACT AND INTENT
The intent of these specifications is to provide full and complete landscape rodent control at designated sites within the City of San Clemente, herein described. The work performed under the following requirements shall include the furnishing of all chemicals, equipment and labor necessary to properly control the pest population.

Pest control must be the primary business of the Contractor.

2. SCOPE OF WORK
A. Furnish all labor, equipment, materials, and supervision to perform landscape rodent control as described herein including, but not limited to, the following:

1. As part of this agreement, the Contractor shall send Qualified Applicator Certificate (QAC) technicians only to each site, to perform an intensified one time initial clean-out treatment, to lower the existing infestation to a maintainable level. This initial treatment should guarantee at least 90% control.

2. Thereafter each site shall be serviced not less than weekly by QAC technicians, to maintain control and prevent reinfestation or population buildup due to migration. The Contractor shall provide a monthly schedule by the second work day of each month.

3. The Contractor shall provide the City's Maintenance Manager or his or her designee with an evaluation report for each site after each service. This report shall cover the current status of the problem, areas treated, and any other relevant observations or pertinent information.

4. The Contractor shall list the materials and methods to be used in the performance of the contract, so that the City can determine the scope of work bid.

5. Throughout the term of this contract, the methods used to control rodents must be in accordance with Section 5194 (special hazardous substances and processes) of the California Information Code, and must be carried out in a manner as to prevent any possible danger to non-targeted animals.

6. All methods of control performed must comply with all Federal, State, County and City laws and regulations. Contractor shall provide the City with a copy of all special use permits as required by the County Agricultural Commissioner’s Office for chemical use.
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3. WORKING HOURS
Normal working hours shall be between the hours of 7:00 AM and 4:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, or in emergency situations.

4. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest standards, as stated in the enclosed maintenance specifications. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

B. All work shall meet with the approval of the City of San Clemente Public Works Department, Maintenance Manager or his or her designee. If so deemed by the City, there shall be weekly meetings with the Contractor and the City representative to determine progress and to establish areas needing attention.

C. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall be made without permission of the City of San Clemente Maintenance Manager or his or her designee The loss or theft of these keys shall require rekeying of any such facilities at the Contractor’s expense.

5. DEDUCTIONS
A. These specifications are intended to cover all labor, materials, and workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

B. Any deviation from or failure to meet any aspect of the specifications set forth herein, and any failure to perform or complete work within the schedule dictated by the City's Maintenance Manager or his or her designee, will result in a $500.00 deduction for each deviation from and each failure to meet these specifications. Additionally a $500.00 deduction per day will be applied for each day any work is not completed or not completed on time. Deductions must be reflected in the next billing. Invoices failing to include incurred deductions shall not be paid.

6. DISPOSAL
The City shall in no way be responsible for the disposal. Contractor shall pay all disposal costs.
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7. EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present. These Contractor representatives shall be on-site of said emergency within sixty (60) minutes from receiving notification.

8. LICENSE
A. The Contractor must possess or employ persons possessing a valid Pest Control Advisors License, a valid Pest Control Operator's License in the appropriate category, and a Branch II Structural Operator's License. The name and permit number shall be supplied to the City at the beginning of contract, and any changes forwarded within 24 hours of said change.

B. The Contractor shall be required to utilize personnel with a Qualified Applicator’s License to perform work at each site. Check current licensing requirements as determined by the California Department of Pesticide Regulations (CDPR) at Orange County Agricultural Commissioner’s Office.

C. Throughout the entire contract period, all rodent control shall be in accordance with all the applicable laws and regulations. Under no circumstances will applications which endanger non-targeted animals be allowed.

D. The Contractor shall provide through employment the services of a full-time biologist. The biologist shall hold a degree in agricultural biology/pest management from an accredited four-year university. The biologist shall be responsible to manage the contractor’s personnel throughout the term of the contract. In addition, the Contractor shall employ persons possessing current Pest Control Advisor’s License (PCA), valid Pest Control Operator’s License, and Qualified Applicator’s License (QAL). All licenses shall reflect those categories required for the scope of work described in this contract and specifications.

E. All applications of any pesticide shall be preceded by a written recommendation by a licensed PCA. All technicians shall possess a current QAL or be under the direct supervision of a person holding a QAL.

9. CONTRACTORS OFFICE
Contractor is required to maintain an office within a one hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cell phone. The Contractor shall provide and maintain a viable email address throughout the term of the contract. There shall be no on site storage of equipment or materials: Contractor shall have full responsibility for maintaining an office and yard.

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10. EXAMINATION OF SITE AND WORK
City makes no representation about the order or condition of the work area nor does the City warrant that the work area shall be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the contract. Contractor must examine the location, physical conditions and surroundings of which these factors shall influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. The intention of this contract is to provide at least 90% control of the rodent population and prevent reinfestation due to migration or population increases.

11. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers.

C. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications.

Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a full-time employee assigned to direct work crews, with authority to authorize work orders, make decisions on behalf of the Contractor, authorize additional work, etc. In no case shall a full-time employee normally assigned to lesser status be provided in lieu of a Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Contractor.

D. All personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Maintenance Manager or his or her designee. All personnel shall wear identification badges or patches.

E. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days’ notice from the City.

12. REPAIRING INJURED WORK
A. The Contractor shall immediately report any damage to City equipment or property and shall be responsible for the replacement of any such damage caused by his operations or act hereunder.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

C. The Contractor shall be responsible for the replacement of all materials necessary for the upkeep of the infields and track. The full cost of such replacement, including the cost of labor shall be borne by the Contractor, except as provided in subsection “D” below.
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D. Materials damaged or destroyed by City forces, or as a result of construction shall be reported promptly by Contractor to the City, along with an estimate of cost for replacement. The Maintenance Manager or his or her designee may authorize replacement by the Contractor, and the City shall pay the Contractor for the cost of the replacement, including the cost of labor.

13. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. Equipment and vehicles must be clearly marked with the Contractor's company name, and identification number or code.

C. The Maintenance Manager or his or her designee may reject any vehicle or piece of equipment and order it removed from the job site. Said equipment must be replaced by appropriate, approved equipment within two working days, or deductions to the monthly contract amount shall continue until such time as appropriate, approved equipment is provided.

D. No internal combustion blowers are allowed to be used in the City. Electric or battery operated blowers are allowed.

14. SAFETY REQUIREMENT
A. All work performed under this contract shall be performed in such a manner as to provide maximum safety for all persons and where applicable, comply with all safety standards required by CAL-OSHA. The Maintenance Manager or his or her designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor which is not a result of his operations, shall be immediately reported to the Maintenance Manager or his or her designee.

15. SCHEDULES/SCHEDULING
A. All scheduling of work and specification requirements will be dictated by the City's Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc. Contractor shall adapt operations to these changes.

C. Any request by Contractor for any change to any schedule must be received by the Maintenance Manager or his or her designee at least 24 hours prior to the existing scheduled time for the work, and must be approved prior to implementation of any such change.
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GENERAL REQUIREMENTS

1. All maintenance functions shall be performed in accordance with the specifications and frequencies herein, unless directed otherwise by the City's Maintenance Manager or his or her designee. The City shall determine schedule days and the extent and frequency or additional “as needed” services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities.

2. All operations shall be conducted so as to provide maximum safety and minimize disruption of the use of the facilities.

3. Contractor shall notify the City immediately of any unusual and hazardous condition in the contract areas, including any item that creates a hazard.

4. Upon completion of any work, the Contractor shall remove remaining materials, waste, debris, and his equipment from the premises.

5. Contractor shall clean walkways and any other areas littered or soiled by his maintenance operations in a manner approved by the City's Maintenance Manager or his or her designee.

6. Contractor shall not use existing City waste containers.

7. Contractor shall notify the City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction or interrupt the use of the facilities.

SPECIFIC REQUIREMENTS

1. Contractor shall control all vertebrate pests. All methods employed to perform rodent control shall conform to all Federal, State, County and City environmental regulations.

Control measures must first be approved by the Maintenance Manager or his or her designee.

2. Contractor shall inspect each location weekly and service as needed.

3. All service calls shall be handled on the same day that they are reported.

4. Bait stations used above ground shall be tamper and vandal resistant. Contractor shall be required to remove any bait station determined by the City to be unsafe.

5. All bait containers and/or applicators shall be of the type that shall minimize spills.

Contractor shall immediately pick up or bury any and all spilled bait.

6. Contractor shall pay particular attention to burrowing rodents to protect sites from slope failures. All treated baits, traps, and gasses used to control rodents shall be placed in the rodent's tunnel.

7. All infestations or pest activity occurring within fifteen (15) feet of any building must be controlled with the use of traps. Traps shall be covered with soil once inserted into the tunnel to prevent vandalism and to ensure public safety. 23 55452.01100\31090125.5 22 of 40 06/01/2023
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8. After treatment of rodent tunnels, Contractor shall knock down all existing mounds to be flush with existing grade. Excess soil shall be removed from hardscapes (i.e. sidewalks, curbs and gutters) and soil neatly returned to the landscape.

9. Carcasses and remains shall be removed immediately upon request and properly disposed of by the Contractor whenever and wherever they are found on surface areas within the contract boundaries.

10. Pesticides
A. Contractor shall be responsible for compliance with all local, state and federal laws and regulations regarding pesticide usage.

B. All pesticide use and application must conform to the City's Integrated Pest Management Policy.

C. All pesticide operations must be performed by a California State Licensed Pest Control Operator.

D. Contractor shall provide the City within fifteen (15) days of the effective date of the contract a proposed pesticide list. The list may be revised by the City's Maintenance Manager or his or her designee, and must be approved by same.

Once approved, the list must be strictly adhered to by Contractor.

E. All materials must be properly labeled and certified for intended use. Proper and legal disposal of all pesticides used is solely Contractor's responsibility.

F. Prior to use of any pesticide, a written recommendation from Contractor’s California State licensed Pest Control Advisor must be submitted to the City with location of proposed application, and must be approved by the City's Maintenance Manager or his or her designee prior to use.

G. Commercial pesticide applicators who conduct business in Orange County must submit Pesticide Use Reports monthly to the Orange County Agricultural Commissioner. The Contractor shall submit a copy of this report each month to the Maintenance Manager or his or her designee. This report shall be due no later than five (5) working days following the end of each month, with the following information:

Example
Brand Name EPA Regis.

Number
% Active
ingredient
Total
Amount
Applied
Unit Category of
Pesticide

I II III IV
Ex. Round Up Pro 348-04-001 200 gal X
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EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid

ON THE FOLLOWING PAGES)

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26 City of San Clemente - Pubfio Works Department, Maintenance Se/Vioes Division

CITY OF SAN CLEMENTE
Landscape Rodent Control
Bid Proposal Form (Page 1 of 8)
This is to be a three (3) year contract or major portion thereof, based on the City's fiscal year beginning July 1 of each year and ending on June 30 of the following year, with an initial contract term of July 1. 2023 through June 30, 2026 . The City may choose to extend ihe Contract term at the City's sole discretion and by mutual consent of the City and Contractor, with the option of two one-year extensions for a potential total contract term of five years.

The undersigned certifie•s. that all documents related to this proposal have been read and understands all terms and conditions related thereto;. and, in conformity with the terms and conditions, does hereby propose to the City of San Clemente as follows:

BID COSTS
A Bid costs shall include all costs pertaining to the work described herein, including but not limited to; all applicable sales, use or other taxes, specified materlals1 labor, overhead and profit for Contractor and/or Subcontractors.

B. Contractor is advised that the Bid Costs shall enter into the determination of the successtu·I Contractor. Unreasonable prices may result in rejection of the entire proposal.

C. Alli work shall be perfom,ed in accordance with specifications. c:~usor~\lilUe(\Ql)pdlllallocal\mlcroooll\windows~netcoche\oontenl,outlookWxah•mzllsp,ECS - lalldieape rodonl OOl1I d 04.07 .2J.,doq Page~ or 15

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13 City of San Clemente - Public Works Deparlment, Maintenance Se,v/cas Division CITY Of SAN CLEMENTE
Landscape Rodent Control
Bid Proposal Form (Page 2 of 8)
CONTRACT LOCATIONS & BID COSTS (Continued)
City Beaches/Accesses Address Monthly$
Citv Beaches San Clemente Beaches $ 35.00
North Beach Access Ave. Estacion at Deshecha $ 35.00
D[ie Court Beach Access 1409 Buena Vista, S. of Dife Ct. $ 35.00 El Portal Beach Aocess !Buena Vista at W. El Portal $35.00 Mariposa Beach Access W. Marioosa al W. Escalones . $35.00 Linda Lane Bsach Access 400 Linda Lane, cul-de-sac $35.00 Corto Lane Beach Access Corio Lane cul-de-sac $ 35.00
T-Street Beach Access W. Cristobal at Ave. Esplanade $ 35.00 Lasuen ("Lost Winds") 2006 Calle de Los Alamos,
Beach Access South •Of Calle Lasuen $35.00
Riviera Beach Access 2312 Plaza a La Plava $ 35.00
Pter 622 Avenida Del Mar $ ao.oo
Total $ 385.00
City Parks Address Monthly$
Vista Bahia Park 402 Calle Bahia $ 42.00
San Luis Rev Park 109 Ave. San Luis Rev $ 42.00
Leslie Park 182 Calle De Los Alamos I $ 42.00
linda lane Park 400 Linda Lane $ 42.00
Paroue Del Mar 622 Avenida Del Mar $ 42.00
Max Bero Plaza Park 1100 Calle Puente $42.00
Bonito Canvon Park 1304 Calle Valle $ 42.00
Verde Park 301 Calle Escuela $ 42.00
Mira Costa Park 34001 Camino Mira Costa $ 42.00
Marblehead Park 2400 Via Turqueza $ 42.00
Rancho San Clemente Park 150 Calle AQ uila $ 42.00
San Gorqonio Park 2916 Via San Goraonio $42.00
!Forster Ranch Park 1291 Sarmentoso $ 42.00
Annual $
$ 420.00
$ 420.00
$ 420.00
$ 420.00
$ 420.00
$420.00
$420.00
$420.00
$ 420,00
$ 420.00
$ 420.00
$4 620.00
Annual$
$ 504.00
$ 504.00 ~
I $ 504.00
$ 504.00
$ 504.00
$ 504.00
I $ 504.00
$ 504.00
I $504,00
$504.00
$504.00
$504.00
:Ii 504.00
I
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City of San Clemente - Public Works Department, Maintenance Services Dlvlsion

