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06-0810_HARDY / HARPER , INC_Action ReminderE a CITY CLERK'S DEPARTMENT - ACTION REMINDER t ,ice cls c �t ,?�� TO: Lin Administrative Coordinator FROM:(' Christy Jakl, AdSpecialist DATE: August 1, 2009 SITUATION: On August 10, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Hardy & Harper, Inc to provide asphalt paving and crack seal maintenance and repairs. ACTION REQUESTED: Said Agreement states services shall be for a three-year period of time with two one year extensions. Agreement extensions shall be base on staff review of the Consultant performance. The Agreement shall terminate June 30, 2011. Please notify our office if agreement has been completed or will be extended. ACT!9N TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: — SIGNATURE OF OFFICIAL AKING,ACTION: DATE SIGNED: C- C "'FOR CITY CLERK'S DEPARTMENT USE ONLY`*' Tickler Date: 08/1/09 Deadline Date: 08/30/09 (600.30/hardyharper) 0 CALIFORNIA PRELIMINARY NOTICE RECEIVED IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL ZaCODE *** THIS IS NOT A LIEN. *** THIS IS NOT A REFLECTION ON UEC aW IPE(-VTIgF ANY CONTRACTOR OR SUBCONTRACTOR. ��a11 yCITY CLERK uq NOTICE IS HEREBY GIVAfttdUAN CAPISTRANO ROBERTSON'S 200 S MAIN ST CORONA CA 92882 (951)685-2200 Has or will Furnish labor, services, equipment, or materials, generally described as: READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building, structure or the work of improvement described as follows: 27101 PASE ACTIVO SAN JUAN CAPISTRANO J.C.N. # 16104 Tract No. Lot No. Cert Num: 21402934 Name of Person or Firm who contracted for purchase of the labor, services, equipment, or materials is: HARDY & HARPER INC. 1312 E. WARNER AVE. SANTA ANA CA 92705-5416 As estimate of the total price of said labor, services, equipment or materials is: 426.97 ***NOTICE TO PROPERTY OWNER*** *****PLEASE BY OWNER OR REPUTED OWNER OR PUBLIC AGENCY CITY OF SAN JUAN CAPITRNO 32400 PASEO ACTIVO SAN JUAN CAPISTCAN92675 LENDER OR REPUTED LENDER ORIGINAL OR REPUTED ORIGINAL CONTRACTOR HARDY & HARPER 1312 E WARNER AVE SANTA ANA CA 92705 SUBCONTRACTOR with whom claimant has contracted ALSO NOTIFIED TENANT OR BONDING AGENT TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE X 270- \A� � \r�Aol� ISSUE JOI T CHECKS***** ROBERTSON'S P.O. BOX 3600 ySOE P%"q ` CORONA, CA 92878-3600 1111111111111111111111 Z� 0 2 I A $ 03.120 0004316692 DEC03 2903 71178 L L76 8852 1402 9349 MAILED FROM ZIP CODE 52562 IMPORTAN"i : CALIFORNIA PHELIM�IINARY NOTICE L':'Y CE SAPS .-OAN CiA, RNO �� l0 0 ll�Sr o - ,CT -3 -VO.... - 'JJ JDAN CZ1? :ST 92675 20977 16104 0 0 CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE *** THIS IS NOT A LIEN. *** THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE IS HEREBY GIVEN that: ROBERTSON'S 200 S MAIN ST CORONA CA 92882 (951)685-2200 Has or will Furnish labor, services, equipment, or materials, generally described as: READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building, structure or the work of improvement described as follows: 27101 PASE ACTIVO SAN JUAN CAPISTRANO J.C.N. # 16104 Tract No. Lot No. Cert Num: 21388090 None of Person or Firm who contracted for purchase of the labor, services, equipment, or materials is: HARDY & HARPER INC. 1312 E. WARNER AVE. SANTA ANA CA 92705-5416 As estimate of the total price of mid labor, services, equipment or materials Is: 7,352.88 ***NOTICE TOPROPERTY OWNER*** OWNER OR REPUTED OWNER OR PUBLIC AGENCY CITY OF SAN JUAN CAPITRNO 32400 PASEO ACTIVO SAN JUAN CAPISTCAN92675 LENDER OR REPUTED LENDER HARDY & HARPER 1312 E WARNER AVE SANTA ANA CA 92705 SUBCONTRACTOR with whom claimant has contracted ALSO NOTIFIED TENANT OR BONDING AGENT EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTE