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11-1004_QUICKEL PAVING, INC._Personal Services Agreement
PERSONAL SERVICES AGREEMENT F��. M01 AGREEMENT is made, entered into, and shall become effective this day of 1, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Quickel Paving, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide crack seal, and seal coat maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012, This Agreement shall be for a (3) three-year period of time with three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for asphalt/concrete services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City 1 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor 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 Contractor 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. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make,all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra 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 Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law, E-Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E--Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://e-verify,uscis.gov/enroll/. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor 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 Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon_ the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor 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. 4 14,4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, Fired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Quickel Paving, Inc. 27071 Cabot Road, #130 Laguna Hills, CA 92653 Attn: Dan Quickel Section 17, Prevailing Wanes. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 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. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN PISTRANO By- d >df ren P. Brust, City Manager CON' _ CTG By: A " T: M.a.di V4Tris, City Clerl APPROVED AS TO FORM: LLILL Zu"V1112, La Omar Sandoval, City Attorney 7 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS ASPHALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIRS NASSER ABBASZADEH PUBLIC WORKS DIRECTOR JUNE, 2011 EXHIBIT A GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub-contractors if applicable f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and Genera[ Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear,a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. 2 (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi-skilled duties in connection with asphalt forming, laying, finishing and rolling, grading, operating a variety of hand and power tools for purposes of maintaining public facilities and operating ; equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the Asphalt construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The. Contractor's representative shall have a general knowledge of the Asphalt construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility.. 5 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair asphalt, crack seal, and seal coat services and repairs in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the asphalt, crack seal, and seal coat services and repair work may vary according to need. This contract covers asphalt, crack seal, and seal coat services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. a Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing f=orm Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK All work shall be performed per the Standard Specifications for Public .Works Construction (Green Book), Latest Edition. The Contractor shall construct asphalt improvements per the City of San Juan Capistrano Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall monitor freshly placed Asphalt improvements for the length of time necessary to prevent defacing of the asphalt, The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. . Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract,notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. 3 Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private PropertX The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and 4 Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Week.1y.Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not .performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. 5 PROPOSAL ASPHALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIR SERVICES From: .. .s —Xr-- CONT ACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete. said contract in accordance with the Contract Documents for the fallowing: 1m ASPHAL.TICRACK SEALISEAL COAT MAINTENANCE AND REPAIR SERVICES THREE YEAR CONTRACT C®STS Se tetnber 1 2011 tl�r®u h Aust 1 2014 YEAR COST E F SEPTEMBER 1, 2011 — AUGUST 31, 2012 SEPTEMBER 1, 2012 — AUGUST 31, .2013 . . , I SEPTEMBER 1, 2013 —AUGUST 31, 2014 h£. LTtLREE�YEAR CONTRACT CST TOTAL ' x Y 1iT'b Three Year Contract Cost Total inrlf ng- '. 2 EXHIBIT B ASPHALT PRIONG PROPOSER BID SHEET Approx.Annual Year 1 Total based upon Asphalt tfVork-Normal Work Flours year 2 $/5.F.year 3 uantit approximate guantity Y Remove and Replace Asphalt (4" thick)Less than 100 S.F. ?O,OOO S.F. �r .Rernove and Replace Asphalt (4" 10,000 S.F. M thick) 101 S.F.-250 S.F, . §Remove and:Replace Asphalt (4," 3 10,0C10S.F. s a •�, `��� 4 �,. .Q.'� i:, � tMck) 251 S.F.-404 S.F. , f —) I Remove and Replace Asphalt (4" 10,000 S.F. _,• , )thick)Cover 400 5-F. I; r � � Approx.Annual Year 1 Total based upon Asphalt Work-Night Work $IS1Year 1 US.E.year 2 S.F. ear 3 guantitV approximate auantity Remove and Replace Asphalt (4" Ithick)Less than 100 S.F. 1,000 S.F. Remove and Replace Asphalt (4" ,s:; 7.,0[10 S.F. thick} 7.01 S.F.-250_5.F. I0 Coo Remove and Replace Asphalt (4° 1„(100 S.F. >” it._hick) 2_51 S.F.-400 S.F. Y In Remove and Replace Asphalt (4" 1,000 S.F. thick)Over 400 S.F. A rox.Annual Year 7.Total based upon titherFt Year 3 Ft Year X Ft Year 3 uantit approximate quantity ICrac`l,c Seal 10,060 L.F. ; Slurry Seal Coat 10,000 S.F. TOTAL 1 YEAR ESTIMATE BASED ON � � APPROXiMATE(QUANTITIES l Emergency.Work-Hourly Rate S/Hr in figures S/Hr in Words Unit Price Per Four For First Two Flours WY � £._.='C`2'�. �1 ���� 3 ,r:y x i.v�uR Unit Price Per Hour For Each Hour Thereafter i 31 s �, '1 E Y i"-.;r 9 _ .-tom.• 4 %.'' `t ji.Lx.•:` - yy PLATE SIGNATURE,NAME 3 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, materials and other means of maintenance; also, the performance and completion of all the worm in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on September 1 2011. (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: Name Dated._.., °r" 27 - Business Address Dated, .. ¢ ..,... , Telephone Number Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. Dated. Name is Dated: E ' Business Address Dated: Telephone Number 4 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER. AND SUBMITTED TO CITY AS PART OF QUOTATION. PROPOSER'S 'NAME A COMPANY NAME 2. BUSINESS ADDRESS 3. BUSINESS TELEPHONE NUMBER ell lLej- BUSINESS '-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT AND PHONE ROMITO CITYICO PANY NUMBER CONTRACT AMOUNT F x d� ✓ '�f I ill Aju ® a elf--Y[ �3 ipI S✓ a�u 9s. ^:w ':l aid x(: ` 61 ule t`.' t^.� _� ; G ✓t '1 r , of_, 1413�a S iu re � — ---- Cornp&v ' S LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITU AS PART OF QUOTATION. Proposer's Name Company Name ' Business Address Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. ,y A,07' ' ? sem+ :.