CITY OF SAN CLEMENTE
Landscap,e Rodent Control
Bid Proposal Form (Page 3 of 8)
CONTRACT LOCATIONS & BID COSTS (Corrt.inuedl
City Parks (Continued) Address Monthly$
Forster Park Phas,e II 3407 Vera Cruz $ 42.00
Taleaa Park 179 Corte Cristianitos $42.00
Doa Parl< 301 Avenida La Pata $42.00
Skate Court & Restroom 241 Avenida. La Pata $42.00
Libartv Park 11 20 Calle Saluda :$ 42.00
Tierra Grande Park 399 Camino Tierra Grande ;$42.00
Pico Park 315 East Avenida Pico $42.00
Canvon View Park 18 Via Artsmesia :$ 42.00
Vista Del Sol Park 11 1 Aven ida Costa Azul :$ 42.00
Jim Johnson Mem. Sports Pk. 460 W. Ave. Vista Hermosa '.$42.00 Richard T. Steed Memorial Park 247 Avenida La Pata -$42.00 Vista Hermosa Soolis Park 987 Avenida Vista Hermosa $ 42.00 Total $1 050.00 - .. -
!Building Landscapes Address Monthly $
Gitv Hall 910 Calle Neoocio $30.00
1030 Calle Neoocio 1030 Calle Neoocio $30.00
100 Avenlda Presidio 100 Avenida Presidio $30.00
1100 N El Camino Real, 11 00 N El Camino Real $30.00
I Communitv Center 100 N. Calle Sevtlle :$30.00
Senior Center 11 7 Avenida Victoria :$ 30.00
Ole Hanson Beach Club 1 OS Avanida Pico .po.co
Metrolink StaUon Grounds 1850 and 1900 Ave. Eslaoion $30,00 Total $240.00
· ll,71licm!illW/!,IIIISowali Leadle~
A11mial $
$ 504.00
$ 504.00
$ 504.00
$ 504.00
$504.00
$504.00
$ 504.00
$504.00
$504.00
$504.00
$504..00
$504.00
$12 600.00
I Annual$
$360.00
I $360.00
$360.00
$360.00
$360,00
$360.00
$360.00
$360.00
$2,880.00

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29 City of San Clemente - Public Woms Department, Maintenance Services Division #
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C CITY OF SAN CLEMENTE
Landscape Rodent Control
Bid Proposal Form (Page 4 of 8)
CONTRACT LOCATIONS & B ID COSTS (Continued)
Undeveloped City Properties Monthly$
691~22-01 , Calle Grande Vista $30.00
691-253~01 & 691-253-02, Via Montecito $ 30.00
057-08-00, Patero de Oro $30.00
690-111-06 & 690-1 11-07, Calle Dorado $30.00
690-502-16, Ave. Salvador Communications Site $30.00
690-102-02, Ave. Presidio $30.00
690-234~07, Ave. Acapulco $ 30.00
057-052-10., El Oriente Canvon $ 30.00
Total $ 240.00
- '" \
Water Facilities Acreage Monthly$
Corporate Yard. 380 & 390 Ave. Pico 17..15 $30,00
Bahia Pump Station 404 Calte Bahia 1.35 $30.00
Reservoir 3, El Levante Reservoir,
208 ½ El Levante 1.69 $30.00
Reservoir 6 3895 Calle Andalucia 0.42 $30.00
Reservoir 8 770 Aven1da Acapulco 2.00 $30.00
Reservoir 11, cordillera Reservoir,
200 Calle Cordillera 2.77 $30,00
Reservoir 12, Santa Maria Reservoir,
62 ½ Via Santa Maria 1.33 $30.00
Reservoir 13, 3017 Eminencia Del Norte 1.80 $ 30.00
Reservoir 14, Forster Reservoir,
4159 ½ Cestero Risco 2.00 $30.00
Calle Real Pumo Station 600 Calle Real 0.01 , $30.00
11 . Palizada Pump Station. 200 Ave. Caballeros 0.51 $30.00 12 Presidio Pumo Station, 170 Ave. Presidio 10.21 $30.00 13 Pico Pumo Station 895 ½Ave.Pico 0 .24 $30.00
Total 41.48 $390.00
:mlct'090fl\wi~nllndtClldlelcC!nlcoloutlook\7
Annual$
$360.00
$ 360.00
$ 360.00
$ 360.00
$ 360.00
$ 360.00
$ 360.00
$360.00
$2,880.00
Annual$
$ 360.00
$ 360.00
$360.00
$ 360.00
$360.00
$ 360.00
$ 360.00
$ 360.00
$ 360.00
I $360.00
$360.00
$360.00
$360.00
$4680.00
P !!of15

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24 Cily of San Clemente - Public Works Department. Maintenance Services Division

CITY OF SAN CLEMENTE
Landscape Rodent Control!
Bid Proposal Form1 (Pag,e 5 of 8 )
CONTRACT L OCATIONS & BID C OSTS (Continued)
Parkways/Medians Sq. Ft. Acreage I, Monthly $
Parkway along Via Artemesla fn Sea Summit 1,566 0.04 $9.99 Parkway along Santa Margarita by tile golf course 2,631 0.06 $9.99 Bulb-out at Ava. Victoria & S. cane Seville 170 0.00 $9.99 i Bulb-outs at Ave. Palizada & Ave. Miramar 440 0.01 $9.99 Bulb-outs at Ave . Del Presidente & Calafi a 400 0.01 $9.99 Parkway along north s de of Pico east of 5 Freeway 2,000 0.05 $9.99 Parkway along north side of Pico west of Pico Park to 575 0,01 $9.99, EGR Parkway along Camino Del Rio and Calle Sarmentoso 3,600 0.08 $9.99 at roundabout Parkway alor1;g Camino De Las Mares & Bonanza at 3,700 0.09 $9.99 roundabout
Parkways along Vera Cruz from Via Pacifica to Ave. 3,800 0.09 $9.99 Vista Hermosa Parkway along Calle Dorado i
3,600 0.08 $9_9,9
Parkway alo11g Avenida De La Estfella across from 1,300 0.03 $9.99 Bonito Canyon Parkway along La Pata from dog park to Bella Colina 1,700 0.04 $9,99 go1f course entrance
Parking lots along Ave. Granada Lump Sum $9.99
Highlighted V ditches a ong La Pata & Camino Del Rio Lump Sum $9.99 I Camino De Estrella (Calle Hermosa to Freeway) 7,200 0.16 $9.99 Camino De Los Mares ,(1-5 to Camino Vera Cruz, 82,130 1.88 $9.99 Vaquero underpass (at l-5) 4,000 0..09 $9.99'
La Ventana 80 0.00 $9.99
Camino Vera Cruz (Costero Risco to Pico) 24,569' 0 .. 56 $9,99 Vista Hermosa medians & some parkways {Pico to La 174,407 4.00 $9.99 Pata) ' Cami no Capistrano (North of Vaquero, east side) 5,820 0.13 $9,99 Camino Capistrano (West of Vaq uero, North side 1,094 0.02 $9.99 Meters) N. El C-amino Real (Camino Capistrano to Pico) 23,775 0.54 $9.99 Annual $
I $ 119 .. 88
$ 119.88
$ 119.88
$ 119.88
$ 1·19.88
$ 119.88
$ 119.88
$119,88
$ 119.88
$119,88
$119.88
$ 11 9.88
$1119.88
$1 19.88
$ 119.88
' $ 119.88
$ 119,88
I
$ 119.88
$ 119.88
$1 19.88
$ 1119.88
$ 119.88
$ 119 . 88
$1 19.88
c:\uam;\Ji1Ucr\a~tll\JO(;SJ'a uosoft\windaws~110lciichc\eMIOOl,ouUoll1(\7Xa~~m~pecs . landsr:aJ>e rodent conlrul 04.07.23.doe.x Page ll of 15

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City of San Clemente - Public Works Deparlmsnt, Maintenance SeIVices Division

C ITY OF SAN C LEMENTE
Landscape Rodent Control
Bid Proposal Form (Page 6 of 8)
CONTRACT L OCATIONS & BID COSTS (Continued)
Parkways/Med ans (Continued) Sq.Ft Acreage Monthly$
Pico (El Gamino Real to La Pata) 106,361 2.44 $9.99
Calta Industrias (Pico) 660 0.02 $9.99
Del Cerro (Pico to La Pata) 61,500 1.4 1 $9.99
La Pata medians & some parkways (North City border 325,62 7.47 $9.99 to Calle· Extrsmo) 8
Del Rio (Los Mares to La Pata) 3,4205 0.78 $9.99
El Oriente/La Cuesta med'ian 560 0.01 $9.99
!El Oriente/la Cuesta 1,551 0.03 $9.99
Caba,lleros (Palizada to Oriente) I 560 0.01 $9.99
Palizad!a (1-5 underpass) 3,800 0.09 $9.99
Las Flores 8,890 0.20 $9.99
N. La Esperanza ( cul-de-sac south to 1-5) 9,880 0.23 $ 9.99 Presidio (1-5 underpass) 3,900 0.09 $ 9.99
Cabrlllo parking lot/slope aoross from 1 '17 Cabrmo 1,508 0.03 $9,99 Cabrillo pariking ot isla.nd beds across from 130 Cabrillo 699 0.02 $9.99 El Camino Real from Palizada to Presidio 51,Q36 1.17 $9.99 Del Mar (100 & 200 block) 52,272 1.20 $9.99
Granada and Del Mar inter-section 1,200 0.03 $ 9.99
Granada par:king lot across from 111 Granada around 233 0.01 $9.99 dumpster
Granada parking lot beds across from 125 Granada 860 0.02 $ 9.99 Trafalgar l ane, 5,310 0.12 $9.99
S. Ola Vista (Santa Barba ra to Calafia) 24,130 0.55 $ 9 . 99 Esplanade (100 & 200 block) 27,700 0.63 $ 9.99
Cristobal 5,333 0.12 $9.99
Valern;ia 100 & 200 block 2.1, 104 0.48 $9.99
0-e la Seranata 64 OJJO $ 9.99
Riviera (7 mecllans) 2.178 0.05 $9.99
Montalvo decomposed granite path 905 0.02 $9.,99
c:\lisers\lilllefl,appdala\Jocalffli~wfll'.l.fll4ll:ms\metta-cfle\oon1ent.outlaok\7xaharm:Tl$pcts. - lliitd~pe rode111 CQl!llJOI 04.0'7 .23.lfocX Annual $
$ 119.88
$ 119,88
$ 119.88-
$119.88
$ 119.88
$ 119 .88
$1 19.88
$ 119.88
$ 11 9.88
$1 19.88
119.88
$H9.88
$ 119.88 I
$119.88
$ 119.88
$ 119.BB
$ 119.88
$ 119.88
$ 119,88
$ 119.88
$ 119.88
$ 119.88
$ 119.88
119.88
119,66
$119.88
$ 1'19.88
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6 City of San Cfemenfe - Pubfic Worl(s Department, Maintenance Si'Jrvices Division

CITY OF SAN C LEMENTE
Landscape Rodent: Control
Bid Proposal! Form (Page 7 ,of 8)
CONTRACT LOCATIONS & BID COSTS (Continued)
Parkways/Medians Sq. Ft. Acreage Monthly$ Annual$
.Alcazar (Cul-De-Sac to Verde) 4,029 0.09 $9.99 $ 11 9.88 Ramona (W. of El CAMINO REAL} 4,356 0.1 0 $9,99 $119,88 Acapulco between Adobe loop 18,638 0.43 $9.99 $119.88
Acapulco & San Pablo right-of-way 5,850 0.13 $9.99 $119.88 Del Presidente East side 46,560 1.07 $9.99 $1 19.88
(Lobos Marinos to Las Palmer..)
Del Presidents (Westside Mendocino to Magdalena) 3,500 0.08 $9.99 $119.88 Concordia school overpass to Avenida San Dtrnas 6,000 0,14 $9.99 $ 119.88 S. El Cami o Reali {Mendocino 34,800 0,8{) $9.99 $ 119.86 to Cristianltos adjacent to 1-5)
Boca De La Playa median 989 0.02 $9.99 $1 19.88
'
T,otal 1,225,306 28.06 . $ 59·9.40 $ 7.192.80

SUMMARY OF BID COSTS
Location Group Per Month Per Year
City Beaches/Accesses $ 385.00 $4 620.00
City Parks $1,050.00 $12,600.00
Buildinq Landscapes $ 240.00 $ 2 880.00
Undeveloped City Properties $ 240.00 $ 2.880.00
Water Facilities $ 390.00 $4,680.00
Parlkwavs/Medians $ 599.40 $7,192.80
Total $2,904.40 $34,852.80
NOTE: Bid -costs shall include all applicable sales, use or other taxes. pn - 1~11 rodanl DDnlrol i!MLOl.23.da

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33 Ciry of Sen CJeme11i - Public WOtks Department, Me!ntena·nC6 Sew/cos DMs ·on

CITY OF SAN CLEMENTE
Landscape Rodent Control
Bid Proposal Form (Pag1e 8 of 8)
For Initial Contract Term of 3 Years: July 1, 2023 through June 30 2026 Total Per Month $ 2,940.40
Total Per Year $ ....;:3'""'4"""",8"""'5'""2._8 __ 0"------- Total for Initial Contract Term - 3 Years $ 104,558.40 - -~----- - - - Rodent Control Service Call fr.om City: Per Hour $ 65.00 Bee Removal as requested by City: Per- Hour $ 150.00
For 1st Opt;onal 1-Year Extension: July 1, 2026 through June 30, 2027 INCREASE (IIF ANY) over Year 1 through 3 •Of Agreement $____,_N=/A:..:._ __ Total Per Mo11th $ 2 940.40
Total Per Year $ 34 852.80
Rodent Control Service Calll from Cty: Per Hour s 65.00 Bee Removal as requested by City: Per Hour s 150.00
OR: NIA%
For 2wJ Optional 1-Y;ear Extension: July 1, 2027 through June 30, 2028 INCREASE (IF ANY) over 1st Optional 1 ~ Year Extension $_ N_f_A __ _ Total Per Month $ 2,940.40
Total Per Year $ ......... 34 ..... , .... 8...., 5 ..... 2, .... 8-=0 ___ _ Rodent Control Service Call from City: Per Hour $ ,65.00 Bee Removal as requested by City: Per Hour $ 150.00
The Contractor shaU furnish, install, remove, perform and pay for all work, labor. materials, taxes, transportation. seivi'ces and charges, fees and appurtenant items necessary or incidental to work as s:pecified in these specifications, other contract documents, and work requests or assignments by the City.

