21-0119_ROSE PAVING, LLC_Maintenance Services Agreement1 61147.02100\12888815.4
`CITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this 19th day of January, 2021 by and between
the City of San Juan Capistrano, a public agency organized under the laws of the State of California
with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
(“City”) and Rose Paving, LLC, a Delaware Limited Liability Company, with its principal place
of business at 7300 W. 100th Place, Bridgeview, IL, 60455 (“Contractor”). City and Contractor are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2.RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing Asphalt, Crack Seal and Seal Coat
Maintenance and Repair Services to public clients, that it and its employees or subcontractors have
all necessary licenses and permits to perform the Services in the State of California, and that is
familiar with the plans of City. Contractor shall not subcontract any portion of the work required
by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Asphalt, Crack Seal and
Seal Coat Maintenance and Repair Services project (“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional Asphalt, Crack Seal and Seal Coat Maintenance
and Repair Services necessary for the Project (“Services”). The Services are more particularly
described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
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3.1.2 Term. The term of this Agreement shall be from February 1, 2021 to January
31, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
Upon City Staff review of satisfactory contractor performance, and by mutual written consent, the
City Manager is authorized to approve up to three (3) additional one-year term extensions at
compensation rates noted in section 3.3.1 herein.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Contractor shall also not be employees of City and shall at all times be under Contractor’s
exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall
respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public
Works, or his or her designee, to act as its representative for the performance of this Agreement
(“City’s Representative”). City’s Representative shall have the power to act on behalf of the City
for all purposes under this Agreement. Contractor shall not accept direction or orders from any
person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Jim
Muckerheide, CFO, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
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attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including any
required business license, and that such licenses and approvals shall be maintained throughout the
term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Contractor shall perform, at its own cost and expense and without reimbursement from the City,
any services necessary to correct errors or omissions which are caused by the Contractor’s failure
to comply with the standard of care provided for herein. Any employee of the Contractor or its
sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be
promptly removed from the Project by the Contractor and shall not be re-employed to perform any
of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Agreement,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
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3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with. These include
but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor
shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight
(8) hours during any one calendar day except as permitted by law. Contractor shall defend,
indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant
to the indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of any
such law during the term of this Agreement by participating in an electronic verification of work
authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and Consultants. To the same extent and under the same conditions as Contractor,
Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing
any work relating to the Project or this Agreement to make the same verifications and comply
with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to
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terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or
3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all
applicable laws, rules and regulations in furnishing or using equipment and/or providing Services,
including, but not limited to, emissions limits and permitting requirements imposed by the
California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB
limits and requirements’ application to "portable equipment", which definition is considered by
CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify
City against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors,
or others for whom Contractor is responsible under its indemnity obligations provided for in this
Agreement.
3.2.10.7 Water Quality.
(A)Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the state.
(B)Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
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defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from and against any
and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s
non-compliance with the laws, regulations and policies described in this Section, unless such non-
compliance is the result of the sole established negligence, willful misconduct or active negligence
of the City, its officials, officers, agents, employees or authorized volunteers.
(C)Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive adequate
training, as determined by City, regarding the requirements of the laws, regulations and policies
described in this Section as they may relate to the Services provided under this Agreement. Upon
request, City will provide Contractor with a list of training programs that meet the requirements
of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A)Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not contain
any exclusion contrary to the Agreement, including but not limited to endorsements or provisions
limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29);
or (2) cross liability for claims or suits by one insured against another.
(B)Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000.00 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 2503, either the
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general aggregate limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000.00
combined single limit for bodily injury and property damage; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State
of California. Employer’s Liability limits of $1,000,000.00 per accident for bodily injury or
disease. Defense costs shall be paid in addition to the limits.
(C)Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not comply
with these specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be promptly
reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from
Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D)Additional Insured. The City of San Juan Capistrano, its
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor’s and its subcontractors’ policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A)General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of San Juan Capistrano, its officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to the
Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished in connection with such work; and (2) using ISO
form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be
primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or
if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled
underlying coverage. Any excess insurance shall contain a provision that such coverage shall also
apply on a primary and noncontributory basis for the benefit of the City, before the City’s own
primary insurance or self-insurance shall be called upon to protect it as a named insured. Any
insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute
with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any
available insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds pursuant to this Section
3.2.11.3(A).