$�- .-✓ ,�'� Signature 1) Company r� ry 5 k 6 LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUO TATIO 4j roposer's Name Company Name 2. Business Address 3. Business telephone Number Name Address Phone Type of Work `"Acl 1 � e ^' Is z � Company ° 7 10/412011 AGENDA REPORT TO: Karen P. Brust, City M7?a . PROM: FRONasser Abbaszadeh, Pu lic Works Director SUBJECT: Consideration of Personal Services Agreements for Asphalt/Crack Sea]/Seal Coat Maintenance and Repair Services (Ben's Asphalt, Inc,, Hardy and Harper, Inc., Quickel Paving, Inc.) RECOMMENDATION: By motion, 1. Approve the qualified contractors list for Asphalt/Crack Seal/Seal Coat Maintenance and Repair Services to include Ben"s Asphalt, Inc,, Hardy and Harper, Inc., and Quickel Paving, Inc,; and, 2. Approve the Personal Services Agreements with Ben's Asphalt, Inc., Hardy and Harper, Inc,, and Quickel Paving, Inc. to provide Asphalt/Crack Seal/Seal Coat Maintenance and Repair Services City-wide for a three-year term, with three one- year optional extensions, subject to available funding in the operational budget; and, 3. Authorize the City Manager to execute the agreements. Summary and Recommendation: The current agreements for asphalt/crack seallseal coat maintenance and repair services expire on December 31, 2011. As in the past, the Public Works Department would like to establish a qualified list of contractors to provide these services for the City of San Juan Capistrano and recommends that the City 'Council approve Personal Services Agreements with .Ben's Asphalt, Inc., Hardy and Harper, Inc,, and Quickel Paving, Inc. The term of the agreements is for three years (January 1, 2012 through December 31, 2014) with three (3) one-year optional extensions at the City's discretion and demonstration of superior performance. These agreements are subject to an annual "not to exceed" amount determined by funding availability in the City's approved operating budget. Background Agreements are currently in place with Tygor Construction and Hardy and Harper, Inc, for asphalt/crack seal/seal coat maintenance services, These agreements will expire on December 31, 2011, and have been in place since 2006. Staff issued a Request for Agenda Report Page 2 October 4, 2011 Proposals (RFP) to 12 contractors and posted the RFP on the City's website. Three proposals were received in response: Ben's Asphalt, Inc., Hardy and Harper, Inc,, and Quickel Paving, Inc, Due to the fluctuating economy, staff has determined that it is in the best interest of the City to maintain a qualified list of contractors for this service rather than to award the contract to just one firm. Since 2008, we have continually requested competitive pricing from our vendors. By having in-place agreements with more than one contractor for like services, we are able to ensure "best pricing', as we allow them to compete against each other on an "as-needed" basis for City work. It also allows for flexibility during times of economic highs/lows, rather than locking in prices that may not be sustainable for either the City or a particular contractor. Staff can request quotes from each company and choose the lowest pricing among the. pre-qualified contractors, therefore, achieving cost effective pricing for the City. The annual quantity of asphalt work to be performed is dependent on the amount of available budget, as the City does not guarantee a specific amount of work year to year. The City's contractors are notified annually, after the budget adoption, of the amount of funding that has been allocated for asphalt maintenance and repair for the upcoming fiscal year, Personal Services' Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. This requirement typically increases the overall cost of construction work for public agencies when compared to private entities, as the contractor is required to pay his employees/sub-contractors the State determined prevailing wage, by trade. This requirement can increase labor on contracts upward's of 50%. Current unit pricing for typical asphalt maintenance and repair work is approximately $3.75 to $4.00 per square foot. Per the proposal responses, the range for like items came in at $5.25 to $7.50 per square foot. This equates to a 40% to 88% increase (based on our recent contract work for similar maintenance projects), As a result of this requirement, the City will realize less maintenance and repair with the same budget dollar limit (Fiscal Year 2011/2012 has an adopted budget of $140,000 for asphalt maintenance and repair work). A unit pricing comparison from the three proposers is shown in Attachment 4. Staff performed due diligence on each of the proposer's references and is satisfied with each firm's ability to provide quality work and respond to the City's needs, The three proposers recommended to be added to the qualified contractors list for asphalt maintenance and repair are: Ben's Asphalt, Inc., Santa Ana, CA — Ben's Asphalt currently has contracts with the City of Santa Ana, City of Huntington Beach, City of Mission Viejo, City of Anaheim, and City of Tustin, among others. Hardy and Harper, Inc., Santa Ana, CA — Hardy and Harper currently has a contract in place with the City. They also per-form work for the County of Orange, City of Rancho Agenda Report Page 3 October 4, 2011 Palos Verdes, Placentia-Yorba Linda School District, City of Corona, and the City of Mission Viejo. Quickel Paving, Inc. Laciuna Hills CA — Quickel Paving currently has contracts with South Coast Water District, City of San Clemente, City of Laguna Niguel, Irvine Ranch Water District, and Dana Point Marina, among others. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:. N/A FINANCIAL CONSIDERATIONS: Rather than a fixed dollar amount, there is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for asphalt services" clause included in Section 3.1 of the Personal Services Agreements for each contractor. The current Fiscal Year 201112€312 adopted budget for asphalt/crack seal/seal coat services is $140,000. NOTIFICATIONS: Ben's Asphalt, Inc. Hardy and Harper, Inc. Quickel Paving, Inc. Agenda Report Page 4 October 4, 2011 RECOMMENDATION: By motion, 1. Approve the qualified contractors list for Asphalt/Crack Seal/Seal . Coat Maintenance and Repair Services to include Ben's Asphalt, Inc., Hardy and Harper, Inc., and Quickel Paving, Inc,; and 2. Approve the Personal Services Agreements with Ben's Asphalt, inc,, Hardy and Harper, Inc., and Quickel Paving, Inc. to provide Asphalt/Crack Seal/Seal Coat Maintenance and Repair Services City-wide for a three-year term, with three one- year optional extensions, subject to available funding in the operational budget; and, 3. Authorize the City Manager to execute the agreements. Respectfully submitted, Prepare by, Nasser Abbaszadeh, PE Jill Thomas Public Works Director Senior Management Analyst Attachments): 1. Personal Services Agreement — Bert's Asphalt, Inc, 2. Personal Services Agreement— Hardy and Harper, Inc. 1 Personal Services Agreement--• Quickel Paving, Inc. 4, Asphalt Price Comparison -- Chit Pricing PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this—day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ben's Asphalt, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide asphalt, crack seal, and seal coat maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services, NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A" attached and incorporated herein by reference, To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for asphalt services, payable at the rates as set forth in Exhibit"B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor, The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed, 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period, The City ATTACHMENT11 will pay monthly progress payments used on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor 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 Contractor 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. Section 5. Limitations Upon Subcontracting and Assignmen . The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement, Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor, Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra 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 Contractor's fees. Section 7. Farniliari!y with Work andfor Construction Site, By executing this Agreement, Contractor warrants that., (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Lam E-Vern . 