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06-0901_TYGOR CONSTRUCTION_Personal Services Agreement0 0 CITY CLERKS DEPARTMENT - ACTION REMINDER �F,�t �2cqy-o��t TO: Jill Thomas, Senior Management Analyst FROM: Christy Jakl, Administrative Specialist DATE: August 1, 2009 14 1101-A-1101 2, ; On September 1, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Tygor Construction, Inc to provide Asphalt/Crack Seal Maintenance. ACTION REQUESTED: Said Agreement states services shall be for a 3 year period of time with two one year extensions based on staff review of the performance. Agreement shall terminate June 30, 2011. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: e�2 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAK17N /,'ACTI(SN-�-;�� DATE SIGNED: ***FOR CITY CLERKS DEPARTMENT USE ONLY*** Tickler Date: 08101109 Deadline Date: 06130111 (600.301tygor) CALIFORNIA PRELIMINARY NOTICE 50211304 0 THIS IS NOT A LIEN 0 THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098. CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. The Name and Address of the Original Contractor is: CERTIFIED# 71966575029007204828 TYGOR CONSTRUCTION INC 410 W. WALNUT AVE ORANGE, CA 92867 The Name and Address of the Reputed Lender and/or Bonding Company is: OWNER FINANCED The Name and Address of the Person with whom the Claimant has Contracted is: TYGOR CONSTRUCTION INC 410 W. WALNUT AVE ORANGE, CA 92867 This Preliminary Notice has been completed by: VULCAN MATERIALS COMPANY WESTERN DIVISION 3200 SAN FERNANDO ROAD LOS ANGELES, CA 90065 4A An estimate of the total price of the labor, professiorl servil Ma als, M,0.0 machinery, fixtures or tools furnished or to be furnis :$n A W.W > NOTICE TO PROPERTY OWNER -.,;m M If bills are not paid in full for the labor, services, 4uipmh*, or Mterials furnished or to be furnished, a mechanic's lien leffing,tae 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 309T 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. Date. Tuesday, April 01, 2008 By: Prelien #: 710692 502111304 Bond Number: X )et qeq3cc"� A\A�a c& -- Accurate Lien & Contractor Assistance, Inc., 6210 E. Thomas Rd. Suite 203 Scottsdale, AZ 85251-7056 (480) 941-0844 You are hereby notified that the CLAIMANT named below has furnished or will furnish labor, professional services, materials, machinery, fixtures or tools of the following general description: CONCRETE, AGGREGATE, ASPHALT, AND/ OR RELATED MATERIALS in the construction, alteration or repair of the building, structure or The Name and Address of the Owner or improvement located at Reputed Owner is: PO#1934/ SJC CERTIFIED# 71966575029007204811 CAMINO REAL & JUNIPER/ ORANGE COUNTY CITY OF SAN JUAN CAPISTRANO in the construction, alteration or repair of the building, structure or 32400 PASEO ADELANTO improvement located at ORANGE COUNTY, CA, legally described as follows: SAN JUAN CAPISTRANO, CA 92675 CAMINO REAL & JUNIPER/ ORANGE COUNTY The Name and Address of the Original Contractor is: CERTIFIED# 71966575029007204828 TYGOR CONSTRUCTION INC 410 W. WALNUT AVE ORANGE, CA 92867 The Name and Address of the Reputed Lender and/or Bonding Company is: OWNER FINANCED The Name and Address of the Person with whom the Claimant has Contracted is: TYGOR CONSTRUCTION INC 410 W. WALNUT AVE ORANGE, CA 92867 This Preliminary Notice has been completed by: VULCAN MATERIALS COMPANY WESTERN DIVISION 3200 SAN FERNANDO ROAD LOS ANGELES, CA 90065 4A An estimate of the total price of the labor, professiorl servil Ma als, M,0.0 machinery, fixtures or tools furnished or to be furnis :$n A W.W > NOTICE TO PROPERTY OWNER -.,;m M If bills are not paid in full for the labor, services, 4uipmh*, or Mterials furnished or to be furnished, a mechanic's lien leffing,tae 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 309T 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. Date. Tuesday, April 01, 2008 By: Prelien #: 710692 502111304 Bond Number: X )et qeq3cc"� A\A�a c& -- Accurate Lien & Contractor Assistance, Inc., 6210 E. Thomas Rd. Suite 203 Scottsdale, AZ 85251-7056 (480) 941-0844 4 UK � A��wm"Uep wv=�MAMMWKCIM 6210 E. Thomas Rd., Suite 203 Scottsdale, AZ 85251-7056 CA 710692 1 CIO 9 9 CERTIFIED# 719665750290072D4811 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 I I I I I 11111111111111111111 7196 6575 0290 0720 4811 Accurate Lien & Contractor Assistance, Inc., 6210 E. Thomas Rd. Suite 203 Scottsdale, AZ 85251-7056 (480) 941-0844 0 0 Dear Owner/ Contractor/ Customer: Enclosed is a preliminary notice that we have sent to our customer, the original