T YOURSELF AGAINST D g THIS CONSEQUENCE BY (7) REQUIRING YOUR = a CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE L PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE cCt c i't1 MAKING PAYMENT TO YOUR CONTRACTOR, OR (2Y ANY D.3 tsa ci OTHER METHOD OR DEVICE THAT IS APPROPRIATE m UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL C" J HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY :Err -, THE ORIGINAL CONTRACTOR AN ANY LIEN CLAIMANT WHO m z HAS PROVIDED THE OWNER WITH A PRELIMINARY 20- DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 �� Q OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 70 = CDl-- DAYS OF ITS RECORDATION. NOTICE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTALCPItINGE BITI&F11S ARE PAYABLE MAILBEVIDENCEAB(/ CERTIFICATE OFr OR FAILURE TO IiOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEVATED: 08/26/2008 DAT§4: MARY PERRON t L61L�� SSUE JOINT CHECKS***** BY\yp``^� ROBERTSON'S P.O. BOX 3600 tpt6S POSygCF CORONA, CA 92878-3600 y % 02 1,% $ 03.1.20 0004316690 AUG26 2006 7178 1176 8852 1388 0903 MAILED FROM ZIP CODE 92&82 IMPORTANT: CALIFORNIA PRELIMINARY NOTICE CITY OF SAN JUAN C4PI11WO �� d 32400 PASEO ,11�TGti j'-° �,{{ SAN JUAN CAI�IST C?, 926 20977 16104 File No:218 [CA$PUBLICgOWNER] Notice Requested by and Realm To: SMITHSON ELECTRIC, INC. 1938 E. KATELLA AVENUE ORANGE, CA 92867 [Job No:7332] 0 0 Customer. HARDY & HARPER, INC. Projsct:SAN JUAN CREEK ROAD & LA NOVIA Rec ID:26V000ZZ5 RECEIVED Cert No.: Return Receipt Requested VERIFICATION I declare that I am autlhor¢ed to file this PRELIMINARY 2D -DAY NOTICE (PUBLIC WORK) on behalf of the clawanl I hove read the foregoing document and know the contents to , to same is true of my own knowledge. 1 declare under penalty of perjury under the lava of the State of California that the foregoing is true and coned Executed at ORANGE, California on 0942712007 for SMITHSON ELECTRIC, INC.. By Iona: (714) 9974W Fax: (714) 997.9559 MARIJA FUDGE ONTRACTS ADfANISTRATOR PROOF OF SERVICE BY MAIL AFFIDAVIT I, MARIJA FUDGE declare that I saved copies of the above PRELIMINARY 20 -DAY NOTICE (PUBLIC WORK) By First Class Certill andlar Rehm Receipt Requested or Registered Mail service, postage prepaid, (as required by lee) adder to each of the parties at the addresses shown above On !2007. I dehdere handers natty of M'gy under the lase of the state otcellfernie that the tonegoirg is true and carted. 8Y MIIRIJA FUDGE, CONTRACTS ADMINISTRATOR Executed at 0 GE, Celfortwe on 912712007. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS S NOT A LIEN. THIS S NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undanpned has onbnd into a contract to perform labor or furnish nabrials for the above-described public proJaet, and will look to you and your sureties for payment N the person ordering such materials and labor teas to pay for them. CalNomis Clvl Coda Sscdons 901MI,3111, 32418 3252 et Seq. THIS S NOT A LEN. THIS IS NOT A REFLWTIP"T AE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR SAN JUAN CAPISTRe N ' T0: OWNER 1.TSe fallowing is a gmanl desorption of OR REPUTED OWNER the Iabor,service,equipmerd or materials CITY OF SAN JUAN CAPISTRANO furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO TRAFFIC LOOP INSTALLATION SAN JUAN CAPISTRANO, CA 92675 2. Estimated Price. $0.00 TO: ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR 3. The name of the person who furnished that labor, service, equipment or HARDY It HARPER INC, matenals is: 1312 E. WARNER SMITHSON ELECTRIC, INC. SANTA ANA, CA 92705 1938 E. KATELLA AVENUE ORANGE, CA 92867 TO: LENDER, SURETY OR 4. The name of the person who contrxled far purchase of that labor, BONDING COMPANY service, equipment or materiel is: NONE REPORTED HARDY & HARPER INC. 1312 E WARNER SANTA ANA, CA 92705 5. The description of the jobsile is: SAN JUAN CREEK ROAD & LA NOVIA JOB#15355 SAN JUAN CAPISTRANO, CA , in the County of ORANGE VERIFICATION I declare that I am autlhor¢ed to file this PRELIMINARY 2D -DAY NOTICE (PUBLIC WORK) on behalf of the clawanl I hove read the foregoing document and know the contents to , to same is true of my own knowledge. 