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Contractor is not already enrolled in the US. Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of firing a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http-//www.uscis,.aov, or access the registration page at https:t/e-verify,uscis.gov/enroll/. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of interest. Contractor 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 Contractor. Section 11, loot Applicable. Section 12, Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence; recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongfrji.conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class Vil or better, 14.1 Comprehensive General Liability, Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either. the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage,including owned, hired and non- owned vehicles in an amount not less than one million dollars per . occurrence ($1,000,000,00). 14.3 Workers' Compensation If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the terra of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4 14.4 Proof of Insurance Requirernents/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor., premises owned, occupied or used by Contractor, or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30) days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.5 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have.been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) Mays' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) clays` 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Ben's Asphalt, Inc. 2290 S. Yale Street Santa Ana, CA 92704 Attn. Nelson Smith Section 17. Prevailing Wages, The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping. of all records required by the provisions of Labor Cade Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against.the CONTRACTOR. Section 79. dilute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement,the dispute shall be resolved by Finding 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. [SIGNATURE PAGE FOLLOWS) 6 IN WITNESS WHEREOF, the parties hereto. have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Karen P. Brust, City Manager CONTRACTOR 's Asphalt,Inc 2200 S.Yate Street By: , Santa ,92.704 ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: > -� Omar Sa doval, City Attorne 7 CITY OF SAN JUAN CAPISTRANO . COUNTY OF ORANGE, STATE OF CALIFORNIA l 68DkaRft3 SPECIFICATIONS AND CONTRACT DOCUMENTS ASPHALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIRS NASSER ABBAS,ZADEH PUBLIC WORKS DIRECTOR JUNE 2011 EXHIBIT A GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPER'V'ISION REQUIIJENIENTS a) Work will ordinarily be perforated between the hours of 7:30 AM and 6.30 PM, Monday through Friday. During emergencies, work.may be required at other than normal hours. The Contractor.must receive the approval of the Director of Public .Works or itis/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor wil.1 be required to supply a list of equipment owned and available for work. d) Contractor will be .required to supply a list of references for similar work perf6rmed. e) Contractor will be required to supply list of sub-contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. cg) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business 'license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall'be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on:some sites, and shall be included in quoted prices. j) Dourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- Contra cto rsA/en d ors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to proposal. date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions, m) Contractor shall protect any and all.private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets, p) 'Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or. authorized.representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fall in any respect to prosecute any work with the diligence and force specified and intended in and by the.terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their.d ties..and maintain gc�c�d bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. 2 (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes thatshirts shall.be worn at all tires, buttoned and tucked in. (c) Typical Tasks Contractor shall ,supply laborers with the s1kills to perform various semiwskilied duties in connection with asphalt forming, laying, finishing and rolling, grading; operating a variety of hand and power tools for purposes of maintaining public facilities 'and operating ; equipment. (d) Experience Supervisors/foremen shall have a minimum of five (v) years of experience in the Asphalt construction field. (a) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The, Contractor's representative shall have a general knowledge of the Asphalt construction industry, including suitable experience in the field to perform the required' work in a safe and thoughtful manner EQUIPMENT The contractor shall use andfurnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles otlretra torbshall display the name of their firm carr anylall - display vehicles used or Y employees. The firm name shall be in. letters large enough to be easily legible from a distance of fifty (50) feet.during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical conditiom 'All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment: The Contractor is required to supply storage for equipment that is used in the . City. Equipment shall not be stored in the public right of way or on any ether City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used iri the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works.Director. or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing, supervision of workmanship and adherence to schedules by the laborers performing the workunder contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance: The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE GONTAGT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time' that Contractor's representatives are not immediately available at the jab site. An alternate emergency number shall be.provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can tape the necessary action required.to alleviate an emergency condition which threatens t© cause .damage to any.. . City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7.30 A.M. to 5,30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area, Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the .Contractor shall not be more than two (2) hours and smallbeconsidered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copyof an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. 