contractor and the owner of the project to whom we have recently provided labor, materials, and/ or rental equipment. Accurate Construction Notice Service completes and mails this documentation on our behalf. This notice, however, is NOTA LIEN and is not recorded against your property. This notice is not a reflection of the credit worthiness or financial standing of our customer nor is it an indication of their ability or desire to pay us. lt is our policy to serve a preliminary notice for projeas where we have provided labor, materials, and/or rental equipment so that you, the contractor or owner, are aware of materials and/or equipment supplied to your job. By the time you receive this notice there is a possibility that some or all of your balance has been paid. Should you have any questions or concerns, please contact us directly. a 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this / day of —, 2006, by and between the City of San Juan Capistrano (hereinafter r ferred to as the "City") and Tygor Construction, 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 e% V-� , NV 1. 0 0 Consultant's authorization to proceed. The Consultant fees will be billed based upon the rates in Exhibit A. 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 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. 0 0 Section 5. Limitations Upon Subcontracting and Assianment, 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. [C] 0 0 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. Indemnit . 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 0 $500,000 property damage; $500,000 injury to one personlany 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 Can collation/Termi nation of Insurance. The above policylpolicies 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. 114.7 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: Tygor Construction, Inc. 2354-A North Batavia Street Orange, CA 92865 Attention: Keith Stowers, President Section 17. Afforneys'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. U. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Q --f Dave Adams, City Manager CONSULTANT B Keith Stowers, President A Ma—rgarVt R. M ahi�rrbll lerk APPROVED AS TO FORM: John R. ShaW/City Attorney Irl 0 0 ASPHALT/CRACK SEAL MAINTENANCE AND REPAIRS From: 'T/�,pr Cosfrc,�,. FOR 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. $tS.F. $/S.F. $/S.F. 3 Year Total Annual Year I Year 2 Year 3 based upon Quantity approximate quantitv Remove and Replace Asphalt (4" Thick) 1000 S.F. 51 Less Than 100 S.F. I Remove andR �place Asphalt (4" T ji(ck) IL 1000 &F. 101 S.F.-250 S.F. Remove and Replace Asphalt (4" Thick) 2, 000 S.F. 251 S.F. — 400 S.F. Remove and Replace Asphalt (4" Thick) 9 000 S.F. CP V Over 400 S.F. TOTAL E= ' Uost tor tnicKness 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 A1-6 Asphalt Work - Night Work ITEM OF WO ' K* Approx. $/S.F. $/S.F. $/S.F. 3 Year Total I Annual Year 1 Year 2 Year 3 based upon Quantity approximate quant ty. Remove and Rej 'ace A k) sphalt (4" Thic' 1000 S.F. ess an 100 S.F. Remove and Replace Asphalt (4" Thick) 1000 S.F. PD 0191 101 S.F.-250 S.F. Remove and Replace Asphalt (4" Thick) 2, 000 S, F. q,0 lit 251 S.F. – 400 S.F. Remove and Replace Asphalt (4" Thick) 9,000 S.F. L I '�S Over 400 S.F. LTOTAL I I * 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 Annual Year I Year 2 Year 3 based upon 1po Quantity approximate d f quantity 2,000 L.F. Emergency Work - Hourly Rate $/Hr $/Hr In Figures In Words Unit Price Per Hour ro cz—�7?0 V FOR FIRST TWO HOURS, � Unit Price Per Hour FOR EACH HOUR THEREAFTER. A1-6 0 0 Please indicate below the equipment and number of personnel included in the quoted rates above: U 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 D&- C'rk�'� ZD 1 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. AI -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. signat e o 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.) I Dated: �J L- 0� Dated: CDC C� qDlos- '�s Address Busine �) H J 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: Dated: Al -8 Business Address Telephone Number Ll 32400 PASFO AOIE�NTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 Keith Stowers, President Tygor Construction, Inc. 2354-A North Batavia Street Orange, CA 92865 Dear Mr. Stowers: 1#10 A to I I If D 1776 at MEMBERS OF THE CIW COUNCIL SAM ALLEVATO DIANE BATHGATE WYATr HART JOESOTO 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, Associate Engineer (949) 487-4313. Please call me at (949) 443-6309 if