The undersigned has checked carefully all the above figtJres and understands that the City of San Clemente shall not be responsibte for any errors or omissions on ihe part of the undersigned in making up this bid.

An IN"\cif Pes.t W\iAN~,tw.eof.Strvlt ~ ]:""'1C'., sh/;)-3 Company (Please Print) Date

DAN FOX
Company ==z3s:::e (Pleas:¥int)
Slg nature ()
f,es.o'-e -.:-r
Title
rmf\opqa • lood'IGpa 1.-ododl cm1lrol 04.01.Zl.doc:t Pagej:iol15

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EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. 34 55452.01100\31090125.5 33 of 40 06/01/2023
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Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 35 55452.01100\31090125.5 34 of 40 06/01/2023
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reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A-:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.

1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 36 55452.01100\31090125.5 35 of 40 06/01/2023
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EXHIBIT “D”

PERFORMANCE BOND
(Performance Bond included on the following pages)
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for ___________________________________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and __________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________________________________________________ DOLLARS and _____________________________ CENTS ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 38 55452.01100\31090125.5 37 of 40 06/01/2023
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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 39 55452.01100\31090125.5 38 of 40 06/01/2023
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 2023.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 40 55452.01100\31090125.5 39 of 40 06/01/2023
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ˜ Individual
˜ Corporate Officer
Title(s) Title or Type of Document
˜ Partner(s) ˜ Limited
˜ General Number of Pages
˜ Attorney-In-Fact
˜ Trustee(s)
˜ Guardian/Conservator Date of Document
˜ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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EXHIBIT “E”

COMPENSATION
Compensation for the services provided under this Agreement shall be as provided in the Bidder’s Proposal. Total annual compensation shall not exceed Thirty Four Thousand Eight Hundred Fifty Two Dollars and Eighty Cents ($34,852.80), plus an annual contingency of Ten Thousand Dollar $10,000 for approved Extra Work, for a total not to exceed amount of Forty Four Thousand Eight Hundred Fifty Two Dollars and Eighty Cents ($44,852.80) annually. The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 42 ATTACHMENT 2
4880-7801-9690 v1
RESOLUTION NO. 23-51

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AWARDING A MAINTENANCE SERVICES

AGREEMENT TO ANIMAL PEST MANAGEMENT
SERVICES, INC., AUTHORIZING THE CITY

MANAGER TO EXECUTE A THREE YEAR

AGREEMENT WITH TWO OPTIONAL ONE YEAR

EXTENSIONS FOR A TOTAL NOT TO EXCEED
ANNUAL CONTRACT PRICE OF $44,852.80, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING
FACILITIES, 14 CCR 15301) OF THE CEQA

GUIDELINES
WHEREAS, the City wishes to hire an independent contractor to provide landscape rodent control at city owned properties; and
WHEREAS, the current agreement sunsets on June 30,2023; and WHEREAS, staff advertised request for proposals (RFP) on Planet Bids in May 2023 and two proposals were received; and
WHEREAS, the most qualified proposer is Animal Pest Control Management, Inc., with an annual not to exceed cost of $44,852.80 (including contingency) for a three-year total not to exceed $134,558.40, which is a fair and reasonable price.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitals and true and correct and incorporated herein as findings.

Section 2. That the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the maintenance of existing structures, facilities, or topographical features, involving negligible or no expansion of existing or former use and has no potential to cause a direct or foreseeably indirect effect on the environment. 43 Resolution No. 23-51 Page 2
4880-7801-9690 v1
SECTION 3. That the maintenance services agreement for landscape rodent control is awarded to Animal Pest Control Management, Inc. for a threeyear contract term with the option of two additional one-year extensions for a potential total agreement term of five years.

Section 4. That the City Manager is authorized and directed to execute a maintenance services agreement with Animal Pest Control Management, Inc. for a not to exceed annual contract price of $34,852.80, plus a $10,000 annual contingency, for a total not to exceed annual amount of $44,852.80 for a threeyear contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion in a form substantially similar to that presented to City Council on June 20, 2023.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
44 Resolution No. 23-51 Page 3
4880-7801-9690 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-51 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth Mitchell, City Attorney
45 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7J
Department: Public Works
Prepared By Randy Little, Maintenance Manager
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES AGREEMENT TO ED STEWART AND ASSOCIATES, INC. TO PROVIDE LANDSCAPE MAINTENANCE AT THE

WATER RECLAMATION PLANT AND NINE RESERVOIR LOCATIONS, AUTHORIZING THE CITY

MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH TWO OPTIONAL ONE YEAR EXTENSIONS FOR A TOTAL NOT TO EXCEED ANNUAL CONTRACT PRICE OF $39,800, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES
Summary:

This item is the consideration of a three-year agreement with Ed Stewart and Associates, Inc., of San Clemente, to provide landscape maintenance at the City Water Reclamation Plant and nine reservoirs/pump stations.

Background:

The existing landscape maintenance contract expires on June 30, 2023. Staff advertised request for proposals (RFP) on Planet Bids in April 2023 for these services. Four proposals were received and Ed Stewart and Associates was the lowest responsive and responsible bidder with an annual cost of $34,800 for a three-year total of $104,400. An annual contingency amount of $5,000 for emergencies will be added to the contract for a three year not to exceed amount of $119,400. The agreement would also have two optional one-year extensions, to be exercised in the City Manager’s discretion.

Council Options:
· Adopt Resolution No. 23-52, awarding a Maintenance Services Agreement to Ed Stewart and Associates, authorizing the City Manager to execute the agreement and finding the project categorically exempt from CEQA.
· Modify and Adopt Resolution No. 23-52.
· Continue the item and direct staff to provide additional information. · Do not adopt Resolution No. 23-52 and discontinue landscape maintenance at the City Water Reclamation Plant and nine reservoirs/pump stations as of June 30, 2023.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 6/15/2023
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Meeting Date: 6/20/2023 Agenda Item: 7J
Fiscal Impact:

Yes. The total three-year agreement cost is not to exceed $119,400. The annual not to exceed contract amount of $39,800 is funded from the available budget in the Sewer Operating Fund (Account 054-471-43425).

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-52, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a Maintenance Services Agreement for Landscape Maintenance Services at City Facilities to Ed Stewart and Associates, Inc. for a three-year contract term with the option of two additional one-year extensions for a potential total agreement term of five years.

3. Authorize the City Manager to execute a Maintenance Services Agreement with Ed Stewart and Associates, Inc. with a not to exceed annual contract price of $34,800, plus a $5,000 annual contingency, for a total not to exceed an annual amount of $39,800 per year for a three -year contract term, with the option of two additional one-year extensions to be exercised in the City Manager’s discretion.

Attachment:

1. Maintenance Services Agreement

2. Resolution No. 23-52
Notification:

All Bidders were notified.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 6/15/2023
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ATTACHMENT 1
4863-3450-0458 v1

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and E. Stewart and Associates, Inc., a California corporation, with its principal place of business at 944 Calle Amanecer, Suite M, San Clemente, CA 92673 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain City Water Facilities Landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for City Water Facilities Landscape maintenance dated April 3, 2023 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing City Water Facilities Landscape maintenance 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 it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance of City Water Facilities (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the City Water Facilities Landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at the City Manager’s sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3 55452.01100\31090125.5 2 of 42 06/06/2023
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3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.5 Contractor’s Representative. Contractor hereby designates Gus Marquez, President, 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 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, Contractors and other staff at all reasonable times.
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3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 5 55452.01100\31090125.5 4 of 42 06/06/2023
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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 elected 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.

3.2.10.2 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, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.12 Bonds.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to 6 55452.01100\31090125.5 5 of 42 06/06/2023
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above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13 Water Quality Management and Compliance.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 7 55452.01100\31090125.5 6 of 42 06/06/2023
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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 “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty Four Thousand Eight Hundred Dollars ($34,800.00), plus a Five Thousand Dollar ($5,000.00) annual contingency, for a total not to exceed annual amount of Thirty Nine Thousand Eight Hundred Dollars ($39,800.00) without written approval of City’s 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 invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: E. Stewart and Associates, Inc.
944 Calle Amanecer, Suite M
San Clemente, CA 92673
ATTN: Edwin Stewart, CEO
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 11 55452.01100\31090125.5 10 of 42 06/06/2023
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization
E. STEWART AND ASSOCIATES, INC.
(“CONTRACTOR”)
Contractor’s License Number__________
By:

Edwin Steward, CEO and CFO
Dated: ____________________, 2023
By:

Denise Steward, Secretary
Dated: ____________________, 2023
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

CITY WATER FACILITIES LANDSCAPE MAINTENANCE OF
Project No. __________

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

) (ONE OF THE BOXES BELOW MUST BE CHECKED
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

Carrier___________________________________________________ Policy Number______________________________________________

E WORKERS’ COMPENSATION WARNING: FAILURE TO SECUR

ALL SUBJECT AN EMPLOYER TO COVERAGE IS UNLAWFUL, AND SH

ES UP TO ONE HUNDRED THOUSAND CRIMINAL PENALTIES AND CIVIL FIN DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, E LABOR CODE, ION 3706 OF TH DAMAGES AS PROVIDED FOR IN SECT TORNEY’S FEES. INTEREST, AND AT

14 LJ
LJ
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Dated: ________________________, 2023
E STEWART AND ASSOCIATES, INC.

Contracting Firm
By: ________________________________
Signature
________________________________
Title
________________________________
Address
________________________________
Address
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EXHIBIT “A”

SCOPE AND SCHEDULE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)

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S P E C I F I C A T I O N S
Landscape Maintenance of City Water Facilities

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF CONTRACT AND INTENT
The intent of these specifications is to provide full and complete landscape maintenance at designated sites, herein described. Current sites include the following areas:

Location Alternate Name Address
1 Corporate Yard 380 & 390 Avenida Pico
2 Reservoir 3 El Levante Reservoir 208 ½ El Levante
3 Reservoir 7 618 Calle Reata
4 Reservoir 8 770 Avenida Acapulco
5 Reservoir 11 Cordillera Reservoir 200 Calle Cordillera 6 Reservoir 12 Santa Maria Reservoir 62 ½ Via Santa Maria 7 Reservoir 13 3017 Eminencia del Norte
8 Palizada Pump Station 200 Avenida Caballeros
9 Bahia Pump Station 404 Calle Bahia

2. SCOPE OF WORK
A. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following:

1. Weeding and cultivating both mechanically and with chemicals.

2. Remove all weed from inside and outside of the retention ponds.

3. Shrub trimming, pruning and removal. All ground cover shall be trimmed so its keep off the curb

4. Tree pruning and double staking.

5. Plant replacement

6. Irrigation monitoring, programming, system maintenance and repair

7. Pest control and notification to the City of rodents.

8. Litter control, refuse removal, hardscape cleaning, and grounds policing

9. Keep trees, brush and shrubs 18” from curb to allow vehicle access and clearance. As well as all shrubs and brush clean from any line of sight obstruction when entering or exiting the site.

10. Keep all v-ditches and storm drains clean and clear of debris. Replace all sand bags annually.

B. It shall not be the Contractor’s responsibility to maintain or repair only to report to the City:

1. Faulty area lighting systems

2. Broken or down fencing or gates

3. Any building located at the specified sites that have been vandalized 17 55452.01100\31090125.5 16 of 42 06/06/2023
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4. Any accessory structure (such as trash enclosures, other than cleaning)

5. Graffiti should be reported to the Graffiti Hotline 949-361-8385

6. Sign damage should be reported to the City

7. Damage resultant to vehicular accidents should be reported to the City

3. WORKING HOURS
General working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Sunday.

4. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the enclosed maintenance specifications. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

C. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall be made without permission of the City of San Clemente Maintenance Manager or his or her designee The loss or theft of these keys shall require re-keying of any such facilities at the Contractor’s expense.

6. PROVISIONS FOR EXTRAS
A. Any extra work, whether requested by the Contractor or assigned by the City, must be submitted by the Contractor in a written proposal including an itemized cost estimate, and shall state whether current contractual staffing is proposed to do the extra work, or if additional forces will be used.

B. Any proposal for extra work must be approved by the Maintenance Manager or his or her designee before any extra work is initiated.

C. Once extra work has been approved, said work shall be completed by the Contractor in accordance with the schedule and instructions as specified by the Maintenance Manager or his or her designee.

D. The Maintenance Manager or his or her designee may grant approval for extensions. 18 55452.01100\31090125.5 17 of 42 06/06/2023
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E. Costs for extra work must conform to the Unit Costs For Extra Work quoted by Contractor on the bid form included herein.

7. DISPOSAL
A. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses.

B. The City shall in no way be responsible for the disposal. Contractor shall pay all disposal fees.

C. Contractor shall provide a quarterly report of waste diversion. This report shall be due no later than five (5) working days following the end of each quarter.

D. Contractor shall provide, as part of above referenced report, receipts and other evidence of compliance including location of facility where landscape debris was processed.

E. Contractor may dispose of landscape waste/debris at an appropriate outside facility or in the designated area at the City's Corporate Yard located at 390 Avenida Pico.

8. EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present. These Contractor representatives shall be on-site of said emergency within sixty (60) minutes from receiving notification.

9. QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the Best Standard Practices. Both materials and workmanship shall be subject to the approval of the Maintenance Manager or his or her designee.

A. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.

2. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates.

B. The total cost of materials shall include the following:

1. Wholesale cost (retail cost minus Contractor’s discount), as stated above.

2. Applicable sales taxes.

3. A markup of 15% maximum for all overhead costs and profits.

C. The City reserves the right to purchase materials directly and make available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions shall apply:

1. Contractor shall conform to all City practices and procedures.

2. All City purchases shall be for the sole expressed use of and for the City.

3. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor’s representatives. All materials and inventories shall be made available to the City upon request.