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(B)Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed
by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers,
employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(B).
(C)Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D)All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure
to comply with reporting or other provisions of the policies including breaches of warranties shall
not affect coverage provided to the City, its officials, officers, employees, agents and volunteers,
or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its officials, officers, employees, agents, and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and
shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officials, officers, employees, agents, and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
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3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve different
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.13 [RESERVED]
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date
of final payment under this Agreement.
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3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed
UNIT PRICES NOTED IN EXHIBIT “C” AND NOT TO EXCEED THE AGGREGRATE
AVAILABLE FUNDING AMOUNT IN THE OPERATING AND CAPITAL IMPROVEMENT
BUDGET. Additional renewal term extensions, if exercised, may be subject to a maximum
adjustment equal to the All Urban Consumer Price Index (CPI-U), October to October of the prior
year. Extra Work may be authorized, as described below, and if authorized, will be compensated
at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Contractor.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.5 California Labor Code Requirements
a.Contractor is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section
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1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b.If the Services are being performed as part of an applicable “public
works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. Contractor shall maintain registration for the duration of the
Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing,
the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall
not apply to work performed on a public works project that is exempt pursuant to the small project
exemption specified in Labor Code Sections 1725.5 and 1771.1.
c.This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Contractor or any subcontractor that affect
Contractor’s performance of Services, including any delay, shall be Contractor’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Contractor caused delay and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not terminate this Agreement except
for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
12 61147.02100\12888815.4
Contractor:
Rose Paving, LLC
7300 W. 100th Place
Bridgeview, IL 60455
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors
or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees and
attorneys’ fees and other related costs and expenses.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other
proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs,
including expert witness fees. Contractor shall reimburse City and its officials, officers, employees,
agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to
indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials officers, employees, agents, or
volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Orange County,
13 61147.02100\12888815.4
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Contractor. If no such Government Code claim is submitted, or
if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the Parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its
officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by
the Parties.
14 61147.02100\12888815.4
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no official, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an action
for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the
prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an
amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 City to Enter Agreement. Contractor has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.19 Federal Provisions. [RESERVED]
[SIGNATURES ON NEXT PAGE]
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EXHIBIT “A”
Scope of Services
Asphalt, Crack Seal and Seal Coat Maintenance and Repair Services
General Conditions:
1.Unless otherwise noted herein or approved by the Director of Public Works, or authorized
representative, work shall be performed between the hours of 7:00 a.m. to 5:30 p.m.,
Monday through Friday. Alternate hours of work may occur, with approval from the
Director of Public Works, or authorized designee.
2.Hourly rates for emergency work shall be for actual time spent on the job site. No travel
time will be paid.
3.The Proposal will be awarded based on an analysis of Proposal Prices (for normal work
rates, not emergency work rates); Statement of Experience, Statement of Equipment, List
of Sub-Contractors/Vendors and all provisions noted in the Instructions to Proposers and
General and Special sections noted herein.
4.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.
5.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.
6.All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
7.Contractor must be able to provide a list of employee’s names, dates worked and hours
worked on each date, if requested by the City.
8.Contractor shall use and furnish all personnel, equipment and materials necessary for the
satisfactory performance for all Asphalt, Crack Seal and Seal Coat Maintenance and Repair
Services noted herein.
(a)Contractor shall require their employees to present a neat appearance at all times
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 Director of Public Works, or authorized representative, the
Contractor, when notified in writing, shall cause that employee to be removed and
replaced by a satisfactory employee.
(b)Contractor shall require each employee to adhere to basic industry standards for
related working attire. Working attire shall include appropriate uniforms, with the
17 61147.02100\12888815.4
Contractor's company name or insignia clearly visible, proper shoes and other gear
required by State Safety Regulations.