yoy-Javp puAstff s regarding the forms of insurance needed. Clerk cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future CP Printed on 100% Recycled Paper 0 AGENDA REPORT TO: Dave Adams, City Manager �� FROM: John W. Elwell, Interim Public Works Director 0 8/11/2006 D12 SUBJECT: Consideration of Personal Services Agreement for Asphalt Maintenance Services (Hardy and Harper, Inc.) (Tygor, Inc.) RECOMMENDATION: By motion, approve the three-year agreement for Asphalt Maintenance and Repairs with Hardy and Harper, Inc. and Tygor, Inc. for the established unit prices; and authorize the City Manager to execute the agreement. SITUATION: On May 26, 2006, the Public Works Department released requests for proposals for the Concrete Maintenance and Repairs contract. Staff sent the requests to 10 contractors from a list of highly regarded contractors. These contractors were ones the City had previously worked with and those referred to by other local government agencies. The cities of Mission Viejo, Dana Point, Laguna Beach, San Clemente and Laguna Niguel were contacted for reference purposes. These efforts were made with the intention of increasing the number of contractors involved in the proposal process, thereby insuring a more representative result. On June 19, 2006, the City received proposals from two asphalt contractors. It is, however, reassuring that the two contractors which did submit proposals are well respected, and the pricing presented by each was in line with unit prices that the City is accustomed to paying. Hardy and Harper Inc.'s (Harper) Statement of Experience includes maintenance contracts with the City of Rialto, County of Orange, and City of Rancho Palos Verdes. All three cities gave Harper excellent references. Tygor Construction Inc. (Tygor) specializes in onsite paving for new home builders. They are targeting public works contracts as a way to expand into another market. Harper's costs were clearly much lower than Tygors for all items of work. For this reason, it is in the City's best interest to use Hardy and Harper for most of its asphalt maintenance and repairs. A small purchase order should be opened with Tygor so that the City is covered in the event that Harper is unable to mobilize for some reason. COMMISSION REVIEW AND RECOMMENDATIONS: Not Applicable AGENDA REPORT Pacie 2 FINANCIAL CONSIDERATIONS: 0 August 1, 2006 The FY 2006/2007 Budget provides sufficient funding for city-wide asphalt maintenance and repairs. The nature of asphalt maintenance is such that the quantities of work that will be required in a given year are difficult to predict. Staff, therefore, recommends that purchase orders be opened for Hardy and Harper, Inc. and Tygor Construction, Inc. on an as needed basis and that work proceed as necessary to keep the City's facilities safe. NOTIFICATION: Hardy and Harper, Inc. Tygor Construction, Inc. By motion, approve the three-year agreement for Asphalt Maintenance and Repairs with Hardy and Harper, Inc. and Tygor, Inc. for the established unit prices; and authorize the City Manager to execute the agreement. Res ctfully S, b itted, Prepared by, 'ru �Vo J n W. Elwel, _.,�,�'—Joe Mankawich I terim Public Works Director Associate Engineer Attachments: 1. Hardy and Harper Agreement 2. Tygor Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_ day of 1 2006, by and between the City of San Juan Capistrano (hereinafter referred to ;s —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 I ATTACHMENT 1 0 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 0 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. Chan-ges 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. 9 0 0 Section 1 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 C ity. 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 VI I 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: U 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 0 ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 114.7 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. Afforneys'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 aftorneys'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 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. CITY OF SAN JUAN CAPISTRANO M Dave Adams, City Manager CONSULIANT '-�Steve Kirs6tiner, Vice President ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R..8fiaw, City Attorney— Asphalt Work - Night Work ITEM OF WORK* Approx. $/S.F. $JS.F. $/S.F. 3 Year Total Unit Price Per Hour Annual Year I Year 2 Year 3 based upon Unit Price Per Hour FOR EACH HOUR THEREAFTER. Quantity Year I Year 2 Year 3 I approximate Quantity guantity Remove and R( lace Asphalt (4" Thiu!pk) 1000 S.F. ZO, CS0 21-60 22, (S?