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19-1203_ROSE PAVING LLC_F17_Agenda Report12t3t2019 F17 TO: FROM SUBMITTED BY DATE City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council %n¡^ in Siegel, City Manager Thomas Toman, Public Works OueAorf PREPARED BY: Jill Thomas, Senior Management Ana December 3,2019 SUBJECT:Consent to Assignment Agreement between the City, Sanders Paving, lnc., and Rose Paving, LLC for Asphalt Crack Seal, Seal Coat, Maintenance and Repairs Services RECOMMENDAÏION: Approve and authorize the City Manager to execute the attached Consent to Assignment Agreement between the City, Rose Paving, LLC, and Sanders Paving, lnc, for asphalt crack seal, seal coat, maintenance and repair services. DISCUSSION/ANALYSIS: Since January 1,2015, the City has contracted with Sanders Paving, lnc. (Sanders), for asphalt crack seal, seal coat, maintenance and repair services throughout the city. On November 1, 2019, Rose Paving, LLC (Rose), purchased all assets and contracts of Sanders (Attachment 1). On November 2,2019, Sanders officially transitioned all administrative and field operations to Rose, with all personnel and levels of service remaining the same under the existing agreement with the City. A copy of the Personal Services Agreement between the City and Sanders is included as Attachment 2. Pursuant to Section 5 of the Agreement, "Limitations upon Subcontracting and Assignment," the Assignment shall not be operative except upon the written consent of the City, and any attempted assignment without such consent shall be invalid and void. In accordance with that provision of the Agreement, both Sanders and Rose wish to obtain the City's consent to the assignment. Staff and the City Attorney have prepared the attached Consent to Assignment Agreement (Attachment 3) between the parties. Staff recommends that the City Council approve and authorize the City Manager to execute the Consent to Assignment Agreement between the City, Rose, and Sanders. City Council Agenda Report December 3,2019 Paoe 2 of 2 FISCAL IMPACT: The recommended action would have no fiscal impact. ENVIRONMENTAL IMPACT: Not applicable. R a a ITY UNC On October 15,2019, the City Council approved Amendment No. 1 to the Personal Services Agreement with Sanders Paving, Inc. which extended the Agreement until December 31, 2020. On December 2,2014, the City Council approved a Personal Services Agreement with Sanders Paving, lnc. to perform asphalt crack seal, seal coat, maintenance, and repair services for three-year period commencing on January 1, 2015, with three optional one-year extensions based on staff review of satisfactory contractor performance. COMM I SSION/COMM ITTEE/BOARD REVI EW AN D RECOMM EN DATIONS: This item does not require commission, committee, or board review. N IFICATI Rose Paving, LLC Sanders Paving, Inc ATTACHMENTS: Attachment 1: Acquisition Letter from Rose Paving, LLC Attachment2: 2014 Personal Services Agreement with Sanders Paving Attachment 3: Proposed Consent to Assignment Agreement PAV'NGi LLC. Novernber 6,2019 Thomas Toman Assistant Publio V/orks Díreotor City of San Juan Capistrano 3240t Paseo Adelanto San Juan Capistano, C^92675 Dear Mr. Toman, Effective November l,z0lg,Rose Paving LLC acquired the assets of Sanders Paving, Inc. As part of this tansaction, I am writing to formally requestthat the City of San Juan Capistrano approve a Consent to Assignment Agreement es to any and all agreçme,nls in force between Sanders and the Crty as of the date of thís transaction. While owners Pat and Michelle Sanders will be exiting the business at year's end, Rose Paving has retained all other employees of Sanders Paving. Founded n 1974 in Chicago, Rose Paving currently operates nationwide with more tl?an 400 ernployees,. In addition to the fomrer Sanders location in Garden Grove, we operate from a facility in Santa Fs Springs, Our Califomia confactor's license number is 1030482. Sincerel¡/rz Edward Campbell PresidenUCEO Rose Paving LLC i:lûU l'V. l0Uth Pläce Hridgr.rvi¡ru¡, lt 6fJ455 BllB,773.n0SI tau lt,:.,: 70¡]'430'l lttb tot 70ti'43f1.$100 t-^ ATTACHMENT 1, PAGE 1 OF 1 PERSONAL SËRVICËS AGREEMENT ,'' þT,*-; r JHIS AGRËËMENT is made, entered into, and shall become effectíve this 'i--'- day of .\i1.{, , 2A14, by and between the City of City of $an Juan Capistrano (hereinafter referred to as the "City") and Sanders Paving, lnc., (hereinafter referred to as the "Contractor"). RËÇrfAL_S: WHÊREAS, City desires to retaÍn the services of Contractor regarding the City's proposal to provide asphalt, crack seal, and seal coat maintenance and repair services; and WI-IEREAS, Contractor is quafified by virtue of experlence, training, edr,¡catíon and expertise to accomplish such services. NOW, THERËFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreernent, the provisionç in this Agreement shall control- Qeçtion 2-. Terrn This Agreement shall commence on January 1,2415 and continue for a three year period of time with the option of three (3i one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance and at the discretion of the City Manager. The Agreement will terminate on December 31,2017, unless extended as provided herein. Section 3 csmppnsefipn. Amount.3.1 Total compensation for the services hereunder shall not exceed the totaf amount in the City's adopted fiscal year operating and capital improvement budget for asphalt maintenance and repair services, payable at the rates as set forth in Ëxhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor, The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equalto the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorízation to prCIceed, 1 ATTACHMENT 2, PAGE 1 OF 35 3.2 Method of Payment. Subject to Section 3,1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Section 4.lndependent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtaín no rights to any benefits which accrue to City's employees. Section þ, f"iqitations Upqn.-$ubcontracting and Assiqnment The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement, Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. lf Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shafl create any contractual relationships between any subcontractor and City. All persons engaged in the work wíll be considered employees of Contractor City will deal directly with and will make all payments to Contractor, 6 Çhangqg to Scope of Work. For extra work not part of this Agreement, a written authorizatíon from City is required prior to Contractor undertaking any extra work. ln the event of a change in the Scope of Work provided for in the contract documents as requested bythe City, the Parlies hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. $p,pj¡qq T. Familiaritv with Work and/or Construction,gite By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed, (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown condítions materÍally differing frorn those inherent in the work or as represented by City, it shall immediately inform the City of ihis and shall not proceed with further work under this Agreement untilwrítten instructions are received from the City, 2 ATTACHMENT 2, PAGE 2 OF 35 $,pç"tion 8. Time of HSseTrçe Tirne is of the e$sence in the performance of this Agreement. Sectig! 9. Gompliance with L?W Contractor shalI comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. $ep_tion .:l 0. Confliç"ts of lntere.gt. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11.IRESERVËÞI. Section 12. IRESERVEDI Section 13. lndemnitv To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointÍve boards, officers, agents, and employees from any and all claims, liabilities, expense$, or darnages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way cCInnected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. lnsurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shallcarry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified befow with insurers and under forms of insurance satisfactory in all respects to 3 ATTACHMENT 2, PAGE 3 OF 35 the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. lnsurance required herein shall be provided by Admitted lnsurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class Vll or better. 14.1 Comprehensive General Liability Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General LiabilÍty coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. lf a Cornmercial General Líabilit¡t lnsurance form or other form with a general aggregate limit is used, either the general eggregate limít shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million doltars per occurrence ($1 ,000,000,00). 14.3 Workers' Compensation lf Contractor intends to employ ernployees to perform services under this Agreement, Contractor shall obtain and maintain, durÍng the term of this Agreement, Workers' Compensation Ëmployer's Liabifity lnsurance in the statutory amount as required by state law. 14.4 Proof of lnsurance Requirernents/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, íncluding the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shallcontain no special limitatÍons on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance The above policy/policies shall not terminate, nor shall they be cancelled, nor 4 ATTACHMENT 2, PAGE 4 OF 35 the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days'notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 ïerms of Compensation Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed Contractor shall not proceed with any work under this Agreement until the City has issued a wrítten "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 18, Termin.ation. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. ln addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. lf the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period, Section 1.$, Notice. All notices shall be personally delivered or mailed to the below fisted addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City:City of San Juan Capistrano 32404 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten To Contractor.Sanderc Paving, lnc. 10645 Stanford Avenue Garden Grove, CA 92840 Attn: Patrick Sanders 5 ATTACHMENT 2, PAGE 5 OF 35 Þ.*ctipn I 7. Freyailing'Wgqes. Contractor hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to the Contractor in writing or otherwise, in a callfor bids or othen¡vise, that the work to be covered by this Agreement is not a "public work," as defined ìn Section 1720 at the Labor Code. Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and allloss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys:fees, court and litigation costs, and fees of expert witnesses) which, in connection with the work contemplated by this Agreement, including, without limitation, any and all publicworks (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Contractor of any applicable local, state and/or federal law, including, u¡ithout limitetion, any applicable federal and/or state lebor lar¡.'s (including, ,¡¡ithout limitation, íf applicable, the requirement to pay state prevailing wages and hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Contractor to provide any required disclosure or identification âs required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. lt is agreed by the parties that, in connection with the work contemplated by this Agreement, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. "lncreased costs," as used in this paragraph, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shafl continue after completion of the work by Contractor. 9ec_fion I 8. Dj.s.gute_ßgr_s_olution. ln the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shatl be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Cogntgrparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and has the same force and effect as if they were original signatures, 6 ATTACHMENT 2, PAGE 6 OF 35 GENERAL P.ROY|SIONS. LEQUIRETVIENTS, PERSONNEL. EqUIPMENT. MATERIALS. AND SUPERVISION REOUTRF_MENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 pM, Monday through Friday. Duríng emergencies, work may be required at otherthan normal hours. The Contiactor must receíve the ápproval of the public Works and Utítities Director or authorized representative prior to commencingwork during hours outside those stated above. b) Conhactor shall maintain an adequate crew of at least two experiencedemployees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available forwork. d) Contractor will be required to supply a list of references for similar workperformed. e) Contractor will be required to supply fist of sub-contractors, if applicabte. f) contractor may..be required to supply additionalexperience references, ifrequested by City. g) Contractor shall provide City with required proof of liability insurance, workman,scompensation insurance, vehicle insurance, and City Business License as notedin the contract documents h) Contractor shall be responsible for Contractor's compfiance in all respects withthe prevailing wage rates to all the laborers involved, and with Califoinia LaborCode Section 1770 et seq., including the keeping of all records requireJ by theprovisions of Labor Code Section 1776 and tne implementing aä*inirtrativeregulations. The City shall be a third party benefíciary of the to-çoing covenant with rights to enforce the same as against t-he conrractôr, i) Hourly rates and unit prices quoted shall include all safety equípment required.Traffic control may be required on some sites, and shall 6e inciuded in quoted prices. j) Hourly rates for regular, níght, and emergency work shall be for actuaf time spent on the job site. No traveltime will be paíà. k) Ïhe Proposal witl be awarded based on än analysis of proposal prices (for ATTACHMENT 2, PAGE 8 OF 35 normalwork rates, not emergenÇy or night work rates), Statement of Ëxperience, Statement of Ëquipment, List of Sub-ContractorsAlendors and alt provisions noted in the lnstructions to Proposers and General Provísions and Specifications sections of the Specification Package. The City may award to one or rnore contractors as required to meet its needs. l) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available to answer questions. m) Contractor shall protect any and all private property adjacent to work areas, Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor, n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) Contractor shall supply a list of employee's names, and hours worked on each date. p) Contract Termination - lf at any time, in the opinion of the Public Works and Utilities Ðirector, or authorized representatíve, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon Contractor. Should ContracTor neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works and Utifities Director, or authorized representative, within the time specífied in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The Contractor shall use and furnish a workforce necessary for the satisfactory performance for the work set forth in this contract, {a) Contractor's Employees The Contractor agrees to require his/her employees to present a neat appearance at all tímes while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works and Utilities Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee. ATTACHMENT 2, PAGE 9 OF 35 (b) Employee Attire The Contractor shall require each