1 declare under penalty of perjury under the lava of the State of California that the foregoing is true and coned Executed at ORANGE, California on 0942712007 for SMITHSON ELECTRIC, INC.. By Iona: (714) 9974W Fax: (714) 997.9559 MARIJA FUDGE ONTRACTS ADfANISTRATOR PROOF OF SERVICE BY MAIL AFFIDAVIT I, MARIJA FUDGE declare that I saved copies of the above PRELIMINARY 20 -DAY NOTICE (PUBLIC WORK) By First Class Certill andlar Rehm Receipt Requested or Registered Mail service, postage prepaid, (as required by lee) adder to each of the parties at the addresses shown above On !2007. I dehdere handers natty of M'gy under the lase of the state otcellfernie that the tonegoirg is true and carted. 8Y MIIRIJA FUDGE, CONTRACTS ADMINISTRATOR Executed at 0 GE, Celfortwe on 912712007. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS S NOT A LIEN. THIS S NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undanpned has onbnd into a contract to perform labor or furnish nabrials for the above-described public proJaet, and will look to you and your sureties for payment N the person ordering such materials and labor teas to pay for them. 0 0 L99Z6 VO '3JN"0 '3nN3AV V1131VH '3 9£61 ''ONI '01 LLO313 NOSHIIWS X01 LOOZJLZ160 MBCI HO-MISINIWO S1O"AOO' anjvrlavw 6996-L66 (41L) :xe-A 99WL66 (41L) ;auugd Ag 'AlaiaoulS -noA jue41 '9S56 -L66 (Y1L) le Alleuosiwd ow lleo of oa1 Ia1 aseeld lsanbai situ 6ulweouoo suogmb hue aneq noA PIno4S volpelsges inoA of BulssaJBwd sl 1! ado4 am pue qof 9l41 jol saowas ino Bultslwnl to Allunlioddo etl elepaidde aM lgep s141 to 1uawAed oelueienB of saouepLunouo a41 japun aleudordde sl 4o14m 6gAap Jo p041aw Jat10 Aue (Z) jo 'Jopapoo jnoA ou luewfed 6ul4ew aaolaq aogou s1t1 noA BuuuB uug jo uosied a4u woo asealai pedis a 49iwnl of jolmluoo moA Buulnbai (u) iaplsuoo kw noA pwnoA paloid Nlni of 'iaAe" -opp s141 to smel 941 tllm Aldwoo of Alaiew uenl6 sl inq 'qof sM ul pOAlonul siopa4uoo 04110 Bulpuels BPwo io Alu69lul otl uo Aem Aue ul pagai of popualul lou sl aogou posopue atl olgeolldde aJ84m pal} eq AM spunl P104411m of aogou e jo 'saogou dols io suall spluepoaw of palgns eq Am Auedoid panwdwl 94l 'patslwnl aq of to 'pegslwnl sleualew jo luawdmbe 'swolMas 'jogel jou gni ul pled lou aie sglq A legl awll s!41 le noA Aplou of mel Aq pajmbei je4pnl aje aM •pelwd s14u to sioperluoogns jo siopeiluoo pieuaB'sieumo atl to ouo sl o4m ' 40LZ6 VO 'VNV V-LNVS '83NNVM '3 Z1B1 ''ONI 'H3dNVH'8 ,k(]HVH :Aq iol pep"uoo aiam sleualew jo luewdlnba 'seolAies 9ogel 4onS VO 'ON"iSldVO Nvnr NVS ' le Peleool '1oa(wd 99CG W BOr VIAON VI 2 OV08 H3380 NVnf NVS :041 se umouI luawanaudwl to )pom atl jou uuol piepuels posopue e4l uo pagposap edf4 041 to sleualew io luawdlnba 'seoiMos 'jogel Bul4slwr4 aie am lett noA 4w of awp s141 to smel otl Aq pajlnbei aue aM AW3 ollqnd a4l of A1LLN3 0lland HO H3NMO 01 30LLON:311 LOOVW60 5L9Z6 VO `ONV111SldVO Nvnr NVS O1NV' 130V 03SVd 00628 ONVHISIdVO Nvnr NVS d0 A1100 0 a PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1Q day of AQri - , 2006, by and between the City of San Juan Capistrano (hereinafter refe red to as the "City") and Hardy& Harper, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide asphalt paving and crack seal maintenance and repairs; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in The City of San Juan Capistrano Specifications and Contract Documents for Asphalt/Crack Seal Maintenance and Repairs (Exhibit "A"), incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement by all parties. This Agreement shall be for a (3) three-year period of time with two one year extensions. Agreement extensions shall be based on staff review of the Consultant performance. The Agreement shall terminate June 30, 2011. Section 3. Compensation. 