4n this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide. emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of'tile Contractor's supervisor/lead worker to transport or mare arrangements for the transportation of any injured employee to and from the designated emergency medical. facility or any similar medical facility. 5 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair asphalt, crack seal, and seal coat services and repairs in those areas designated by the Public Works . Director or authorized representative and to leave the grounds in a neat condition. The scope of the asphalt, crack seal, and seal coat services and repair workmay vary according to need. This contract covers asphalt, crack seal, and seal coat services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work, All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location, Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works birector or authorized represent.at.ive may.y .make .such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Public Works Director or authorized representative will snake inspections and determine that the work has been completed in all respects in accordance with these specifications. BiII_inkFarm Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORD All work shall be performed per the Standard Specifications for Public .Works Constriction (Green Book), Latest Edition, The Contractor shall construct asphalt improvements per the City of San Juan. Capistrano Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that time area is opened again to the public for their use. Rubbish and. construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or, maintenance, and shall be held liable for all damages incurred clue to his operations. Per City Council Policy 001, an Archeological Monitor is required to be onsite wring all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual)-, subject to approval by the Public Works director or authorized representative. The Contractor shall monitor freshly placed Asphalt improvements for the length of time necessary to prevent defacing of the asphalt, The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cast of the contractor.. 2 NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (Natio'nal Pollution Discharge Elimination System)'Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will. contain any materials that may potentially reach a City storm drain, Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP',s for all employees working at City facilities Contractor shall provide to the City annually, by ,July 1, with certification of the required training on stormwater regulations and the BMP`s, and acknowledgement of.adherence- to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the. Contractor shall provide street sweeping as necessary to meet the requirements of the City of San ,duan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Exis in Utilities The Contractor must take all dire precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at bast 48 fours prior to commencing any 'work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Ale (USA). USA member utilities will provide the Contractor with the locations of their substructures when givers at least 48 hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing . shall be served upon him:_ _Should the,contractor_neglect or refuse to Prov€de:means..for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. 3 Extra Work I. Extra work will not, be performed without prier approval by the. Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or . authorized representative as a result of acts of Cod, vandalism, the civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual.cost of labor; plus wholesale cost of materials, plus a markup, - Extra services other than those listed shall be negotiated on a time and material basis with'a "not to exceed'.amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of.theannual cost of this agreement. Flow and Acce Lance of Water Surface or other waters may be encountered at various. times. The Contractor, .by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other wafters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Prci ert The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned. improvements and facilities shall .be restored_ to .their original condition and location. In the event improvements of the facilities are damaged, they shall be..replaced with new materials equal or better to the 'original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; . way or parking area 'luring performance of the contract work, and 4 Contractor shall conduct his operations so as not to interfere with the authorized work of - utility companies or other agencies in such streets, ways or parking areas, Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been. determined'to be corrected as necessary. If Contractor fails to correct within 24 'hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works . Director or authorized representative a "site supervisor," This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by bath parties for as long as the,contract is in effect to discuss any problems/concerns which may arise and, any goals for the daylweek. 5 PROPOSAL ASPHALT/CRACK SEAUSEAL COAT MAINTENANCE ANIS REPAIR SERVICES From:. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer,.declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read .the .Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete. said contract in accordance with. the Contract Documents for the following: 1. ASPHALT/CRACK SEAUSEAL COAT" MAINTENANCE AND REPAIR SERVICES THREE YEAR. CONTRACT COSTS Se ternber 1 2011 through August 31 2014 YEAR , COST m r SEPTEMBER 1, 2011 —AUGUST 31, 2012 � SEPTEMBER. 1, 2012 —AUGUST 31, 2013 LALCO SEPTEMBER 1, 2013 —AUGUST 31, 2014 1-f CO THREE-TEAR CONTRACT COST TOTAL Three Year Contract Cost Total in Writing 2 EXHIBIT B ASPHALTPRICING PR PQ ER 610 SHEET Asphalt Work-Normal Vlfo _:. /S,F.year 2 $l5.1. Approx.Annual Year].Total based upon F rk Hours $IS F.year S _ = _ uantit Year 3 apprnxirnate 4UantitY remove aril Repiace Asphalt (4" thick)Less than 3A0 s.r. 10,000 S.F. �.� ,, , Remove and Replace Asphalt . (4" t " iCl,C3CFt3 ' thick) 101 5.}. . w_250 S.F: S_F `� : '. Remove and Replace Asphalt {4" � � � thick) 2515.F.-4005.F. X0,0€0 S.F. i �& . Remove and Replace Asphalt (4" j thick)Over 400 S.F. 10,000 S.F. _ Total Approx.Annual Asphalt lAforls-Nl ht Vttork uantit wS.F.year 1 $j.F;;vear ZS.F.year 3 Year lTatai based upon aRE ximate-quantity Remove and Replace Asphalt (4" thick)Less than 100 S.F. 1,000 S.F. Remove and Replace Asphalt (4" thick) i015.F.-2S0 5_F. 000 .. . Remove and Replace Asphalt (4" thick) 251 S_F_-40p S_F, ,o€ioS.F. ii.C7 Repave aizsi Replace Asphalt (4" COr thick)Over 400 S.F. s t Total A_pnrox;Annual Other I t Year 1 Ft Year 2 Ft Year 3 Year 1 Total Lased upon _ Uatltl€ approximate guantitV Crack Seal 10,000 G.F. - Slurry Seal Coat 10,000 S.F. �®^ TOTAL 1 YEAR ESTIMATE BASEL)ON _.. APPROXIMATE IJANTITIE5 P�4 ` I; _E_mer en..,Work-�Haur.tv Rate t r In fil ores Hr In Wards Unit Price Per flour Far Hrst'fwo Hours Unit Price Per Hour dor Each 4otir Thereafter 77 COMPANY DATE TURE,NAME 3 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, materials.