Att 5 - Professional Services Agreement with E. Stewart and Associates, Inc. — San Clemente City Council, August 19, 2025

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICE AGREEMENT
Parties and Date.

This Agreement is made and entered into this day of August, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and E. Stewart and Associates, Inc., a California corporation with its principal place of business at 944 Calle Amanecer, Suite M, San Clemente, CA 92673 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." Recitals.

Consultant.

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

Project.

City desires to engage Consultant to render such professional weed abatement consulting services for the administration of the City’s Weed Abatement Program ("Project") as set forth in this Agreement.

TERMS.

Scope of Services and Term.

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

Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2030, or until completed to the City’s satisfaction or earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Responsibilities of Consultant.

Independent Consultant; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely 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. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Edwin W. Stewart, Chief Executive Officer/Chief Financial Officer City's Representative. The City hereby designates Adam Atamian, Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

Consultant's Representative. Consultant hereby designates Edwin W. Stewart, Chief Executive Officer/Chief Financial Officer or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 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.

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

Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, including all work reasonably related thereto, at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Fifty-Six Thousand and Sixty Dollars ($256,060.00) per year without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.

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

Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

Accounting Records.

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

General Provisions.

Termination of Agreement.

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

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

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.

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:

Consultant: E. Stewart and Associates, Inc. 944
Calle Amanacer, Suite M San Clemente, CA 92673 ATTN: Denise N. Stewart, Secretary City: City of San Clemente 910 Calle Negocio
San Clemente, CA 92673
ATTN: Adam Atamian, Community Development Director and Laura Campagnolo, City Clerk 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.

Ownership of Materials and Confidentiality.

Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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.

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.

Indemnification.

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

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

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.

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

Time of Essence. Time is of the essence for each and every provision of this Agreement.

City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

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

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

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.

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

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.

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

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

Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be ensured 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.

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

Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

Subcontracting.

Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
ATTEST:

CITY CLERK of the City of San Clemente, California
APPROVED AS TO FORM:

By: Andy Hall, City Manager
Dated:

Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDING:

Finance Authorization
E. Stewart and Associates, Inc.,
a California corporation
(“CONSULTANT”)
By: ___________________________
Edwin W. Stewart, CEO/CFO
Dated:

By: ___________________________
Denise N. Stewart, Secretary
Dated:

EXHIBIT “A-1”

SCOPE OF SERVICES
Weed Abatement Program Administration Services
Consultant shall perform the following weed abatement program administration services for the City (collectively, the “Services”) to the City’s satisfaction:

The Services consist of the administration of the destruction and/or removal of noxious and dangerous weeds growing upon the streets, or sidewalks or private property and parkways within the corporate limits of the City of San Clemente, which are the responsibility of the private property owners. The Services include the inspection of all parcels identified as vacant or developed but unoccupied that are privately owned. All work is to be completed in a good workman like manner. All work shall be completed as outlined in the contract including all exhibits and appendices.

SPECIFIC WEED ABATEMENT ADMINISTRATION MANAGEMENT REQUIREMENTS

DESCRIPTION OF NOTIFICATION OF PROPERTY OWNERS AND TIMELINES The Consultant shall establish a vacant private-property Master List (Appendix A and B) of properties to be included in the annual Weed Abatement program whose owners will be notified of each years’ deadline to clear their properties of weeds. Using a computer software program such as TRW, GIS, or an approved equal, the Consultant shall generate a list of all vacant property owners in the City and provide this list (both a hard copy and an electronic copy) to the Community Development Director or their designee for submittal to the City Clerk’s office no later than March 1 of each year. City shall transmit the list to the City Council as an attachment to the report requesting a resolution to declare weeds and debris on vacant properties to be a public nuisance.

Consultant shall perform inspections of all properties within the City throughout the month of March. Results will be used by the Consultant to update Master List (Appendix A and B), removing any lots with new development, and adding new lots as necessary.

Consultant shall prepare and send official notices to properties identified on the Master List (Appendix A and B) by April 1st of each year. The master template letter will be provided by the City, with the City bearing the cost of creating all paper, postage, and envelopes. The notice will include the weed abatement deadline date and a telephone number to call with questions or concerns. These letters will notify the property owner of the need for abatement, explain their options, provide a date of compliance, and notify them of a date for a Weed Abatement public hearing to be held at a regular meeting of the City Council. Generally, property owners will be given approximately six (6) weeks to clear their vacant parcels. The Consultant shall provide a certificate of notification, assuring that the mailings to the generated list have been made. The Consultant will answer all calls or questions generated, and provide resolutions for these calls or questions.