3.1 Amount The total compensation for the scope of services shall be billed as set forth in the Contractors Proposal (Exhibit B). There is no guaranteed amount for this contract by the City to the Consultant. The Consultant may not, dependent upon availability of projects, receive any work. The City shall issue purchase orders equal to the anticipated Consultant fees on a project basis, which shall constitute the Consultant's authorization to proceed. The Consultant fees will be billed based upon the ej® 0 rates in Exhibit B. The Consultant's billings may be submitted on the Consultant's forms and, at a minimum, should include the following: Title of Project(s) Location of Project(s) Purchase Order Number Total Approved Purchase Order Amount Amount Paid to Date Amount Requested Amount Remaining on Purchase Order Breakdown of Amounts by Project Type or Account Number 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B", attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices, clearly indicating the monthly period for which the billing is made. These invoices should be submitted to: City of San Juan Capistrano Public Works Department 32450 Paseo Adelanto San Juan Capistrano, CA 92675 For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. 2 9 0 Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City 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 City, 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 City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 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 of federal, state and local government. 3 • 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. Not Applicable. 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 City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City 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 errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it 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. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: 0 0 • $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 City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Not applicable. 14.6 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 City, except that 5 0 • ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City 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: Public Works Director To Consultant: Hardy and Harper, Inc. 1312 E. Warner Ave. Santa Ana, CA 92705 Attention: Steve Kirschner, Vice President 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: J� / R. Monahan, City Clerk D AS TO FORM: John R. S ' Attorney 7 CITY OF SAN JUAN CAPISTRANO By: 0,,,- -F —. n Dave Adams, City Manager CON in , Vice President 9 10 ASPHALT/CRACK SEAL MAINTENANCE AND REPAIRS From: HARDY & WPPEt, INC. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as Proposer, declares that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and is familiar with all requirements, and hereby proposes and agrees, if the Proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Asphalt Work — Normal Work Hours ITEM OF WORK" Approx. $/S.F. $/S.F. $/S.F. 3 Year Total Annual Year Year Year based upon Quantity approximate quaq!Lty Remove and Replace Asphalt (4" Thick) 1000 S.F. a �. �` e� • �� Less Than 100 S.F. Remove and Replace Asphalt (4" Thick) 1000 S.F. I . �(� J ZZ�• 101 S.F.