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. Contractor will not be required to pay for permits on City prefects. It is anticipated that the chosen Proposer.shall commence work on September 1. 2011. (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: i Name Dated: -o Business Address Dated: Telephone Number Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth,in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein.. Dated:— . "' Name Dated: . Business Address Dated: ROiqC0 Telephone Number 4 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION, PROPOSER'S NAME COMPANY NAME 2. � BUSINESS ;ADDRESS 3. --- -7 314c) BUSINESS TELEPHONE NUMBER BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type- either currently held or held within the past 24 months. PERIOD OF CONTACT NAME ��._...,... CONTRACT AND PHONE FRO.MITO CITYICO PANSY NUMBER CONTRACT AMOUNT � { Signatur Company � 5 ASRHIAUTINC, L1OENS"9 655417 PUBLIC WORKS CITY JE)B CITY JOB NAME City of Santa Ana i"&5'St.Rehab 20 Civic Center Plaza Shelton St, Santa Ana,CA 92702 Fairview Str.Rehabilitstion Edward Torres(714)647-5018 Fairview/ dinner Ave.Intersection Widening Warner Ave.Improvements Warner AVe.Rehabilita.tiaii Westminster Ave.A'ideuinu City of Run#ia gtoa Beach WarnerlNewland Improvements 2000 Main St. Huntington Beach,ca 92648 Eric CharIonue(714).535-5430 City ofAnahcina Broadway'Str.Improvements 200 S.Anaheim Blvd, Anaheim Blvd:. Anahei ,CA 92805 La Palma Ave,Str.bnprove-vents Mitre Woods(714)765-$176. La Palma Ave.Str,Rehab Magnolia Ave. City of Westminster Bushard Str.Improvements 8200 Westminster Blvd. Westminster;CA.92683 Kevin Sin(714)898-33 11 City OfTustirt Tustin Ranch Rd. 300 Centennial Way Tustin,CA 92780 Berm Tonkcan(714)573-3161 City of Lynwood San.lose,Platt& Carlin 11330.Bullis Rd. Lynwood,LCA 90262 Elias Saaalcy(310),603-0220 City of Placentia Placentia Ave»Rehabilitation 401 B. Chapman Ave. Placentia,CA 92870 Axt Burgher C7I4)993-8245 City of Garden Grove Garden Grove Str Rehab 11222 acacia Parkway Gardoi;Grove,CA 92842 (714)741-5000 City of Corona 2002/2003 Pavement Rehab 730 Corporation Yd Way Corona,CA 92880. Scott Briggs(909)736-2454 City of Mission Viejo Cabot Road Pavement Rehab 200 Civic Cneter Mission Viejo,CA 92692 (949)470-3000 2200 S. Yale St., Santa Ana,CA 92704-442.7 Phone(714)540-1700 I'ax(714)540-1709 1 ASRHALT� INC. LICENSE 9 66$417 CfTy Lo 1_ AMFl- City of La Puente Temple Ave.Deconstruction 25900 Bast Main St. Francisguito&Nelson A.ves La Puente-,CA 91744 (626)8551500 City of Newport Beach Monrovia Ave. 3300 Newport blvd.. Newport Heights Payeinent Overlay P.O.Box 1768 Newport Beach,CA 92658-8915 (949)644-3311 City of Westminster Bushard&Magnolia Aves Civic Center 8244 Westminster Blvd. Westminster.CA 92683 (714)898-3311 City of Villa Park Collins Ave.[Wanda Rd, 17855 Santiago Blvd. Villa Park,CA 92861-4187 (714) 998-1501 City of Chino 2003-04 Str.Rehab 13220 Central Ave. C1ino,CA 91'710 (949)464-8367 County of San Bemardino Various Roads China Area Fagincering Department 825 Bast Third St.,' San Beinardino,CA 92415-0835 (909)387-8104 . .2200 S. Yale St.,Santa Ana,CA 92704-4427 Phone(714) 540-1700 Fax(714)540-1709 2 ASPHALT, INC. LICENSE#668417 CITY REFERENCE LIST City of Santa Ana City of Anaheim I"& 5th Street/Shelton Street Broadway Street Improvements 20 Civic Center Plaza 200 S, Anaheim.Blvd, _Santa Ana, CA 92702 Anaheim, CA 92805 Edward Torres (714) 647-5018 Mike Woods (714) 765-5176 City of La Puente City of Santa Ana Temple Ave. Reconstruction Shelton Street 15900 E. Main Street 200 Civic Center Plaza, La Puente, CA 91744 Santa Ana, CA 92702 Joe Boada(626) 855-1500 Edward Torres (714) 647-5018 City of Huntington Beach City of Santa Ana Warner/Newland Improvements Fairview/Edinger Ave. intersection Widing 2000 /Main Street 20 Civic Center Plaza Huntington Beach, CA 92648 Santa Ana, CA 92702 .c Charlonne (714)536-5430 Ed Torres (714) 647-5018 City ofAnaheirn City of Placentia Anaheim Blvd. Placentia Ave Rehabilitation 240 S.Anaheim Blvd. 401 E. Chapman Avenue Anaheim, CA 92805 Placentia, CA 92870 Mike Woods (714) 765-5176 Art Burgner (714) 993-8245 City of Santa Ana City of Tustin Warner Avenue Improvements Tustin Ranch.Road 200 Civic Center Drive 300 Centennial Way Santa Ana, CA 92702 Tustin, CA 92780 Ed Torres (714) 647-5018 Benny Tenkean (714) 573.3161 City of Westminster City of Anaheim Bushard. Street Improvements La Patina Avenue Street Improvements 8200 Westminster Blvd. 200 S. Anaheim Blvd. Westminster, CA 92683 Anaheim, CA 92805 Kevin Sin (714) 898-3311 Daryl Lopez (714)765-5126 City of Santa Ana City of Lynwood Fairview Street Rehabilitation San Jose', Platt &Carlin 20 Civic Center Plaza 11330 Bullis Road Santa Ana, CA 92702 Lynwood, CA 90262 Ed.Torres (714)647-501.8 Elias Saikaly (310) 603-0220 2200 S. Yale Street, Santa Ana, CA 92704 Phone 714-540-1700 fax 714-540-1709 ASPHALTy INC. LICENSE#668417 REFERENCE LIST City of Mission Viejo 949-470-3092 27204 La Paz Rd. Mission Viejo, CA 92692 Chris Robinson Arurual Routine Maintmanee in 2009-2010 for$262,000.010 City ofBzra 714-990-7691 Number One Civic Center Circle Brea, CA 92621-5758 Ferry Mestas Annual Maintefance in 2009-2010 for$200,000.00 hmovative Technical Solutions 925-946-3100 2730 Shadelands Dr., Ste 100 Walnut Creek,CA 94598 Wave Perimeter Roach US Air Force in 2009-20 10 for$1,045,000.00 H131r, 1na. 949-851-2211 4921 Birch St., Ste.One Newport Bead;CA 92660 Bob Braido Trench patching at Various Wal-mar,Locations in 2010 for$34,000.00 Santa Ana U.S,D. 714.558-5743 1601 R Chestnut St. Salta Arun, CA 92701 Davo W oosley Patching at several school locations�i 2008 for$325,000.00 in 2009 for$682,000,00 2200 S.Yale Street, Santa.Ana; CA. 92704 Phone 714-540-1740 fax 714-540-1709 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Pro-posers fume Company Name Business Address Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make.and model year. Use additional sheets if necessary. :DEE- :S1gLnture:" Company 6 914 1899 MILLER CURB BUILDER 15-0513HE650 SANTA ANA 916 1993 SOLAR ARROW BOARD SE468375 H8101040292 SANTA ANA 925 1993 EAGL 2-LASER LS-4 EM304161T EA207121 SANTA ANA 927 1996 AGL EAGLR 2 LASER EQ0381 SANTA ANA 929 1993 BENS BUILT SPDR BAR"TRAILER 10E4950 CA695333 ANAHEIM 932 2004 INGERSOLL-RAND LIGHTSOURCE 346541 RIVERSIDE 936 2001 WIRTGEN W 500 505100282471174 RIVERSIDE 940 2006 INGERSOLL-RAND LIGHTSOURCE 365726 YUCAIPA 849 1998 INDECO HYDRAULIC BRKER 29542 YUCAIPA 952 1997 ULTIMATE WARLOCK WORLD CLASS see nates SANTA ANA 954 2000 WACKER VIB ROLLER RSS800A 15009597 SANTA ANA 955 1994 IR PE75 DWD COMPRESSOR U81134 UNKNOWN 957 2000 BITELLI FS60T3-24"GRIMIER 93000071 RIVERSIDE 961 1999 CATERPILLAR 140H-1,40TOR GRADR 2ZKO3997 RIVERSIDE 962 2005 KAWASAKI 852 LOADER 86C4-5088 YUCAIPA 964 2001 CATERPILLAR 6130 SCRAPER BLJO1998 RIVERSIDE 965 1984 NISSAN NF02-20 FORKLIFT F0220 YUCAIPA 965E 2004 NORDBERG JAW CRUSHING 0105 3974 YUCAIPA 966 2007 DOOSAN DAEWOO G30P FORKLIFT 70156 SANTA ANA 967 2004 LEEBOY 8500 PAVER 40999 SANTA ANA 968 2005.LEE BOY 8500 PAVER 43741 SANTA ANA 969 20018 CATERPILLAR PC206 COLD PLANER DDG00638 YUCAIPA 970 2000 BITELLI SF 102C COLLI PLANER 95000063 RIVERSIDE 972 2007 WIRTGEN W120 COL DPIANER 0810,0188 YUCAIPA 