07-0703_OLIVER MAHON ASPHALT INC_Action Reminder0 A
CITY CLERK'S DEPARTMENT -ACTION REMINDERFAer r K10 1R CQ
1-A3 kU1
TO: Douglas D. Dumhart, Economic Development Manager
FROM: Christy Swanson, SemmtwZ pjz Yf v,3 ` pt`C DATE: December 1, 2007
SITUATION:
On July 3rd, 2007, the City of San Juan Capistrano entered into a Personal Services
Agreement with Oliver Mahon Asphalt Inc to repave the Capistrano Depot North Parking Lot
ACTION REQUESTED:
This Agreement Shall Commence on the effective date of this Agreement and services
required hereunder shall continue until notified that said services are no longer required and
with a minimum of 15 days notice.
Check on status of agreement on December 1, 2007
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TTAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: )04oo
DATE SIGNED:
'FOR CITY CLERK'S DEPARTMENT USE ONLY"'
Tickler Date: 12/01107
Deadline Date: 12101107
(600.30/0liver)
Ak
CARORNIA 20 — DAY PRELIMINARIONOTICE
FOR USE ON PRIVATE AND PUBLIC WORKS -IN ACCORDANCE WITH SEC. 3097, 3098, AND 3111,
CALIFORNIA CIVIL CODE. TO BE USED BY SUPPLIERS, MATERIALMEN, ENGINEERRS, ARCHITECTS,
SUBCONTRACTORS, AND OTHERS SUPPLYING LABOR, SERVICES OR EQUIPMENT MATERIALS, ETC.
You are hereby notified that the undersigned has furnished or will furnish labor, equipment, material, or
services of the following description:
FURNISH, DELIVER & INSTALL PAVING FABRIC WITH ASSOCIATED HOT PAVING ASPHALT
TACK.
FROM CLAIMANT: (NAME & COMPLETE ADDRESS)
Continental Western Transportation
PO Box 26636
San Diego CA 92196
AUTHORIZED AGENT OR CLAIMANT SIGN HERE
Brenda Pyle, Office Administrator
Name and Title of Claimant
To Construction Lender or Reputed Construction Lender:
NONE REPORTED
To Owner or Reputed Owner, or Public Agency:
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
To Original Contractor or Reputed Contractor:
OLIVER MAHON ASPHALT, INC.
182 WELLS PLACE
COSTA MESA, CA 92627
To Subcontractor With Whom You Have Contracted:
OLIVER MAHON ASPHALT, INC.
182 WELLS PLACE
COSTA MESA, CA 92627
To Surety On Prime Contract Payment Bond (If any):
UNKNOWN
CONSTRUCTION:
N
(NAME OR DESCRIPTION OF PROJECT, 3*REET c
ADDRESS, LOT AND TRACT NUMBERS(f ANY):
26701 VERDUGO y�
177
SAN JUAN CAPISTRANO, CAz�"'
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CONTRACTOR'S OR SUBCONTRACTf1WS JOB NWABERv
(IF ANY): 74 Z
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NOTICE TO PROPERT OWER (S):
If bills are not paid in full for the labor, services,
equipment or materials furnished or to be furnished, a
mechanic's lien leading to the loss, through court
foreclosure proceedings, all or part of your property being
so improved may be placed against the property even
though you have paid your contractor in full. You may wish
to protect yourself against this consequence by (1) requiring
your contractor to furnish a signed release by the person or
firm giving you this notice before making payment to your
contractor or (2) any other method or that is appropriate
under the circumstances.
Note: This is not alien on your property but a notice required by law to
alert you to the possibility of liens being filed in the future if all
parties who furnish labor and materials to your job are not paid in
full.
NOTICE: An estimate of the wal price of the labor, services, equipment
or materials famished is: 6,500.00
Date: October 3, 2007
PROOF OF SERVICE AFFIDAVIT
I, Brenda Pyle
declare that I served copies of this Preliminary Notice by First Class
Certified Mail service, return receipt requested, postage prepaid,
addressed to each of the addresses on this form on
I declare under penalty of perjury that the foregoing is true and correct.