(c)Contractor shall supply employees with the skills to perform all aspects of the work
noted in this RFP/agreement/Scope of Services.
(d)Supervisors/Foremen shall have a minimum of five (5) years of experience in the
field of asphalt and street repairs.
(e)Contractor and its employees will be required to possess a valid and current
California Driver License, including all insurances, as required by the City.
(f)Contractor and its employees shall have specific knowledge related to public streets
and asphalt service industry, including suitable experience in the field to perform
the required work in a safe and thoughtful manner as well as follow oral and written
communications in English.
(g)Contractor shall, at all times while servicing city streets, parking lots, alleyways
and bike paths, display the name of their firm on all vehicles used by the
Contractor's employees. The firm name shall be in letters large enough to be easily
legible from a distance of fifty (50) feet during the course of their work.
(h)All equipment used by the Contractor shall be kept in a neat and clean appearance
and maintained in top mechanical condition. All equipment shall be properly
adjusted, from an operational safety standpoint.
(i)The City may provide a reasonable amount of space for storage of the Contractor’s
equipment and materials. The space may be designated by the Director of Public
Works, or an authorized representative. Contractor shall be limited to the space as
designated. Contractor shall be responsible for maintaining this area and shall
return it to its original condition at the end of the contract. The City shall not be
responsible for anything stolen, vandalized or damaged otherwise.
(j)Contractor is required to provide such adequate supervision as to furnish ongoing
supervision of workmanship and adherence to schedules by the employees
performing the work. The Supervisor shall meet with the Director of Public Works,
or authorized representative, on a weekly basis, regarding (1) schedule of work; (2)
complaints, and (3) adequacy of performance. The Contractor shall submit such
reports as the City may require ensuring compliance with scheduled work.
Generally, the Contractor’s Supervisor shall be onsite while work is in progress.
(k)Contractor is required to provide the City at all times throughout the duration of
this contract emergency telephone numbers of at least two (2) qualified persons
who can be called for emergency conditions at any time that Contractor’s
representatives are not immediately available at the job site. An alternate
emergency number shall be provided in case no answer is received at the first
number. The emergency number shall be used to contact the representative of the
Contractor who can take the necessary action required to alleviate an emergency
condition which threatens to cause damage to any City property.
18 61147.02100\12888815.4
(l)Contractor shall employ person(s) to answer telephone and e-mail complaints,
requests for service, etc. (an answering service will not be considered sufficient for
this purpose) during normal City working hours.
(m)Contractor is required to provide the City with a 24-hour emergency number for
contact outside normal working hours. The response to an emergency call-out by
the Contractor shall not be more than two (2) hours and shall be considered part of
the normal contract except when delayed by problems caused by vehicle accidents
or Acts of God.
(n)Contractor is required to provide the City with one (1) copy of an “Emergency
Medical Facility Designation and Procedure Sheet” before a contract is awarded.
On this sheet, the successful proposer must designate a twenty-four (24) hour
emergency medical facility to provide emergency medical treatment/care in the
event of injury to any of the Contractor's employees. It will be the responsibility of
the Contractor's Supervisor/Foreman to transport or make arrangements for the
transportation of any injured employee to and from the designated emergency
medical facility or any similar medical facility.
(o)Surface or other waters may be encountered at various times. Contractor, by
submitting a proposal, acknowledges that they have investigated the risks arising
from surface or other waters and has prepared their proposal accordingly. It shall
be 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 surface or
other water, the Contractor shall repair such damage at their expense.
(p)Contractor shall comply with all City regulations regarding NPDES (National
Pollution Discharge Elimination System) Requirements and the City’s 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.
(q)Contractor must take all due precautionary measures to protect all existing utilities
and other underground structures. When necessary, the Contractor shall have all
utilities and structures located by contacting the responsible agency at least 48
hours prior to commencing any work. The Contractor's attention is directed to the
utility notification service provided by Underground Service Alert (USA). USA
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 USA (1-800-422-4133).