of hís/her employees to adhere to basic sfandards ofworking attire- These are to include uniforms, w¡th the Contractor's company name orinsignia clearly visible, proper shoes and other gear required by 'Státe SafetyRegulatíons, and proper wearing of clothing, which incJudes that shirts if'ail Ue *orn aiall times, buttoned and tucked in. (c) Typical Tasks Contractor shall suppty employees with the skílls to perform various semi-skilled duties in connection with asphalt forming, laying, and finishing anO rolling, gradÍng; operating avariety of hand and power tools for þurposes of maintainind ürnr¡. property aiooperating equipment. (d) Experíence Supervisors/foremen shall have a minimum of five (5) years of experience in theasphalt/crack seal/seal coat maintenance and repair field. (e) Licenses Laborers wifl be required to possess a valid and current California Driver License,incfuding all insurances, as required by the City. (Ð Knowledge and Abitities The Contractor's representative shall have a general knowledge of the asphaltmaintenance and repair-industry, including suitable experience in ì-he field to p"rfort the required work in a safe and thoughtful manner. EQUIPMENT The contractor shall use and furnish alf equipment necessary for the satisfactoryperformance of the work set forth in this contract. {a) Vehicles Contractor shall display the name of their firm on anylall vehicles used or othenruise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (5û) feet during the course of theír work. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean ATTACHMENT 2, PAGE 1O OF 35 appearance and maintained in top mechanical condition. All equiprnent shallbe properry adjusted, from an operationar safety standpoint (c) Storage of Ëquipment The Contractor is required to supply storage for equipment that is used in theCity' Equipment shall not be stóreå ín the"public right of way or on any otherCity property without written authorization from the public Works and UtilitiesDirector or authorized representative. MATERtALS The Contr"actor is required. to supply storage for materials that are used in the City.Material shall not be stored in the puoric tçñt oi*"vìi unv other city property withoutwritten authorization from the Pubfic \¡üorks "nä utilities Director or authorizedrepresentative' The Contractor shall furnish all material, including, uut not limited to,equipment, etc', necessary for the performance of tne work set forth ín this contract. The contractor shall provide such adequate supervision as to furnish ongoingsupervision of workmanship and adherence to schedules by the employees performingthe work under contract. The field supervisor or their representative shall check with thePublic Works and Utilities Director or authorized representative weekty as to (1)schedule of work; (2) complaints, and (3) adequacy of performance. The contractorshall submit such repgrt: as the city may require eñsuring compliancu *itn scheduledwork' The Contractor's fÍeld supervísor shall be onsite whilä work is in-[rogress. SUPE stCIN INFORMATION E RO ECY Ïhe Contractor shall provide the city at all times throughout the duration of this contractemergency telephone numbers of at least two 12) qualified persons who can be cafledfor emergency conditions at any time tirat' óontractor's representatives are notimmediately available at the job sité. An alternate emergency number sha¡ be providedin case no answer is received at the first number. lñe emerg"n"y nr*ner shall beused to contact the representative of the contractor who can taÈe thå n".ur*"rv ,"t¡ã,required to alleviate an emergency condition which threatens to cause damage to anyCity property. ln additíon, ihe contractor shall employ person(s) to answei telephone and e-mailcomplaints, requests for service, etc. (ån'answering service will not be consideredsufficient for this p1?9s91 during normal city*working Ëour* Normat city working hoursare 7:30 A.M. to 5:30 p.M , Monãay through Friday. * ATTACHMENT2, PAGE 11 OF35 Contractor is required to provide the City with a Z4-hour emergency number for contactoutside normal working hours. The response to an emergency call-out by the Contractorshall not be more than two (2) hours and shall be considéred part of the normal contractexcept when delayed by problems caused by vehicle accidents or Acts of God. EMERc Ë l-\tCy MEpI CA! .FAC-| LtTy The successful proposer is required to provide the City with one (1) copy of an"Ëmergency Medical Facility Designation and Procedure Sheet" before a contract isawarded' On this sheet, the successful proposer must designate a twenty*four (24)hour emergency medical facility to provid'e emergency medical treatmenvcare in theevent of injury to any of the Contractor's employeãs. ú will be the responsibility of theContractor's supervisor/lead worker to trinsfort or make arr.angäments for thetransportation of any injured. employee to and fiom the ciesignated ",ı*rg"n"y medicalfacility or any similar medicalfacility. ATTACHMENT 2, PAGE 12 OF 35 s PEclAt cQ!:lrRAcr PRovtst gN.q SCOPE OF WORK WorKTo Be Donq Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair asphalt/crack seal/seal coat maintenance and repair services ín those areas designated by the Public Works and Utilities Director or authorized representative and to leave the grounds in a neat condítion. This contract covers the scope of the AsphalV0rack seal/Seat Coat Maintenance and Repair Services. lrnprovernent projects shatl be biC out separately. The Contractor shall furnish and maintain records designating exact locations and areas of maintenance and repairs. Such reports shall be signed by the contractor and the Public Works and Utilities Director or authorized representative in charge of overseeing the work. AII work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works and Utilities Director, or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Aulhp¡rzalisnplWerk Work will not be perlorrned without prior approval and only as authorized by the Public Works and Utitities Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, work shafl be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works and Utilitíes Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantÍty of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works and Utilities Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisabfe for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a Public Works and Utilities Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. ATTACHMENT 2, PAGE 13 OF 35 nce ork The Public Works and Utilities Director or authorized representative will makeinspections and deiermÍne that the work has been completed in all respects inaccordance with these specifications. Eilit¡-q Form Contractor shafl .p.rwide q billing form and progress payment form approved by thePublic works and utilities Directol or authorizåo ,äpres"ntative. MFTHOD_oF woRK All work shall be per.formed per the Standard Specifications for pubfic WorksConstruction (Green Book), Latesi Ëdition. The Contractor shall perform maintenance and repair services as per the City of SanJuan capistrano standard plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to preventpublic trespass into areas of work, until that time that the areå is opened again to thepublic for their use. Rubbish and construction debris shall be disposed of to an approved dump site. Afterremoval operations have been completed, ihe grounds shall be left in a neat andpresentable condition, satisfactory to the Pubic Works and Utilities Director orauthorized representative. The Contractor shall verify the location of alt utilities prior to construction, repair ormaíntenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is