Signed at San Diego, California October 3, 2007
(Signature and title of person making service) oif ieE ADmansTRAToR
ASSOCIATED SEADY NIXED
COWS=
4621 TE11MR AVB, SUITE 130
NENPORT B6RCR, G 92660
Vis]
III III 111111111111111
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71@1 6309 2640 556.5 2425
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URN RECEIPT REQUESTED
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�,OPtFS POS}'it`
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02 1" $ 05.210
0004803143 0CT O1 2007
MAILED FROM ZIP CODE 92660
U Q CITY OF SAN JUAN CAPISTRANO
} _ :32400 PASEO ADELANTO
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U SAN JUAN CAPISTRANO CA 92675
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PRELIMINARY 20 -DAY NOTICE
(California Cavil Code Section 3097, 3098, 3111 & 3252 et Seq.)
THIS IS NOT A LIEN. THIS IS NOTA RiFFLECTIOAI ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACyVR
**** GENERAL CONTRACTOR *+**
OLIVER MAHON ASPHALT INC
182 WELLS PLACE
COSTA MESA CA 92627
Certified No.: 71006309264055E5242E
** OWNER/REPUTED OWNER/ PUBLIC AGENCY **
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
Certified No.: 71006309269055652925
**** LENDER / SURETY +***
Certified NO.: 71006309264055652425
***+ CUSTOMER ****
BETA CONST
A/P-MARTHA
1415 E 3RD ST #100
POMONA CA 91766
Certified No.: 71006309264055652425
You are hereby notified that ASSOCIATED READY MIXED CONCRETE has furnished or will furnish labor, service, equipment or material of
the following general description: for building stricture or otter rook of improvement known as: LAGUNA HILLS / SAN JUAN CAPISTRANO
located at: 26701 VERDUGO , SAN JUAN CAPISTRANO The name of the person or firm who contracted for
the purchase of such labor, services, or material is BETA CONST Estimated Price: $6,000.00
NOTICE TO PROPERTY OWNER
If bills aro not paid in full for the labor, services, oquipm®t or astarials furnished or to be furnished, a zachanic's lion leading
to tbo lose, through court forsalosuro proosadings, of all or part of your property being so ivprovod "Y to placed against the
praparty oven though you have paid your contractor >n full. You may wish to protect yourself against this coueaquasce by 1) Raquizing
Your contractor to furnish a signed release by the Orson or firs, giving you this notice before z ing Payzant to your contractor, or
(2) Any othar "thud oz devics that is appropriate undar the circusetau...
OT THAN RESIDENTIAL HOAMORRRS OF DWELLINGS 0001'%INING FEWER TWIN FIVE UNITS, PRIVATE PAO.IBCT OWNERS MUST NOTIFY THE OR10111AL
CONTRACTOR ARD ANY LIZM CIASNART WHO HAS F I%tD THE O WITR A FPF.LIMINARY 20-DA1 LIEN NOTICE IS ACCORDANCE WITH SECTION 3097
OF THR CML CODE THAT A NOTICE OF COWLETIpN OR NOTICE OF CESSATION HAS SEEN RECORD® WITHIN 10 DAYS OF ITS RECORDATION. NOTICE
Sfl V NR BY REGISTpiED NAIL, CERTIFIED NAIL, OR FIRST CLASS HALL, EVIDM= BY A CERTIFICATE OF NAILING. FAILARE TO NOTIFY RILL
EB1'QW THE OEADLINRS TO REGARD A LIEN. (949) 253-2800
ASSOCIATED READY MIXED CONCRETE, Ili Dated: Oct -01-2007 IIIIII IIIIII IIIIIIIiiIIIIII IIIINII�IIII
4621 TELLER AVE, SUITE 130 INI INI I{
NEWPORT BEACH, CA 992660 VIA CERTIFIED MAIL:
71006309269055652925
CALIFO ARY 20 -DAY NOTICE(Private Work)
CALIFORNIA Civil Code Section 3097,3098,3111,3241,and 3252 et Seq.
THIS IS NOT A LIEN. THISIMltP 1%RfkFI EgTION OF ANY CONTRACTOR OR SUBCONTRACTOR.
TO OWNER
Printed for:
Notice requested by and return to •
Wer
Customer:OL� MAHON
Beta Construction, Inc.
Project: Verdugo Bus Depot
1415 East 3rd St
Can No:
Pomona, CA 91766 Job# 3992
Return receipt requested
CALIFO ARY 20 -DAY NOTICE(Private Work)
CALIFORNIA Civil Code Section 3097,3098,3111,3241,and 3252 et Seq.