(r)Contractor shall protect all public and private property and facilities adjacent to,
and within all work areas. After completion of project, all work areas shall be clean
and in a presentable condition. All public or privately owned improvements and
facilities shall be restored to their original condition and
19 61147.02100\12888815.4
location. In the event improvements of the facilities are damaged, they shall be
replaced with new materials equal or better than original. Contractor shall repair
such damage at their expense.
(s)Contractor shall comply with the most current City and SCAQMD equipment and
related air quality rules, regulations, ordinances and statutes. Generally, the
Contractor shall not discharge smoke, dust or any other air contaminants into the
atmosphere in such quantity or form that may violate the regulations of any legally
constituted authority.
Description of Deficiencies:
1.Performance deficiency. Examples include: failure to comply with conditions,
specifications, reports, schedules and/or directives from the Director of Public Works or
authorized representative. May result in a deduction of up to $500 per instance per day.
2.Failure to provide adequate equipment in compliance with City specifications and/or as
requested by the Director of Public Works or authorized representative may result in a
deduction of up to $500 per instance per day.
3.Failure to protect public health and/or correct safety concerns. These include, but are not
limited to monitoring City property for hazards, responding to emergencies. May result in
a deduction of up to $500 per occurrence.
The following format/form shall be used for notification to the Contractor: (see pg. 20)
20 61147.02100\12888815.4
PERFORMANCE DEFICIENCY DEDUCTION
Asphalt, Crack Seal and Seal Coat Maintenance and Repair Services
Notification to:
Date: Time: Method:
The following performance deficiency has been observed and requires immediate attention to correct.
Location:
Value of Deduction: $
City representative to check deficient items and comment (if applicable) below:
1. Performance deficiency. Deduction of up to $500 per instance per day.
2. Failure to provide adequate equipment. Deduction of up to $500 per instance per day.
3. Failure to protect public health and/or correct safety concerns. Deduction of up to $500 per occurrence.
4. Other:
Comments:
Initiate the necessary corrective action(s) and notify the Director of Public Works, or authorized representative, when complete for
re-inspection.
Authorized Representative Public Works Manager
Director of Public Works
21 61147.02100\12888815.4
Special Provisions:
Performance, Materials, equipment, supplies to be provided by Contractor:
The Contractor, at their expense, shall furnish all necessary equipment, supplies, and materials of
acceptable industry quality and in amounts/volume necessary to fulfill each project area’s scope
of services (i.e. the work).
Licenses:
During the entire term(s) of the agreement, Contractor must possess the following licenses:
•State of California Class A,B or C driver’s license(s), as applicable
•State of California Contractor Class A General Engineering or C-12 Earthwork and Paving
•City of San Juan Capistrano business and vendor license (see attachments #2 and #5)
Construction Water:
On a case by case basis, the Contractor may be required to obtain and pay for all fees associated
with water for construction purposes. The Contractor shall be responsible to separately pay and
make proper arrangements for metering from the appropriate water agency (at the time of this RFP,
the City of San Juan Capistrano, Utilities Department). Contractor shall provide all necessary
piping, backflow, and appurtenances to supply water for the work area.
Exhibit “C” Compensation item No. 1 - Mobilization:
Mobilization by the Contractor shall consist of all preparatory work (including USA alerts and
markings) and operations including, but not limited to, those necessary for the movement of
personnel, equipment, materials and incidentals to the project site necessary for work on the
project, and for all other work and operations which must be performed or costs incurred
including bonds, insurance and financing prior to beginning work on the various contract
items. Mobilization shall also include the time, materials, and labor to move the necessary
construction equipment to and from the job site, supervisory time on the job by the
Contractor’s personnel to keep the construction site in safe condition and all other related
work as required at all times and for all non- working days during the construction period.
The Contractor is responsible for securing an adequate storage site for equipment and
materials. Mobilization shall be per work cycle/project area.
Temporary drainage inlet protection shall be constructed, maintained, and removed at drainage
inlets as required downstream of the project boundaries and within the project limits. Temporary
drainage inlet protection shall be one of the water pollution control practices for sediment control.