requÍred to be onsite during atlexcavations in excess of 1B inches. Ïhe Contractor shall provide traffic control per the MUTCD subject to approval by thePublic works and utilities Director or authorized representaiive. The Contractor shall monitor freshly ptaceo asphalt for Íl:e tength of time necessary toprevent defacing of the asphalt. The Contractor she,rl be reãponsible for repairs orreplacement of new asphalt which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings thatare removed or are no longer visible in the course of the woik. The markings sñall berepfaced in-kind at the cost of the contractor ATTACHMENT 2, PAGE 14 OF 35 NPDË9 Regulations The Contractor shall comply with all City regulations regarding NPDES (National Poilution Discharge Ëtimination System) Requirements and tñe Cityrs Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowfedgement of adherence to these standards while performing work at the City. \ /hen sav" cutting, all water and residue shall be detained and vacuumed prioi- to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek sysiem, During constructíon the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Ëlimination System Program (NPDËS). Protectign oJ Existino Utilitiqs The Contractor must take all due precautÍonary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting thè responsible agency at least 48 hours prior to comrnencing any work, The Contractor's attention is directed to the one-call utílity notification service provided by One CallCenter. Member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through One Call Center (1-8A0-22T-2600). Contract Termin ation lf at any time, in the opiníon of the Public Works and Utilities Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the Contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works and Utilities Director, within the time specified in such notice. the City in any such case shall have the power to terminate all or any portion of the contract. ATTACHMENT 2, PAGE 15 OF 35 [xtra Work 1. Extra work will not be performed without príor approval by the Public Works and Utilities Director or authorized representai¡ve unless a condition exists wherein Ít appears there is danger of injury to persons or damage to property. 2. Ëxtra work may be required by ihe Public Works and Utilities Director orauthorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3' Payment for extra work will be based on actual cost of labor, plus wholesale costof materials, plus a markup. Extra services other than those listed shall be negotiated on a time and materíal basis with a "not to exceed" amount. 4' The Public Works and Utilities Director or authorized representative is authorizedto approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. Fþw and Accep.tirn.gç of Water Surface or other waters may be encountered at various times. The Contractor, bysubmitting a prCIposal, acknowledges thai he has investigated the risks arising from surface or other waters and has prepared his proposal accãrdingly. lt shall l¡e the sole responsibility of the Contractor to protect their work from danger due to any waters encountered, Should any damage occur to the work due to surfãce or other water, the Contractor shall repaír such damage at their expense. Protection of Privat-g Properhl The contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect aÍl existing private property. Protgc_tion. of Ma intenance A re._as Contractor shafl protect property and facilities adjacent to the maintenance areas and aflproperty and facilities within the maintenance areas. After completíon of project, the maintenance area shall be clean and in a presentable condition. All public'or þrivatelyowned improvements and facilities shall be restored to their origínal condition and location. ln the event improvements of the facilities are damaged, thðy shall be replaced with new materials equal or better to the originaf . Contractoi shalt repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of anypubfic street; way or parking area during performance of the contract work, and ATTACHMENT 2, PAGE 16 OF 35 Contractor shall conduct his operations so as not to interfere with the authorized work of utilíty companies or other agencies in such streets, ways or parking areas. weekiy_&eppttas Contractor shall make weekly contact with the Public Works and Utilities Director orauthorized representative to determine work level and effod, as well as maintenanceperformance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all ernployees for the previous week, oñ tne followíng Monday. Withholdinq of Pai¡ment lf, ín the eveni thai inadequaeiesideficiencÍes are determined by the Public Works and Utilities Director or authorized representative, the Contracior will have 24 hours from the time such items have been determined to be corrected as neces$ary. lf Contractor failsto correct within 24 hours, Contractor shall be fined the amount previousJy determined at the time of the initial inspection. Deductíons from the monthly payment due, for work not performed, will be based upon the bíd worksheets, which aie.to"be submitted at the time of bid. Meetinq.q Contractors shall provide the Public Works and Utilities Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works and Utilities Director or authorized representative a "site supervisor." This site supervÍsor shall meetwith staff one (1) timeper week at a time and place agreed upon by both parties for as long as the contract isin effect to discuss any problemsiconcerns which may arise and-any goals for the day/week. ATTACHMENT 2, PAGE 17 OF 35 STANDARD PLAN DRAWINGS ATTACHMENT 2, PAGE 18 OF 35 TYTffiLCUT ORSAWCI¡r z, NI g (,) aâ RBPI¡dì,CE4PNT PÅVEME¡ÙT Á-c. oRP.C.C. MIN. RËFL¡q,CEMSÍT PÁVtlm\¡T ¡ {,NDER2' ovER2'i 050' l.o' 0.ó5' À4IN. C.[4.8. oR SLURRYFORLOC¡.L STRTßÏ$. 1,0'MrN. c-ù.f.B. oR SLTJRRYFORITIGHEA, TRAFFTC DESTGN STREETS. zoN EEDDINC I\4Æ[8RI,ÀL.* PER SUBSECIIO}-Í 306 . I,2.t OFTÊE SIAI'¡DARD STEffËICAflON MIN. S-8, =3t,COMPACTSD TgTfiË S¡qÍISFACTION OF TltB tIÍY ENOINBER. SEENSTB1. IINE ¡ WI|ICTIEVÊR IS LESS BUT NÛT I ËSS T}IAN.35 M:{|[ERIAL B I D/10 BUT ¡\ûT T FSS T¡TAN O5I SAND, CRLISHED ROCK O&CONCRETE AGCRECATE.MAX NO.2. EXISTS¡O STRHET TRffC}I ÐEIÀIL SEE SHRST2FORNOTES City of San Juan fi.ano REVTSIONS EXCAVATTON AND RESURFA .-ING STANDARD ,4 7t2AÊ5 700 STA,NDARD PI-A¡YNO. ATTACHMENT 2, PAGE 19 OF 35 NOT]iS: 1. ALLEXCÄVÁrto' ffi #ffiHffi ffiffii$ffier'ì,ffi åffiðffi,ffi . WTTEINI.sFEET'**'nffi *AGGREGATEBAS SOIL [4AIER.AL\, 4OG2 FREE OF I) ffi-s "L1TAT959Æ MINIMT SECTIONANÐ 0.5 ]zoNE" rf ^^ ru\v ryu LL^a"rÁ.UIIONINTIIE. 5' Arl' RtrERENæs To sLURRy SHALL T4EAN cï,Ass 100 - E - ¡ oo se¡¡o¡cm.m¡-r sLURRy.u' ffiå|t***cm{E¡m REQüIR&' rAcK co^r oN Ëxrs*.¡c EÐcBs ,ANn A 'BAL coAr oN TïG 7. PRIOR TO PI.ACIITG BACK}E¿, CALL CXTY ENGINEERING ÐIVISION FOR BEDDINC N.{SPECTION.t' mm oR SÁWCUT OF Â.c. SHÂLL 8E A SîRArcm, cr¡nN m.{B ACCEPTABLE TCI THE Crry 9, WHEREEXTSTINGA,C, EXTEFN( rl < ËEr I "l^" nr.ifoA;räñKffi åJffiË?ffi å,,#ffiïEMENT REpLncEMn.rr to'offiffi ffir"ffi-g^ffirgfffii,tråtruc Rrclrr - oF - wÁy ¿. pERr.frr MUsr BE "oH'fr*,må'JolålH,"dffi ffiffi ,"dHîgfff ffit#.iåftff ,"o, I2'*ffi%'RK 'HALL coNFoRM To lrr{E 'cuIDELiNEs FoR TRA'BL EXCAVå'I'N;'ArxacHED City of San Juan C apNtrano RE\rISIONS EXCAVATION AND RES UR.EA CING STANDARD ,4 7/20t95 STANDARD PLAN NO. 70a STIT-LOF ATTACHMENT 2, PAGE 20 OF 35 r. á, TRENCI{ Is DEFINBÐ Ás áN EXC.{v1rfiON rN WHICä lliE DEplll IS CRBATERT¡IÂN TUE ìVIDTT{ OF TIIË BC/I.TY]M-ôF.ftm ãiäiÀirL¡¡,I, . LLTR.E¡{CH E(CÁVATION ÁND RELÆTEÐ WORK S¡IALL CONFORM îO SUBSECTTON3oc--¡-of ','rE cuRR$* pmoN onır "süüi*ö srnælc¿uoNs FôR FUBLT.woRßs çoNsrRucnol.