THIS IS NOT A LIEN. THISIMltP 1%RfkFI EgTION OF ANY CONTRACTOR OR SUBCONTRACTOR.
TO OWNER
1.
The following is a general description of the labor, service,
OR REPUTED OWNER
equipment or materials fumished or to be furnished by the
CITY OF SAN JUAN CAPISTRAMNJUANCAPi,�}r;.;;;
undersigned:
Asphalt, concrete, sealcoat, of striping.
32400 Paseo Adelanto
2.
Estimated Price: $17500
San Juan Capistrano, CA 92675
3.
The name of the person who furnished that labor, service,
Ph Fax
equipment or material is:
Contract# 27515
Beta Construction, Inc.
1415 East 3rd St
TO ORIGINAL CONTRACTOR
Pomona, CA 91766
OR REPUTED CONTRACTOR
Christine Gauthier, Office Manager
OLIVER MAHON
4.
The name of the person who contracted for purchase of that
labor, service, equipment or material is:
182 WELLS PLACE
OLIVER MAHON
costa mesa, CA 92627
Bino Mc Mann
Ph o Mc Man Fax 949-548-194
182 WELLS PLACE
costa mesa, CA 92627
TO LENDER, SURETY
Ph 949-548-6398 Fax 949-548-1947
5.
The description of the job site is:
Verdugo Bus Depot
26701 verdugo
san juan capistra, CA
VERIFICATION
I declare that I am authorized to file this PRELIMINARY 20 -DAY NOTICE on behalf of the claimant. I have read the foregoing document and
know the contents ther f; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California
that foregoing is t ea correct. Executed at Pomona, CA on 9/20/2007 for Beta Construction, Inc..
Ba .>s Phone 909.620.7300 Fax 909.629.5104
Christine Gauthier, Office Manager
PROOF OF SERVICE BY MAIL AFFIDAVIT
I declare that I served copies of the above PRELIMINARY 20 -DAY NOTICE by First Class Certified and/or Return Receipt Requested or
Registered Mail Service, postage prepaid, (as required by law) addressed to each of the parties at the addresses shown above on 912012007
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Pomona, CA on
9!2011007 for Beta Constfuctiorh Inc..
By: �p� hJ , hone 909.620.7300 Fax 909.629.5104
hristine Gauthier, Office Manager
NOTICE TO PROPERTY OWNER
ff bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanics' lien
leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be
placed against the property even though you have paid your contractor in full. You may wish to protect yourself against
this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this
notice before making payment to your contractor, or (2) any other method or device that is appropriate under the
circumstances. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,
PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS
PROVIDED THE OWNER WITH A PRELIMINARY 20 -DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE
CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS
OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL,
EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A
LIEN.
0 0
PERSONAL SERVICES AGREEMENT
3 -01
THIS AGREEMENT is made and entered into this 6th day of 007, by and
between the City of San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Oliver Mahon Asphalt Inc.
RECITALS:
WHEREAS, Agency desires to retain the services of Consultant regarding the
Agency's proposal to repave the Capistrano Depot North Parking Lot; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Agency shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required and with a minimum of 15 days notice.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
thirty-seven thousand six hundred forty-seven dollars ($ 37.647.00 ), as set forth in Exhibit
"B," attached and incorporated herein by reference.
3.2 Method of Payment.
The Agency shall submit monthly invoices based on total services which
have been completed.
C!DRA
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Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency for the acts and omissions of its subcontractor as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships
between any subcontractor and Agency. All persons engaged in the work will be
considered employees of Consultant. Agency will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the Agency, the Parties 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 Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work underthis Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by Agency, it shall immediately inform Agency of this and shall not
proceed with further work under this Agreement until written instructions are received from
the Agency.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
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of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant 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 Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to Agency
at least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the Agency shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the Agency.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Agency. All such
reports, information, data, and exhibits shall be the property of the Agency and shall be
delivered to the Agency upon demand without additional costs or expense to the Agency.
The Agency acknowledges such documents are instruments of Consultant's professional
services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for damages arising from the negligence,
recklessness, or willful misconduct of Consultant in Consultant's performance of tasks
under this agreement.