4. The Contractor shall reduce the unit cost for each maintenance task by the City’s 19 ------
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actual cost for the materials provided and used.

10. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers. Irrigation maintenance and repairs shall be performed by skilled workers experienced in irrigation systems. This contract requires one (1) full-time dedicated irrigator.

C. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a fulltime employee assigned to direct work crews, with authority to authorize work orders, make decisions on behalf of the Contractor, authorize additional work, etc. In no case shall a full-time employee normally assigned to lesser status be provided in lieu of a Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Contractor.

D. All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state and federal laws and regulations regarding pesticide usage. The Contractor shall provide to the City, within fifteen (15) days of the effective date of this contract, a proposed pesticide list. This list shall be strictly adhered to unless the City allows substitutions. The Contractor shall complete a monthly pesticide application report indicating work performed, and types and quantities applied, and submit this completed report monthly to the Maintenance Manager or his or her designee. This report shall be due no later than five (5) working days following the end of each month.

E. All personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Maintenance Manager or his or her designee. All personnel shall wear identification badges or patches.

F. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.

11. REPAIRING INJURED WORK
A. The Contractor shall immediately report any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

D. Materials damaged or destroyed by City forces, or as a result of construction shall be reported promptly by Contractor to the City, along with an estimate of cost for replacement. The Maintenance Manager or his or her designee may authorize 20 55452.01100\31090125.5 19 of 42 06/06/2023
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replacement by the Contractor, and the City shall pay the Contractor for the cost of the replacement, including the cost of labor.

12. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. Equipment and vehicles must be clearly marked with the Contractor's company name, and identification number or code.

D. No internal combustion blowers are allowed to be used in the City. Electric or battery operated blowers are allowed.

14. SCHEDULES/SCHEDULING
A. All scheduling of work and specification requirements will be dictated by the City's Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc.

Contractor shall adapt operations to these changes.

15. SPECIALTY OPERATIONS
“Specialty type” maintenance operations are defined as: fertilization, pre-emergent weed control, turf aerification, turf dethatching, seeding, preventive and curative application of turf fungicide, all pesticide applications and plant replacements.

Written notification of all “specialty type” maintenance operations shall be given to the City 48 hours prior to each of these operations by the Contractor. 21 55452.01100\31090125.5 20 of 42 06/06/2023
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At minimum twice per year, the Contractor shall provide a soil analysis of a minimum of three (3) indicative contract sites in order to determine fertilization needs. This report will be due to the City no later than March 1 & September 1 of each year. 22 55452.01100\31090125.5 21 of 42 06/06/2023
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16. PERFORMANCE DURING INCLEMENT WEATHER
A. During periods when inclement weather hinders normal operations, the Contractor shall:

1. Adjust his work force in order to accomplish those activities that are not affected by weather.

2. Immediately notify the Maintenance Manager or his or her designee before removing the work force from the job site due to inclement weather, or other reasons.

B. All irrigation adjustments made based on inclement weather shall be approved by a City Maintenance Staff prior to the Contractor making adjustments to irrigation. At no time shall backflow devices be closed.

C. The Contractor shall re-double stake and re-tie trees or other such activities as required as a result of inclement weather, and the Contractor shall remove all branches and debris from the contract sites resulting from inclement weather. Attention shall also be paid to keeping walkways free from runoff water and debris. The Contractor shall have full responsibility to keep park runoff channels and v ditches clear and remove debris from park storm drain gratings. The Contractor shall stay available to assist in any storm related damage repair.

GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS

2. All operations shall be conducted so as to provide maximum safety and minimize disruption of the use of the facilities.

3. Upon completion of any work, the Contractor shall remove remaining excess materials, waste, debris, and his equipment from the premises.

4. Contractor shall keep all contract areas, and all gutters, curbs, and walks adjacent to contract areas free of weeds, trash and other debris at all times.

5. Contractor shall clean sidewalks, roadways, and any other areas littered or soiled by his maintenance operations in a manner approved by the Maintenance Manager.

6. Contractor shall prune plant materials so that all traffic control signs are clearly visible to approaching drivers and to provide adequate sight distance for vehicles entering an intersection.

7. Contractor shall not use existing City trash containers.

8. Contractor shall control all insects and other invertebrate pests. Contractor shall provide written recommendations from the Contractor’s Pest Control Advisor. Control measures must first be approved by the Maintenance Manager or his or her designee. Vertebrate control is not a part of this contract. All rodent activity should be reported as soon as possible to the City for immediate action. Particular attention to burrowing rodents is necessary to protect the site from slope failures.
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9. Contractor shall notify the City immediately of any unusual and hazardous condition in the contract areas, including any item that creates a hazard.

10. Contractor shall notify the City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction or interrupt the use of the facilities.

Specific Landscape Maintenance Requirements

1. DRAINAGE FACILITIES
A. All drainage structures including v-ditches within the contract areas shall be inspected and cleaned monthly or as needed to insure consistent unrestricted water flow.

B. Any damage to structures shall be reported immediately to the Maintenance Manager or his or her designee.

C. Failure to properly maintain drainage systems or to notify the Maintenance Manager or his or her designee of damaged systems, shall result in the contractor assuming full responsibility for the repair of drainage damage to the facility.

2. IRRIGATION SYSTEM MAINTENANCE
A. The Contractor shall maintain all irrigation systems in a professional, operable condition. This includes, but is not limited to: controllers, backflow devices, manual and remote control valves, wiring, pipes, vaults, heads and anti-drain valves. The Contractor shall not be responsible for the water meter assembly except as he may cause damage to these items. The Contractor shall:

1. Adhere to all State and local regulations.

2. Repair and adjust all irrigation heads as needed to maintain proper and uniform water application.

3. Adjust water application to compensate for changes in weather. Contractor must turn off irrigation systems during rains, and notify the City to turn off sites controlled by the City’s CalSense system.

4. Notify the City regarding any and all irrigation programming issues.

5. Be responsible for damages occurring due to under watering or overwatering, unless the contractor has record of notifying the city of these problems.

6. Repair or replace equipment damaged as a result of Contractor’s negligence at the Contractor’s expense.

7. Make all replacements with original type material or as directed.

8. Make necessary repairs as they occur or are needed, and within 48 hours of discovery.

B. Irrigation systems must be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing and other operational conditions. Such inspection must be made at least twice per month.

C. Contractor shall be responsible for the proper operation of the system at all times.

D. Material substitutions must be approved by the Maintenance Manager or his or her designee.

E. Irrigation controller enclosures must be maintained externally and internally as needed by the Contractor consisting of, but not limited to, insect control and removal of debris and weeds from inside the controller enclosures. Lubrication of controller enclosure hinges and locks shall be the Contractor’s responsibility. 24 55452.01100\31090125.5 23 of 42 06/06/2023
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F. The resetting of irrigation controllers for Daylight Saving Time and Standard time shall be the Contractor’s responsibility. Resetting controllers following power outages shall be the Contractor’s responsibility, and must be completed within 24 hours of restoration of power.

G. Twice annual changes of batteries in battery operated controllers shall be the Contractor’s responsibility.

4. GROUND COVER MAINTENANCE
A. All ground cover areas shall be maintained in a trimmed, weed free condition at all times.

1. Weeds shall be removed as they appear. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds.

2. Ground cover areas shall be fertilized a minimum of four times per year or as directed by the Maintenance Manager or his or her designee.

5. SHRUB, VINE AND TREE MAINTENANCE
A. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character.

1. Quarterly (or as directed by City) trim all shrubs to maintain the size and shape specified by the Maintenance Manager or his or her designee.

2. Pruning shall be accomplished to maintain a “natural” appearance; decorative, boxing, poodle cuts or other unnatural pruning shall not be permitted.

3. Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.

4. Irrigate as required to maintain adequate growth and appearance. Hand water where necessary.

5. All bare shrub bed areas shall be raked weekly to remove all litter and other debris. Mulching of said areas is appropriate unless directed otherwise by the Maintenance Manager or his or her designee.

6. Planter beds shall be mulched with a minimum two inch (2”) layer of Forest Floor Mulch.

B. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar features. Trim trees to City and International Society of Arboriculture pruning standards or approved equal. Contract responsibility covers all trees up to fourteen feet (14’).

1. Remove all suckers from base of trees as they develop throughout the year.

2. Stake and support trees as necessary. Staking and guying shall be done in accordance with attached details.

3. All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage, and to insure proper growth without tilting or leaning.

4. Contractor to stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.

5. Inspect each site for dead or dying trees, broken, cracked or hanging branches or other hazards. Immediately notify Maintenance Manager or his or her designee if any of the above conditions exist.

6. Except for emergency removal approved by the Maintenance Manager, no trees shall be removed.

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Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions.

6. HARDSCAPE MAINTENANCE
A. During each site visit, concrete and asphalt areas, including driveways, parking areas, sidewalks and patios shall be inspected and cleaned.

1. All expansion joints and cracks are to be maintained free of weeds.

2. Dirt, litter and other debris must be removed on a daily basis.

3. Inspect for safety hazards, including tripping hazards, holes or other conditions.

Immediately report such to the Maintenance Manager or his or her designee after having secured said area with cones, barricades or appropriate safety devices.

B. Vacuums, air brooms, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and placed in the appropriate City trash enclosure dumpsters, or if those are full or unavailable, removed from the site. Under no circumstance, shall debris be placed into storm drains or catch basins.

7. GENERAL GROUNDS INSPECTION
A. The Contractor shall provide general grounds inspection at each site visitation, at a minimum of once weekly.

1. Remove all litter and other debris from site. Contractor shall check and clean facility plus adjacent curb gutters, tree wells, street drain grates and other similar features.

2. Provide safety and facility inspection and immediately report any deficiencies to the Maintenance Manager or his or her designee. Contractor shall be responsible to report any substandard conditions of all structures and fixtures, including but not limited to:
a. Light standards and fixtures
b. Walls, fences, gates
c. Trash dumpsters
d. Signage
e. Graffiti
f. Buildings
g. Plumbing
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MAINTENANCE FREQUENCY SUMMARY

FUNCTION FREQUENCY
1 Drainage Facilities - Inspect and Clean Monthly, and during inclement weather 2 Grounds Inspection
Inspect Once weekly minimum
3 Ground Cover Maintenance
Remove weeds
Inspect
Edge
Fertilize
As they appear
Once weekly minimum
Every 2 weeks
4 times per year minimum
4 Shrub, Vine and Tree Maintenance
Inspect
Re-stake/Check
Trim
Fertilize
Daily
Each site visit/twice a month min.
4 times per year minimum
4 times per year minimum
5 Hardscape Maintenance Each site visit, weekly minimum 6 Irrigation System Maintenance
Inspect
Repair and adjust heads, system
Adjust water application
Controller enclosures
Change batteries in controllers
Reset controllers
2 times per month minimum
As needed, within 48 hours of discovery
As needed, and weather changes
As needed
2 times per year
As needed for time changes and power
outages

APPROXIMATE ACREAGE BY LOCATION
Location Alternate Name Acreage Other Total Turf Slope Planter 1 Corporate Yard 2.15 4.00 11.00 17.15
2 Reservoir 3 El Levante Reservoir 1.50 0.19 1.69
3 Reservoir 7 0.30 0.3
4 Reservoir 8 1.50 0.50 2.00
5 Reservoir 11 Cordillera Reservoir 2.00 0.77 2.77
6 Reservoir 12 Santa Maria Reservoir 1.10 0.23 1.33
7 Reservoir 13 1.60 0.20 1.80
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8 Palizada Pump Station 0.25 0.26 0.51
9 Bahia Pump Station 0.15 0.15
TOTALS 1.00 10.10 3.45 13.15 27.70

REQUIRED REPORTS

1. Monthly Pesticide Use Report

2. Quarterly Green Waste Diversion Report

STANDARD MATERIALS
All material used in facilities maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of San Clemente before installation. Any item not mentioned in the Standard Materials list must be approved by Maintenance Manager or his or her designee.

IRRIGATION EQUIPMENT:

1. P.V.C. Sch. 40 pipe and fittings.

2. P.V.C. Sch. 80 risers.

3. P.V.C. (not Marlex) street Ells on swing joints.

4. Rainbird 1800 Turf and Shrub irrigation heads.

5. Rainbird EFB-CP series control valves.

6. Rainbird single lug quick coupler – 44LRC.

7. Penn-tite connectors for wire splicing.

8. Hunter geared rotors.

TURF FERTILIZERS:

As directed by the Maintenance Manager or his or her designee.

PLANT STOCK:

All plant stock, trees, shrubs, annuals and perennials, flowers, ground covers must be approved by the City before planting regarding selection and condition of the plant material.

PESTICIDES:

All pesticides proposed to be used must be submitted to City with location of application and written recommendation from the Contractor’s Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All pesticide use and application must conform to the City's Integrated Pest Management Policy.

MULCH:

Organic material applied to a minimum depth of two inches (2.”) using Forest Floor Mulch. 28 I I I I I I I I
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EXHIBIT “B”

CONTRACTOR'S PROPOSAL BID
(Contractor's Proposal Bid included on the following pages) 29 55452.01100\31090125.5 28 of 42 06/06/2023
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CITY OF SAN CLEMENTE
Landscape Maintenance of City Water Facilities
Bid Form (Page 1 of 3)
This is to be a three (3) year contract or major portion thereof, based on the City’s fiscal year beginning July 1 of each year and ending on June 30 of the following year, with an initial contract term of July 1, 2023 through June 30, 2026. The City may choose to extend the Contract term at the City’s sole discretion and by mutual consent of the City and Contractor, with the option of two one-year extensions for a potential total contract term of five years.

The undersigned certifies that all documents related to this proposal have been read and understands all terms and conditions related thereto; and, in conformity with the terms and conditions, does hereby propose to the City of San Clemente as follows:

UNIT COSTS FOR EXTRA WORK
A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.

B. Contractor is advised that the unit prices shall enter into the determination of the successful Contractor. Unreasonable prices may result in rejection of the entire proposal. Unit prices listed below refer to all items maintained or installed and include all costs connected with such items; including but not limited to, specified materials, labor, overhead and profit for Contractor and/or Subcontractors.