973 2002 ROX)TEC RX 600 COLDPLANER SIN 121 YUCAIPA 974 20302 ROADTEC RX 60C COLOPLANER SIN 140 YUCAIPA 975 SWEEPSTER 72"PICK UP BROOM 746055 SANTA ANA 976 SWEEPSTER 72"PICK UP BROOM 746056 RIVERSIDE 977 SWEEPSTER 72"PICK UP BROOM 748057 SANTA ANA 979 2006 CATERPILLAR 2685 SKIDSTEER LBAD1945 YUCAIPA 980 HIGHWAY SAFETY ARROVWBOARD SE498197 HS50105250109900 SANTA ANA 981 1994 KENWORTH T8005 4Y83114 lXKDD130X3R8628655 YUCAIPA 983 NISSAN KCPHOIA15 FORKLIFT KCPH01P900624 RIVERSIDE 984 PROLINE PRESSURE WASHER 4FM7440 RIVERSIDE 985 1998 INGERSOLL-RAND PI85INJD AIR COMTPR SE479024 288580 SAN"T"A ANA 986 1998 INGERSOLL-RAND P185 SE588170 28658'1 SANTA ARIA 987 INGERSOLL RAND PI85VtJD-A1R COMPS SE541690 276s905UEH221 LOSS 991 SPCN WATER TANK SE534992 3284801 SANTA ANA IRIV 993 2000 INGERSOLL-RAND LIGHTSOURCE 311307VDK789 RIVERSIDE E 1999 INGERSOLL-RAND LIGHTSOURCE SE480729 305998UJJ789 RIVERSIDE1998 HIGHWAY SAFETY ARROWBOARD SE502247 HSI$0108270109900 RIVERSIDE 1998 HIGHWAY SAFETY ARRC1WB JARS? SE523395 M9RA09171C570110 RIVERSIDE 1998 HIGHWAY SArETY ARROWBOARD SE534993 1 9BA09193C570340 MVERSIDE 1998 HIGHWAY SAFETY ARROWBOARD SE523306 IM9BA0910C570109 RIVERSIDE EQUIPMENT LISTING AS OF 5/10/2011 ASSET NO DESCRIPTION LICENSE VIN DRIVER LOCATION 100 2009 PETERBILT 388 MOVE TRUCK BENSIOO 1XPWDBOX79DI71759 SANTA AhA 1001 1995 FORD LN-80€10 8L04066 1FDXR82EISVA74928 RIVERSIDE 1002 1986 FORD LN-8000 5P99803 1FTXR82A8JVA25810 YUCAIPA 1003 1995 FORD EA-9000 6Ms86927 1FTYS95V3SVA1925.1 RIVERSIDE 1004 1988 FORD LN-8000 5€274446 IFTXR82AOJVA25834 NON-OP RIVERSIDE 1006 1988 FORD LN-8000 5557844 1FTXR82A8JVA26838 NON-OP RIVERSIDE 1006 1996 FORD LN-8000 71-77799 1FDXR82E6TVA10188 NON-CEP RIVERSIDE 1007 1996 FIORD LN-80008F79875 1FDXR82EXTVA09464 RIVERSIDE 1008 1995 FORD LTA 9000 7V23377 1 FTYY95W5SVA28797 SANTA ANA 1009 1995 FORD LA-9000 8Y25313 IPTYS9W6SVA71859 ANAHEIM/SA 1171 1998 PETERBILT 379MOVE TRUCK 9836879 1XP50B0X6WD463246 YUCAIPA 1010 1990 FORD LN-8000 5WO8933 1 FTXRMA31-VA37320 NON-OP RIVERSIDE 102 1986 FORD L-8000 7L77549 1 FDXR80U2GVA59887 NON-OIC SANTA ANA IRIV 1024 1994 FORD LA9000 DUMP TRUCK 7M95011 1F0YS=35R3RVA3F31277 NC?N-OP SANTA ANAIRI1l 103 1990 FORD LN-8000 8PB8675 1FTXR82ABLVA24739 RIVERSIDE 104 1988 PETERBILT 379 BEN5104 IXP5DB9XXJD263420 SANTA ANA 105 1988 FORD LN-9000 BENS105 IFDYY95X3JVA31765 R€VERSIDE 106 1990 PETERBILT 379 MOVE TRUCK BENS106 1XP5DB9X4LD299011 SANTA ANA 107 1989 PETERB[LT 379 BENS107 1XP5L8gX8KD281791 SANTA ANA 108 1992 PETERBILT 378 MOVE TRUCK BENS 108 1XPF099XON0313980 RIVERSIDE/YUC 109 1992 PETERBILT 378 8Y61335 1XPFQ59X4ND313982 SANTA ANA 110 1995 FORM LN-8000 7U60966 1FTXR82E4SVA60493 NON-OP ANAHEIIMJSA 111 1992 PET ERBILT 378 TRACTOR BEDS 711 1XPFDB9XXND313971 SANTA ANA 113 1995 FORD F-800 FLATBED 14Z51514 4FDNF80C18VA36567 SANTA ANA 114 1990 FORD L-8000 Isymolo 1FTYR82A1LVA41743 NON-OP RIVERSIDE 115 1990 ISUZU VV7 TRACTOR SEARCAT SPREAD1 R 4F92728 JSDWA1S9L3400109 NON-OP SANTA ANA/RIV 116 19903 FORD LN-8000 SERV TRK 5R74108 1FTXR82A9LVA24717 NON-OP RIVERSIDE 117 1992 FORD CF-8000 BEARCAT 4P74299 1FDXH81A4NVA20464 SANTA ANA 120 1990 FORD LN-8000 5U57012 1FTXR82A1LVA24694 NODI-OP ANAHEIWRIV 121 1995 FORD LTA-9000 SR94390 iFTYY95U55VA79781 ANAHEIM/SA 122 1995 FORD LA-9000 7V23430 1FfYS95V2SVA71776 RIVERSIDE 123 1995 FORD LA-9000 7..77954 IFTYS95VISVA19250 NON-OP RIVERSIDE 124 1999 FORD STRL.NG L8513 DUMP TRUCK 71-77953 2FZ6MJBAOXAA94945 RIVERSIDE 125 1995 FORD LTA-9000 9A87287 1FTYS95V2SVA7I860 SANTA ANA 126 2000 STERLING L7501 SERVICE TRK 6M56073 2FZHAJBA5YAG09649 SANTA ANA 127 1999 STERLING L6613 5X48133 2FZ6MJBA0XAA51397 RIVERSIDE 128 1995 FORD LTA-9000 6M29588 1 FTYY95U2SVA43126 *ANTA ANA 129 1995 FORT]LTA-9000 6M29587 1FT"YY95UlSVA48825 SANTA ANA 130 1995 FORD LTA-9000 61N29589 1FTYY95U35VA49548 SANTA ANA 131 1989 GMO DP DUMP TRUCK 7244291 lGDM7D1Y5KV505865 NON-OP RIVERSIDE 132 1996 FORD LN-8000 7L77743 1FDXR62EITVA23320 RIVERSIDE 139 1993 FORD CF-8000 BEARCAT 7B54776 [FDXH8IAPVA24061 SANTA ANA 134 1988 PETERBUILT357 7V23447 1XP'AHA7X3JD262965 SANTA ANA 135 1988 PETERBUILT 357 7S96496 1XPAHA7X5JD262.966 SANTA ANA 140 2006 PETERBILT 357 8Y61203 1NPALFOX36N642261 BEN'S EX ANAHEIM/R1V 141 2006 PETERBIJ 357 8025647 1NPALFOX56N642262 BEN'S EX RIVERSIDE 142 2006 PETERBILT 357 8E69875 iNPALT-OX75N642263 BEN'S EX RIVERSIDE 143 2006 PETERBILT 357 0256451NPAL.FOX96N642264 BEN'S EX R[V RSIDE 144 2006 PETERBILT 357 8D26750 1NPALFOX96N642265 BEN'S EX RIVERSIDE 145 1.2006 PETERBILT 357 8D25646 INPALFOX26N642266 BEN'S EX SANTA ANA 146 2006 PETERBILT 357 8J-10948 1 NPALFOX46N642267 BEN'S EX NON-OP SANTA ANA 1RIV 147 2006 PETERBILT 357 8D26762 INPALFOX66N642268 BEN'S EX NON-OP RIVI R51DE]SA 148 2006 PETERBILT 357 8Y61281 1INPALFOX86N64226S BEN'S EX SANTA ANA/RIV 149 2006 PETERBILT 367 SY61205JIMPPA NALFOX86N642272 BEN'S EX 5ANTAANA 150 2006 PE T ERB#LT 357 8Y61282LFOXX6N642273 BEN'S EX SANTA ANAlRIV 151 2006 PETEMRSU 357 81=59877 1 NPALFOX16N642274 BEN'S EX RIVERSIDE 152 2006 PETERHILT 357 8D26761 1 NPALFOX56N642276 SEWS EX RIVERSEDEISA 153 2006 PETERBILT 357 8Y61204 1 NPALFOXM642277 BEN'S EX SANTA ANA 7RIV 154 2006 PETERBILT 357 SD26759 1 NPALFOX06N842279 BENS EX RIVERSIDE 156 2000 STERLING ACTERRAfDUMP TRK BB62750 2FZHRJBAMF13754 SANTA ANA 1667 2005 STERLING DS 9DO5216 12FWBA2CV05AN83304 SANTA ANA IRIV 158 12000 STERLING AT9513 9B39664 2FtNYHWDE32YAF22402 YUCAIPA 200 1995 FORD F-350 7R94912 2FDKF37F7SCA62473 NON-OP RIVERSIDE 2001 1995 FORD F-350 6U04683 1FDKF37FiSEA57067 NON-OP RIVERSIDE 2002 1995 FORD F-350 5F85342 IFDKF37FXSEA57066 NON-OP RRtERSIDEISA 201 1982 FORD L-8000 TANKER 9AO3236 1FDXR80U3CVA04956 NON-OP ANAHEIM/SA 202 1991 FORD LTA 9000 TANKER 8L61559 iFDYY95X7MVA20000 SANTA ANA 203 1985 FORD LIQ i-nOO TANKER 8V30827 1FDYW9OX8FVA17204 NON-OP SANTA ANA 264 1989 FORD L-8000 TANKER 9C50117 1 FTYR82AMA34939 SANTA ANA 205 1995 FORD LTLA-9000 TANKER 5P48182 1 FTYA95S2PVA12114 NO OP SANTA ANA 2061 1991 FORD LTA 9000 TANKER 8Y25267 iFDYY95X2NIVA19949 SANTA ANA 207 2003 STERLING SEAT-TANKER) 8Y25370 2FWJA3.AS53AL77578 SANTA ANA 208 2004 STERLING S T RONGARM 26929A1 2r-WWEWEBBYAA77452 SANTA,ANA 249 2001 STERLING AT9513 9586404 2FWJA3AS81AH38172 SANTA ANA 303 1988 F012D L-9000 SE481889 1 FTYR90L4GVA57127 YUCAIPA 304 1990 FORD L-8000 9E00079 1 FTYR82A2LVA41752 NON-OP SANTA ANA 305 1987 FORD L-8460 SE505936 1 FTXR82A5HVA44504 SANTA ANA 306 1989 FORD LN8000 WATER TRCK SX79190 lFTXR82A2KVA17154 NON-Oso SANTA ANA 307 1.990 FORD LN8000 WATER TRCK SE481888 1 FDWR82AOL.VA03374 SANTA ANA 308 1995 FORD LTA-9000 6R76932 1FDYY95V6SVA12675 SANTA ANA 4D3 1998 KUBOTA B7300 SEAL TRACTR 10447 SM—i A ANA 405 2000 NEW HOLLAND 545D TRACTOR A444492SANTA ANA 4056 2007 CAT P0205 COLD PLANER RBG00422 _ SANTA ANA 406 1999 NEW HOLLAND 545D TRACTOR A444802 � SANTA ANA 407 2041 CASE 95XT SKIDSTEER JAF031"408 RIVERSIDE 409 2007 JOHNDEERE 2305 SEAL TRACTOR LV2305H320429 SANTA ANA 410 2006 JOHNDEE;RE 2305 SEAL TRACTOR LV2305H227062 SANTA ANA 411 1999 CASE 95XT SKID STEER JAF0237635 YUCAIPA 412 1995 JOHN!DEERE 755 PETROMAT LV0755B170044 SANTA ANA 420 11118 JOHN DEERE 855 SEAL TRACTOR LVO855E300427 SANTA ANA 422 2001 CASE 18450 SKID STEER JAF0334367 RIVERSIDE 423 2001 CASE 6OXT SKID STEER JAF0348929 RIVERSIDE 424 2001 CASE 6OXT SKID STEER IJAF0348969 RIVERSIDE 425 2002 CASE 95XT SKID STEER JAF0237485 ALMON 427 2004 CASE 95XT SKID STEER JAF0363597 RIVERSIDE 428 1997 FORD 545D TRACTOR A441246 YUCAIPA 420 1999 FORD 545D TRACTOR A442627 RIVERSIDE 430 2003 JOHN DEERE 4210 PETROMAT