Section 14. Insurance. Insurance required herein shall be provided by Admitted
Insurers in good standing with the State of California and having a minimum Best's Guide
Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
M
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Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the Agency's General Counsel for certification that the insurance requirements
of this Agreement have been satisfied.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
4
premium.
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14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
Agency and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If 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 16. Notice.
All notices shall be personally delivered or mailed to the below listed 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
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Oliver Mahon Asphalt, Inc.
Attn: Beano McMann
182 Wells Place
Costa Mesa, CA 92624
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
0 0
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Aareement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, City Clerk
AS TO FORM:
0 �r
John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By:
- Mak Nelsen, Chairin
CONSULTANT
7
0
0
Capistrano Depot North
Parking Lot Scope of Work
Please quote each Phase separately and each line item separately.
Phase I - City Obligation (Drive -aisle only)
➢ Remove all three existing speed bumps.
➢ Remove and replace concrete swale entire length of parking lot. At the
southern end remove the 900 elbow in the concrete swale and install a new
450 bend in concrete swale to match flow line.
➢ Remove or Grind 2" deep - 48" of pavement minimum from each side of
concrete swale.
➢ Power clean & apply level course to all low and depressed areas to achieve
consistent elevation prior to fabric application from end of parking stall to end
of parking stall (drive aisle only). Machine apply AR4000 hot oil and paving
fabric over cracked and distressed asphalt surface. Machine install 1 & Yz'
maximum hot asphalt overlay, roll and compact with a minimum 3-5 ton roller
for maximum density.
➢ Add one A/C speed hump five stalls north of the trash enclosure on each side
of concrete swale.
➢ Stripe speed hump.
Phase II - Property Owner Responsibility
➢ Remove roll stops and install continuous 6" concrete curbing on top of
blacktop with epoxy.
➢ Grind asphalt where roots have lifted pavement.
➢ Power clean & apply level course to all low and depressed areas to achieve
consistent elevation prior to fabric application to parking stall areas only.
Machine apply AR4000 hot oil and paving fabric over cracked and distressed
asphalt surface. Machine install 1 &'/i' maximum hot asphalt overlay, roll
and compact with a minimum 3-5 ton roller for maximum density.
➢ Re -stripe stalls with 4" wide white stripes in a 12" hairpin format.
EXHIBIT A
C�
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Beano McMann
Oliver Mahon Asphalt, Inc.
182 Wells Place
Costa Mesa, CA 92624
DATE: July 12, 2007
�VAWI
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Bu1Uue6 1961
1776
DID
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
RE: Personal Services Agreement — Repave the Capistrano Depot North Parking Lot
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6309.
If you have questions concerning the agreement, please contact Douglas D. Dumhart,
Economic Development Manager (949) 443-6316.
An original agreement is enclosed for your records.
Cc: Douglas D. Dumhart, Economic Development Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
♦�
`, Pnntetl on 100% recycled paper
"Superior quality at competitive prices since 1962!"
City of San Juan Capistrano
47400 Pacen Adelanto
San Juan Capistrano, CA 92675
Attn• Jnnn Rncs
CONIOCT INFORMATION
nate 09177100
Vm"trnet Nn- 0906098
Job Site: 26701 Verdu¢o, SJC
Phnne No -949-44'1-6116
Fax No-949-4RR-4R74
Please sign and return white copy to:
Oliver -Mahon Asphalt Inc., 182 Wells Place, Costa Mesa, CA 92627
Retain yellow copy for your records.
PROPOSAL / CONTRACT Office: 949-548-6398 Fax: 949-548-1947
Revised 10/23/06
Item #1
Pour 6" concrete curbs around perimeter.
Item #1: $6,000.00
Rem #2
Remove and replace approx. 440 lin.ft. of center gutter (with change @ South end).
Item #2: $12,320.00
Item #3
Remove and replace failed asphalt area 440 x 8 na, 4" approx. 3,520 sq.ft.
Item 03: $13,177.00
Item #4
Remove all speed bumps.
Item #4: $750.00
Item #5 - PP t_g romat
Power clean & apply level course to worst low and depressed areas to achieve consistent elevation prior to fabric application. Machine
apply AR4000 hot oil and Petromat fabric over cracked and distressed asphalt surface. Machine install 1 &. 112 inches max. hot
asphalt overlay to approx. 27,000 sq.ft.; roll and compact with a min. 3-5 ton roller for max. density.