Under no circumstances shall construction runoff enter the storm drain system without adequate
controls in place to capture and trap sediment. Throughout the duration of the project the
Contractor shall provide protection to meet the changing conditions around each drainage inlet.
Temporary drainage inlet protection shall be installed such that ponded runoff does not encroach
on the traveled way or overtop the curb. Gravel-filled bags shall be placed to control
22 61147.02100\12888815.4
ponding and prevent runoff from overtopping the curb. Temporary drainage inlet protection shall
be maintained to provide sediment holding capacity. Temporary drainage inlet protection shall be
repaired or replaced as needed. Sediment deposits, trash, and debris shall be removed and hauled
away as needed or when directed by the project inspector. Removed sediment shall be deposited
within the project limits so that the sediment is not subject to erosion by wind or by water. Trash
and debris shall be removed and hauled offsite. Gravel-filled bags shall be replaced when the bag
material ruptures or when the binding fails. Geotextile fabric shall be removed and replaced when
torn. The fabric shall also be replaced with clean fabric when odors from stagnant, ponded water
are present.
NOTE: Percentage based unit price shall be per each work cycle/project area. To the extent
possible, the City will endeavor to group as many work/project areas into the same general
location.
Exhibit “C” Compensation item No. 2 - Traffic Control:
During all daytime or nighttime phases of the work, the Contractor shall be responsible for
providing all traffic control measures, plans, devices and personnel to accommodate and protect
the public’s safety, health, welfare and convenience. The Contractor’s work shall be conducted in
a manner as to cause as little inconvenience as possible, to adjacent property owners and the
traveling public. Convenient access to affected driveways shall be maintained at all times.
Temporary No Parking signs, where applicable and as directed by the City, shall be installed by
the Contractor and at no additional cost to the City.
Additionally, as part of the work and related traffic control requirements, the Contractor shall
provide temporary pavement striping (e.g. paint or tabs), as may be required.
The Contractor shall use and follow Work Area Traffic Control Handbook (WATCH) or
CalMUTCD traffic control requirements. The City shall first approve all TCP’s (Traffic Control
Plans), prior to beginning any work.
NOTE: Percentage based unit price shall be per each work cycle/project area. To the extent
possible, the City will endeavor to group as many work/project areas into the same general
location.
Additionally, where and when applicable, the Contractor shall obtain necessary permits from
Caltrans. The Contractor must complete all related forms and paperwork for a Caltrans Permit, and
pay all associated fees. Caltrans permit fees may be compensated by the City plus 10%, on a case
by case basis.
Exhibit “C” Compensation item No. 3 - Changeable Message Signs (CMS):
As required, the Contractor shall provide changeable message sign(s) (CMS). The Director of
Public Works, or designee, will assist with determining exact placement and location, and will
provide appropriate messages to be programmed into the CMS. Messages shall be updated by the
Contractor, as necessary, at no additional cost to the City. The Contractor, at no additional
23 61147.02100\12888815.4
cost to the City, shall move/relocate the CMS to any alternate work related location as requested
by the City.
Exhibit “C” Compensation item No. 4 – Vertical saw cut for pavement removal(s):
If/when required by City and prior to removing designated pavement, the Contractor shall vertical
saw cut designated areas. Vertical saw cuts shall be done with caution, so as to not damage adjacent
pavement and other appurtenances/improvements. The Contractor shall saw cut all perimeters
which outline and designate pavement repair/patch areas. The Contractor may utilize previous saw
cuts if they are still uniform, without edge failures. The Contractor shall anticipate that the
pavement thickness will vary, depending on the location of each work area, and shall saw cut to
the depth as required by the City.
The Contractor will not be allowed to sawcut/remove more than one-half the roadway width at any
given time. The Contractor may be required to post “No Parking” signs on each street 72 hrs. prior
to saw cutting/removal and shall hand-out City approved notices to each residence or business,
one week prior to beginning saw cutting.