The Consultant shall post all parcels in the program and photograph such postings ensuring that the site is clearly visible, the Assessor’s parcel number is included, and a date and time stamp clearly visible. The photographs will include landmarks such as adjacent structures and signage or other easily identifiable objects. These photographs shall be supplied to the City as completed on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City. Copies shall also be supplied to the City at the completion of the program in a book that will include these photos, pre-cut photos, and after cut photos, cut sheets, and the communications log, as well as all other pertinent information regarding the program.

The Consultant shall provide a dedicated post office box for any and all correspondence regarding weed abatement, and which post office box shall be checked at least once weekly. The dedicated P.O. Box number will be provided in the notification letter sent by the Consultant to the properties on the Master List (Appendix A and B). Information returned will be entered into a notification database, and reports will be provided on a weekly basis to the Community Development Director or designee for the duration of each year’s program. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

The Consultant shall also provide a dedicated telephone line, with a voice mail system, or approved equal. The Consultant shall also provide a dedicated electronic mail address. This phone line number and electronic mail address will also be provided in the notification letter sent to properties on the Master List (Appendix A and B). The Consultant shall receive all phone calls and electronic mails regarding Weed Abatement, promptly reply and supply information, update the notification database, answer questions about weed abatement and make every reasonable attempt to resolve disputes. All phone calls and electronic mails will be logged into an appropriate database, approved by the City, along with a short synopsis of their resolution and an identification number, and this information provided to the City on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

The Consultant shall research all returned notification letters. The Consultant will document all reasonable attempts to notify these property owners by additional mailings or by telephone of the need for abatement. Failing to contact the owner by these means will necessitate documenting these attempts and notification of these actions to the Community Development Director or designee.

If property owners contact the Consultant requesting extensions, this information will be forwarded to the City for action. Any extensions granted must first be approved by the City.

Following the deadline set by the City Council, the Consultant shall inspect all parcels on the Master List (Appendix A and B) and determine the need for abatement. The individual(s) doing said inspection shall have appropriate fire protection background and be approved by the Community Development Director or designee. The Consultant shall be supplied with property lists detailing the locations to be cleared. Consultant shall determine whether certain parcels present greater fire hazard danger than others, and schedule the parcels for clearing accordingly, clearing of parcels shall be conducted as described in Exhibit “A-2”. Consultant shall consider adjacent structures, type of roofing of adjacent structures, etc., in determining the scheduling of parcel clearing. All parcels requiring abatement by the Consultant will be photographed again to document the need for abatement.

Following the clearing of parcels by the Consultant, the Consultant shall inspect all lots for clearing to applicable standards, and photograph said parcels in a manner that the site is clearly visible. These photographs shall be supplied to the City at the completion of the program in a book that will include these photos, cut sheets, and the communications log, as well as all other pertinent information regarding the program.

The Consultant shall review all billings prior to submittal to the City for payment. Any changes necessary will be directed to the Consultant for the appropriate action.

DESCRIPTION OF BILLING PROCEDURE
After all lots have been cleared, and billing from the Consultant has been received, the Consultant shall assist the City in compiling all administrative costs. The Consultant shall then prepare all billing to be mailed. A copy of all parcels to be billed, and the names and mailing addresses of the owners, will be provided (both a hard copy and an electronic copy) to the Community Development Director or designee. Pertinent details including the Consultant’s cost to the City will be included with the billing. The billing will also note the administrative cost per lot. Invoice numbers shall be the same as the parcel number being billed.

After a report requesting the ability to bill for the Weed Abatement program and confirmation of charges has been delivered to the City Council, and this request granted by the City Council, the Consultant shall mail the first billing. All costs associated with this mailing (postage, envelopes, return envelopes, etc.) shall be the Consultant’s costs. All payments received in response to the billing shall be directed to the City of San Clemente Finance Division. The billing must occur as soon as possible, within thirty days following the clearing and billing by the Consultant of the last lot in the program, and within five days following City Council approval of billing. The format for the invoice shall be first approved by the Community Development Director or designee. Return envelopes shall be provided by the Consultant with the billings, which shall be first approved by the Community Development Director or designee.