C. The unit price quoted by the Contractor shall be those unit prices that shall be charged or credited for labor and materials to be provided regardless of the total number of units and/or amount of labor required for added or deleted items of work.

D. All work shall be performed in accordance with specifications.

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31 City of San Clemente - Public Works Departmen~ MaN'itenari1c-e Se.rvices Oill'iSKl'lil CITY OF SAN CLEMENTE.

Landscape Maintenance ,of City Water FaciilHiies
IBid IForm (Page 2 at 3,)

UNIT COSTS FOIR EXTRA WORK
NOTIE.: IBid costs shall include all appf calble sales use or otlller taxes ..

UNllrr COSTS FOR EXTRA WORIIK BY FU , ClllON
Function Cost $ Unit of Measuire
PLANiTIING,
1 1 Ga.II. Shrub purchased a.11d planted! $ 10.00 Each
2 5 Ga.II. Shrub purchased a.11d planted! $ 20.00 Each
3 15• Gal. Shrub purchased! and planted $ 25.00 Each
4 24n Bo,xTme purchased and pl'anled $ 300.00 Each
5 64 Count Flat Grou11dcover purchased! and pla.11tec1 $ 25.00 Rat Funct ion Cost$ Unit of Measu1r,e
LABOR - AT' PREVAILING W AGE.
11 Landscape Maint. Laooirer $ 35.01) Hour
2 Landscape Maint. Leadl Worker $ 50.01) Hour
3 Landscape Maint. Supervi1sor $ 50.01) Hour
4 I rri gatio11 Specr.alist $ 50.01) Hour
5 Pest Co11troi Applicator $ 1150.01) Hour
6 Tree Trimmer $ 300.01) Hour
7 Eq11lJipment Operator $ 75.00 Hour
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32 Oily of San Cteme11fe - PtJb1ic Warks D,eparfmenf, Maintenance .Se.n.:lces Di»sioo

CITY OF SAIN CLEMENTE
Landscape Mainrtenanc,e, o·f City Water Faciillitiies
Bid IForm (Page J of J)
MONiTIHL Y MAINiTIENIANCE COSTS
Location Descripti:on Adldress Per Month
11 Corporate Yard 380 & 3'90 Aveni:da Pico $11,100_00
2 ~rvoir3 E1 levante Reseivoiir, 208 ½ Bl Levante $ 250.00 3 Reservoir7 618 Calle Reata $ 1.50_00
4 Resewoir,8 770 A:venida Acapulco $ 250 _00
5 ReseliVOir ·11 Cordillera IResewoir, 200 Calle Cordi( era $ 250 _00 16 Reservoir 12 Sarnta Maria Reservoir,, 62 ½ Via Santa Maria $ 200_00
] Reservoirn 3017 Eminoocia Del Nbrte $ 300.00
:s Paliza:da Pump station 200 A:venida Caballeros $ 250_00 :9 Bahia Pump station 401 Calle Bahia $ 1.50_00
Totall Mon!hliy Cost $2,900_00
For lniiHal Contra.ct Term - 3 Years (Julry 11,, 2023 hrough ,June 30, 20i26) T,ota'I Per Year $ 34,800.00 ----------
T,ota'I for tniit-,all Contract Tenn - 3 Yealf'S, $ 104,400.00 -------------- Tile Contractor sh:all furnisll, i11stal , remove, pelform and pay for all work, labor materials, taxes, transportation services: a11d charg;es, fees and appmtenan items necessary or inoidental to work as speoified in tllese speoifications. other oontr:ad doct1ments. andl work req,uesits or assignments by tile City_
Tile und'.ersigned has ch,eckecl carefully al II the above fi;gures and um:terstancls that Ile City of Sa11 Clemente sllall not be responsibl'.e for a11y e1Tors or omissions on me part of the t111ders1ig11edl in malking up this b'icf_
E_ Stewart andl Associates. Inc.

Company ~p ease Print)
Edwin S1ewart
Company Representative (P ease Print) c~S~
Signature
OEO
Tille
4-1'8-2023
Date
(94'91
) 498--9250
Telephone#
ed@estewartinc_ com
E-mai I Ad:diress
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EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. 33 55452.01100\31090125.5 32 of 42 06/06/2023
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Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 34 55452.01100\31090125.5 33 of 42 06/06/2023
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EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(Performance and Payment Bonds included on the following pages)

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EXHIBIT “D”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 39 55452.01100\31090125.5 38 of 42 06/06/2023
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________, 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein 41 55452.01100\31090125.5 40 of 42 06/06/2023
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above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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EXHIBIT “E”

COMPENSATION
Compensation for the services provided under this Agreement shall be as provided in the Bidder’s Proposal. Total annual compensation shall not exceed Thirty Four Thousand Dollars ($34,800.00), plus an annual contingency of Five Thousand Dollar ($5,000) for approved Extra Work, for a total not to exceed amount of Thirty Nine Thousand Eight Hundred Dollars ($39,800.00) annually. The work described in the Contract, RFP and Specifications IS subject to Prevailing Wage requirements.

Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3.2.12.1 and 3.2.12.2 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4.
44 ATTACHMENT 2
RESOLUTION NO. 23-52

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING A MAINTENANCE SERVICES

AGREEMENT WITH ED STEWART AND

ASSOCIATES TO PROVIDE LANDSCAPE

MAINTENANCE AT THE WATER RECLAMATION
PLANT AND NINE RESERVOIR LOCATIONS.

WHEREAS, the City wishes to provide landscape maintenance at City owned properties; and
WHEREAS, the City’s current agreement with Greentech Landscape sunsets June 30, 2023; and
WHEREAS, staff advertised a Request for Proposal on the electronic bidding program, Planet Bids, which closed on April 20, 2023; and WHEREAS, four proposals were received in response to the RFP in April 2023 and the most qualified proposer is Ed Stewart and Associates, Inc. with an annual cost of $34,800 for a three-year total of $104,400; and WHEREAS, City staff recommends that City Council approve a three-year maintenance services agreement with the option of two one-year extensions with Ed Stewart and Associates, Inc. to provide landscape maintenance at City owned properties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Approve this Resolution of a maintenance services agreement with Ed Stewart and Associates, Inc.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 45 Resolution No. 23-52 Page 2
PASSED AND ADOPTED this _____ day of June, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
46 Resolution No. 23-52 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-52 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
47 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7K
Department: Public Works
Prepared By Randy Little, Maintenance Manager
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES AGREEMENT TO PROFESSIONAL SPORTS FIELD MANAGEMENT, INC. (PSFM) TO PROVIDE INFIELD (17) AND TRACK (1) MAINTENANCE, AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE

YEAR AGREEMENT WITH TWO OPTIONAL ONE YEAR EXTENSIONS FOR A TOTAL NOT TO EXCEED ANNUAL CONTRACT PRICE OF $535,000, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES Summary:

This item is the consideration of a three-year agreement with PSFM, Inc. of San Juan Capistrano for infield (17) and track (1) maintenance with an annual cost of $510,000, plus a $25,000 annual contingency, for a three-year agreement cost not to exceed $1,605,000. The agreement would also have two optional one-year extensions, to be exercised in the City Manager’s discretion.

Background:

The existing infield and track maintenance contract expires on June 30, 2023. Staff advertised request for proposals (RFP) on Planet Bids in May 2023 for these services. Two proposals were received and none were from businesses based in San Clemente. PSFM, Inc. was the lowest responsive and responsible bidder with an annual cost of $510,000, plus a $25,000 annual contingency, for a three-year total not to exceed $1,605,000.

Council Options:
· Adopt Resolution No. 23-53, awarding a Maintenance Services Agreement to PSFM, Inc., authorizing the City Manager to execute the agreement and finding the project categorically exempt from CEQA.
· Modify and Adopt Resolution No. 23-53.
· Continue the item and direct staff to provide additional information. · Do not adopt Resolution No. 23-53 and discontinue infield and track maintenance as of June 30, 2023.

Fiscal Impact:

Yes. The total three-year agreement cost is not to exceed $1,605,000. The annual not to exceed contract amount of $535,000 is funded from the available budget in Park Maintenance (Account 001- 635-43425).

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 6/15/2023
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Meeting Date: 6/20/2023 Agenda Item: 7K
Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-53, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a Maintenance Services Agreement for Infield and Track Maintenance to PSFM, Inc. for a three-year contract term with the option of two additional one-year extensions for a potential total agreement term of five years.

3. Authorize the City Manager to execute a Maintenance Services Agreement with PSFM, Inc. with a not to exceed annual contract price of $510,000, plus a $25,000 annual contingency, for a total not to exceed annual amount of $535,000 per year for a three-year contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion.

Attachment:

1. Maintenance Services Agreement

2. Resolution No. 23-53
Notification:

All bidders were notified.

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ATTACHMENT 1
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Professional Sports Field Maintenance, Inc. (PSFM), a California Corporation, with its principal place of business at 29466 Ridge Road, San Juan Capistrano, CA 92675 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Infields and Track maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for Infields and Track maintenance services dated April 17, 2023 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing Infields and Track maintenance 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 it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Infields and Track Maintenance (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Infields and Track maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at the City Manager’s sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3 55452.01100\31090125.5 2 of 43 06/05/2023
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3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.5 Contractor’s Representative. Contractor hereby designates Don Bordelon, President, 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 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, Contractors and other staff at all reasonable times.
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3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 5 55452.01100\31090125.5 4 of 43 06/05/2023
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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 elected 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.

3.2.12 Bonds.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to 6 55452.01100\31090125.5 5 of 43 06/05/2023
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the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13 Water Quality Management and Compliance.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
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A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

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 “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Ten Thousand Dollars ($510,000.00), plus a Twenty Five Thousand Dollar ($25,000.00) annual contingency, for a total not to exceed annual amount of Five Hundred Thirty Five Thousand Dollars ($535,000.00), 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 invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

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and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Professional Sports Field Maintenance, Inc. 29466 Ridge Road
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San Juan Capistrano, CA 92675
ATTN: Jesus Moreno, CEO
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 12 55452.01100\31090125.5 11 of 43 06/05/2023
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization
PROFESSIONAL SPORTS FIELD MAINTENANCE, INC.
(“CONTRACTOR”)
Contractor’s License Number__________
By:

Jesus Moreno, CEO
By:

Julissa Zamora, CFO and Secretary
Dated: ____________________, 2023
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

INFIELDS AND TRACK MAINTENANCE
Project No. __________

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

Carrier___________________________________________________ Policy Number______________________________________________

E WORKERS’ COMPENSATION WARNING: FAILURE TO SECUR

ALL SUBJECT AN EMPLOYER TO COVERAGE IS UNLAWFUL, AND SH

15 LJ
□
~
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Dated: ________________________, 2023
Professional Sports Field Maintenance, Inc.

Contracting Firm
By: ________________________________
Signature
________________________________
Title
________________________________
Address
________________________________
Address

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EXHIBIT “A”

SCOPE AND SCHEDULE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)

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S P E C I F I C A T I O N S
Infields and Track Maintenance

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF SPECIFICATIONS AND INTENT
The intent of these specifications is to provide full and complete contract maintenance at the City's 17 infields and one multi purpose track. This is a 7 days per week, 365 days per year contract.

2. SCOPE OF WORK
A. Contractor shall furnish all labor, equipment and materials to perform maintenance as described herein, including but not limited to the following:

1. Inspection and repair of all infields and running track:

2. Preliminary watering of Home plate, pitcher's mound and base areas.

3. Watering of the diamonds.

4. Dragging of the diamonds.

5. Cleaning of dugouts and bleacher areas.

6. Soil loosening, raking, leveling, shaping and tamping.

7. Repair of home plate and pitcher's mound areas:

8. Quarterly Periodic Special Maintenance to ensure an even playing surface.

9. Twice per year (at a minimum) scarification, filling, spreading, leveling and compaction of all infields and track.

10. Layout and Chalking of Batter's Box and Baselines.

11. Annual laser-leveling of all infields.

12. Weed control.

13. General litter control, refuse removal, hardscape cleaning, and grounds inspection.

B. It shall not be the contractor’s responsibility to maintain or repair:

1. Area lighting systems.

2. Fencing.

3. Gates.

4. Signage.

5. Damage beyond the control of the Contractor.

6. Graffiti.

3. WORKING HOURS
Normal working hours shall be between 5:30 AM (sunrise) and 5:00 PM, Monday through Sunday. No motorized equipment shall be used prior to 7:00 AM. 18 55452.01100\31090125.5 17 of 43 06/05/2023
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4. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest infield and track maintenance standards, as stated in the enclosed maintenance specifications. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

B. All work shall meet with the approval of the City of San Clemente, Maintenance Manager or his or her designee. If so deemed by the City, there shall be monthly meetings with the Contractor and the City representative to determine progress and to establish areas needing attention.

C. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall be made without permission of the City of San Clemente Maintenance Manager or his or her designee. The loss or theft of these keys shall require re-keying of any such facilities at the Contractor’s expense.

B. Any proposal for extra work must be approved by the Maintenance Manager or his or her designee before any extra work is initiated.

C. Once extra work has been approved, said work shall be completed by the Contractor in accordance with the schedule and instructions as specified by the Maintenance Manager or his or her designee.

D. The Maintenance Manager or his or her designee may grant approval for extensions.

E. Costs for extra work must conform to the Unit Costs For Extra Work quoted by Contractor on the bid form included herein.

7. DISPOSAL
A. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses.

B. Contractor shall provide a quarterly report of waste diversion. This report shall be due no later than five (5) working days following the end of each quarter. 19 ------
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C. Contractor may dispose of landscape waste/debris at an appropriate outside facility or in the designated area at the City's Corporate Yard located at 390 Avenida Pico.

A. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.

2. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates.

B. The total cost of materials shall include the following:

1. Wholesale cost (retail cost minus Contractor’s discount), as stated above.

2. Applicable sales taxes.

3. A markup of 15% maximum for all overhead costs and profits.

1. Contractor shall conform to all City practices and procedures.

2. All City purchases shall be for the sole expressed use of and for the City.

4. The Contractor shall reduce the unit cost for each maintenance task by the City’s actual cost for the materials provided and used.

10. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers.

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Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Contractor.

F. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

D. Materials damaged or destroyed by City forces, or as a result of construction shall be reported promptly by Contractor to the City, along with an estimate of cost for replacement. The Maintenance Manager or his or her designee may authorize replacement by the Contractor, and the City shall pay the Contractor for the cost of the replacement, including the cost of labor.

12. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. Equipment and vehicles must be clearly marked with the Contractor's company name, and identification number or code.

D. No internal combustion blowers are allowed to be used in the City. Electric or battery operated blowers are allowed.

13. SAFETY REQUIREMENT
A. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Maintenance Manager or his or her designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.
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B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor which is not a result of his operations, shall be immediately reported to the Maintenance Manager or his or her designee.

14. SCHEDULES/SCHEDULING
A. All scheduling of work and specification requirements will be dictated by the City's Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc.

Contractor shall adapt operations to these changes.

15. PERFORMANCE DURING INCLEMENT WEATHER
During periods when inclement weather hinders normal operations, the Contractor shall:

A. On the next scheduled work day after a rain event, the contractor shall remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or remove water using a pump system. Hand rake these areas. To speed up the drying process, add Quick Dry/Turface Pro to wet areas and rake in.

GENERAL MAINTENANCE REQUIREMENTS

2. All operations shall be conducted so as to provide maximum safety for the public, and minimize disruption of the public use of the infields and track.

3. Contractor shall keep all contract areas free of weeds, trash and other debris.

4. Contractor shall notify the City immediately of any unusual and hazardous condition in the contract areas, including any item that creates a hazard or prevents the public’s use of the infields and/or track.

SPECIFIC MAINTENANCE REQUIREMENTS

1. The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the infields and track. Since these are high use facilities, maintenance operations must be performed during short breaks in athletic scheduling to accomplish required infield and track care.
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The Contractor shall:

A. Perform daily infield maintenance to retain smooth and level playing surface:

1. Contractor shall remove all litter, broken glass and hazardous debris from infield, warning track, track, dugouts and bullpen areas.

2. Contractor shall keep all dirt areas in a clean and weed free condition.

Dugouts to swept and all debris removed.

3. All bases are to be removed before beginning any work on the infield and re-install after all work on the infield is completed. When necessary, base post anchors will be scraped and/or wire brushed to help facilitate base removal and installation.

4. Contractor shall shovel/rake material from high spots back into low spots or worn areas on base running paths, sliding zones, and any other low spots or worn areas appearing on infields, warning track, track or bullpen.

5. Contractor shall pay special attention to pitcher’s mound, home plate and batter’s box areas. Sweep/rake away all loose material and slightly water the area. Scarify the areas with a shovel and backfill with Hilltopper or infield mix if appropriate. Tamp the area firmly with a steel tamp that has a plastic sheeting and duct tape or tamp sock to help prevent wet material from sticking. After tamping and compacting the area, cover the area with a very thin layer of infield mix.

6. Contractor shall lightly water the entire infield area to a minimum depth of 1/8”. This process is critical to keep infield mix in place and minimize airborne dust.

7. Begin dragging infield utilizing a small utility vehicle such as a John Deere 1200A with a grooming or finishing drag. The speed of the vehicle shall not exceed 5 mph. Circular or figure eight drag patterns shall be used. Contractor shall alternate drag patterns or reverse direction of drag patterns to avoid ruts and high/low areas.

8. Contractor shall take extra care to maintain a minimum of an 18” gap between the finishing drag and all turf areas, backstops and chain link fencing. This is to reduce buildup of lips at infield mix/turf edges.

9. When the dragging process is complete, the contractor shall stop the drag in a different location daily to avoid the accumulation of infield mix in one area. The finishing drag will be picked up and all debris accumulated in the drag will be removed. The pickup area will then be hand raked.

10. After dragging, contractor shall hand rake the 18” edges around the infield, the outfield arc, the backstops and fencing. No mix will be pushed into turf areas.

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conditions and next scheduled use of field.

B. Weekly Maintenance:

1. Contractor shall edge infield and outfield arc weekly with a walk behind steel blade edger. No string trimmers are to be used in the edging process. Straight lines shall be edged by running a string line to assure lines are straight.

2. Contractor shall power broom the infield edges and outfield arc to prevent buildup of infield mix in turf areas. The infield and outfield arcs will then be hand raked. Contractor may use a hose with high pressure nozzle to remove infield mix from edges. This can only be accomplished if there is sufficient time for the area to dry before next scheduled use.

3. Contractor shall be responsible for all infield mix irrigation systems.

Contractor shall check the system weekly and make any needed adjustments or repairs.

C: As Needed Maintenance:

1. As directed by City staff, contractor shall chalk/line infield mix area to the specifications of the type of activity for that day’s play. This includes batter’s boxes, coach’s boxes, pitcher’s circle, running lane, on deck circles and commitment line.

2. Contractor shall paint foul Ines on turf areas weekly, preferably no more than one day after outfield is mowed.

3. Contractor will scarify/nail drag infield mix, warning track and track as needed.

D: Annual Maintenance:

1. Contractor shall laser grade each ballfield per the schedule provided by City staff. Contractor shall water infield mix area and using a shatter tine aerator, breaking up the existing infield mix to a minimum of 2”. If needed, new infield mix material will then be added and mixed into the existing material. Using a dual grade laser, level the playing surface. Drag the infield and hand rake the edges.

2. Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications.

3. Contractor shall rebuild pitcher’s mound, batter’s boxes and catcher’s box using Hilltopper or other material as requested by City staff. 24 55452.01100\31090125.5 23 of 43 06/05/2023
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MAINTENANCE FREQUENCY SUMMARY

FUNCTION FREQUENCY
1 Inspection
For Hazards
For Proper Water Drainage
Daily
Weekly
2 Preliminary Watering Daily, in season
3 Leveling Daily, in season
4 Watering Daily, in season
5 Repair Home Plate and Pitcher's Mound Areas Daily, in season 6 Dragging Daily, in season
7 Layout and Chalking of Batter's Box and Baselines Daily, in season 8 Remove Weeds, Trash, Litter, Other Debris Daily, in season 9 Hand rake infield edges Daily, in season
10 Scarification
of Infields
Track
As Needed
11 Laser-leveling Annually

CONTRACT LOCATIONS
Location Address
Infields
(17)
Track
(1)
1 Vista Hermosa Sports Park (VHSP) 987 Avenida Vista Hermosa 3 N/A 2 Steed Park 241–301 Avenida La Pata 4 N/A
3 Talega Park 179 Corte Cristianitos 1 N/A
4 Tierra Grande Park 399 Camino Tierra Grande 2 N/A
5 Liberty Park 1120 Calle Saluda 2 N/A
6 San Gorgonio Park 2916 Via San Gorgonio 2 N/A
7 Forster Ranch Park 1291 Sarmentoso, 3407 Vera Cruz 1 1 8 Vista Bahia Park 402 Calle Bahia 1 N/A
9 Bonito Canyon Park 402 Calle Valle 1 N/A
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STANDARD MATERIALS
All material used in maintenance or repair must conform to the products listed below. Any item not mentioned in, and any deviation from, this approved list must first be approved by Maintenance Manager or his or her designee before installation.

IRRIGATION EQUIPMENT:

1. P.V.C. Sch. 40 pipe and fittings.

2. P.V.C. Sch. 80 risers.

3. P.V.C. (not Marlex) street Ells on swing joints.

4. Rainbird 1800 Turf and Shrub irrigation heads.

5. Rainbird EFB-CP series control valves.

6. Rainbird single lug quick coupler – 44LRC.

7. Penn-tite connectors for wire splicing.

8. Hunter geared rotors.

TURF FERTILIZERS:

As directed by the Maintenance Manager or his or her designee.

PLANT STOCK:

All plant stock, trees, shrubs, annuals and perennials, flowers, ground covers must be approved by the City before planting regarding selection and condition of the plant material.

PESTICIDES:

MULCH:

Organic material applied to a minimum depth of two inches (2.”) using Forest Floor Mulch.

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EXHIBIT “B”

CONTRACTOR'S PROPOSAL BID
(Contractor's Proposal Bid included on the following pages)

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28 CITY OF SAN CLEMENTE
Infields and Track Maintenance
Bid Form (Page 1 of 4)
Th" is to be a ree (3) year contract or major portion the eof, ba ed on the City's fiscal year begi ning July 1 of each year and ending on June 30 of the follo vi g year, w· h an ini ial co tract term of J ty 11 2023 through June 30. 2026. The City may choose to extend he Contract tenn at the City's sole discretion and by mu ual consent of the City and Co trac or, with the option of two one-year extensions for a po en ial to al contract term of five years.

CONTRACT AREA DESCRIPTION
The Contract area includes seventeen (17) infields and one (1) multi-use athletic track.

UNIT COSTS FOR EXTRA WORK
A. The Contractor agrees that for requested and/or required anges i the scope of work, including add. ions and deletions on wo not performed, the Contrac Sum shall be adjusted i accordance with the folio ving nit prices, where the City elects to use this method In determi Ing cos s.

8. The Contractor is advised hat the unit prices shall enter into the determina ion of the successful Contractor. Unreasonable prices may result in rejection o the entire proposal. Uni prices listed belo refer to all items alntai ed or installed and include all cos s connected with s ch items: incl ding but not limited to, specified ma erials, labor, overhead and profit for Contractor and/or S bcontractors.

C. The un· price quoted by the Contractor s all be those unit prices that shall be charged or credited for labor and materials to be provided regardless of the total number of units and/or amo nt of labor required for added or deleted items of work.

D. All work shall e performed in accordance with he specifications included herein. 55452.01100\31090125.5 27 of 43 06/05/2023
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29 nf!elds and "track Maintenance
Bid Forrn (Page 2'. of 4)
Uni,t Costs For f.iitra Woth,
ANNUAL LASER L[Wl ING
r Per Year
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30 Infields and Track Maintenance
Bid Form (Page 3 of 4)
MoNTHLX MAINTENANCE COSJJ
ByLoaatlon Perllonth -sEE NOTeS
1) Vlata HemlOIII Spol1a Park MISP) $ 1§.§D
Z) Staid Parle $ 184.00
3) Tale@Park I §.Ill
4) Tfeml Grande I 92.00
ti UbertyPadc • &&112
!l San 8orgonlo Park $ 103.50
7) FOl8fer Ranch Park ,1ncludlna T~ I 10.,.§Q
8) Viala Bahia Palk /wallmwt fleld s §00
9) Bonito canvon Park ' 57.60
Total Per llonll: S -SEENOTES Total Per Year: S :1EENQJES LayoutAnd Chaldna .,....,, IJgxpd ......

Total PerMontll: $ 19:E NO'T§S Tolal Per Year: S •see NOJ5 Annual YW-LmlDI
Total Per Month: ·---1-- Total PerYear: S __ 1s._1_ao __ _ 55452.01100\31090125.5 29 of 43 06/05/2023
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31 City of S!IIT Cfement1J-Pui)li~ WG\'kS D9t,!Jtm,nt M:liltsmJnet, SGrvlCOS DivlsSM Infields and Track Maintenance
Bid Form (Page 3 of 4)

MONTHLY MAINTENANCE COSTS
NOTE: Bid cost& aha!I include all appllcabJe &ale~, use or other truces.

For Initial ContractTarm- 3 Years (July 1. 2023 through June 30, 2026) All Costs (Except Labor): Total Por'Year-... , .. ,n,,,.,-................ $ *SEE NOTES Total for ln_itial Contract Tenn - ·3 Years ....... s *SEE NOT6S The Contrador shall furnish, Install, remove, perform and pay for all work, labor materials, taxes. transportatlQn ~orvlces and charges, fees and appurtenant item, nec~sary or lncfdental to work as. specified In these specifications, other contract documents, and •Nark requests or assignments by'the City.
r he undersigned has chec,Ced care~ lly a!I t."ie ~bov~ figures and understands that the City of San Clemente shall .. not be responsible fot any errors or omissions on the part of the undersigne<l in rnakir19 up fhls bid. ·
.Proiesslon:ll Sports Field Malnt9nance, Inc. Moy 11 1 2023 .Jesus Moreno 949-481- 7041> '
Company Representative (P se Print) Telephone 11 . '\
PSFMlt-fC®COX.NET
E--m.ail Address ·
CEO
Jitle
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32 lfNMRi~Road
an I an C · ~ 67:S
Randy littl .

Mairue.nance Iv a, illger
ity , · · ent
3 0 . o, Uldg.

San . A 9 67
RE: htfield
Dear rvfr. L"ttle.,,
intenancc RFP
-704!)
P (1.~.n J
'929(}
Df'IUI J 7j77
· n b . I . ,If of P fess.10 ial p . Field ainte · nee. l1111c. [ would lite to thank yo for the opportunity to submit a r sponse for ilie lnfi ~1c1 & Trac Mamtenooc · Req st for P1'Qposal.

P ",l:•M has ol\-'er 22 r,e,at· u:, cxpcri · cc s.pccializilng iw 1hc mahucnancc of baseball and softbal] fields throug ' out . outl1e CaJifo ltla. W,e are headq uruiered in Ornuge Ccn.ml:y and crtJttentll pro id daU • maintenan,ce ervi e Lo ov r 50 baseball aJlld uftb I :Eidds inJudinu Bi track for various C"6es. W · u.nd taod the requmnen . oftJ:1e proj,ect beean e thi i our fo t · • h · need for re liable, quali. ork. • · ·:J.{onncd rn the· .highest ta.udar-ds is what w ar known f, r. 'ii e · m1 p rbne hlps, maintaining daily co. tai.:t ..

Vi "th ,our clients to adapt to sp cial silt fi.ons. ands ·lledule uhangcs. , · r quali.ficatio are s co d to none· v .heilier it is 011.1r wi;U ttain.ed cmpiloy ·s or our state ohhc 8!1:1 eqttipmem. OIJII c:xpc1i ~nc1:: in an aspc::cts of maiotemm.ce; o: spor· fie]ds prnvide.s 01.1 clients with a siug so"tlrce for all the,.r needs.. We do n t sub oontract any &')Jt:Ct of a pro· er'I.. !Fr-om building a p1tc:her' s rnmmd to las r leveling th lhrickdust infi ld ··e corapl 'te lb task" 'lb ou:r eq ipm 1t and mllr npl y e .