NOTE: In some situations/scenarios, traffic signal sensor wires may need to be cut or temporally
removed. Prior to saw cut, the Contractor shall coordinate its work schedule with the City. In most
all circumstances, the City’s existing traffic signal contractor will make appropriate repairs and
facilitate traffic signal timing/outages. Generally, there will be no additional cost reimbursements
to the Contractor for coordinating with the City. The City will endeavor to accommodate the
Contractors preferred work schedule.
Exhibit “C” Compensation item No. 5 - Remove and properly dispose of existing pavement and
base/subgrade materials:
In cases where vertical saw cuts are not required by City, the Contractor shall instead, utilize
current industry approved equipment (e.g. slot cut, mill/grind) that produces acceptable vertical
cuts (as approved by City) between adjacent and removed asphalt. The Contractor shall then
properly remove and dispose of designated pavement and any base or subgrade materials to
accommodate the work related depth, using equipment that does not damage adjacent pavement
or other appurtenances/improvements. Areas of adjacent pavement or other
appurtenances/improvements that are inadvertently damaged during removal(s), shall be
repaired/replaced per the City’s direction and at no additional cost to the City.
In most all situations/scenarios, the Contractor shall complete pave-back of all excavated/removal
areas, by the end of the same working day. NOTE: Alternate temporary pavement or traffic-rated
steel plating may be approved by the City and will be paid separately, on a case by case basis.
The Contractor may also be required to post “No Parking” signs on each street 72 hrs. prior to
removal and shall hand out City approved notices to each residence one week prior to removal
street sections.
24 61147.02100\12888815.4
NOTE: In some situations/scenarios, traffic signal sensor wires may need to be cut or temporally
removed. Prior to slot or mill/grind, the Contractor shall coordinate its work schedule with the
City. In most all circumstances, the City’s existing traffic signal contractor will make appropriate
repairs and facilitate traffic signal timing/outages. Generally, there will be no additional cost
reimbursements to the Contractor for coordinating with the City. The City will endeavor to
accommodate the Contractors preferred work schedule.
Exhibit “C” Compensation item No. 6 - Install and compact Class 2 base material, optional:
As required/optional, due to over excavation and/or removal of unsuitable base or subgrade
materials, the Contractor shall place and compact certified Class 2 (R=78, Gf=1.1) aggregate base
material over suitable subgrade. This item may not be used; however, the Contractor shall have a
readily available stockpile of certified Class 2 material, Caltrans specification.
Exhibit “C” Compensation item No. 7 - Apply tack coat to vertical saw cut surfaces:
Prior to HMA patch-back, tack coat shall be applied to all vertical saw cut or mill/grind surfaces.
And, prior to applying tack coat, all surfaces shall be free of water, dust, or foreign material. Tack
coat shall be PG 64-10 Grade SS-1h (or equal), and shall be applied uniformly to all portions of
all surfaces. Tack coat over-spray on gutters, sidewalks or spandrels shall be removed at no
additional costs to the City.
Exhibit “C” Compensation item No. 8 - Install full depth HMA at removal locations:
Newly installed asphalt concrete shall be laid down using current industry approved paving
equipment. Newly installed asphalt concrete shall be hot mix asphalt (HMA), Type III-C2-PG 64-
10 R-0 and shall be properly compacted by breakdown roller vibratory steel drum or other
approved compaction device BEFORE HMA temperature drops below 240° F. Intermediate
and/or finish rolling compaction shall occur BEFORE HMA temperature drops below 175° F.
Typically, asphalt shall be installed in 3”- 4” lifts, with each lift compacted as noted herein and to
a target density of 100%. Alternate lift thickness may be installed, as first approved otherwise by
the Director of Public Works or authorized designee. Generally, in most all locations, a minimum
of 6” full depth HMA will be required.
New HMA installation temperature parameters shall be as follows:
•Ground AND Ambient air temperatures between 50° and 90° F.
•HMA laydown temperature between 275° and 300° F.
Prior to installing new HMA, the Contractor shall supply the City with valid, current HMA batch
tickets from the vendor/source. Batch tickets shall clearly list all batch production dates, elements,
components and materials. Invalid or questionable batch tickets, and improper lay down
temperatures, will be cause for rejection and may delay the work area/project, at no extra cost to
the City.