The Consultant shall receive all phone calls regarding Weed Abatement billing, supply information, up-date the notification database, answer questions about Weed Abatement billing and make every reasonable attempt to resolve disputes. All phone calls will be logged into an appropriate database, approved by the City, along with a short synopsis of their resolution and an identification number and this information shall be provided in a report to the City on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

PREPARATION OF WEED ABATEMENT DOCUMENTS
The Consultant shall provide a final report to the City summarizing the process, and noting any suggested improvements or changes.

Within fifteen (15) days after the approved billings have been mailed, the Consultant shall provide the Community Development Director or designee with a copy of the book that includes the posting photos, the inspection photos, the Weed Abatement Clearing Consultant’s cut sheets, and the communications log, as well as all other pertinent information regarding the program. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

Sixty (60) days following the mailing of billings, the Consultant will review information provided by the City showing which parcels have paid the appropriate charges. The Consultant shall identify any problems with the information. Sixty (60) days following the mailing of billings, the program shall be considered closed. The Consultant shall update all submissions to the book and be paid to the extent of the work performed.

EXHIBIT "A-2"

SCOPE OF SERVICES
Weed Abatement Program Fire Hazard/Vegetation Management Services Consultant shall perform the following weed abatement program fire hazard and vegetation management services for the City (collectively, the “Services”) to the City’s satisfaction:

GENERAL WEED ABATEMENT REQUIREMENTS
Consultant shall destroy and/or remove weeds (as defined below) growing upon: (1) all undeveloped City-owned lots, as identified in whole or in part in Appendix A; (2) reservoir, well and pumping station sites, as specified in Appendix B; (3) areas of City-owned property identified on an annual basis for defensible space clearing to protect adjacent privately-owned structures, as identified in Appendix C; and (4) any private lots not cleared by the property owner prior to the City’s formal deadline within the corporate limits of the City, and (5) the performance of all necessary clean up to complete work in a good workmanlike manner for abatement of weeds. Consultant shall conduct said work as required by this contract including all exhibits and appendices. “Weeds,” as used in this Agreement, includes any of the following:

Weeds which bear seeds of a downy or wingy nature.

Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property.

Weeds which are otherwise noxious or dangerous.

Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

Prior to the commencing of work on any lot, the Consultant shall remove and dispose of all litter and debris, as required.

Items the Consultant shall be responsible for the removal and disposal of, besides Weeds, include trash, tree and vegetation cuttings, dead brush and dead trees under eight (8) feet in height, fronds, lumber and building materials, furniture, mattresses, rugs, inoperable household appliances, disused plumbing fixtures, and motor vehicle parts. Contract shall also clean vee ditches.

Consultant’s responsibility shall not include abandoned or inoperable intact motor vehicles.

The Consultant will clean sidewalks, gutters, curbs, roadways, and any other areas affected by weed abatement operations.

Consultant shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with sound muffling devices, and operated in a manner to cause the least noise consistent with the efficient performance of the work. The use of gas leaf blowers is prohibited pursuant to San Clemente Municipal Code Section 8.50.050. The use of electric leaf blowers shall be in accordance with San Clemente Municipal Code Section 8.50.060.

SPECIFIC WEED ABATEMENT REQUIREMENTS

DESCRIPTION OF MECHANICAL MOWING
Consultant shall destroy weeds growing upon certain lots and adjacent parkways designated by the Community Development Director or designee using a mechanical mower.

All cuttings resulting from mowing shall be raked and disposed of and the grounds left in a clean and presentable condition satisfactory to the Community Development Director or Designee. No weed stubble over one inch in height shall remain on the grounds.

DESCRIPTION OF HAND WORK
Consultant shall destroy weeds growing upon certain lots and parkways to be designated by the Community Development Director or designee that require at least 75% hand scything or hoeing (weed whipping) due to trees, sloped landscaping, sidewalks, foundations, stored materials or other obstructions that prevent mechanical mowing. All cuttings resulting from hand cleaning shall be raked and properly disposed of as the work progresses and the grounds left in a neat and presentable condition satisfactory to the Community Development Director or designee. Lots to be cleaned under Hand Work must be approved by the Community Development Director or designee prior to Consultant performing the work.

DESCRIPTION OF CLEANUP
The Consultant shall clean sidewalks, gutters, curbs, roadways, and any other areas littered or soiled by weed abatement operations. All cleanup work shall be done immediately following any mechanical mowing or hand work. Consultant shall not leave debris on or near the site of any mechanical mowing or hand work.