71.icensed Contract r Number 929290 ru d w-e are gi d with th.e· DI e istraUon un ber l0006 l 75 77. In addition. we car.cy [ of th nqufred .I , I. of 55452.01100\31090125.5 31 of 43 06/05/2023
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EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. 34 55452.01100\31090125.5 33 of 43 06/05/2023
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(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly 35 55452.01100\31090125.5 34 of 43 06/05/2023
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reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

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EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(Performance and Payment Bonds included on the following pages)

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 39 55452.01100\31090125.5 38 of 43 06/05/2023
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 40 55452.01100\31090125.5 39 of 43 06/05/2023
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein 42 55452.01100\31090125.5 41 of 43 06/05/2023
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above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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EXHIBIT “E”

COMPENSATION
Compensation for the services provided under this Agreement shall be as provided in the Bidder’s Proposal. Total annual compensation shall not exceed Five Hundred Ten Thousand Dollars ($510,000.00), plus an annual contingency of Twenty Five Thousand Dollar ($25,000.00) for approved Extra Work, for a total not to exceed amount of Five Hundred Thirty Five Thousand Dollars ($535,000.00) annually. The work described in the Contract, RFP and Specifications IS subject to Prevailing Wage requirements.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

MAINTENANCE SERVICES AGREEMENT TO
PROFESSIONAL SPORTS FIELD MANAGEMENT, INC.
(PSFM) TO PROVIDE INFIELD (17) AND TRACK (1)

MAINTENANCE, AUTHORIZING THE CITY MANAGER TO

EXECUTE A THREE YEAR AGREEMENT WITH TWO

OPTIONAL ONE YEAR EXTENSIONS FOR A TOTAL NOT
TO EXCEED ANNUAL CONTRACT PRICE OF $535,000,

AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING
FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES
WHEREAS, the City wishes to hire an independent contractor to provide safe and well maintained infields and track surfaces; and
WHEREAS, the current agreement sunsets on June 30, 2023; and WHEREAS, staff advertised request for proposals (RFP) on Planet Bids in May 2023 and two proposals were received; and
WHEREAS, the lowest responsive and responsible bidder is Professional Sports Field Management, Inc., with an annual not to exceed cost of $535,000 (including contingency) for a three-year total not to exceed $1,605,000.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals and true and correct and incorporated herein as findings.

SECTION 2. That the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the maintenance of existing structures, facilities, or topographical features, involving negligible or no expansion of existing or former use and has no potential to cause a direct or foreseeably indirect effect on the environment.

SECTION 3. That the maintenance services agreement for infield and track maintenance is awarded to Professional Sports Field Management, Inc. for a three-year contract term with the option of two additional one-year extensions for a potential total agreement term of five years.
46 Resolution No. 23-53 Page 2
4865-9350-0010 v1
SECTION 4. That the City Manager is authorized and directed to execute a maintenance services agreement with Professional Sports Field Management, Inc. for a not to exceed annual contract price of $510,000, plus a $25,000 annual contingency, for a total not to exceed annual amount of $535,000 for a three-year contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion in a form substantially similar to that presented to City Council on June 20, 2023.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-53 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
48 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7L
Department: Public Works
Prepared By Randy Little, Maintenance Manager
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES AGREEMENT

TO POWERCLEAN FOR DOWNTOWN PRESSURE WASHING, AUTHORIZING THE CITY

MANAGER TO EXECUTE A THREE YEAR AGREEMENT WITH TWO OPTION ONE YEAR RENEWALS AT A COST OF $66,950 ANNUALLY AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES Summary:

Before the City Council is the award of a three-year agreement with Powerclean for downtown (TZone) monthly pressure washing with an annual cost of $66,950 and a total three year agreement cost of $200,850, with two additional one-year optional renewals to be exercised in the City Manager’s discretion. If both options are exercised, the five year agreement would cost a total of $334,750.

Background:

The existing downtown pressure washing contract expires on June 30, 2023. Staff advertised request for proposals (RFP) on Planet Bids in May 2023 for these services. Four proposals were received and Powerclean was determined to be the lowest responsive and responsible bidder with an annual cost of $66,950 for a three-year total of $200,850. Powerclean is a sole proprietorship owned by Dave Ausmus, located in Fallbrook. No responsive bids were received from San Clemente based businesses.

While a lower bid was received from Alert Power Washing with a bid proposal of $54,985 annually and $164,955 for the three year agreement term, the bid was not responsive. Alert Power Washing did not include references, an organizational chart or work plan, which rendered their proposal incomplete. Powerclean was the lowest responsive and responsible bidder.

Council Options:
· Adopt Resolution No. 23-54, awarding the Maintenance Services Agreement to Powerclean, authorizing the City Manager to execute the agreement and finding the project exempt from the California Environmental Quality Act (CEQA).
· Adopt Resolution No. 23-54 with modifications.
· Continue the Item and direct staff to provide additional information.

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Meeting Date: 6/20/2023 Agenda Item: 7L
· Do not adopt the resolution and discontinue monthly pressure washing services.

Fiscal Impact:

Yes. The total three-year agreement cost is $200,850. If both optional one-year renewals are exercised, the five year agreement would cost a total of $334,750. The annual contract amount of $66,950 is funded from the available fund balance in the Streetscapes Fund (Account 001-634- 43470).

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-54, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a Maintenance Services Agreement for downtown pressure washing services to Powerclean for a three-year contract term with the option of two one-year extensions for a potential total agreement of five years.

3. Authorize the City Manager to execute a Maintenance Services Agreement with Powerclean for a three-year contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion, for a potential total agreement of five years, at an amount not to exceed $66,950 per year.

Attachment:

1. Maintenance Services Agreement

2. Resolution No. 23-54
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 6/15/2023
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ATTACHMENT 1

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Dave Ausmus dba Powerclean, a sole proprietorship with its principal place of business at 1742 Green Canyon Road, Fallbrook, CA 92028 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain pressure washing maintenance services required by the City on the terms and conditions set forth in this Agreement which are hereby incorporated as though fully set forth herein. The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing pressure washing maintenance 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 it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render Pressure Washing Services in the downtown area on El Camino Real from Palizada to Presidio (both sides of street from business store front to curb and on Avenida Del Mar from El Camino Real south continuing on Victoria and ending at Cazador (both sides of street from business store front to curb)(“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the pressure washing maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. At the City’s option, exercisable in the City Manager’s discretion, the initial term may be extended for two additional one-year periods by a writing signed by the Parties. 3 55452.01100\31090125.5 2 of 32 06/01/2023
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3.2 Responsibilities of Contractor.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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 Randy Little, Public Works Maintenance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”).

City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Dave Ausmus, Owner, 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 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, Contractors and other staff at all reasonable times.
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3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 5 55452.01100\31090125.5 4 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] 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 elected 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.

3.2.12 Bonds.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 6 55452.01100\31090125.5 5 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13 Water Quality Management and Compliance.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 7 55452.01100\31090125.5 6 of 32 06/01/2023
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3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

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 “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty Six Thousand, Nine Hundred Fifty DOLLARS ($66,950.00), which includes an annual contingency of Ten Thousand DOLLARS ($10,000.00), without approval of the 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 invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Powerclean
1742 Green Canyon Road
Fallbrook, CA 92028
ATTN: Dave Ausmus, Owner
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little, Maintenance Manager
9 55452.01100\31090125.5 8 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 11 55452.01100\31090125.5 10 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. 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.
[SIGNATURES ON FOLLOWING PAGE]
12 55452.01100\31090125.5 11 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:____________________________
ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Dave Ausmus dba POWERCLEAN
(“CONTRACTOR”)
_____________________________

Print Name:___________________
Dated: __________________, 2023
13 55452.01100\31090125.5 12 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] WORKER’S COMPENSATION INSURANCE CERTIFICATION

DOWNTOWN PRESSURE WASHING
Project No. ________

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
14 n
□
55452.01100\31090125.5 13 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Dated: ________________________, 2023

POWERCLEAN
Contractor
By: ________________________________
Signature
________________________________
Title
________________________________
Address
Address
15 55452.01100\31090125.5 14 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
Pressure washing services on a monthly basis in the downtown area on El Camino Real from Palizada to Presidio on both sides of street from the business store fronts to the curb. This service is also required on Del Mar from El Camino Real south continuing on Victoria and ending at Cazador on both sides of street from the business store fronts to the curb.
(Continued in the Technical Maintenance Specifications

ON THE FOLLOWING PAGES)
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S P E C I F I C A T I O N S
Downtown Pressure Washing Services

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF SPECIFICATIONS AND INTENT
The intent of these specifications is to provide full and complete contract pressure washing at the City's T Zone area as described within this document.

2. SCOPE OF WORK
A. Contractor shall furnish all labor, equipment and materials to perform pressure washing on a monthly basis as described herein, including but not limited to the following:
1) The Contractor shall perform services between the hours of 4 AM-10 AM M-F. At no time shall driveways, alleys or business entrances/exits be blocked by the pressure washing activities. All operations must be completed by 10 AM and areas ready for public access.
2) Removal and disposal of trash and debris as necessary to wash surfaces. At no time will the Contractor be allowed to blow, sweep or wash debris or trash into public streets, gutters, storm drains or ocean. The Contractor shall be held liable for any such activity under the Clean Water Act.
3) Complete high pressure wash (2,000 psi) of the entire surface from building front to curb.
4) Spot treat gum and clean all stains.
5) Report any maintenance issues requiring City response daily. 6) Contractor is responsible for full recovery and proper disposal of collected wash water required by the Clean Water Act.
7) The closest storm drain inlet downstream from work area must be protected at all times during operations.

3. WORKING HOURS
Normal working hours shall be between 4:00 AM-10:00 AM, Monday through Friday.

4. LEVEL OF MAINTENANCE
A. All work shall meet with the approval of the City of San Clemente, Maintenance Manager or his or her designee. If so deemed by the City, there shall be weekly meetings with the Contractor and the City representative to determine progress and to establish areas needing attention.

B. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall 17 55452.01100\31090125.5 16 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] be made without permission of the City of San Clemente Maintenance Manager or his or her designee. The loss or theft of these keys shall require re-keying of any such facilities at the Contractor’s expense.

B. Any proposal for extra work must be approved by the Maintenance Manager or his or her designee before any extra work is initiated.

C. Once extra work has been approved, said work shall be completed by the Contractor in accordance with the schedule and instructions as specified by the Maintenance Manager or his or her designee.

D. The Maintenance Manager or his or her designee may grant approval for extensions.

E. Costs for extra work must conform to the Unit Costs For Extra Work quoted by Contractor on the bid form included herein.

7. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers.

E. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.

8. REPAIRING INJURED WORK
A. The Contractor shall immediately report any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

9. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. Equipment and vehicles must be clearly marked with the Contractor's company name, and identification number or code.

D. No internal combustion blowers are allowed to be used in the City. Electric or battery operated blowers are allowed.

10. SAFETY REQUIREMENT
A. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Maintenance Manager or his or her designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

11. SCHEDULES/SCHEDULING
A. All scheduling of work and specification requirements will be dictated by the City's 19 55452.01100\31090125.5 18 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc.

Contractor shall adapt operations to these changes.

GENERAL MAINTENANCE REQUIREMENTS

2. All operations shall be conducted so as to provide maximum safety for the public, and minimize disruption of the public sidewalks.
(Continued ON THE FOLLOWING PAGE)
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] 21 City of San Clemente
91 0 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel: (949) 361-3600
Fax: (949) 361-8316

LOCATION MAP
Pressure Wash
T Zone
Both sides of the streets
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Perform services listed in Exhibit “A” on a monthly basis. All work shall be performed Monday through Friday from 4:00 am to 10:00 am. No exceptions. (Continued in the contractor's Proposal Bid
ON THE FOLLOWING PAGES, which are incorporate fully herein by this reference) 22 55452.01100\31090125.5 21 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] 23 CITY OF SAN CLEMENTE
Downtown Pressure Washing
Bid Form (Page 1 of 4)
his is to be .a three (3} yea r contract or major iPOrtion thereof. based on M e Cit~'s fiscal year beginnin,g Jul'y 1 of each year and ending on June 30 of the fol!owlng yea,,, with an initial contract term of July 1, 2JJ,23 through June 30, 2026,, The City may ch,oose I.a e>::te.nd th.e Contract term at the City's sol~ di scr,etion arnd by mutuail consent of the City and Contractor, w ith lihe option of two one-year extensions for a potential tota l contract term of five years.

CONTRACT AREA DE~SCRIPTIIOIN
The Contract .area includes the a.rea know as the T Zoine per .attached map. -1· Gamino Re-a I f om Pa I iza·d a ·o Presidio, both sides of street Avenida Osei Ma r/Aven.ida Vi'ctoria rorn El Cami no Rea I to Cazadlor Lane. both sides of street This i nckndes sidewalks, trash recepta cles., benches and bulb-outs.

The u nde rsig1ned certifies that aU d ocu men ts related to this pro pcsa.l have been react and understands a 11 terms and conditions rehitodi thereto; and,, in conform ify with th,e, terms and co 111 ditions, doQS hereby propose- to the City of San Cl,ementc as fol low.s:

UNIT C OSTS FOR EXTRA WORK
A. The Contractor agrees th at for requested and/or requfred changes in the scope of work, includi'ng additions and deretioris o.n wor.k mot pel'form,ed, t he Confract Sum shall be adjusted in accord~nce with 1J11e following unit pric~s. where the City elecis to- tise t,his method in determining c0csts .

B, The Contractor is advns.ed that th,e unit prices sh all enter irito the dete m, ina;~ion of the successful Contractor. Unreasonable ptilces may resu1lt in rejection of the entire iP roposa I. Un.it pric~s I isted 1below refer to al 1
I items ma infai ned or i nstail'led and
i · elude a II cos ts connected with such items; includ:ing but not I im ited to. specified material's. labor, ove:nhead and profit fo r Contractor and/or Subcontractors.