{. lsm"r,iDeno sÞe¿trIıiËöNs) ÁND As n RmERSPECIFIEDEELOW: A..oúC'XIil4T'M I.ËNGTH.O.f' OPEN,TRENCH SHALL rE 2{N ¡EET ORTHE ÞISTANCSNBCESSÀRY TOACCÛT,'MOD¡I' Ï"I'E'ANiöUI.M 6I PIPE AI[.8 TO B€ INSTAI¿8Þ IN.4 sI¡,¡cIå DÂT tvÌücrlrvnR is cRitÍgl-- --' - -' B. BXnonr ÐrCeVr{rmC ,r,NV,tnRvcA FIVE FEBT OR MORE IN ¡EPTÍI, TÎIEç$qB4crovpERMrrrEs sHÄr¿iuBi rn-iöffi'crrr ¿ psråf,ED práNsfrowlNc TrrED&sI6li-olsHoRB¡O. ni'¡Lrôic, SroprNG oR orHER pRovrsror.rs r0BÊÀ'ÂD' FoR rr{B wo¡qns; ÞEó*crrıx. ìiiis pr.A¡îMäsr ¡ıîì¡L,.iüf äßReQUIRET"{hffs orr ïrE-srá.rE oFCÃimòiüuïı¡¡s'rRtJcrfoN s.AFBry oaDBRs,A.Rficr.E 6, sesrroN r-sg. r uts ri-nN úilËs-ñoùr snos¡,¡o sysrrMsrANDrc'RÞS. m sra''_ ne nnxmnno a1 Ä necisrmlÐ irml ¡*cnmi r¡æpr,/4'N wrLL BB ns\¡EwÐ sv rrü crry pirlını-furs coMrútNc'ME|n oFExc¡vÁflox Þv ffie comR¡rrtür¡riåiffie]' c. -P-RroR To col'{rirENü\rG woRK oN TTllS pRô¡Ect rrrË CôNTRÁCT0RJPERMITTBElq+!L sqB¡,rnro r¡æcrry p'on,cppRonÄr"-ÃîLl¡l A]rD scirfune-öl- --- -- Coì{SIRUCTTON v¡nct¡ wtt ¿riow ii¡ii ui¿,sfwco¡liæ.mvc¡ To r{E Fr.rBt¡cAND/OR REsrDm{rs. urarrv rnwcgis l¿usr ¡r secrim,irsd,a}D-co.À,fpïcfÐoR covËRÐ m*r srEEL H"ArEs so ut¿i ¿ù n¡suu.ns wr"r, ¡¡¿w ¡cræss roTIIETR DErvgwÀys pzuoR'¡Ð co¡rr*¡crun¡¡tnñrrru LB.{v¡No JoB srrË EacHÞ.4y., ArJ, TRB¡{C'É' DepER ïriñ o:if Èo<ñr fo¡,pw¿v Mr.Jsr 88 covsRs)ïEl.!ryE pt.,crss onegN@, As ôÐirñl,ùffi,'iryrirn crrr !n¡Ë¡¡ LEF?or¡ÊRMcHr. átL n¡¡zs st¡¿r¿ nF n¿-cm'Ãb*s¡cc¡t¡o Ac.{INsrDrs¡r-AçqvfBr.¡T w co¡ron¡¡x<x wnrl rnrìñii'¡s¡o¡¡s oF TÎ{E'WORK ARßATRrA.Fgç colrrRol Hl¡p¡qqr i,rß¡-¡s]ä:bi-f ñnlnryc NEs,s. rNc., ráÍEsTEÞmoN Tr{È*BoF. Ar¿-pLArEs ir¿cso o¡*-¿irffim HrorrwÀys SRÀLL BBSECURED AI.SO BY SPIKES. ¿ BEDD^ING-M'cÍERI¿,L wHlclt suppoRTs rlIE coNDUrr sHAr.r BTEND A MTNIMUMoF r.o Foor Aaove r¡æ mN¡r¡n ¿¡.ran rin¡súðä¡oN. CUIÐELINBS i.-OR TRENCH EXCAVÂ]TON Cify of San Juan Capistrano 3, REVTSIONS ËXCAVATION AND RESURFACING STANDARD ,4 in0ß5 7AA STANDARD PL.A,NNO. ATTACHMENT 2, PAGE 21 OF 35 ** t^ " B. WHER-BTRENfi{EXCAV coNÐmoNs SHÂLL ;{IroN occt¡Rs WITI{iN EXTSTÌNO pAVrMENr, THS FOriôMNo ' sffiE?mm'oo , City of San Juan Capistrano REVISIONS ËX CAVATION AND RES IIR.FACING STANDARÞ ,4 700 SIIr_!OF..rá* STAI.¡DARD PLANNO. ATTACHMENT 2, PAGE 22 OF 35 t -^ 'ffi* åTfrtsåiffi . rgÄ""$.ftffir'* City of San Juan C apistrano LOCAL STRËETS ANÐ ALI.EYS ffi, 3.;íËffiå?Såfå;'g* OR äüffitf:?f'tî$""ffi* 050 FÐoT À,c. oR P.C.c" OVER ¡.00 Fûor ü 2 Á3 oR cl\48 OR 0t_5FoûTÀ,C. ôRP,C.C. OVR. CL"qSS IOO - E. I{)O SAND, CBÀ{ENTSLURRY REVISiONS EXCAVÄTION AND RES {.IREACING STANDARD 7t2u9s 7t0 STA.NÞARD PLfu\ NO. ATTACHMENT 2, PAGE 23 OF 35 8. TIIE C"TTY çUIDELINBS FOR TE.sTIÀIC BÂCXHLL M.ATËRIAL ARE A5 POLLÔVIS: a fElQR TCI TREI\¡CI{ EX^CÂVATION. TIIE GRADINC SAND EQLI|VAI.ENCS (SJ.), AND REUTTTVBCOMPACTTOT{ CURVE Or TITE PÅöJqSH; N¡ffii'VXrËruru. ${ALL BE DËTERMINED ¡,NDA.RTF¡CA''0rCowr"r¿{cgrno¡¿f ffi el---------------ppnov'Dso&srBsïN6L-a'oRAÍÐRyqlu,u:qË sûB¡ún"n:oro r¡rs ffrv. 1ïÊ clil ìriÃÍ nrnrms;ıffii¡Ãfrıífwc.+r u¡eqöem\¡sË oFrmco¡rrnrcro¡viunúir¡mli, B¡isuRË-rrr\ToRM ä¡tirtï¿i¡ı¿¡CI ¡¿nv/lççryr gR RErßcr nrn n4¡rqrer u¡sÐ uPoN siJts re¡m,¡ä'ìñdiffi,Ë-l'r¿r¿xrru".4"S Dç{|$ì,ÍINED ¡V Ï¡A CrrY S_HAI' ãN Nrìi¿ı.rö FNOM TIIE SITts AT TT{E trPENSE OFTHP CONT¡LA(:IORi}EEltr¡1tsB. B. R.ëIåTîVE COÈTFá.TiIÛT TE[!$]SII4I¿ DB PBRFÐRMED ÂT ¡NîT:RVAIJ NÛT 8¡(CßSDING 2OOFEEï _rNr-ENcrH r,r.ro z.q rmr ñ-nnnrr-ÀNf MEttrrAr ïirr ÈÁffi i,-cıüiffino¡¡ rasrsrrALL BB Rmowam¡¡ o[ nrifov6rämi¡isD'r*ñnsö'ñiffi'ðitr." 9. BARRICAÐES AND TRAEFIC_CQNTROL sHÆr ss I1ERFoal,ßD pER T.IIE "woRK AREAïRAFFrccoNrRoLHA.¡rDBooKiiÞu¡ï¡rmrs-f Bffiliri¡öffi F.'dicîr¿äs*ìËftoxTHERtsOF, Iû. ¿,Ì'ry PAVEMENT tR¿rrrc-srnp¡xcrg,¿ovm on os[xrEMcED Þun roçg¡tIRÀcroRÆf*Mn-rBE qr¡ry4qoñs *rarr eri ËEÞL,a,cm nv ffi - * æNBÂCrÐR/pf¡,MIrrtsE naæpur¡r_i r-bu¡v¿riG ¡,rñAr pÅùüäþATCrtrNc, TO Tf rEqÆÍéE4cnoN oF TlrE crry. ïn co¡nxec¡Ðnæs$$n-Igi-s-HÀLc Aisı pRdvfuiÈ lsqonARy pA\æME¡lr ¡.t4g¡Qucs nuirriic cıñ3cäucsoñïim¡íñEa=riñËDïinnclïr' ÕN crr]r coNrR 4.crs rHE cor.¡?nacl,oil-cû,ari. nrsrirp¡iÃ'riìgiífrñú'y-rlrESPËCIFIC.4TTON. Cify of San Juan Capistrano REVISIONS EXC AVATI ON AND RgS T.TRFÁ.C TI{G STANDARD ,4 7natgs 700 SÏANÐARD PLANNO. ATTACHMENT 2, PAGE 24 OF 35 hz Ò trU¡ ¡ú o() ts ìr. ö .:i'-':.". =EXCAVATIoN ', i l 'I i := ARÈA OFCON(:RÍi|E FÂ\L\IENT TO BË SAWCLIT A\D RËPL.\CED = tt8"x2', SAUICUT k * SAWCUT 2,. DEEp City of San Juan trano I' tï |-ESS T¡ÌAN 3. RFlr.{cE-Itl CONSîR¡.¡CT¡ON MIN, MO{. ],MI¡{, 3'MIN.Å ,? ô" t{tN. .i,MIN. 5 1 REVISIONS CONCRETE PAVEMENT REPLACEMENTT 7f20ß5 715 STAND.ARD PI,ANNO. ATTACHMENT 2, PAGE 25 OF 35 SAW C{JT Z'' DEPTH TYPICAL EXCAVATION SECTTON SEE NOTE 2 NCTIES: t. &"ÄtÊHHâiffi* SHÄLL Nor BE crlr wrfroûr pRroR AppRovAL FRoM 2. HC:*rn0ñ srIaLL At so CONFORM m Tr.[E RBQuREIæNÎS OF Sm. PLAN 3. THE Ë,xnn ¡T oF REPAIR Õp côN.?m nñð rr^ñ ^,r^.'ffi,dffiffi 's; ACCORD.ANCE WIIH Crr 6. RSPLACEÞ CONCR.ETE 1Ï PAVEMHNT StIAr¿ urroffi?*t A SAWED EÐçE OFTrrËÐfis.Ia*c t ff*åffir"siffiffiå ffirrro ¿." * s¡\an srrRFACË rEXrLmr: 8. THB IIMITS OF REMOVAIBBÞËrEp¡,trr,r'D¡*r*rr'ffi å"*WvfßhrTINr¡IETlÁvst^r-DTTAY 9. ÐOWELI¡IG MAY BE RËQ{JIRËD AS DIRECTED BY ît{Ë CNY E}¡GINELR ' n#,ffiguff H iå"î+: g$-ffi fffiiåiË:.G ËxpÁNsroN oR City of San Juan C apistrano EXIST. BASE CT,Ift.RENTEDIÎIONOFTTIE CONSTR.UCTTÕNAND CITY SHAIT OFCONC. REMOVAL REVISIONS CONCRETE PA\/EMENT REPLACEMEMT /7 7nùß5 715 STANDARI) PI-ANNO. ATTACHMENT 2, PAGE 26 OF 35 PROPOSAL As PHALriç.ß¿Lc K s EA LL$FA.I- co4r MAt ltrEL.¡ANc E ANp REPAIR s ERVf ç.Fs From 5o.^d L,'i frc¿-. CONTRACTOR To the Honorable City Council City of San Juan Capistrano The..undersigned, as Proposer, declares that he/she has carefully examined the locationof the proposed work as described, examined tn* Specifications and GeneralProvisions, read the lnstructions to Proposers, and is familiar with all proposalrequirements, and hereby proposes 1nc agrees, ¡f ine proporii i* ä""öi"c, io completesaid contract in accordance with the Contrãct Documànt ilo-r-tr,"tlÑf;;' Said amounts are to incfude and cover all taxes, the performing of all the labor requisiteor proper and the providing of all necessary machinery, tools, ãpparatus, materiafs andother means of maintenance and repair; also, the perfórman." urio "o*pl"tion of all thework in the manner set forth, desciibed and shown in the specifications for the work.Contractor will be. required to pay for permits on city pròjects (í.e. encroachmentpermits)' Contractor may invoice City for reimbursement of actual permit tee(s) onty.All prices quoted shall include removal and dÍsposal of all *"t**å1, *u"t.¡ u*, but notlimited to, sludge, greäse, water, mud, roots, tiash, etc-, trom tn"'pìã¡""t sites, A¡príces quoted shall include traffic control as required by il^re c¡tv. un¡i pii"ing amountsshall remain in place for the three (3) year term äf the agreement. It is anticipated that the chosen Proposer shall commence work on January 1,201s Gentlemen: (lf an individual, so state. lf a fi narnes of all individual co-partne and Manager thereof.) Date /Ò*( 2¿t rm or co-partnership, state the firm name and give the rs composing the firm: preside Se Treasurer, S OF CONTRACTOR Name Title Company Business Address n State Coniractor's License #.11/ 3.!j E-mail:o) ïelephone #a:J t/ I ATTACHMENT 2, PAGE 27 q]x?frelr e R LÏENCDAIc FRoM: Sqnrle"rs r J- n¿..l/ ¡ r-l CO TOR Work to incfude, but not limited to , services listed above in or on City owned propertyand right of way (i e. parks, parkways, medíans, facilities parking lots, streets,sidewalks and open Qnana\ Qaì.J ^*^..