All landscape debris shall be disposed of though a landscape material recycling center or reused in some manner. Landscape debris shall not be disposed of in a landfill without prior written approval from the Community Development Director or designee. The Consultant shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses The City shall in no way be responsible for the disposal of these materials. Consultant shall pay all disposal fees.

Consultant shall remove all weed debris from all lots smaller than ten thousand (10,000) square feet. Consultant shall further remove a and dispose of all weed debris from all lots larger than ten thousand (10,000) square feet located adjacent to properties with structures. Consultant shall remove and dispose of have all weed debris from within fifty (50) feet of the property line of the abated property and/or to meet Orange County Fire Authority Defensible Space Requirements.

In areas of lots larger than ten thousand (10,000) square feet where weed debris is allowed to remain, Consultant shall spread weed debris evenly. The overall height of all remaining debris can be no greater than three inches.

LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest professional management standards, as described in this contracted included in all exhibits and appendices. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper administration. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold and deduct appropriate payment from the Consultant until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Consultant and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment shall be deducted for work not performed. Payment shall NOT resume until such time as the work is performed to City standard, nor shall reimbursement for prior inadequate work be given.

The Consultant shall correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period, and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.

SUPERVISION OF CONTRACT
All Consultant’s work shall be completed to meet the approval of the City‘s Community Development Director. If desired by the City, weekly meetings shall be scheduled between the Consultant and the Community Development Director or designee to determine progress and to establish areas needing attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Consultant in writing and if not corrected, payment to the Consultant shall not be made until condition is corrected in a satisfactory manner as set forth in the specifications.

SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of the Services to be performed under this Agreement. 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 the Services shall be performed by the Consultant as described in the specifications.

PROVISIONS FOR EXTRAS
No new work of any kind shall be considered extra work unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Consultant shall be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions.

Proposals for extra work shall include whether current contractual staffing is proposed to do the extra work, or whether additional forces shall be used.

Once extra work has been assigned to the Consultant, with a mutually agreed deadline for completion, a two hundred fifty dollar ($250.00) per day deduction shall be made for each day this work extends past the agreed deadline. The Community Development Director, or their authorized agent, may grant approval for extensions.

STREET CLOSURES, DETOURS, BARRICADES
Consultant shall install and display warning signs, lights, and devices in conformity with the "Manual of Warning Signs, Lights and Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff.

If the Consultant fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Consultant, and deduct the same from the next payment.

During the progress of the Services, adequate provisions shall be made by the Consultant to accommodate the normal traffic over the public streets and cause minimum inconvenience to the general public. Means of ingress and egress shall be provided for occupants of adjacent property, with convenient access to driveways, housing, or buildings.

The Consultant shall provide and maintain barriers, guards and lights when and where it may be necessary to do so in order to effectively guard the public from danger as a result of the work being done. Consultant shall also post proper notices and signals to the public regarding detours and the work under construction in accordance with applicable provisions of the California Vehicle Code.

Consultant shall provide official "NO PARKING" signs and post no-parking signs on affected streets. In order for signs to be enforced by the City of San Clemente Police Services, Consultant shall post signs 24 hours in advance of work being commenced and checked by the San Clemente Police Services Watch Commander.

Consultant shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Consultant shall provide continuous and unobstructed Access to these facilities unless otherwise approved by the Community Development Director or designee.

The Consultant shall maintain and provide safe and adequate pedestrian zones, public transportation stops and pedestrian crossings at intervals not exceeding 300 feet unless otherwise approved by the Community Development Director or designee.

Consultant shall maintain vehicular access to residential driveways to the property line except when necessary construction precludes such access for reasonable periods of time.

The Consultant shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.

DISPOSAL
Consultant shall dispose of any and all material used for the abatement of weeds in a safe and legal manner.

RECORDS
The Consultant shall keep accurate records concerning all of his employees or agents and provide the City within fifteen (15) days of the effective date of this Agreement with names, addresses, and telephone numbers of employees to be called in emergency. Any changes in the work force that impact this report shall be addressed to the City immediately.

The Consultant shall complete a monthly report indicating Services performed and submit this completed report monthly to the Community Development Director or designee. This report will be due the first weekly meeting of the month. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City. This report should also contain a description, including per hour labor, equipment, and materials breakdown and costs used to accomplish any additional work, which the Consultant deems to be beyond the scope of the Agreement. Under ordinary conditions, payment for extra work shall not be authorized unless the additional work, and costs thereof, is first approved in writing by the City. Irrigation programming schedules shall be submitted. This report shall be due no later than five (5) working days preceding the beginning of each month.