-) C'D Less Than 100 S.F. L. F. a>/�) I - U I -Z�). :5 C) I \ � % oo Remove and Replace CK) Asphalt (4" Thick) 1000 S.F. D �O 2- q -7 101 S.F.-250 S.F. Remove and Rep ace Asphalt (4" Thick) 2,OOOS.F. �f 0) cc) 251 S.F. - 400 S.F. Remove and Replace Asphalt (4" Thick) 9,000 S.F. (4D. (4 0 0 -7 0 46 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 $/H r $/Hr In Figures In Words Unit Price Per Hour Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR EACH HOUR THEREAFTER. Annual ly Year I Year 2 Year 3 I based upon Quantity approximate quantity Crack Seal L. F. a>/�) I - U I -Z�). :5 C) I \ � % oo Emergency Work - Hourly Rate A1-6 EXHIBIT %%Bs* $/H r $/Hr In Figures In Words Unit Price Per Hour �ujuiDreo Sjj,-q 051 FOR FIRST TWO HOURS. CID Unit Price Per Hour FOR EACH HOUR THEREAFTER. C) A1-6 EXHIBIT %%Bs* Please indicate below the equipment and number of personnel included in the quoted rates above: OW LOORER WT1H PATCH DLM, kT1H TACK?JACK1*MaZ.TA=ATE R= 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 WAM 80.00 hour 85.00 hour 3-5 TON ROLLER 100.00 HaR 105.00 fM 8 IM ROLLER 110.00 hour 115.00 HOUR 110.00 HaR 120.00 M 9CIFLOADER 105.00 M 110.00 M 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 Please indicate below the equipment and number of personnel included in the quoted rates above: ONE LABORER WITH PATCH DUIP, WTIH TACK?JAGHAMlER.TAILGATE 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 950 LOADER 150.00 HOUR 160.00 HOUR SWEEPER 135.00 fM 145.OD HOUR 10 WfIEELER W TIM 85.00 HXR 90.00 HU SAWIRUCK _C00.00 HOUR 105.00 HO[JR BOBCAT 1350.00 HaR 145.00 HaN 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, ind 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. A1-7 Please indicate below the equipment and number of personnel included in the quoted rates above: CM LABORER WM PATCH 9M, WM TACK?JACKH0,IER.ThT1L&TE 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 BDBCAT WENKER 140.00 HOUR 150.00 h0UR B013CAT/GRIMER 170.00 �M 180.00 Him PICK LIP TRUCK (BARE) 120.00 DAY 120.00 (DAY) PAVDC �%CHIW 160.00 HOUR 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� A1-7 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 stipulate Si ro 0:, 06/19 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 1312 E. WARNER AVE. &WA AM, CA. 92705 Business Address Dated: 06/19/06 (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. WAM AVE. SAM w, cA. 92705 Business Address Dated: 06/19/06 (714)444-1851 Telephone Number FREI) T. MA6, JR. PRESIDENF7RWURER �M,W KUMMER VICE PPZIDW RISIM S. PAMM CDUORATE SEMARY I)AN T. MAAS OD M 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_ day of —, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tygor Construction, 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 AsphalVCrack 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 I ATTACHMENT 2 0 0 Consultant's authorization to proceed. The Consultant fees will be billed based upon the rates in Exhibit A. The Consultant's billings may be submitted on the Consultant's forms and, at a minimum, should include the following: Title of Project($) 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 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 0 E Section 5. Limitations Upon Subcontractina and Assianment. 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. 51 0 0 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 I i. 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: rd 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 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 Attm Public Works Director To Consultant: Tygor Construction, Inc. 2354-A North Batavia Street Orange, CA 92865 Attention: Keith Stowers, President Section 17. Afforneys'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. 1.1 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AB TO John R. Shaw/City Attorney 7 CITY OF SAN JUAN CAPISTRANO M Dave Adams, City Manager CONSULTANT Keith Stowers, President 0 ASPHALT/CRACK SEAL MAINTENANCE AND REPAIRS From: -T or (o�JrA,- CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: C 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 K* Approx. $/S.F. $/S.F. $/S.F. 3 Year Total Annual Year I Year 2 Year 3 based upon Lapproximate Quantity uantit Remove and Replace Asphalt Thick) (4" 1000 S.F. Less Than 100 S.F. Remove and Replace ' I " Thick' It �D I k4 K) Asphalt 1000 S.F. 101 S.F.