*¿ ^L-il :-^t. ,tvÌ,vvv¡/, vqrr¡ ailrvuilt tildll lllÇlLtge ano cover aii iaxes, overheadand sub-contract expenses, the furnishing of afl materials rhe..unde-rsigned, as Contractor, declares that she/he has carefully examined thelocation of the proposed work as áescribed, examined the Specifications therefore, readthe Proposal lnstructíons, and is familiar *itl't rù óùpo*"r requirements, and herebyproposes. and agrees, if the proposal is accepted,'to'complete trre said maintenanceand repair in accordance with the contract Documenis, tor the unit price or lump sum asfollows: Ë,4 required, and th e providing of al!necessary machinery, Title Company: Business Add ress: the performing of toorls, apparatus all the labor and othermeans of asphalUcrack seaf/seal c¡at maintenance and This is a valid andbindíng proposalto do allwork herein proposed for the Date ,/o */t:- 2a OF CONTRACTOR Name Title Company:c. Business Address n State Contractor's License *'.1'1 ¡2rl5 Telephone # Proposer certifies that he/she h %0-t? Further, the undersigned as ughly checked thefigures set forth in this proposal, that they are correct to knowledge.and that theyDate lt -,/'f* 2Or'4 constitute his/her proposalfor the work SIG OF CO OR Name t/tn q State Contractor's License #1I"2-!t5 Telephone #0n)ßl ATTACHMENT 2, PAGE 28 OF 35 s $/S.Ë. veal I $/5,.f.1¿çBr¿$/S.i, vear3 move ¿ce Less 100 F"# tt'so -.? r? . ?5 4 ß..5 5 move 101 250 ta.Ll5 t"''/O -1,âo ?ST F.b. '/0 b.B5 7"/5 Re and ,r¡o0 5" 50 5- ã/5 b. *.5 Total AsQhglt Wo4-NiehÍWork S/S.F. vear.l S/S.F. vear 2 S/s.F. vç-q"Íl and than #tç.rú #t>.e5 #tu'as and Re s.F4't0.¿0 t0 1Õ t0-75 rh s.Ë.-7. qo {ss 1.b5 r 4O0 S.Fand lr.go '7.^5 '7_ 55 Totål othe¡$lEJe3r!È&t Ye_s¡?S/Ft Year ¡Seal L.F Seal CÕai S.F Hourly rate, per man, per hour t)rt¿ boil.,rsAJ ¡n Hourly rate, per rnån, per hour, after regular work hosrs H¿dr¿j s,ã A-arfs Unit Price. per man, per hour For First Two Hou.rs L Unit Price, per mðn, per hour For_Each Hgur ThgreAfter lLl¡rt 5o-t¿n ú ATTACHMENT 2, PAGE 29 OF 35 said amounts are to include and cover all taxes, the performing of all the labor requisiteor proper and the providing of all neces$ary machinery, tool$, åpprr"ir., iraterials andother means of maintenanóe and_ repaír ,urv¡"u*; åi*, ir,* performance and completionof all the work in the manner set forth, described "no rr.rà*n in the specifications for thework' contractor wiil not be required to pay roi ôor*t, än city projects (lf an individual, so state. lf a firm or co-p.artnership, state the firm name and give thenames of alt individuaf co-parrners composÍng the firm: pr*il"i; il;Ëi;ry, Trea$urer,and Manager thereof.) 's -' It is anticipated that the chosen proposer shail commence work on Jan arv1 015 Further, the unde rsigned proposer certifies that he/she has thoroughly checked thefigures set forth in this proposal, that th ey are correct to the his/her knowledgeand that they con stitute hÍs/her proposal for the work n Date {- ea/+ Name Title: Company:a l/¡ Business Address State Contractor's License #:').1 ÉW, Telephone #çX)-ktgl S OFC ATTACHMENT 2, PAGE 30 OF 35 STATEMEN.J OF EXPERT_ENCF THIS PAGË TO BË COMPLETED BY PROPOSER AND SUBMITîED TO CIÏY ASPART OT QUOTATION. 1 lsrtr::tu"cts of a similar type - either currenfly hetd or hetd wirhin the past ten (10) -id- "2¿s I OF Name: Title Company- B ss Address State Contractorrs Lícense *:-]7 tSUS Telephone #ró R poNTBAcr o CTco $*r^t,t1.ttt ,Ac lV r'/ z¿ t4- C.rt".:e- u2) duarl PuqLtg îf n) a (H LÌzlt\, fA t F 1 tUt '7 åaaa 7D j"a-, lite, t¿ r 7-A-/ â,co a 7p -B ¡ tt yt/¿As*-r âpa d Tø iD-à- aú0 rn fra+apSOrt 3 !/e-vri' .J --) PERIOD OF ço_NrRA_cI €tt¿ tt 7*" þn"*r't AND PHONE t$sç>¿¡-Ë*>t}'J qSq. 6ü í4û )'ã +wrut*7-o t o'T n # g:¡s / âct ¡'-3 ú*înol+ 4ç-þ'naff n< ëD åpt7g tp+í25. t2 où*/y -'i¿ a 4g-t-to ATTACHMENT2, PAGE 31 OF 35 LIST OF EOU THIS PAGE TO BF COMPLETED BY PROPOSER ANÐ SUBMITTED TO CITY ASPART OF QUOTATION. List equipment owH4..by the quoting firm or sub-contractors that is available for use onthis contract' Provide type, make an'd modet yeãr- Ùràìoo¡t¡onal sheets if necessary. Date i¿S-ls:?a2't4 S R Name: Title: Company: Business Address State Contractor's License #: Telephone #5-xì-ûrl ATTACHMENT 2, PAGE 32 OF 35 Sande/s Equipment List ËqyiÞrnentN.anre .:'l$p¡gs;',. ,Y,#t':..'i i '.,,,.,:V!Ak€i fÉ5 Dump 78.27785 1M14A13Y0VW075195 1 997 Mack CH613 #6 Dump 5J12674 1 FDXR82A4JVA29543 1 988 Ford 18000 #J Dump 7H45940 1M1AA13Y5\ ¡ü075189 1997 Mack CH613#8 $ealTrk 6G3'1745 lFTYYgsY3TVA2 5397 1 996 Ford 19000 Du 6X49988 1FDXR82AgLVAO2146 1990 Ford 18000T5N64846IHSLRUXN5GHA5ilO -1 986 lntl51900 7057SG1 1 NPAL59X95NS77145-_-2005 Peterbilt 357 70579c1 1 NPAL59X75ñ877144 2005 Peterbilt 357 T05 Tool Truck 7N15200 JAL&IB1K9S70039ô5 1 995 lsuzu NPR T07 Tool Truck 8N65688 1 GDE4C1 2 1 6F407239 2006 GMC4500 T08 Tool Truck 138 1GDE4C1 2X6F4072A7 2006 GMC4500 Sth Roller 5009597 Wacker rss800a 3th roller 6t112224 1999 Dynapac CC122 Zth roller 60323 2003 Hamm HD12 8th roller 174168 2003 IR DD28 AZ-Tex UT. Traiter 41K6269 428SU20062F000604 2002 Aãex Tex Trailer 4G13582 16VHX242X4281A2A7 200/.BIGTEX Big Tex Traiter#2 4JH&$09 16VËX162261 330262 2tt7 BIGTEX Carson Trailer 4JR9785 4HXRC20298C133734 2AO7 Carson Trailboss Trailer 4þtK4331 4SOÐP3û2661002402 2û06 Trailboss Anderson Trailer 4KH9307 4YN8N20238C051650 2008 Anderson 2n{Compressor s8519600 1 u8795 1Znd Light Board 1W91510 14T12451A8 19S6 Wanco H20CI69 1991 Allantic WeldinoWork¡ 561053 1W91S1018Y1249409 2000 WANCO Znd SealTractor 2001 Kubota 87400 skidO1 I{10270F271123 2000 John Deere 270 skid02 ïa0332F117152 20ffi John Deere 332 skid03 N5M414872 2005 Case 440 skid04 N8M432533 2411 NewhollandL230 $(!ploader M-DD5PW2 A'43CI940tD627431 6F17 1992 NewhollandS4SD Pavino Machine1:------:rfr'::44815 2006 LeeBoy 8500 SAN01 (sates)6W96517 2GC8C19W21318920 2002 Chew 1500 SAN02 (svc)6H423A2 r GBKC34J2YF4009 1 I 2000 Chew HD3500 !|ANO3 (sales)sXPVO99 5GRGN23U27H103568 2007 Hummer H2SAN04 (sales)8427647 1 GCHK23D86F154680 2006SAN05 (sales)8D00655 1 19Z:06825A242 2006 Chew 1500HD SAN06 7D233/,O 1GCHC29U838218738 2003 Chew 2500HD SAN07 {foreman)8U12169 1GCEC1eC38Z316550 2008 Çhew 1500 SAN08 (service)6236481 1G8JC34D078147270 2047 Chew3500HÐ ii 1n0n013 ATTACHMENT 2, PAGE 33 OF 35 ÏHIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY A$PART CIF QUOTATION. Addregs of Workf,lame Phone Fxl f oV îazz-2d/ Dare /t"/ç 2Ûi4 Name: Title: Company: B Add State Contractor's License # *J-lr 3'15 Telephone #53¡t OF CONT ATTACHMENT 2, PAGE 34 OF 35 Date {)* ¿r- c,F RTt fl g\.Jt_oN o F c,pM PL |ANC E Name îítle S erstand that I shall be ng wage rates to all the V7A et seq., including the 1776 and with F P The CITY has been advised thal the Prevailing Wages Law applies to the work.coNTRACToR shall be responsible for coNTRACîoR's compliance in alt respectswith. the prevailing wage rates to all the laborers involved, and with california Laborcode section 1770 ef seq., including tnà r<eelinl of rll ,records required by theprovisions of Labor Code section 1776-andtne ¡mbiuåenting administrative regulations.Ïhe clTY shall be a third party beneficiary or ine fàrgoing covenant with rights toenforce the samg as anainst tha l-1"ìÌrtrÞ ^ ^'ri,\n Company: Business Address:'',{rtã'n (¡1,r'ò State Contractor's License #. 1 71 3qÕ Telep hone # ( llu)53n -¿¿¡ T,,{ ATTACHMENT 2, PAGE 35 OF 35 B c D CITY OF SAN JUAN CAPISTRANO CONSENT TO ASSIGNMENT AGREEMENT THIS CONSENT TO ASSIGNMENT AGREEMENT ("Consent") is made as of this 3'd day of December,2019 ("Effective Date"), by and among the City of San Juan Capistrano ("City"), Sanders Paving, lnc., a California corporation, ("Assignod'), and Rose Paving, LLC, a Delaware Limited Liability Company ("Assignee"). City, Assignor and Assignee may be individually referred to herein as a "party," and collectively referred to as the "parties." Rgcrrlls A.City and Assignor have entered into an agreement entitled "Personal Services Agreement" dated December 2, 2014 ("Agreement"), to provide asphalt, crack seal, and seal coat maintenance and repair services. The City has exercised its right to extend the term of the Agreement. A copy of the Agreement and associated extension letters are attached hereto as Exhibit A and incorporated herein by this reference. Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement ("Assignment"). Pursuant to Section 5 of the Agreement, "Limitations Upon Subcontracting and Assignment," the Assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be invalid and void. Assignor and Assignee desire to obtain City's consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions. AcReeuerur NOW, THEREFORE, in consideration of the mutual covenants contained in this Consent, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows. 1. Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: 1.1 That Assignee is an organization in good standing and validly doing business under the laws of the State of California. 1.2 That the execution, delivery and performance of the Agreement by Assignee have been duly authorized. 2. Assumption and No Release. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every ATTACHMENT 3, PAGE 1 OF 5 obligation of Assignor under the Agreement. City shall have the same rights and remedies as against the Assignee as City under the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. 3. lnsurance and lndemnity. Without limiting Assignee's obligations under the Agreement following the Assignment, the insurance and indemnity provisions applicable to the Agreement are hereby expressly incorporated by reference and shall continue to apply. This provision shall not be interpreted to be exclusionary. 4. References. All references and meaning assigned to the term "Contractor" in the Agreement shall be understood to mean Rose Paving, LLC, and shall include all of the corresponding rights, obligations and benefits thereof as provided by this Consent and the Agreement. 5. Subsequent Assignments. This Consent does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City under Section 5 of the Agreement to any future assignment. Notwithstanding the foregoing, City may consent to subsequent assignments of the Agreement, or amend the Agreement without notifying Assignor, including but not limited to any of Assignor's guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability. 6. Default; Breach. ln the event of any default or breach of Assignee under the Agreement, City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting City's remedies against any other person or entity liable under the Agreement to City. Notwithstanding the foregoing, any act or omission of Assignee or anyone claiming under or through Assignee that violates any of the provisions of the Agreement will be deemed a default under the Agreement by Assignor. 7. Termination. Notwithstanding the parties' desire, intent and agreement to modify the Agreement through the Assignment and this Consent, should the City, at its sole discretion, wish to cancel, void or terminate the Agreement at any future time, the City may do so by providing written notice of termination to Assignee in accordance with the termination provisions of the Agreement. ln such an event, simultaneously upon the giving of written notice of termination in accordance with the terms of the Agreement, the Agreement and this Consent shall be deemed canceled, voided and terminated. L Effect of Execution. Assignee's execution of this Consent shall be deemed an execution by Assignee of the Agreement. Upon execution of this Consent, Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder. ATTACHMENT 3, PAGE 2 OF 5 9. General Provisions. 9.1 lnvalidity. lf this Consent or the Assignment is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the Agreement as originally executed shall nevertheless be deemed to remain in full force and effect as if this Consent and the Assignment had not been made or attempted. 9.2 Severability. lf any term or other provision of this Consent is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Consent shall remain in full force and effect. 9.3 Governing Law. This Consent will be construed in accordance with and will be governed by the laws of the State of California. Venue shall be in a court of competent jurisdiction situated in Orange County, California. 9.4 Notices. Notices, offers, requests or other communications required or permitted to be given by the parties pursuant to the terms of this Consent shall be given in writing to the respective parties. 9.5 Counterparts. This Consent may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. 9.6 Binding Effect; Assignment. This Consent shall inure to the benefit of and be binding upon the parties hereto and their respective legal representatives and successors, and nothing in this Consent, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Consent. Assignee may not assign this Consent nor any rights or obligations hereunder, without the prior written consent of the City, and any such assignment shall be void. 9.7 Authority. Each of the parties hereto represents to the other parties that (a) it has the requisite power and authority to execute, deliver and perform this Consent; (b) the execution, delivery and performance of this Consent by it have been duly authorized by all necessary corporate or other actions; (c) it has duly and validly executed and delivered this Consent; and (d) this Consent is a legal, valid and binding obligation, enforceable against it in accordance with its terms. 9.8 lnterpretation. The headings to sections contained in this Consent are included for reference purposes only and shall not affect or modify in any way the meaning or interpretation of this Consent. 9.9 Attorneys' Fees. Should any of the parties initiate any action at law or in equity to enforce or interpret the terms of this Consent, the prevailing party(ies) shall be entitled to reasonable attorneys' fees and legal costs from the non-prevailing party(ies) in addition to any other appropriate relief. ATTACHMENT 3, PAGE 3 OF 5 9.10 Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive, impair, or affect any of the covenants, agreements, terms, provisions, or conditions contained in the Agreement. ln addition, City's acceptance and waiver of any breach of this Consent by Assignee, Assignor or anyone else liable under the Agreement will not be deemed a waiver by City of any other provision of this Consent or the Agreement. 