Consultant shall submit a monthly communications log of all calls, emails or other similar communications from the City to the Consultant, whether or not those communications require a request for service, and a description of the action taken. This report shall be due no later than five (5) working days following the end of each month.

The Consultant shall, within fifteen (15) days of the effective date of this Agreement, prepare and submit a written calendar to the Community Development Director or designee. This calendar shall clearly indicate all of the major tasks required by this Agreement and the dates they are scheduled to be performed. If it is necessary to make periodic revisions to this schedule, a modified calendar must be submitted to the Community Development Director or designee for approval prior to the date the changes are to take effect. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

The Consultant shall permit the City to inspect and audit its books and records at any reasonable times.

All reports shall be due as listed. A fifty dollar ($50.00) per day deduction shall be made for each day any report submittal is late to the City. Deductions shall be reflected in the next monthly billing. Invoices failing to note incurred deductions shall not be paid.

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

SPECIALTY OPERATIONS
Not applicable.

CITY BUSINESS LICENSE
Consultant and all sub-Consultants must obtain and maintain in effect a valid City of San Clemente Business License prior to commencement of Services, and during the entire time that Services are being performed under the Agreement. (Questions should be addressed to the Business License Division at (949) 361-6166.)

CONSULTANTS OFFICE
Consultant shall maintain an office within a one-hour response time of the City and provide phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Consultant by radio, cell phone, or similar communication device, unless the Consultant can be directly reached during these times by cell phone. This system shall allow forwarding of complaints and requests for service directly from the City. The Consultant shall provide and maintain a viable email address throughout the term of the Agreement.

EXAMINATION OF SITE AND WORK
City makes no representation about the order or condition of the work area, nor does the City warrant that the work area shall be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the Agreement. Consultant shall examine the location, physical conditions and surroundings before performing the work. By entering into the Agreement, Consultant shall be deemed to have agreed to accept the condition of the work area in its current condition.

QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Consultant shall be high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the Best Management Practices. Both materials and workmanship shall be subject to the approval of the Community Development Director or designee. All materials used shall be approved in advance by the Community Development Director or designee.

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

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

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

The total cost of materials shall include the following:

Wholesale cost (retail cost minus Consultant’s discount) – as stated above.

Applicable sales taxes.

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

The City reserves the right to purchase materials directly and make available to the Consultant, or to provide a local vendor from whom the Consultant can make appropriate purchases charged directly to a City purchase order. In the event the City exercises the option to purchase the materials, the following conditions shall apply:

Consultant shall conform to all City practices and procedures.

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

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

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

WORKMANSHIP AND SUPERVISION
The Consultant shall provide a work force sufficient to complete the Services.

The Services shall be performed by competent and experienced workers.

Consultant’s work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications in this Agreement. Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a full-time employee assigned to direct work crews, with authority to authorize work orders, make decisions in behalf of the Consultant, 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 Consultant.

All Consultant personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Community Development Director or designee. All personnel shall wear identification badges or patches.

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

REPAIRING INJURED WORK
The Consultant shall report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by the Consultant.

EQUIPMENT
All vehicles and equipment used in conjunction with the Services shall be maintained in neat, clean, and orderly manner and shall be in good working order. Equipment should be clearly marked with the Consultant’s company name, and identification number or code. The Community Development Director or 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.

SAFETY REQUIREMENT
All work performed under this Agreement 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 Community Development Director or designee reserves the right to issue restraint or cease-and-desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services under this Agreement.

The Consultant shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Consultant, which is not a result of Consultant’s operations, shall be immediately reported to the Community Development Director or designee.

Consultant shall not permit access into any City of San Clemente or other private structures by any unauthorized persons.

CLAIMS BY CONSULTANT’S EMPLOYEES
The Consultant shall hold harmless the City and all of its agents, employees and officers from any and all damages or claims, of any kind or nature, that may be made or may arise directly or indirectly from the performance of duties by the Consultant.

LIABILITY FOR DAMAGES
The Consultant shall be fully responsible for any and all damage done to City or private property, equipment, or other property of the public or private premises that result from the Consultant’s Services under this Agreement.

The Consultant may ensure the equipment, materials and work to cover Consultant’s interest in the same. The City shall not, under any circumstance, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed by Consultant in fully completing the Services under the Agreement.