Item #6
Construct (1) speed bump and stripe.
Item #7
Restripe with double white lines and repaint all handicaps.
Item #5: $27,350.00
Item #6: S400.00
• CRA 7/3/2007
AGENDA REPORT
TO: Dave Adams, Executive Director 9`
FROM: Douglas D. Dumhart, Economic Development Manager
SUBJECT: Consideration of Agreement to Overlay the Capistrano Depot North Parking
Lot (Oliver Mahon Asphalt, Inc.)
RECOMMENDATION:
By motion, approve the agreement with Oliver Mahon Asphalt, Inc. in the amount of
$37,647.00 to overlay the Capistrano Depot North Parking Lot.
SUMMARY:
On June 5, 2007, the City Council elected not to develop a temporary parking lot on the
former Walnut Grove parking lot. Rather a decision to redirect the temporary lot
construction funds to repairs to the Capistrano Depot North Parking Lot hereinafter,
"Depot North Lot" pursuant to terms of a Reciprocal Public Access Agreement. The
following scope of work was identified for maintenance repairs at the Depot North Lot.
1. Remove all three existing speed bumps.
2. Remove and replace concrete swale entire length of parking lot. At the
southern end remove the 900 elbow in the concrete swale and install a new 450
bend in concrete swale to match flow line.
3. Remove or Grind 2" deep - 48" of pavement minimum from each side of
concrete swale.
4. Power clean & apply level course to all low and depressed areas to achieve
consistent elevation prior to fabric application from end of parking stall to end of
parking stall (drive aisle only).
5. Machine apply AR4000 hot oil and paving fabric over cracked and distressed
asphalt surface. Machine install 1 &'/z" maximum hot asphalt overlay, roll and
compact with a minimum 3-5 ton roller for maximum density.
6. Add one A/C speed hump five stalls north of the trash enclosure on each side
of concrete swale.
7. Stripe speed hump with 4" white lines.
Agenda Report • • July 3, 2007
Page 2
The city solicited bids from three vendors, and the table below summarizes the quotes
received for this project.
Staff has prepared a standard form Personal Service Agreement (PSA) with Oliver
Mahon Asphalt to complete this work. A copy of the PSA is provided as Attachment 1 to
this report. Staff is recommending Board approval of the PSA with Oliver Mahon
Asphalt.
FINANCIAL CONSIDERATIONS:
Upon authorization from Council on June 5, 2007, the $55,000 earmarked for the
Walnut Grove temporary lot improvements were allocated to 26-65300-4720-R11 for
repairs at the Depot North Lot. Terms of the Reciprocal Public Access Agreement
requires the Agency to repair and maintain a certain portion of the Capistrano North
Parking Lot in a good working condition. The Reciprocal Public Access Agreement has
been provided as Attachment 2 to this report.
NOTIFICATION:
Oliver Mahon Asphalt, Inc.
Guy Edwards, Manna Station, Inc.
RECOMMENDATION:
By motion, approve the agreement with Oliver Mahon Asphalt, Inc. in the amount of
$37,647.00 to overlay the Capistrano Depot North Parking Lot.
Respectfully submitted,
Dougl s D. Dumhart
Economic Development Manager
�Prepared
by,
Joan Ross
Administrative Assistant
Attachments 1: Personal Services Agreement with Oliver Mahon Asphalt
2. Reciprocal Public Access Agreement.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of June, 2007, by and
between the City of San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Oliver Mahon Asphalt Inc.
RECITALS:
WHEREAS, Agency desires to retain the services of Consultant regarding the
Agency's proposal to repave the Capistrano Depot North Parking Lot; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Agency shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required and with a minimum of 15 days notice.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
thirty-seven thousand six hundred forty-seven dollars ($ 37.647.00 ), as set forth in Exhibit
"B," attached and incorporated herein by reference.
3.2 Method of Payment.
The Agency shall submit monthly invoices based on total services which
have been completed.
ATTACHMENT
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontractina and Assianment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency for the acts and omissions of its subcontractor as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships
between any subcontractor and Agency. All persons engaged in the work will be
considered employees of Consultant. Agency will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the Agency, the Parties 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 Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by Agency, it shall immediately inform Agency of this and shall not
proceed with further work under this Agreement until written instructions are received from
the Agency.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
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of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant 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 Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to Agency
at least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the Agency shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the Agency.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Agency. All such
reports, information, data, and exhibits shall be the property of the Agency and shall be
delivered to the Agency upon demand without additional costs or expense to the Agency.
