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$ary. lf Contractor failsto correct within 24 hours, Contractor shall be fined the amount previousJy determined
at the time of the initial inspection. Deductíons from the monthly payment due, for work
not performed, will be based upon the bíd worksheets, which aie.to"be submitted at the
time of bid.
Meetinq.q
Contractors shall provide the Public Works and Utilities Director or authorized
representative with a contact person(s) and a phone number to reach the contract
representative at all times, 24 hours per day.
Contractor shall appoint and identify to Public Works and Utilities Director or authorized
representative a "site supervisor." This site supervÍsor shall meetwith staff one (1) timeper week at a time and place agreed upon by both parties for as long as the contract isin effect to discuss any problemsiconcerns which may arise and-any goals for the
day/week.
ATTACHMENT 2, PAGE 17 OF 35
STANDARD PLAN DRAWINGS
ATTACHMENT 2, PAGE 18 OF 35
TYTffiLCUT ORSAWCI¡r
z,
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g
(,)
aâ
RBPI¡dì,CE4PNT PÅVEME¡ÙT
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zoN
EEDDINC I\4Æ[8RI,ÀL.* PER SUBSECIIO}-Í
306 . I,2.t OFTÊE SIAI'¡DARD STEffËICAflON
MIN. S-8, =3t,COMPACTSD TgTfiË
S¡qÍISFACTION OF TltB tIÍY
ENOINBER. SEENSTB1.
IINE
¡ WI|ICTIEVÊR IS LESS BUT
NÛT I ËSS T}IAN.35
M:{|[ERIAL B I D/10 BUT ¡\ûT
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O&CONCRETE AGCRECATE.MAX
NO.2.
EXISTS¡O STRHET TRffC}I ÐEIÀIL
SEE SHRST2FORNOTES
City of San Juan fi.ano
REVTSIONS
EXCAVATTON AND RESURFA .-ING
STANDARD
,4 7t2AÊ5
700
STA,NDARD
PI-A¡YNO.
ATTACHMENT 2, PAGE 19 OF 35
NOT]iS:
1. ALLEXCÄVÁrto'
ffi #ffiHffi ffiffii$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{.
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3'MIN.Å
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.i,MIN.
5
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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)
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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. CÂ 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