Any keys to City facilities are the sole responsibility of the Consultant. No copies shall be made without City’s written permission, and the loss or theft of these keys shall require re-keying of any such facilities fully at the Consultant’s expense.

PERFORMANCE DURING INCLEMENT WEATHER
The Consultant shall immediately notify the Community Development Director or designee before the work force is removed from the jobsite due to inclement weather, or for any other reasons. During the periods when inclement weather hinders normal operations, the Consultant shall adjust the work force in order to accomplish those Services that are not affected by weather.

Failure to adjust the work force to show good progress on the Services shall result in deduction of payments to reflect only the Services actually accomplished.

The Consultant shall immediately notify the Community Development Director, or their authorized agent, when the work force has been removed from the jobsite due to inclement weather, or other reasons.

UNDERGROUND EXCAVATIONS
Consultant shall be responsible for locating all underground utility lines to ensure the safety of Consultant’s work crew and to protect in place existing utility equipment before commencing any excavation. Consultant shall contact the City and Underground Service Alert (800-422-4133) before commencing any excavation to locate underground service lines.

SAN REGULATORY STANDARDS
The City is governed by water quality standards set in place by the San Diego Regional Water Quality Control Board.

Consultant shall ensure that under no circumstances shall debris be swept, blown, or washed into streets or parking lots during performance of the Services in a manner that could place this debris into storm drains.

Consultant’s use of mechanized blowers will be done professionally and to the minimum extent necessary. City shall have the option to ban the use of mechanized blowers by the Consultant under this Agreement if the Consultant fails to use mechanized blowers properly. No financial consideration will be provided should the City ban Consultant from using mechanized blowers.

Consultant shall control all dust using best management practices as required by the San Diego Regional Water Quality Control Board and/or the San Diego County Air Pollution Control District.

Consultant shall ensure that any drainage from washing of hardscape is drained into adjacent landscaping and in no circumstances be washed onto streets or parking lots.

The City may enforce violation of these items, including with appropriate fines and penalties.

EXHIBIT “B”

SCHEDULE OF SERVICES
Contactor shall furnish the Community Development Director or designee with weekly status reports, in writing, on the work completed during the week and to date. Services on one hundred percent (100%) of all lots identified on the Master List (Appendix A and B) must be completed by July 1 (of each weed abatement program year) and approved by the Community Development Director or designee. The schedule for completion of lot clearing shall be as follows:

May 15 100% completion City-owned vacant parcels
June 1 25% completion of private parcels
June 15 50% completion of private parcels
June 20 75% completion of private parcels
July 1 100% completion of private parcels
Initial areas of clearing of lots on or before May 15 will be directed by the Community Development Director or designee for all City-owned properties on the Master List (Appendix A and B). Priorities of location of clearing may be established by the Community Development Director or designee.

WEEKLY SCHEDULE
Weekly schedule forms shall be provided by the Consultant indicating the major Services to be performed in accordance with the Agreement and delineating the time frames for accomplishment by day of week and by morning and afternoon.

The Consultant shall complete the schedule for each item of work and each area of work.

The initial schedule shall be submitted one week prior to the effective date of the Agreement. Thereafter, it shall be submitted weekly on Thursday mornings.

Changes to the schedule must be received by the Community Development Director or designee at least 24 hours prior to the scheduled time for the work.

Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week.

The Consultant shall adjust schedules to avoid performing Services on City holidays.

PERFORMANCE ON SCHEDULE
All work shall be completed on the day scheduled as shown on the weekly schedule.

WORKING HOURS
General working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Friday. Weekend or City holiday work is only to be scheduled with prior written permission from the City, or in emergency situations as directed by the City.

EXHIBIT “C”

INSURANCE REQUIREMENTS
Insurance.

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

Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one ensured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.

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.

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.

Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

Cyber Liability Insurance with limits not less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

Commercial General Liability:

Additional Ensured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Ensured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

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.

Automobile Liability:

Professional Liability (Errors & Omissions):

Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the ensured and include a provision establishing the insurer’s duty to defend.

Workers' Compensation:

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.

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

Deductibles and Self-Ensured Retentions. Any deductible or self- ensured 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-ensured retention.

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

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

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.

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

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

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

EXHIBIT “D”

COMPENSATION
In full compensation for the Services provided under the Agreement, the City shall pay the Consultant for actual work performed. The total compensation under the Agreement shall not exceed $256,060.00. There are no reimbursable expenses under this Agreement.