25 61147.02100\12888815.4
Unless approved otherwise by the City, the Contractor shall complete pave-back of all
work/excavated areas by the end of the same working day and as required, provide temporary
striping (paint or tabs) at no additional cost to the City.
NOTE: Generally, finish grades of newly placed HMA will not vary from existing finish grades.
Consequently, all types of appurtenance lids/covers shall be protected in place and be properly re-
exposed to reflect previous conditions and finish grades. The cost to do so shall be included in the
unit price for newly installed HMA (CUPS No. 8). Otherwise, if further adjustment is required,
the Contractor shall adjust per the City’s direction and be separately compensated for all materials,
labor and equipment necessary to do so.
Exhibit “C” Compensation item No. 9 thru 11 – Re-install replacement/permanent striping as
needed:
Where required, the Contractor shall, as soon as possible but no sooner than one full working day,
re-install replacement/permanent striping at a minimum of 15 mills wet application rate,
w/reflective glass beads, using Ennis Flint, Vista or equal traffic rated paint. Line widths may vary
but are generally 4”, 6” and 12” wide and are generally yellow or white in color.
Exhibit “C” Compensation item No. 12 – Re-install replacement/permanent legends and
symbols as needed:
Where required, the Contractor shall re-install replacement/permanent legends (e.g. STOP, RR
Xing, School, arrows, ONLY, etc.) using the same type of paint noted herein for striping.
NOTE: In some situations/scenarios, the City may decide to use thermoplastic and if so, materials
and installation will be paid separately, on a case by case basis.
Crack seal and slurry coat:
On a case by case basis, the Contractor may also be required to provide crack seal and slurry coat
services within public streets or parking lots (including restriping). Prior to the actual time-of-
need, the City will specify materials and locations and coordinate with the Contractor.
Costs for crack seal and slurry coat projects shall be negotiated at the time-of-need, and paid
separately. Consequently, there is no specific compensation unit price item included in this RFP.
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Acceptance of Work:
The Director of Public Works, or authorized designee, will make inspections and determine the
work has been completed in accordance with all specifications noted herein. Upon acceptance by
the City, the Contractor shall execute and return the warranty form include herein.
Warranty:
WARRANTY FORM
City Project No.
We hereby guarantee to the City of San Juan Capistrano the work that we have constructed for a
period of two (2) years after the date of acceptance.
We further agree that if any of the equipment should fail due to any reason other than improper
maintenance or improper operation, if any pipe or appurtenances should develop leakage, or if any
settlement of fill or backfill occurs, or should any portion of the work fail to fulfill any of the
requirements of the Specifications, we will, within five (5) days after written notice of such defects,
commence to repair or replace the same together with any other work which may be damaged or
displaced in so doing.
In the event of our failure to comply with the above mentioned conditions within a reasonable time
after being notified, or should the exigencies of the case require repairs or replacements to be made
before we can be notified or respond to notification, we do hereby authorize the City of San Juan
Capistrano to proceed to have the defect repaired and made good at our expense, and we will pay
the cost therefor upon demand.
The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or
other obligations otherwise imposed by the Contract Documents and by law.
Dated: , 20
Contracting Firm
By:
Title
Address
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Billing, Records and Reports:
Contractor shall maintain a record of all work performed, including but not limited to location and
types and amounts maintained/installed/removed. This record shall list the date(s) of the service
and/or work performed. A copy of such record shall be provided to the Director upon completion
of each work order. The contractor shall return appropriate and completed work orders showing
the date and inventory of work performed and it shall be attached to each invoice. Contractor shall
provide a billing form and progress payment form approved by the Director or authorized
representative.
Upon submittal of an invoice for work completed by the Contractor, the Director/City shall pay
net 45 days, unless otherwise agreed upon by the Director/City and the Contractor.
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EXHIBIT “B”
Schedule of Services
Service dates: Generally, during regular weekday working hours and/or afterhours, as
needed.