9.11 Entire Agreement; Amendment. This Consent constitutes the final, complete and exclusive statement between the parties to this Consent pertaining to the terms of City's consent to the Assignment, and supersedes all prior and contemporaneous written and oral agreements. No party has been induced to enter into this Consent by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Consent. Any agreement made after the date of this Consent is ineffective to modify, waive or terminate this Consent, in whole or in part, unless that agreement is in writing, is signed by the City and Assignee, and specifically states that agreement modifies this Consent. IS|GNATURES ON FOLLOWTNG PAGEI ATTACHMENT 3, PAGE 4 OF 5 WHEREFORE, the City, Assignor and Assígnee have executed this Consent as of the Effective Date first set forth above, FOR CITY: City of San Juan Capistrano FOR ASSIGNOR: Sanden PdntedPrinted Name FOR ASSIGNEE: Rose Paving, LLC Printed lç*J lls Þìve*{'s., }++4 ût 1¿I 0211]t$2aÈ3¡lB 1 ATTACHMENT 3, PAGE 5 OF 5 EXHIBIT A PERSONAL SERVICES AGREEMENT AND EXTENSION LETTERS [Attached Behind This Page] EXHIBIT A, PAGE 1 OF 8 324OO PASEO AÞET.ANTO s^N JUAN cAPrgrRANo, cA 92675 (949)49Sf l7t (949) 49+rO53 FAx www. s a nj u q n c ap i s tr an o. org November 9,2017 Mr. Patrick Sanders Sanders Paving, Inc. 10645 Stanford Ave. Carden Grove, CA 92840 Rl: Personal Service Agreement Term Extension The Personal Services Agreement between the Cþ of San Juan Capistrano and Sanders Paving, Inc. dated December 2,2014 is set to expire on December 31,2017. Provisions of the agreement (Section 2) provides for up to three (3) one yeâr optional renewals based on satisfactory performance of the Contractor. An extension to December 31, 2018 would exercise the first renewal option. Pursuant to the terms of the agr€ement, the City wishes to extend this agreement for an additional year. The new term will begin January l, 2018 and expire on December 31, 2018 at the same rates of compensation as the original tenn. By signing this letter you agree to the extended terms of this ag¡eement. Please sign and return this letter to Rod Hamilton, Public rvVorks Manager, 32400 Paseo Adelanto, San Juan Capistrano, CA92675. We look forward to continuing our positive working relationship with Sanders Paving, Inc. Sincerely, -- -{)//^* Rod Hamilton Public Works Manager cc: Jill Thomas, M¡nny Ruelas, Thomas Toman HEREIN TERMS TO BY u I t7 Date Preserving the Past to Enhance the Future MEMBERS OFl}IE CÍTY COI.INCII SERGIO FARIAS KERRY K. FERGU$ON BRIAN L. iIARYOTT PAil PATTERSON, ESQ. DEREK REEVE o.lÈf e,int"o on 100% recyded pâpor EXHIBIT A, PAGE 2 OF 8 32,4OO ¡'AsEo AÞÈtÁ,NT$ SAN JUÂ,N CAP'STRÂNO. C 926?5(94r) 493-1t71 (94S¡ 493-tO53 Þ?x ,+, lu tr. s 0 r? j t,til tla: r¿ p ió' I f íìt1 *. ofll MËMBÊRS OF T}I€ CiTY EÕUNCII TROY AÕUNNË SERCIO FARIAS SRI¡| L. à'IARVOTT ÞEREK REËVË JÛHN TÅYLOR December t7,20tg Mr. Patrick Sanders Sanders Paving lnc. 10645 Stanford Avenue Garden Grove, CA 92840 RE: Personal Services Agreement Term Extension Dear Mr. Sanders: The Personal Services Agreement between the City of San Juan Capistrano and Sanders Paving, lnc, dated December2,20t4,issettoexpíreonDecember31,2018. Provisionsoftheagreement{Section2}provide for up to three (3) one-year optional renewals based on satisfactory performance of the Contractor. Pursuant to the terms of the agreement, the City wishes to extend this agreement for an additional year with the new term beginning on January 1, 2019, and expiring on December 31, 2019. This extension will exercise the 2nd optional renewal. The new term will cont¡nue with the same rates of compensat¡on as noted in the original agreement. All other terms and conditions will remaín the same as noted in the original agreement. By signing this letter you agree to the extended terms of this agreement. Please sign and return this letter to Rod Hamilton, Public Works Manager, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. We look forward to continuing our positive working relatíonship with Sanders Paving lnc. Regards, ACKNOWLEDGMENT AND AGREËMENT OF NEW TERMS: ¡^ L-. ln Sa lnc.Date Sçn.luün Capistrano; Presensing the PasÍ to Ï:nbX$ßffr,#tiptÆ@iE 3 OF g fr a¡Èt Prntr,'d on 10C% recyced paoe. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO ANID SANDERS PAVTNG,INC. l. 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 at32400 Paseo Adelarito, San Juan Capistrano, California 92675 ("City") and Sanders Paving, lnc., a California co{poration with its principal place of business at 10645 Stanford Avenue, Garden Grove, Califomia 92840. City and Contractor are sometimes individually refened to as "Partyn' and collectively as "Parties.' 2. Recitals. 2.1 Contlactor. 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 t7, 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 l, 2020 and ending December 31,2020 and to adjust compensation. 2.3 Amendment Authority. This Amendment No. I 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. L EXHIBIT A, PAGE 4 OF 8 3,2 Renewal Term Compensqtion. Compensation for services performed by Contractor t¡nder this Agreement dtning the Third Renewal Term shall be at the rates attached hereto as Attachment "A", which are incorporated herein by this reference. 3.3 Continuin$ Etfect of Agreement. Except as amended by this Amendment No. 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. l. 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 Adeouate Consideration. The Parties hereto inevocably stipulate and agree that they have each received adequate and independent consideration for the performance ofthe obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severabilitv. If any portion of this Amendment No. I is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in firll force and eflect. [Signatures on Next Pagel 2 EXHIBIT A, PAGE 5 OF 8 SIGNATURE PAGE FOR AMENDMENT NO. I TO PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SANDERS PAVING, INC. FOR CONTRACTORFOR CITY CITY OF SAN JUAN CAPISTRANO Approved By: Manager // - tt{-tq Date Clerk Approved As To Form City Attorney P^-f -Sand er s SAND sig +Name Title {cs 1-zo-â-otg Date 3 6 1147-02100\32327546,2 EXHIBIT A, PAGE 6 OF 8 ATTACHMENT JIA" AMENDMENT NO. 1 ASPHALVCRACK SEAL/SEAL COAT MA¡NTENANCE AND REPAIR PRICING FY 2019-20,21 4 Asphalt Work - Regular Work Hours {7:30 AM TO 5:30 PMI 20t6- current s/s.F. Proposed 2OL9-2O Amendment No.1 S/s.r. Percent lncrease Comments R&R AC (4" thick) < 100 S.F.12.55 t4.45 15 lndustry, Ok R&R AC (4" thick) 101 - 250 S,F 7.20 8.50 18 lndustry, Ok R&R AC (4" thick) 251 - 400 S.F.7.r5 8.22 15 lndustrv, Ok R&R AC (4" thick) > 400 S.F.6.25 7.L9 15 lndustry, Ok Asphalt Work- Night Work R&R AC (4" thick) < 100 s.F.16.25 1_8.69 15 lndustrv, Ok R&R AC (4" thick) 101 - 250 S.F"10.75 L2.36 15 lndustry, Ok R&R AC (4" thick) 251 - 400 S.F.8.6s 9.95 15 lndustry, Ok R&R AC (4" thick) > 400 S.F.7.55 8.69 15 lndustrv, Ok Other Crack Seal L.F.1.02 L.25 28 lndustry, Ok Slurry Seal S.F..47 .52 11 lndustrv, Ok Regular Work - llourly Rate Per person, per hour 91.00 1.04.65 15 lndustry, Ok N¡ght Work - Hourly Rate Per person, per hour 136.s0 1s6.98 15 lndustry, Ok Emergency Work - Hourly Rate Per person, per hour, first two hours 112.00 135.00 2L lndustry, Ok Per person, per hour, each hour after first two hours 97.00 180.00 86 Accepted EXHIBIT A, PAGE 7 OF 8 TO MEMORANDUM DATE:October 16,2019 Ben Siegel, City Manager Steve May, Public Works and Utilities Director FROM: Rod Hamilton, Public Works Manager ''-i,T. SUBJECT:Final approval signalures for Sanders Paving Inc. Amendment l, for Asphalt Crack Seal, Seal Coat, Maintenance, and Repair Services City Council approved Amendment 1 to the Personal Services Agreement (PSA) at their October 16,2A19, meeting (via Consent ltem #88). Sanders Paving Inc. has provided asphalt paving maintenance and repair services to the City since January 1,2015. The initial three-year term of the PSA expired on December 31,2017 which also includes three additional one-year extensions. Staff executed two one-year letter extensions dated November 9,2017 and December 17 ,2078; the latter with an expiration date of December 31, 2019. Consequently, based on satisfactory performance over the past five years, staff recommended City Council approve and authorize the Cily Manager execute Amendment I (see attachment 1) to the PSA for the third and final one-year extensìon period commencing on January 1,2020, and ending December 31, 2020. The total PSA/Amendment amount shall not exceed the City's adopted fiscal year operating and capital improvement budgets. Please note that staff will be issuing an RFP in advance of the expiration of this extension. ATTACHMENTS: Attachment 1: Amendment 1 (2 copies) Co: 'l'om Toman, Jill 'l'homas, Filo EXHIBIT A, PAGE 8 OF 8