City of San Clemente
2025 Weed Abatement Contract Services Fee Schedule
Fee
Description of Task
Total Per Year
$250.00 Per Lot
MOWING: Abate lots LESS THAN one acre.
$2,500.00
$250.00 Per Acre
MOWING: Abate lots MORE THAN one acre.
$3,000.00
$75.00 Per Yard
Remove rubbish, including disposal.
$3,500.00
$35.00 Per Hour, Per Man
Cost to abate 24 City Reservoirs, Pumping Stations, as described in Appendix B. $36,400.00
$35.00 Per Hour, Per Man
Cost to Abate 62 City Properties, as described in Appendix A. $96,600.00
$35.00 Per Hour, Per Man
Cost to Abate non-compliant privately owned properties. $18,060.00
$70.00 {2
Person Staff at
$35.00 Per Person, Per Hour
All Administrative tasks pursuant to the contract requirements. $21,000.00
$35.00 Per
Hour, Per Man
OCFA-recommended defensible space clearing on City owned properties as described in Appendix C $75,000.00
Cost to respond to requests by the City to provide accelerated services.

0.00 TOTAL LUMP SUM:
$256,060.00
*Consultant crews are required to be fully trained regarding the location of all properties and the weed abatement requirements set forth by the City of San Clemente.

The Consultant shall report their charges as follows:

M – Mowing
HW – Handwork
R – Rubbish Removal
EM – Extension Mowing
The above designations shall appear on the Consultant’s worksheets and final billing, indicating the type of work and the changes proposed to be assessed on each parcel.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA. In the event that the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA (CPI-U), as published by the U.S. Bureau of Labor Statistics, is discontinued or no longer available, the City will identify, in its sole discretion, a comparable substitute index to the CPI-U that most closely reflects the changes in the cost of living for the region.

WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated:

By:

Edwin W. Stewart
CEO and CFO
944 Calle Amanacer, Suite M San Clemente, CA 92673
APPENDIX A – MASTER CITY VACANT PARCELS LIST

CITY OF SAN CLEMENTE
City Properties
APN
Location
057-052-00
Sierra Street
057-052-10
El Oriente Canyon
057-053-40
Caballeros Easement
057-061-00
La Questa Easement
057-070-00
Patero De Oro Alley
057-081-00
Patero De Oro Easement
058-133-00
Puente Drain Easement
060-010-00
Shooting Range Knoll
060-010-40
Calle Bahia
060-065-00
Magdalena
060-083-00
Pendleton Line
060-142-00
Calle Bahia Drain Easement
060-172-00
Del Presidente/Mendocino Easement
060-183-00
Del Presidente/West Magdalena
675-321-00
Andalucia Fire Break
678-161-04
Avenida La Pata (behind Target)
678-162-01
Avenida La Pata
678-163-01
La Pata/Vista Hermosa corner lot,
fire dept slopes and mowing.
678-165-01
La Pata
679-152-03
Camino Vera Cruz
679-161-31
Vista Hermosa/Turqueza
680-581-01
Los Mares Drain Easement
688-101-00
Presidio Canyon
690-012-00,01,02
City Hall Lots
690-031-32 &
Avenida Cordoba Easement
690-085-14
Avenida Cordoba Easement
690-111-06
Calle Dorado Slope
690-111-07
Calle Dorado Slope
690-152-00
Pres. Heights easement - Adobe St.
690-241-01
(City Owned) Inland Acapulco Canyon
690-260-02
San Pablo Easement - Upper
690-260-03
San Pablo Easement - Lower
690-260-04
San Pablo Canyon
690-260-05
San Pablo Canyon
APPENDIX A – MASTER CITY VACANT PARCELS LIST
690-260-06,07
Acapulco Park Site
690-282-36
Empalme Easement
690-411-00
Alcazar
690-412-00
Avenida Verde Drain Easement
690-552-06
Calle Extremo area
690-552-06
Avenida La Pata area
690-552-06
Lot next to skate park
690-661-09
C.A.R.E.S.
690-661-20
C.A.R.E.S.
691-211-00
Calle Vista Torito
691-211-02
Calle Vista Torito
691-253-01
Calle Montecito
691-253-02
Calle Montecito
691-311-00
Camino San Clemente (oleander bushes)
691-322-01
Calle Grande Vista
692-011-00
Linda Lane Easement
692-092-00
La Paloma/Mariposa Easement
692-102-24
De La Estrella Canyon
692-212-20
(City Owned) Antonio Coastal Canyon
692-252-00
Trafalgar Canyon
692-252-22
Trafalgar Lane
692-401-00
Alley de la Estrella (behind Volare hotel)
692-411-00
Cadiz Easement
701-361-02
Avenida La Pata
701-361-17
Avenida La Pata
APPENDIX B – MASTER CITY FACILITIES/PUMP STATION/RESERVOIR SITES APN_12
SITUS
OWNER
PUMP_ST