LV421CH220281 SANTA ANA 433 2001 JOHN DEERE 31OG BACKHOE T0310GX896319 RIVERSIDE 434 2004 CASE 95X'f SKID STEER JAFDS63585 RIVERSIDE 435 2004 CASE 70XT SKID STE=ER JAF401951 RIVERSIDE 4361 2004 CATERPILLAR 248B SKfD STEER CAT00248H6L.ZO1204 YUCAIPA 438 1998 FORD 545 D TRACTOR A442003 RIVERSIDE 439 2000 NEW HOLLAND 545D TRACTOR A443484 SANTA ANA 440 2000 NEW HOLLAND 545D TRACTOR A443483 SANTA ANA W 000 NII V/I fOLLANt3 545LJ TRACTOR A443482 SAN000 NEW HOLLAND 545D TRACTOR A442599 RIVERSIDE 004 CATERPILLAR 2488 SKID STEER SCL01576 RIVERSIDE 005 CASE 465$KID STEER N5M404296 YUCAIPA 000 FORD 545D TRACTOR A444549 RIVERSIDE 000 FORD 545D TRACTOR A444519 SANTA ANA 451 2007 JOHN DEE=RE 410 0 BACKHOE T0410GX961988 SANTAANA 453 2007 CATERPILLAR 2686 SKID STEER CAT0268BVLBAO1921 RIVERSIDE 454 2007 CATERPILLAR 2685 SKID STEER CATO268BVLBAD169B RIVERSIDE 455 2{7(77 CATERPILLAR 2688 SKID STEER CAT0268BTLBA01743 SANTA ANA 456 1998 FORD 545D TRACTOR A442260 SANTA ANA 457 NEW HOLLAND SEAL TRACTOR HB10066 SANTA ANA 458 JOHN DEERE SEAL TRACTOR M00455CO70140 SANTA ANA 475 1998 FORD 54513 TRACTOR A441976 RIVERSIDE 476 2005 CATERPILLAR 2488 SKID STEER. CAT0248BESCLOO611 ` RIVERSIDE 477 2005 CATERPILLAR 2688 SKID STEER LBAGO86B SANTA ANA 478 2007 JC1HN DEERE 410J BACKHOE T0410JX146538 _ SANTA ANA 490 2004 FORD 5450 TRACTOR A445027 SANTA ANA 491 2004 FORD 5545D TRACTOR A443902 - SANTA ANA 492 2000 FORD 545D TRACTOR A445096 SANTA ANA _- 493 2008 JOHN DEERE 210LJ SKIP LOADER T0210LJ890066 RIVERSIDE 494 2008,3OHN DEERE 210LJ SKIP LOADER TO2101-J890026 SANTA ANA 5005 1998 BOMAG BW 100A03 Vila ROLLER 101150511769 RIVERSIDE 5006 2000 DYNAPAC CC-1012 ROLLER 60115132 RIVERSIDE 5016 2004 CASE DV201 ROLLER DDD001804 RIVERSIDE 5017 2004 CASE ROLLER DV201 DDD001813 RIVERSIDE 5025 1997 DYNAPAC CC-142 ROLLER 60211405 SANTA ANA 503 1991 FERGUSON 3-5A ROLLER 3524 RIVERSIDE 504 1997 DYNAPAC CC-142 ROLLER 60211404 RIVERSIDE 505 2006 DYNAPAC CC-142 ROLLER 60213543 SANTA AMA 5083 2006 DYNAPAC CC 142 ROLLER 60213463 SANTA ANA 506 1993 INGERSOLL-RANDST W ROLLER 5105SAC SANTA ANA 507 1966 HYSTER 03408 ROLLER 8946123230 RIVERSIDE 514 2003 DYNAPAC CC142 ROLLER 60211881 RIVERSIDE 515 1998 INGERSOLL-RAND DD-90 ROLLER 152265 SANTA ANA 516 2001 INGERSOLL-RAND DD90HF 456035 SANTA ANA 517 2000 INGERSOLL-RAND OD-90 ROLLER 148188 SANTA ANA 518 1999 INGERSOLL-RAND DD110HF ROLLER 160731 SAN TAANA 522 1986 HYSTER C340B ROLLER B89CS484 RIVERSIDE 525 2004 iNGERSOLL-RAND DD90HF ROLLER 179618 SANTA ANA 526 2€704 DYNAPAC CC142 ROLLER 50212962 SANTA ANA 527 2004 DYNAPAC CC142 ROLLER 60212963 SANTA ANA 528 2004 INGERSOLL-RAND DD90HF ROLLER 178032 SANTA ANA 529 2006 DYNAPAC CC 142 ROLLER 60213311 SANTA ANA 530 2005 MERSOLL-RANI?DD-90HF ROLLER 184720 SANTA ANA 536 2000INGERSOL,L-RAND 00-110 ROLLER 147720 RIVERSIDE 537 2000 INGERSOLL-RAND DD-110 ROLLER 147877 SANTAANA 641 2000 DYNAPAC CC-142 ROLLER 60211955 SANTA ANA 542 2000 DYNAPAC CC-142 ROLLER 60211870 RIVERSIDE _543 2000 DYNAPAC 00142-ROLLER 60211909 SANTA ANA 544 2000 DYNAPAC CC-142 ROLLER 6021188$ SANTA ANA 545 2000 DYNAPAC CC-142 ROLLER 80211986' SANTA ANA 551 2006 DYNAPAC CC 142 ROLLER 60213417 RIVERSIDE 552 12oo4 DYNAPAC CC142-ASPHALT ROL 60212802 SANTA ANA 553 2005 CATERPILLAR CB334E ROLLER C4FOO224 SANTA ANA 554 20115 CATERPILLAR CB334E ROLLER C4FOQ225 SANTA ANA 600 1999 FORDX 6350 ECONOL,I CARGO)VAN 6809465 1 FDWE47F2XHA20898 MARI O SANTA ANA. 6001 200 3 FORD F-450 TOOL TRUCK BM85567 iFDXW48R28EE23f122 SANTA ANA 6010722008 FO7 F-450 SERVICE TRK 81YI85568 1F"DXX46R7gE808150 JOE Z. ANAHEIMISA 6005 1999 FORD F550 7.244184_ 1FDAFMMEB17513 NON-OP ANAHEIM/RIV 6006 1999 FORD F450 6H19990 1FDXF46F6XE884983 YUCAIPA 6007 7999 FORD F-250 PICKUP 5185859 1F DNX20F6XED13435 RUNNER YUCAIPA 602 1997 FORD F-450 PC TOOL TRK 16C52799 1FDLF47F6VEC60972 NON-OP RIVERSOEISA RStDE 6022 2006 FORD F-450 ,85673 IFDXF46P76EA79618 RlVE 83 725 20017 FORD F-350 8838929 1FT WW32P67E8d0511 MILES DAV SANTA ANA 727 2004 FORD F-150 7R83030 1 FTPX12514KD87970 BOB A. RIVERSIDE 728 2007 FORD F-150 8M07459 1FTRF12247KD32807 SPARE RIVERSIDE 732 1997 FORD F-250 5867707 1 FTHX25FI VE631388 RON R. SANTA ANA 733 i996 FORD F-350 6D79008 1FTJW35F7TEB59736 FRED R. SANTA ANA 736 2007 FORD F-150 8L42475 1FTRF12207KD32805 RIVERSIDE 737 2007 FORD F-150 80.38162 1FTRF12267KD32808 OSVALDO RIVERSIDE 738 1999 FORD F-250 8W21353 1FTNX20F3XEA53547 TOMM GONE. ANAHEWSA 740 2002 MERCEDES-BENZ S 600V BENSAC1 WDBNG75JX2A22487G JOHN S. SANTA ANA 741 1965 CHEV ZB64PU 5H97678 136805KIC0001 BILLY S. ANAHEIMISA 742 2007 FORD F-150 8L43704 1FTRF12227K032806 RIV RIVERSIDE 766 2002 FORD F-250 8Y2.5208 1FTNX20F32E096803 SANTA ANA 768 2043 FORD F-250 7X392(11 1 FTNX2flP23EC7dd90 SANTA ANA 70 1999 FIORD F-250 5235866 iFTNF20FOXEB61482 KEITH J. SANTA ANA 773 2003 FORD F-250 7B41714 iFTNX20FX3EA04257 GORDON YUCAIPA 774 2005 FORD EXCURSION 6KMR940 1FMNU42P05EA05989 NEL80N SANTA ANA 775 2008 FORD F-450 8537007 1FDXF46R58EA56657 RiAN FJI. RIVERSIDE 776 2005 FORD F-150 7T31030 iFTRW124V85KC37957 JAY THORB ANAHEIMISA 779 2005 FORD F-150 7T33124 IFTPX12545NA16009 SPARE SA SANTA ANA 763 2045 FORD TRUCK F-150 SERIES 7973954 1FTPW 12555KB88571 ANDY SANTA ANA 786 2005 FORD F-150 SUPERCREW 7X32137 1FTPW 1258KD21937 BRIAN G SANTA ANA 787 200&FORD 4G 7Y23606 1FTRX12W56KB27480 TONT LUNCH YUCAIPA 788 2006 FORD F-250 CREW CAB 156 8634443 iFT8W20P26ED01543 DAVE B. ANAHEIM/SA 789 1999 FORD F-250 8N12677 1FTNF20F2XEB61483 SPARE SA SANTA ANA 791 2066 FORD F-350 XLT 4x2 SD SV30650 1FTWW32PdGED01545 TOMM GONE SANTA ANA 792 2006 FORD F-150 SUPERCREW 8B10671 iFTPW12536KC878i3 DAVE P. SANTA ANA 793 2006 FORD F-250 8B10668 1FTSW20P46EDG1544 DAVE Z SANTA ANA 794 1968 CHEVROLET CP 2ATJ209 12*378L313259 BILLY ANAHEIMISA 795 2005 FORD F-150 7U02644 1FTRFIV..75KC57288 SPARE SA RIVERSIDEISA 798 1966 C-IEV 14DrK680 1361762146052 BILLY SANTA ANA 800 1997 ZIEMAN 271 CA TRAILER 1VVC1886 1ZCE35A25VZP19831 RIVERSIDE 8001 1995 TRAILKING TK40 TRAILER 1VT2085 1T'KCO2427SM109516 RIVERSIDE 8003 1996 TRAILKING TK40 TRAILER. 4DM7954 1TKCO2420TMB3200 RIVERSIDE 801 1998 ZIEMAN 1155 TRAILER l WC1885 1ZCT23B22WZP19798 RIVFRSIDEISA 802 1997 ZiEMAN 2710A TRAILER IWA5332 1ZCE35A29VZP19833 RIVERSIDE 803 1997 ZtEMAN 1155 TRAILER 1WC1888 iZCT23820WZP19797 RIVERSIDEISA 804 1998 ZIEMAN 2725 TRAILER 1VX3785 1ZCE35A23WZP19800 PERM ANAHEIM/RI 805 1995 TRAILKING TK40 TRAILER 1VT2086 ITKCO2425SM1095155 SANTA ANA 808 1983 CHEROKEE LOW SIDE iWJ7181 1C91EFE29D1095056 SANTA ANA IRIV 809 1995 BENS BUfLT SPDR BAR TRAILER 4DK8553 CA813263 SANTA ANA 8105 5992 ZIEMAN 1155 TRAILER IVT8540 1ZCT22E22NZP16629 SANTA ANA 811 1984 COZAD TRAILER 4DK8444 109A42209EI167003 SANTA ANA IYUC 812 1999 BEN'S BUILT SPDR BAR TRAILER 1HM6999 CA837155 SANTAANA 813 1996 TRAILKING TK40 TRAILER 4DM7953 1TKCd2422TMOS32131 ANA14EIMIRIV 814 1995 K.C.WELDING PETROMAT TRAILER 1 WA5332 KCWMTRL065795103D SANTA ANA 815 1996 LANDOLL 317A TRAILER 4DK8439 OLH17AUH7T1008163 RIVERSIDE 817 1996 TRAfMNG TK40 TRAILER 4DKO421 iTKO02622VMd97101 RIVERSIDE 818 1997 TRAILKING TK40 TRAILER 4KJ8738 1TKCO2620V€&97100 RIVERS{DE 819 1998 ZIEMAN 2725 TRAILER iVX3766 1ZCE35A20WZP19799 PERM ANAHEIM/SA 820. 