-250 S.F. Remove and Replace _ Asphalt (4" Thick) 21000 S.F. GD t 2� 251 S.F. — 400 S.F. Remove and Replace Asphalt (4" Thick) 9,000 S.F. 5, S `P SO �0-z rJ Over 400 S.F. TOTAL 0-) x Cost for thickness lesser or greater than 4" shall be prorated on a direct % basis, that is, the cost for 2" thickness would be half, the cost for 8", double, and so forth. AI -5 0 Asphalt Work - Night Work ITEM OF WORK* Approx. $lS.F. $/S.F. $/S. F. 3 Year Total Unit Price Per Hour Annual Year Year Year based upon Unit Price Per Hour FOR EACH HOUR THEREAFTER. Quantity approximate uantit Remove and Replace Asphalt (4" Thick) 1000 S.F. Z0. CRo Z 22. C5n �3bbU' Cko Less Than 100 S.F. Remove and Replace CRS Asphalt (4" Thick) 1000 S.F. q , y D 9 • `f��?? b � ® .40 7— q 101 S.F.-250 S.F. Remove and Replace Asphalt (4" Thick) 2,000 S.F. �, 0 � , �� (000, 251 S.F. — 400 S.F. Remove and Replace Asphalt (4" Thick) 9,000 S.F. (p. `f �o. --7. UIEjJ�/ U Over 400 S.F. TOTAL * Cost for thickness lesser or greater than 4" shall be prorated on a direct % basis, that is, the cost for 2" thickness would be half, the cost for 8", double, and so forth. Crack Seal ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F.3 Year Total Unit Price Per Hour Annual Year 1 Year 2 Year 3 based upon Unit Price Per Hour FOR EACH HOUR THEREAFTER. Quantity approximate antity Crack Seal 2,000 L.F. 2J a j 1-2). -aC) C) @ c � 00. C9� Emergency Work - Hourly Rate Al -6 $/Hr $/Hr In Figures In Words Unit Price Per Hour (�hutu0f�(� SIY �9 FOR FIRST TWO HOURS. u Unit Price Per Hour FOR EACH HOUR THEREAFTER. TO, Al -6 0 0 Please indicate below the equipment and number of personnel included in the quoted rates above: ONE LABORER WITH PATCH DLDF, WiM TACK?JAGR*MM.TATIGATE ROLLER OR Please indicate below the hourly rate for any specialized equipment not included in the previous definition. The rates quoted below shall be for equipment and operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Emergency WATER TRUCK 80.00 hour 85.00 hour 3-5 TON ROLLER 100.00 HOUR 105.00 HJF 8 TON ROLLER 110.00 hour 115.00 HOUR BACKHOE 110.00 HTR 120.00 HOUR 9CUIOADER 105.00 HOUR 110.00 HOUR Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as concrete, asphalt dirt, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into an agreement with the City and to commence work within fifteen (15) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be July 1, 2006. Al -7 0 0 Please indicate below the equipment and number of personnel included in the quoted rates above: ONE LABORER WM PATCH DUF, WM TACK?JACMAMNa.TAI c,ATE ROLLER OR NVI::074; .�r7�i:�iu1T91 Please indicate below the hourly rate for any specialized equipment not included in the previous definition. The rates quoted below shall be for equipment and operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Emergency 950 LOADER 150.00 HOUR 160.OD HOUR SWEEPER 135.00 HOUR 145.00 HOUR 10 WHOM DOW TRUCK 85•OU HOUR 90.00 Hal SAWIRUCK 100.00 HOUR 105.OD HOUR BOBCAT 1350.00 HOUR 145.00 HOUR Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as concrete, asphalt dirt, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into an agreement with the City and to commence work within fifteen (15) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be July 1, 2006. Al -7 9 0 Please indicate below the equipment and number of personnel included in the quoted rates above: ONE LABORER WITH PATCH 1W, W IH TACK?JAQH MQ2.TAI GATR ROLLIIt OR Please indicate below the hourly rate for any specialized equipment not included in the previous definition. The rates quoted below shall be for equipment and operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Emergency BOBCAT BREAM 140.00 M 150.00 HLUR BOBCAT/GRINDER 170.00 HOUR 180.00 fm PICC UP TRUCK (BARE) 120.00 DAY 120.00 (DAY) PAVING MACHM 160.00 IiC1R 160.00 