San Clemente City Council
June 20, 2023

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 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. 55452.01100\31090125.5 2 of 42 06/06/2023
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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 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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3.2.7 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

3.2.10.1 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 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.

3.2.11 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 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 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.

3.2.12.4 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.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5 6 of 42 06/06/2023
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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 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.

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.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.4 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.

3.5.1.3 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 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.

3.5.3 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.

3.5.7 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 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.

3.5.15 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. 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 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.

3.5.20 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.

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]

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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

LANDSCAPE MAINTENANCE OF CITY WATER FACILITIES
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.

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.

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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 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.

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 re-keying 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. 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. 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 55452.01100\31090125.5 18 of 42 06/06/2023
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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.

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.

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 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.

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.

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.

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.

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.

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. 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. 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

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. 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. 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.

C. All pruning shall be done with clean, sharp tools appropriate for the intended work. 55452.01100\31090125.5 24 of 42 06/06/2023
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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. 55452.01100\31090125.5 27 of 42 06/06/2023
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EXHIBIT “B”

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

1.1.2 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. (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.

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. 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.

1.1.4 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 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. 55452.01100\31090125.5 33 of 42 06/06/2023
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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.

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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:

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.

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.

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.

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

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) ___________________________________________ 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.

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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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 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.

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

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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 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.