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.
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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]
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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
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61147.02100\32327546.2
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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
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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
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