The Agency acknowledges such documents are instruments of Consultant's professional
services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for damages arising from the negligence,
recklessness, or willful misconduct of Consultant in Consultant's performance of tasks
under this agreement.
Section 14. Insurance. Insurance required herein shall be provided by Admitted
Insurers in good standing with the State of California and having a minimum Best's Guide
Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
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Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the Agency's General Counsel for certification that the insurance requirements
of this Agreement have been satisfied.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
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premium.
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14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
Agency and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If 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 16. Notice.
All notices shall be personally delivered or mailed to the below listed 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
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Oliver Mahon Asphalt, Inc.
Attn: Beano McMann
182 Wells Place
Costa Mesa, CA 92624
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By:
- Mark Nielsen, Chairman
CONSULTANT
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Capistrano Depot North
Parking Lot Scope of Work
Please quote each Phase separately and each line item separately.
Phase I - City Obligation (Drive -aisle only)
➢ Remove all three existing speed bumps.
➢ Remove and replace concrete swale entire length of parking lot. At the
southern end remove the 900 elbow in the concrete swale and install a new
450 bend in concrete swale to match flow line.
➢ Remove or Grind 2" deep - 48" of pavement minimum from each side of
concrete Swale.
➢ Power clean & apply level course to all low and depressed areas to achieve
consistent elevation prior to fabric application from end of parking stall to end
of parking stall (drive aisle only). Machine apply AR4000 hot oil and paving
fabric over cracked and distressed asphalt surface. Machine install 1 &'/Y"
maximum hot asphalt overlay, roll and compact with a minimum 3-5 ton rollev
for maximum density.
➢ Add one A/C speed hump five stalls north of the trash enclosure on each side
of concrete swale.
➢ Stripe speed hump.
Phase II - Property Owner Responsibility
➢ Remove roll stops and install continuous 6" concrete curbing on top of
blacktop with epoxy.
➢ Grind asphalt where roots have lifted pavement.
➢ Power clean & apply level course to all low and depressed areas to achieve
consistent elevation prior to fabric application to parking stall areas only.
Machine apply AR4000 hot oil and paving fabric over cracked and distressed
asphalt surface. Machine install 1 & ''/2" maximum hot asphalt overlay, roll
and compact with a minimum 3-5 ton roller for maximum density.
➢ Re -stripe stalls with 4" wide white stripes in a 12" hairpin format.
EXHIBIT A
"Superior quality at competitive prices since 1962!"
CONT? W INFORMATION
Tate• 09/77/06
r'nmrant Nn- 090609R
Job Site: 26701 Verdugo, SJC
lohnne Nn•040-441-6'116
Fax Nn, 949-49R-1974
City of San Juan Capistrano
17,400 Pasen Adelnntn
San Juan Capistrano, CA 92675
Atte- Ion" Rngq
Please sign and return white copy to:
Oliver -Mahon Asphalt Inc., 182 Wells Place, Costa Mesa, CA 92627
Retain yellow copy for your records.
PROPOSAL / CONTRACT Office: 949-548-6398 Fax: 949-548-1947
Revised 10123/06
Item #1
Pout 6" concrete curbs around perimeter.
Item #1: $6,000.00
Item #2
Remove and replace approx. 440 ling t. of center gutter (with change Q South end).
Item #2: $12,320.00
Item #3
Remove and replace failed asphalt area 440 x 8 (& 4" approx. 3,520 sq,ft.
Item #3: $13,177.00
Item 44
Remove all speed bumps.
Item #5 - t o at
Item #4: $750.00
Power clean & apply level course to worst low and depressed areas to achieve consistent elevation prior to fabric application. Machine
apply AR4000 hot oil and Petromat fabric over cracked and distressed asphalt surface, Machine install I & 1/2
inches max. hot
asphalt overlay to approx. 27,000 sq.ft.; roll and compact with a min. 3-5 ton roller for max. density.
Item #6
Item 45: $27,350.00
Construct (1) speed bump and stripe.
