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