hour Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as concrete, asphalt dirt, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into an agreement with the City and to commence work within fifteen (15) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be July 1, 2006. Al -7 0 0 It is understood that the City reserves the right to increase or decrease the frequency of any item or portion of the work or to omit portions of the work as may be deemed necessary by the Director of Public Works. The contract amount shall be adjusted to reflect these changes. It is also understood by Proposer that the City of San Juan Capistrano has the right to reject this Proposal or to award an agreement to the undersigned at the prices stipulated. Si r rv,/19.0 Date (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: 06/19/06 Dated: 06/19/06 1312 E. WARNER AVE. SAM ANA, CA. 92705 Business Address (714)444-1851 Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth in this Proposal, that they are correct to the best of his knowledge and that they constitute his Proposal for the work called out herein. Dated: 06/19/06 1312 E. WARNER AVE. SANTA ANA, G4. 92705 Dated: 06/19/06 [46110 Mai Business Address (714)444-1851 Telephone Number 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 Steve Kirschner, Vice President Hardy & Harper, Inc. 1312 E. Warner Ave. Santa Ana, CA 92705 Dear Mr. Kirschner: , mmarHRla EST AIUSX 10 1961 V76 " MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to provide Asphalt Maintenance is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Although we have received a certificate of insurance, the following documentation is required: ♦ General Liability, Workers Compensation and Automobile Liability. ♦ Our agreement requires an endorsement form for the General Liability naming the City of San Juan Capistrano as additional insured. We need a separate endorsement form, including the policy number. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Joe Mankawich, Assgciate Engineer (949) 487-4313. Please call me at (949) 443-6309 if yoV-t five clae%tic/is regarding the forms of insurance needed. Deputy cc: JoiYMankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 printed on 100%Recycled Paper 32400 PASEO ADEI..ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-10531" WWN'. SC777, JAQRCapistraYIO. Org TRANSMITTAL TO 0 0 Hardy and Harper, Inc. 1312 E. Wamer Ave Santa Ana, CA 92705 Attention: Steve Krischner. Vice President FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: providing asphalt paving and crack seal maintenance and repairs MEMBERS OF THE CITY COUNCIL Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN 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 contact Maria Guevara, Deputy City Clerk (949) 443-6309. If you have questions concerning the agreement, please contact the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. An original, executed agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer John Elwell, Interim Public Works Director Today's Date: 0 • Transmittal Routing (Check All That Apply) FI City Attorney City Manager City Clerk CONTRACT TRANSMITTA _..� CIP No. (if any): —� i Project Manager's Last Name: � 1 Phone Extension: Council or CRA Meeting Date (if applicable): U U (! APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: � OTHER INSTRUCTIONS: Form Date: 01-2004 D-7 Today's Date: LqooA CONTRACT TRANSMI • Transmittal Routing (Check All That Apply) ❑ City Attorney n City Manager City Clerk CIP No. (if any): Project Manager's Last Name: DI Wv Pht 'tension: Thl3 Council or CRA Meeting Date (if applicable): 1 APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair CCity Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: OTHER INSTRUCTIONS: Form Date: 01-2004 D-7