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19-1105_SANDERS PAVING, INC_Amendment No. 1 i AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO • AND SANDERS PAVING,INC. 1. Parties and Date. This Amendment No. 1 to the Personal Services Agreement is made and entered into as of this 5th day of November, 2019, by and among the City of San Juan Capistrano,-a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Sanders Paving, Inc., a California corporation with its principal place of business at 10645 Stanford Avenue, Garden Grove, California 92840. City and Contractor are sometimes individually referred to as"Party" and collectively as"Parties." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled Personal Services Agreement dated December 2, 2014 ("Agreement") for the purpose of retaining the services of Contractor to provide asphalt, crack seal,and seal coat maintenance and repair services. 2.2 Amendment Purpose. The City previously exercised its option to extend_the term of the Agreement for one additional year pursuant to letters dated November 9, 2017 and December 17, 2018. The Parties now desire to amend the Agreement to further extend the term of the Agreement for an additional one-year period beginning January 1, 2020 and ending December 31,2020 and to adjust compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of the Agreement. 3. Terms. 3.1 Renewal Term. The Agreement term under Section 2 of the Agreement, as extended previously, is hereby extended for one (1) additional year commencing on January 1, 2020 and expiring December 31, 2020 ("Third Renewal Term"), unless earlier terminated pursuant to the terms of the Agreement. 1 3.2 Renewal Term Compensation. Compensation for services performed by Contractor under this Agreement during the Third-.Renewal Term shall be at the rates attached hereto as Attachment"A", which are incorporated herein by this reference. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.'s 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration forCtheperformance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. [Signatures on Next Page] 2 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SANDERS PAVING, INC. FOR CITY FOR CONTRACTOR CITY OF SAN JUAN CAPISTRANO SANDER - 'f Approved By: -j pP Signature B gamin I PcIA— ` c s ilA4Atcity Manager Name `N � I NST Fle'S;den+ Date Title Attested By:' (361 -- 0) C) CI iDate M orris, (' Clerk Approved As To Form: City Attorney 3 61147.02100\32327546.2 • � I ATTACHMENT "A" AMENDMENT NO. 1 ASPHALT/CRACK SEAL/SEAL COAT MAINTENANCE AND REPAIR PRICING FY 2019-20, 21 Asphalt Work—Regular Work 2016- Proposed 2019-20 Percent Comments Hours(7:30 AM TO 5:30 PM) current Amendment No. 1 Increase $/S.F. 5/S.F. R&R AC (4"thick) < 100 S.F. 12.55 14.45 15 Industry, Ok R&R AC (4"thick) 101-250 S.F. 7.20 8.50 18 Industry, Ok R&R AC(4"thick) 251-400 S.F. 7.15 8.22 15 Industry, Ok R&R AC(4"thick) >400 S.F. 6.25 7.19 15 Industry, Ok Asphalt Work—Night Work R&R AC(4"thick) < 100 S.F. 16.25 18.69 15 Industry, Ok R&R AC(4"thick) 101 -250 S.F. 10.75 12.36 15 Industry, Ok R&R AC(4"thick) 251 -400 S.F. 8.65 9.95 15 Industry, Ok R&R AC(4"thick) >400 S.F. 7.55 8.69 15 Industry, Ok • Other Crack Seal L.F. 1.02 1.25 28 Industry, Ok Slurry Seal S.F. .47 .52 11 Industry, Ok Regular Work—Hourly Rate Per person, per hour 91.00 104.65 15 Industry, Ok Night Work—Hourly Rate Per person, per hour 136.50 156.98 15 Industry, Ok Emergency Work—Hourly Rate Per person, per hour,first two 112.00 135:00 21 Industry, Ok hours Per person, per hour, each hour 97.00 180.00 86 Accepted after first two hours 4