C Tl1e unit price q uotsd by the Contractor shal I b~ those unit prices that shall be charg,ed or c redited for l~bor and mate,rials to be p rovide-d reg a rd less o the total nu mbe.r ,of units anid/or amount of labor- req u I red for .added or deleted items of v,ork.

Q,, All wor1< sha ll be performed in accordance with the specifications included herein. 55452.01100\31090125.5 22 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] 24 City of Sao Clemente - Pul>/ic Worl<s Depsrt.ment, Malntenanco Services Division Downtown Pressure Washing
Bid Form (Page 2 of 2)

MONTHLY MAINTENANCE COSTS
NOTE: Bid costs shall include all applicable sales, use or other taxes.

For lni1ial Contract Term - 3 Years (July 1, 2023 through June 30, 2026) All Costs: Total Per Year ................................... S 0G:i <;S o Total for Initial Contract Term - 3 Years ....... $ ~ OO 1 ~ ~ O I The Contractor shall furnish, install, remove, perfom, and pay for all work, labor materials, taxes. transportation services and charges, fees and appurtenant items necessary or lncidental to work as spedfied in these spedfica ions, other contract documents. and work requests or assignments by the City.

The undersigned has checked carefully all the above figures and understands that the City of San Clemente shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

Company (Please Print)
~live
Signature
Title
(Please Print) T elep,hone #
e=:-~us a.-.: w .ns A, tuC: . co '"' €P ~/1 A re . l -..J.,,.

E-mail Address
55452.01100\31090125.5 23 of 32 06/01/2023
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Bid Form
Unit Costs For Extra Work
LABOR - Non Prevailing Wage
Position Per Hour
1 Laborer s -B2 Lead Worker $ /d. s - 3 Equipment Operator $ --e4 Per Square Foot Cost for Extras s .o~ 5 quipment Cost for Extras $ -er--
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. ***NOTE: If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following:
(1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. 26 55452.01100\31090125.5 25 of 32 06/01/2023
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1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT “and Contractor’s Pollution Liability”; OTHERWISE, ALWAYS DELETE]:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 28 55452.01100\31090125.5 27 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] EXHIBIT “D”

PERFORMANCE BOND
(Performance Bond included on the following pages)
29 55452.01100\31090125.5 28 of 32 06/01/2023
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 30 55452.01100\31090125.5 29 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 31 55452.01100\31090125.5 30 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 2023.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 32 55452.01100\31090125.5 31 of 32 06/01/2023
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@40299e6a\@[email protected] Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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COMPENSATION
Pressure washing services are NOT subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4.

Contractor shall receive compensation as specified in Section 3.3.1 of this Agreement based on the contractor's proposal bid dated 05/18/2023, included under Exhibit “B” Schedule of Maintenance Services, which shall not exceed $66,950 annually. 34 ATTACHMENT 2
4895-3173-2074 v1
RESOLUTION NO. 23-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

MAINTENANCE SERVICES AGREEMENT TO

POWERCLEAN FOR DOWNTOWN PRESSURE

WASHING, AUTHORIZING THE CITY MANAGER TO

EXECUTE A THREE YEAR AGREEMENT WITH TWO
OPTION ONE YEAR RENEWALS AT A COST OF $66,950

ANNUALLY AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE

CEQA GUIDELINES
WHEREAS, the City wishes to provide monthly pressure washing services in the downtown T-Zone area; and
WHEREAS, the City’s current agreement with Dave Ausmus, dba Powerclean sunsets on June 30, 2023; and
WHEREAS, staff advertised a Request for Proposal on the electronic bidding program, Planet Bids, in May 2023; and
WHEREAS, four proposals were received in response to the RFP in May 2023 and Powerclean was the lowest responsive and responsible bidder with an annual cost of $66,950 for a three-year total of $200,850.

NOW, THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:

SECTION 1. That the foregoing recitals are true and correct and incorporated herein as findings.

SECTION 2. That this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of ongoing maintenance of existing City facilities involving negligible or no expansion of existing or former use and with no direct or foreseeable indirect effect on the environment.

SECTION 3. That a Maintenance Services Agreement for downtown pressure washing services is hereby awarded to Powerclean for a three-year contract term with the option of two one-year extensions for a potential total agreement of five years.

SECTION 4. That the City Manager is authorized and directed to execute a Maintenance Services Agreement with Powerclean for a three-year contract term with 35 Resolution No. 23-54 Page 2
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the option of two additional one-year extensions to be exercised in the City Manager’s discretion, for a potential total agreement of five years, at an amount not to exceed $66,950 per year, in a form substantially similar to that presented to City Council on June 20, 2023.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-54 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
37 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7M
Department: Public Works
Prepared By Randy Little, Maintenance Manager
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES AGREEMENT

TO PRIORITY LANDSCAPE SERVICES, LLC FOR LANDSCAPE MAINTENANCE OF CITY PARKS WEST OF INTERSTATE 5, AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE

YEAR AGREEMENT WITH TWO OPTIONAL ONE YEAR EXTENSION FOR A NOT TO EXCEED ANNUAL CONTRACT PRICE OF $602,000, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES Summary:

Before the City Council is approval of a three-year agreement with Priority Landscape Services, LLC of Anaheim for City Park maintenance west of Interstate 5 with an annual cost of $477,000 plus a $125,000 annual contingency for a total three year cost not to exceed $1,806,000. The agreement would also have two optional one year extensions, to be exercised in the City Manager’s discretion.

Background:

The Public Works Department, Maintenance Services Division divided the parks east and west of the Interstate 5 in 2018 due to concerns with available resources to provide timely maintenance coverage of all parks and staffing City sponsored special events by a single contractor. Colt’s Landscape, Inc. currently has four contracts with the City to include maintenance of parks east of I-5, parks west of I-5, beaches, pier and beach accesses as well as streetscapes. The existing landscape maintenance agreement for parks west of I-5 contract expires on June 30, 2023.

Staff advertised request for proposals (RFP) on Planet Bids in May 2023 for these services. Six proposals were received and evaluated by staff following the nine criteria in the RFP. No proposals were received from business located in San Clemente. Colt’s Landscape, Inc. was the apparent low bidder with a proposal for $436,713 annually and $1,685,139, with supplemental services, for the three year contract term. However, Staff believes that the bid is non-responsive and/or the bidder could be non-responsible given the volume of work to be covered. Staff is concerned with the ability of Colt’s Landscape, Inc. to provide timely trash and landscape maintenance throughout the entire City. This was discussed with Colt’s Landscape, Inc., who admitted that they would have to pull from other contract staff to accomplish certain tasks for this contract. This would not be acceptable to the City and produces a non-responsive bid. Colt’s limited resources will impact their ability to perform timely landscape maintenance of all City properties, which also supports a finding of nonresponsibility for this particular contract.

Priority Landscape Services was the second lowest bidder at $477,000 annual base bid and $1,806,000 for the three year contract term and the lowest responsive and responsible bidder.

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$1,806,000 for the three year contract term and the lowest responsive and responsible bidder.

Priority Landscape Services previously held the contract for landscape maintenance of City properties east of the I-5 for five years, ending in June 2022, and performed above the expectations of the contract during that time.

Council Options:
· Adopt Resolution No. 23-55, awarding a Maintenance Services Agreement to Priority Landscape Services, LLC, authorizing the City Manager to execute the agreement and finding the project categorically exempt from CEQA.
· Modify and Adopt Resolution No. 23-55.
· Continue the Item and direct staff to provide additional information. · Do not adopt Resolution No. 23-55 and discontinue maintenance services for parks west of the I-5 as of June 30, 2023.

Fiscal Impact:

Yes. The total three-year agreement cost is not to exceed $1,806,000. The annual not to exceed contract amount of $602,000 is funded from the available fund balance in the Streetscapes Fund (Account 001-635-43425).

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-55, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a Maintenance Services Agreement for Landscape Maintenance of City Properties West of the I-5 to Priority Landscape Services, LLC for a three-year contract term with the option of two additional one-year extensions for a potential total agreement term of five years.

3. Authorize the City Manager to execute a Maintenance Services Agreement with Priority Landscape Services, LLC for a not to exceed annual contract price of $477,000, plus an annual contingency of $125,000, for a total not to exceed annual amount of $602,000 per year for a three-year contract term with the option of two additional one-year extensions to be exercised in the City Manager’s discretion.

Attachment:

1. Maintenance Services Agreement

2. Resolution No. 23-55
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Notification:

All bidders were notified.

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ATTACHMENT 1
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Priority Landscape Services, LLC, a California limited liability company, with its principal place of business at 1524 West Mable Street, Anaheim, CA 92802 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain City Parks/Properties West of I-5 Landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for West of I-5 Landscape maintenance services dated April 17, 2023 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing City Parks/Properties West of I-5 Landscape maintenance 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 it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance of City Parks/Properties West of I-5 (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the City Parks/Properties West of I-5 Landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at the City Manager’s sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 4 55452.01100\31090125.5 2 of 46 06/06/2023
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3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.5 Contractor’s Representative. Contractor hereby designates Alfredo Jose Jimenez, CEO, 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 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, Contractors and other staff at all reasonable times.
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3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 6 55452.01100\31090125.5 4 of 46 06/06/2023
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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 elected 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.

3.2.12 Bonds.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to 7 55452.01100\31090125.5 5 of 46 06/06/2023
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above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13 Water Quality Management and Compliance.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 8 55452.01100\31090125.5 6 of 46 06/06/2023
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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 “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Seventy Seven Thousand Dollars ($477,000.00), plus an annual contingency of One Hundred Twenty-Five Thousand Dollars ($125,000.00) for a total not to exceed amount of Six Hundred Two Thousand Dollars ($602,000.00) annually, which cannot be exceeded 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 invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Priority Landscape Services, LLC
1524 West Mable Street
Anaheim, CA 92802
ATTN: Michael S. Rocha, Regional Manager
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 12 55452.01100\31090125.5 10 of 46 06/06/2023
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization

PRIORITY LANDSCAPE SERVICES, LLC
(“CONTRACTOR”)
Contractor’s License Number__________
By:

Simon C. Rocha, Manager/Member
Dated: ____________________, 2023

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WORKER’S COMPENSATION INSURANCE CERTIFICATION
LANDSCAPE MAINTENANCE OF CITY PARKS/PROPERTIES WEST OF I-5 Project No. __________

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

Carrier___________________________________________________ Policy Number______________________________________________

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

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n

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Dated: ________________________, 2023

PRIORITY LANDSCAPE SERVICES, LLC
Contracting Firm
By: ________________________________
Signature
________________________________
Title
________________________________
Address
________________________________
Address
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EXHIBIT “A”

SCOPE AND SCHEDULE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)

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S P E C I F I C A T I O N S
Landscape Maintenance of City Parks/Properties – West of I-5 For City Parks/Properties Located on Coastal Side of Interstate 5

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF SPECIFICATIONS AND INTENT
The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites including parks and City-owned landscaped areas. This contract is a 7 days per week, 365 days per year contract that requires a supervisor to be on-site during all contract operations.

2. SCOPE OF WORK
A. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein, including but not limited to the following:

1. Weeding and cultivating done mechanically.

2. Mowing, edging, aerifying and fertilizing turf areas.

3. Shrub trimming, pruning and training.

4. Tree pruning and staking.

5. Plant replacement.

6. Irrigation monitoring, programming, system maintenance and repair, City to provide irrigation parts and supplies.

7. General litter control, refuse removal, hardscape cleaning, and grounds policing.

8. Access roadway clearance and visibility maintenance.

9. General drainage structure and system maintenance.

10. Playground area maintenance.

11. Sport court maintenance, and sports field maintenance and renovation.

12. Cleaning of amenities such as picnic tables, playground equipment, benches, trash enclosures, dumpsters and trash receptacles and dumpster enclosures.

B. It shall not be the contractor’s responsibility to maintain or repair:

1. Area lighting systems

2. Fencing

3. Gates

4. Any building located at the specified sites (other than removal of rooftop debris)

5. Any accessory structure (such as trash enclosures, other than cleaning)

6. Parking lots and roadways

7. Vandalism, except to landscape

8. Signage

9. Specific playground safety inspection and repair

10. Utility lines or systems.

11. Restroom Cleaning

12. Infield maintenance.

3. WORKING HOURS
General working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Sunday.
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C. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall be made without permission of the City of San Clemente Maintenance Manager or his or her designee The loss or theft of these keys shall require re-keying of any such facilities at the Contractor’s expense.

B. Any proposal for extra work must be approved by the Maintenance Manager or his or her designee before any extra work is initiated.

C. Once extra work has been approved, said work shall be completed by the Contractor in accordance with the schedule and instructions as specified by the Maintenance Manager or his or her designee.

D. The Maintenance Manager or his or her designee may grant approval for extensions.

E. Costs for extra work must conform to the Unit Costs For Extra Work quoted by Contractor on the bid form included herein.

7. DISPOSAL
A. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses.

B. Contractor may dispose of landscape waste/debris at an appropriate outside facility or in the designated area at the City's Corporate Yard located at 390 Avenida Pico. 19 55452.01100\31090125.5 17 of 46 06/06/2023
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A. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.

2. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates.

B. The total cost of materials shall include the following:

1. Wholesale cost (retail cost minus Contractor’s discount), as stated above.

2. Applicable sales taxes.

3. A markup of 15% maximum for all overhead costs and profits.

1. Contractor shall conform to all City practices and procedures.

2. All City purchases shall be for the sole expressed use of and for the City.

4. The Contractor shall reduce the unit cost for each maintenance task by the City’s actual cost for the materials provided and used.

10. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

C. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a fulltime employee assigned to direct work crews, with authority to authorize work orders, make decisions on behalf of the Contractor, authorize additional work, etc. In no case shall a full-time employee normally assigned to lesser status be provided in lieu of a 20 55452.01100\31090125.5 18 of 46 06/06/2023
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Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Contractor.

F. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

C. Contractor shall promptly report to the City's Maintenance Manager or his or her designee, any needed repairs to irrigation controllers and valves resulting from damage by other than the Contractor’s operation, together with an estimate of costs for correction of the condition, prior to any such repairs. The Maintenance Manager or his or her designee may authorize repair by the Contractor, and the City shall pay the Contractor for this work.

San Clemente City CouncilJune 20, 2023

San Clemente City Council
June 20, 2023