-250 S.F. Remove and Replace Asphalt (4" Thick) 21 000 S.F. 251 S.F. — 400 S.F. FRE move and Replace Asphalt (4" Thick) 5D 9, 000 S.F. Over 400 S.F. TOTAL � Cost tor 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. A1-5 EXHIBIT 88139' 0 Asphalt Work - Night Work 0 WOIRK* Approx. $/S.F. $/S.F. $[S.F. 3 Year Total Unit Price Per Hour Annual Year I Year 2 Year 3 based upon Unit Price Per Hour Quantity FOR EACH HOUR THEREAFTER. approximate quanthy_ Remove and Replace 7 Remove a d Replace t T 1c sphalt (4" Thick) A sp 1000 S.F. G,, -o I L 10 OS. Less Than 100 F. Remove and Replace Asphalt (4" Thick) 1000 S.F. 9 101 S.F.-250 S.F. Remove and R Asphalt (4" Thi ck) 2,000 S.F. 251 S.F. — 400 S.F. Remove and Replace Asphalt (4" Thick) 9,000 S.F. 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 Emergency Work - Hourly Rate F Approx. $/L.F. $1L.F. $1L.F. 3 Year Total Unit Price Per Hour Annual Year 1 1 Year 2 Year 3 1 based upon Unit Price Per Hour Quantity FOR EACH HOUR THEREAFTER. approximate quant 14 Crack Seal 2,000 L.F. 147b�;�gv G,, -o I Emergency Work - Hourly Rate F $/H r $/Hr In Figures In Words Unit Price Per Hour FOR FIRST TWO HOURS. Unit Price Per Hour FOR EACH HOUR THEREAFTER. A1-6 Please indicate below the equipment and number of personnel included in the quoted rates above: V Ll r - rpO�rA-O('-' - 9, / 'i? 6'� U), 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 F_ ao- 115-D 1 r Li 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. AJ -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. Signat re of P 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: �1 aoo(� Dated: -4 - � �"� C � Busine��s Address 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: Dated: ore Business Address Telephone Number 0 32400 PASEO ADE]_ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sar?luancapistrL7no.org 111ORPOIRTEB MULISH 10 196 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will City Council Chamber in City Hall, to consic Agreement for Asphalt Maintenance Se Inc)" — Item No. D12. If you have specific thoughts or concerns participate in this decision making process. through correspondence addressed to the speaking to the Council during the public SAM ALLEVATO DIANE BATHGATE WYATTHART JOE SOTO DAVID M. SWERDLIN meet at 7:00 p.m. on August 1, 2006 in the �Ir: "Considerationof Personal Services vices (Hardy and Harper, Inc) (Tygor, regarding this item, you are encouraged to You can communicate with the City Council I ,ouncil and/or by attending the meeting and meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 31, 2006 to allow time for the Council 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 Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 with any questions. The agenda, including agenda report www.sanouancapistrano.or-g. If you wou agendas are posted to the web site, council-agendas(a-)sanauancai)istrano.orci. s, is available to you on our web site: Id like to subscribe to receive a notice when please make that request by sending an e-mail to: Meg Monahan, CIVIC City Clerk cc: Hardy and Harper, Inc; Tygo Construction, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future C* P,irtd .. 100% Recycled Paper 9 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL. We Keith Stowers, President Tygor Construction, Inc. 2354-A North Batavia Street Orange, CA 92865 DATE: September 1, 2006 FROM: Maria Guevara, Deputy City Clerk (94�)) 443-6309 RE: Providing Asphalt Maintenance MEMBERS OF THE CITY COUNCIL Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. SAMALLEVATO DIANE BATHGATE VVYATT 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 requirementsi please call me at (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 San Juan Capistrano: Preserving the Past to Enhance the Future r' Printed on '10% Recycted Paper 32400 PASEO ADEILANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 0 see 11101PORVID fSTAILISHIC 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On August 1, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Personal Services Agreement for Asphalt Maintenance Services (Hardy and Harper, Inc) (Tygor, Inc)" Item No. D12. The following action was taken at the meeting: Three-year agreements for asphalt maintenance and repairs, with Hardy and Harper, Inc and Tygor, Inc., for establiched unit prices, approved; and the City Manager authorized to execute the agreements The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Hardy and Harper, Inc; Tygo Construction, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Phrd.cl .� 100% Recycled Paper