Item #7
Item #6: $400.00
Restripe with double white lines and repaint all handicaps,
Item #7: $900.00
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AGENCY and its successors in interest shall be responsible for all maintenance within the Agreement
area, including, but not limited to, sweeping, landscape maintenance, filling of potholes, cracks and
overlay of pavement, parking lot lighting, signage and striping.
AGENCY and its successors in interest shall not modify, improve or inhibit public use of the
pedestrian/vehicular access area as shown on Exhibit "A" without prior written approval from the
CITY.
This Agreement shall become effective upon its recordation with the Orange County Recorder and
shall not be terminated except upon the written consent of the CITY and the AGENCY or its
successors.
The covenants contained herein shall be burdens upon and shall nm with the property for the benefit
of the CITY and shall be binding upon the AGENCY and the AGENCY'S successors, assigns and
tenants.
IN WITNESS WHEREOF, this instrument has been executed this day of
1995.
D VID SWERDLIN, CHAIRMAN,
SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
ATTEST:
/L�. _iM '!i_� , ✓ .�
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APPROVE AS TO FORM:
�l
IHARD DENHALTER, CITY ATTORNEY
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VERDUGO STREET
NORTH
MISSION
SAN JUAN CAPISTRANO
Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees Pursuant to
Government Code Section 6103
Documentary Transfer Tax:
No Consideration:
City initiated Public Access Agreement
CHERYL JOHNSOX, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project: Depot Parking Agreement
AP No.: 121-141-17
Address: 26701 Verdugo Street
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San Juan Capistrano, CA 92675
Legal Desc: Portion of Lot 1, Book 1, Page 588,
Records of Los Angeles County.
RECIPROCAL PUBLIC ACCESS AGREEMENT
CAPISTRANO DEPOT PARKING LOT
The SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (AGENCY) does
hereby grant to the CITY OF SAN JUAN CAPISTRANO (CITY) reciprocal public access to the
referenced property. Said agreement is to ensure future public vehicular and pedestrian access
between Verdugo Street and Camino Capistrano (via Mission Street right-of-way, northerly Depot
entry from Camino Capistrano).
Said access shall encompass the parking area as shown on Exhibit "A" attached hereto and made a
part hereof.
CITY shall defend, assume all responsibility for, and hold the AGENCY, its successors, employees
and agents, harmless from all claims or suits for any damages to property or injuries to persons
including accidental death, which may be caused by CITY'S use of said area for public access,
provided, however, that CITY shall not be liable for such property damage or bodily injury
occasioned by the sole negligence of AGENCY, its successors, patrons, employees or agents.
ATTACHMENT 2
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San Juan Capistrano
Community NOTIFICATION OF MEETING OF POTENTIAL INTEREST
Redevelopment SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
Agency
The Board of Directors of San Juan Capistrano Community Redevelopment Agency will
meet at 7:00 p.m. on Tuesday July 3, 2007, in the City Council Chamber in City Hall, to
consider: "Consideration of Agreement to Overlay the Capistrano Depot North
Parking Lot (Oliver Mahon Asphat, Inc)" — Item No. B2.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, July 2, 2007 to allow time for the Board to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Chairman
when the item is considered.
You have received this notice at the request of the City staff member Joan Ross,
Administrative Assistant. You may contact that staff member at (949) 443-6315 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.saneuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk oasanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Oliver Mahon Asphalt, Inc.; Guy Edwards, Manna Station, Inc; Douglas D.
Dumhart, Economic Development Manager; Joan Ross, Administrative Assistant
' Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171
e exim,n�n
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San Juan Capistrano
Community NOTIFICATION OF MEETING OF POTENTIAL INTEREST
Redevelopment SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
Agency
The Board of Directors of San Juan Capistrano Community Redevelopment Agency will
meet at 7:00 p.m. on Tuesday July 3, 2007, in the City Council Chamber in City Hall, to
consider: "Consideration of Agreement to Overlay the Capistrano Depot North
Parking Lot (Oliver Mahon Asphat, Inc)" — Item No. B2.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, July 2, 2007 to allow time for the Board to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Chairman
when the item is considered.
You have received this notice at the request of the City staff member Joan Ross,
Administrative Assistant. You may contact that staff member at (949) 443-6315 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.saneuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk oasanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Oliver Mahon Asphalt, Inc.; Guy Edwards, Manna Station, Inc; Douglas D.
Dumhart, Economic Development Manager; Joan Ross, Administrative Assistant
' Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171