RESERVOIR
675-170-27
9 VIA FLORITAS

SEA POINTE ESTATES HOMEOWNERS
RESERVOIR #10 SEA POINTE
675-102-29
722 CALLE LOS OLIVOS

HILLS, OCEAN ASSN

AGUA PUMP STATION
679-242-05
4161 COSTERO RISCO

CITY OF SAN CLEMENTE
RESERVOIR #14 COSTERO RISCO
675-321-03
3895 CALLE ANDALUCIA

CITY OF SAN CLEMENTE
RESERVOIR #6 ANDALUCIA
680-242-01
2948 VIA BLANCO

THE THOMAS W LOREN & TEDDI JO

BLANCO PUMP STATION
679-242-06
4159 COSTERO RISCO

LAING FORSTER RANCH II LLC
RESERVOIR #9 COSTERO RISCO
675-223-18
612 CALLE REAL

PRITCHARD, GARY M

CALLE REAL PUMP STATION
679-171-06
2166 CAMINO LAUREL

CITY OF SAN CLEMENTE

HERMOSA PUMP STATION
680-521-04
3017 EMINENCIA DEL NORTE

CITY OF SAN CLEMENTE

DEL NORTE PUMP STATION
RESERVOIR #13 DEL NORTE
680-161-08
618 CALLE REATA

COAST, HOMEOWNERS ASSN

REATA PUMP STATION
RESERVOIR #7 REATA
057-053-41
102 AVENIDA CABALLEROS

CITY OF SAN CLEMENTE

PALIZADA PUMP STATION
057-053-40
102 AVENIDA CABALLEROS

ANTHONY, CHRISTIE

PALIZADA PUMP STATION
688-022-01
1000 AVENIDA PICO

CITY OF SAN CLEMENTE

PICO PUMP STATION
057-072-27
208 EL LEVANTE

CITY OF SAN CLEMENTE

EL LEVANTE PUMP STATION
RESERVOIR #3 EL LEVANTE
690-502-12
769 AVENIDA SALVADOR

RANCHO SAN CLEMENTE COMMUNITY
RESERVOIR #5A SALVADOR
690-502-16
721 AVENIDA SALVADOR

CITY OF SAN CLEMENTE CITYHALL
RESERVOIR #5 SALVADOR
688-071-02
200 CALLE CORDILLERA

CITY OF SAN CLEMENTE

CORDILLERA PUMP STATION
RESERVOIR #11 CORDILLERA
057-232-10
419 AVENIDA SALVADOR

CITY OF SAN CLEMENTE

SALVADOR PUMP STATION
RESERVOIR #4 SALVADOR
690-392-08
602 VIA PROMONTORIO

CITY OF SAN CLEMENTE

ACAPULCO PUMP STATION
RESERVOIR #8 ACAPULCO
690-260-02
609 AVENIDA SAN PABLO

CITY OF SAN CLEMENTE

SCHLEGEL PUMP STATION

RESERVOIR SCHLEGEL
690-531-10
62-1/2 VIA SANTA MARIA

CITY OF SAN CLEMENTE

SANTA MARIA PUMP STATION
RESERVOIR #12 SANTA MARIA
690-012-05
170 AVENIDA PRESIDIO
SAN CLEMENTE 26 LLC

PRESIDIO PUMP STATION
060-010-38
404 CALLE BAHIA

CITY OF SAN CLEMENTE

BAHIA PUMP STATION
060-083-87
404 CALLE BAHIA

CITY OF SAN CLEMENTE
RESERVOIR #1 BAHIA

APPENDIX C - DEFENSIBLE SPACE AREA

APPENDIX C - DEFENSIBLE SPACE AREA
4915-9047-3560 v2
Attachment 5

San Clemente City CouncilAugust 19, 2025

San Clemente City Council
August 19, 2025