1997 ZIEMAN 2710 TRAILER 1VY6698 iZCE35Z20VZP19834 PERM „RIVERSIDE_ 821 1998 ZIEMAN 1155 TRAILER 4u5182 1ZCT23829WZP19796 SANTA ANA 822 1997 ZEMAN 2710 TFWLER iVY6699 1ZCE35A27VZP19832 PERM ANAHEIMISA 823 1998 LANDOLL 660 TRAILER 1W07605 1IwH660UH8W1009216 PERM SANTA ANA 824 1999 TRAILKING TK40LP TRAILER 1WK5190 ITKO02727XM048607 ANAHEIM18A 825 1599 TRAILKING TK40LP TRAILER 4JS2225 1TKCO2729XM048608 PERM SANT A ANA/RIV 826 1999 TRAILKING TK40LP TRAILER IWF6235 1TKCO2720XMG48609 RIVERSIDE 827 1999 TRAILKINO TK40LP TRAILER 4DC1714 .1TKCd2726YMG90400 SANTA ANAIRtV 828 1999 TRAILKING TK40LP TRAILER 4109348 'ITKCO2728YM090401 SANTA ANA 829 1999 TRAiLKING TK40LP TRAILER 4DC1713 1TKCO272XYM090402 SANTA ANAIRIV 830 2001 BENS BUIj SPDR BAR TRAILER 4DC1916 CA908119 SANTA ASIA 831 2000 TRAILKING TK40LP TRAILER 4DB2270 1TKO02627IM074455 R1VER5€DE 832 2000 TRAILKING TK40LP TRAILER 41)B2854 1TKCO2629IM074456 RIVERSIDE 833 2000 TRAILKING TK40LP TRAILER 4DK839i3 1TKCO2726IM094971ANAHEIMIRIV 834• 2001 TRAILKING TK40LP TRAILER iWX7846 .1TKCO272611MD57354 — SANTA ANA 835 2001 TRAILKING TK40LPTRAJLER 4KE7822 1TKCO27281MD57355 PERM SANTA ANA 836 2001 TRAtLKiNG TK401-P TRAIL;-:R 1 WX7844 ITKO0272XIM067356 SANTA ANA 837 1998 BiG TEX TRAILER 4DK8452 16VHX2021W1800213 ANAHEIMISA 838 20131 TRAILKING TK40LP 4UK8401 ITKCO26201MI15671 YUCAIPA 639 2001 TRAILKINGTK40LP 4D0382 iTKCO26221M115672 RIVERSIDE 840 20011 BENS BUILT SPDR BAR TRAILER 4FJ2916 jrA9G,9126 SANTAANA 841 1 1996 BENS BUILT SPDR BAR TRAILER 4DK8554 CA813248 SANTA ANA 842 2004 TRAIL KING TK40LP 4AR5138 1TKCt326291M084758 ANAHEIMISA 843 2001 TRAILKINC TK40LP 4AR5139 11TKCO26291M084769 ANAHEIMISA 844 2002 BENS BUILT SPDR BAR TRAILER 4BV5356 CA805383 PERM ANAHEIM 845 2002 BENS BUILT SPOR BAR TRAILER IEP&714 CA895384 ANAHEIM 846 2001 CARSON 18 HEAVY TRAILER 4DE9603 4HXHD18231CO33643 SANTA ANA 848 200BTRMLKING TK110HDG 4BU6754 1TKJ0533X8M124135 PERM YUCAIPA 850 2009 LANDOLL 435B 4JU2518 ILH435UH381BI6533 PERM SANTA ANA 851 2000 ZIEMN FB 4EX8002 1ZCE26S274ZP25510 ANARDWRIV 853 1994 SPREADER BAR TRAILER 4DB2E471 CA725224 SANTA ANA 854 2000 TRAILER HYDRO TEK POKIER AZ-262-633 SANTA ANA 855 2007 SEAL TANK TRAILER 4JJ7828 1 S9G5162170420009 SANA ANA 856 2005 CABLE CARRIER TRAILER 5E3SK18N251000191 RIVERSIDE 9001 2008 CATERPILLAR PC206 COLD PLANER RBG00497 RIVERSIDE 9002 613'BROOM 20061/1-0022 842025 SANTA ANA 9003 2007 SPCNS TANK TRAILER 4JJ3957 CA1003109 PERM SANTA ANA. 9004 CRAFCO CRACKFILL MACHINE SE527294 6.90401E+13 SANTAANA 9005 1998 BRADCO T1000 SPDR BAR 9806X8827 SANTA ANA 9006 2010 ROA©TEC RX-500-3 COLD PLANER RX500-3X230 YUCAIPA r9- 007 UNKNOWN SOLAR ARROW BOARD SE481353 HSIS01045020399 SANTAANA 0{18 POWER WASH STEAM CLEANER UNKNOWN ID9EU08157S59 SANTA ANA 9009 CAT PC 205 COLD PLANER ATT RBG00418 RIVERSIDE 9010 CAT PC205 COLD PLANER ATT I RBG00277 RIVERSIDE 9011 SWEEPER,ATT 20072M-022 741048 RdVERSIDE 9012 CAT PC205 COLD PLANER ATT IRBG00323 RIVERSIDE 9013CAT PC 205 OCLD PLANER ATT RBG00132 SANTA ANA 9014 T IIoBcAT 611`SWEEPER ATTACH 714414343 YI.ICAIPA 9015 CONEQTEC UNIVERSAL GRINDER 3469 YUCAIPA 9016 CAT 966 LOANER 99YO3970 YUCAIPA 9017 CAT'988 LOADER 5OW08124 YUCAIPA 9018 SWEEPSTER SWEEPER ATTACH FF0052124 YUCAIPA 9019 1997 INGERSOLL-RAND P175 COMPRES SE855062 274805UCH218 SANTA ANA 902 1996 BL W-KNOX PE-3200 320002-10 RIVERSIDE 9020 2010 SULLIVAN-PALATEK D185P2JD AIR COMP 100106 SANTA ANA 9021 2000 EZ-GO 4-PA8S 627785 SANTA ANA 9022 1980 FORKLIFT MODEL#RCC 40.13 PS 125797 RIVERSIDE Wn ALLMAND ARROW BOARD J0662AS07 RIVERSIDE 9024 2008 ARROW 130ARD iM9BA09148C570947 RIVERSIDE - 9028 1988 BLAVVK NOX PF-115 PAVING 1150920 RIVERSIDE 903 1°98 INGERSOLL-RAND PF3200 PAVER 320019-02 T SANTA ANA 904 1998 SLAW KNOX PF3200 PAVER 320019-09 SANTA ANA 905 2001 BLAWKNOX PF3200 PAVER 320027-70 SANTA ANA 90£1 2005 1NGERSOLL-RAND PF3200 PAVER 1185216 SANTA ANA 907 2605 INGERSOLL-RAND PF3200 PAVER 186317 � SANTA ANA 604 1998 FORD F-450 TRAFFIC TRK 5X51081 1 FDXF46F6XE851322 SANTA ANA 605 1999 FORD F-550 5X53317 1 FDAW56F4XES33932 TIM SANTA ANA 6026 2000 FORD F-450 BD81873 1FDXW46F2YEB36057 NON-OP RIVERSIDE 607 20010 FORD F-450 6D81872 1F0XW46F4YFB36058 PCC SANTA ANA 609 1994 FIORD F-SUPERDUTY 5RO9597 1FDF47K2REA15038 NON-OP RIVERSIDE 610 2001 FORD E-450 STRIPPING 6L46570 IFDW.E45F71HA52837 SANTA ANA 613 2007 FORD F-550 SERVICE TRK 8F26623 1FDAF56P17EA28435 JARED K. RIVERSIDE 814 1997 FORD E350 STRIPPING 5N84525 iFDLE47F6VHA89870_ NON-CP SANTA ANA 616 2€301 FORD F-450 SD FLATBED 6Y96340 IFDXF46I"1 IEA43097 MIGUEL SANTA ANA_ 617 2001 FORD F-450 8P88676 !FDXF4 r6lEA43094 TRAFFIC YUCAIPA 618 2001 FORD F-4.50 TOOL TRUCK 8X38088 1FDXF46F41EB35997 ALBERT C YUCAIPA 619 2001-TORE)F-450 TOOL TRUCK 6Y96339 1FDX17431'X1E636006 NON-OP ANAHEIMFRIV 620 2008 FORD F-550 TOOL TRUCK SP88624 IFDAW56R66EB15248 SANTA ANA 621 1999 FORD F450 SERVICE TRK 6E47750 I FDXP46F9XEB50472 RAPHEAL YUCAIPA 622 2008 FORD F-550 TOOL TRUCK 8N86928 1 FDAW56R08EC52377 SANTA ANA 623 12006 FORD F-450 80563431FDXF46P06EC34705 RIVERSIDE 624 1200,8 FORD F-550"COOL TRUCK BN88062 1FDAVV56R48EB15250 SANTA ANA 625 12008 FORD F-550 TOOL TRUCK 8N88061 iFDAW56R88EB15249 SANTA ANA 625 2€108 FORD F-550 STRIPPING 849867 1FDAF66R28ED61908 SPARE SANT AANA 627 2008 FORD F-550 STRIPPING 8P89868 1FDAF66ROSED61907 KYLE SANTA ANA 630 1999 FORD F-550 SA SERVICE 5U14135 1F1)AF56F2XEA5354:5 FLACO SANTA ANA 632 1999 FORD F-550 CREW CAB 5XO5128 IFDAW56FOXES00393 SA SANTA ANA 633 2007 FORD F-450 SD 8R27384 1FDXW46PX7E532247 SA SANTA ANA 648 1999 FORD F-550 SPARE TOOL 16A46061 1 FDAW56F3XEB42461 NON-Op RIVERSIDE 700 1999 FORE?F-350 SENSAC2 1 FTWW33F6XEC66646 BILL SKEF ANAHE3MIANA 7000 2007 FORD P-250 18F26601 IFTSX2OP27EA64339 PAT P. RIVERSIDE 7GOI 2001 LINCOLN DIAMOND LIMO ACPARTY 4UZAACBWIICHU198 SANTA ANA 7004 12008 CADILLAC ESCALADE ESV TAXI48 1GYFK66818R219538 LAURiE.S ANAHEIM/SA 7006 2000 HUMMER H1 WAGON 6AQW583 137ZA8331YE188358 BILLY ANAHEIMiSA 7007 2003 FORD F-250 SO 71H18692 1 FTNW20P63ED44775 TOP M GONE ANAHEIMISA 7008 2008 FORE)F-150 BU77320 11FTPW12558FS80001 CHUCK ANAHEIMISA 7007 1994 JAGUAR CV 3LGH239 SAJNX274DRC192295 LAURIE S. ANAHEIMISA 701 1995 FORD F-250 5J11517 IFTHX25176TEA32864 NON-OP SANTA ANA 7010 2009 FORD F-150 8W62218 LUKE SANTA ANA 7011 20066 CHEVROLET IMPALA 6MKP395 2G-IW858K56933B203 BILL G SAN TAANA 7012 2006 DODGE CHARGER 4DR SDN 6GHZ576 2B31-A73WOSH511426 JOHN S. SANTA ANA 7015 12006 FORD F-150 8E36370 IFTPW12506FB18759 STEVE R. SANTA ANA 7016 12000 F-250 ARROW BOARD 8V90210 3FTNF20L9YMA63251 RIV I RIVERSIDE 7017 12008 JEEP WRANGLER 6FAS236 1J4GA59118L538649 BILLY 5ANITA AMA 7018 12009 ROLLS ROYCE PHANTOM 6HJY276 SCA3C67599UX32102 HILLY SANTA ANA 7019 12011 FORD FLEX 6PIA635 2FMGK5CC86BD21664 JS SANTA ANA 702 11999 FORD F-350 6DI9088 iFDWF36F6XEE23552 RIVERSIDE 703 1999 FORD F-350 8N13017 1FDWW37F6XEA63486 TOMM GONE SANTA ANA 704 1999 FORD F-250 BENSAC4 1FTNW20F9XEE78077 NON-OP SANTA ARA 706t2001 RD F-350 DUALLY 61152437 1 FTWX32F6YED07390 SPARE SANTA ANA 2710 081EP UT 4BOOTSY 1J4GB39187L117561 LAURIE.S ANAHE-AYSA 084UB CAR GAS iAGO251-235735 UNKNOWN MMERHUtt MER(PERSO)NAL BENSAC �SCRGN23(143H144066 JONNY SANTAANA 15RD F-250 16N52655 3FTNX20F51MA10586 JUAN S. SANTA ANA 716 2004 FORD F-150 17PO8830 IFTPWI4654KC66777 ROBBIE YUCAIPA 718 1999 FORD F-250 15Y31754 .1FTNX20F3XEC66031 TOMM GONE SANTA ANA 719 2003 FORD F-150 7F13841 ;lFTRWt'76X3KC62312 TERI SANTA ANA 720 1979 VOLKSWAGON BUG 15WFZ69D 11592028176 BELLY SANTA ANA 721 r2007 7 FORD F-250 8H26681 �1 FTSX20P37EA76855 CHEWY R SANTA ANA 722 8 FORD F-250 81124785 5FTSWMOR381'C58920 JOHN HAW SANTA ANA 723 8 CADiLLAC ESCALADE 6EQU596 1GYFC66818R233176 KAREN S. SANTA ANA 724 FORD F-250 81-127551 JIFTSX2OP77EB19433 MIKE,T ANAHEIMISA LIST OF SUBCONTRACTORSIVENDORS THIS PACE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. \nK. Proposer's Name Company Name Business Address 3. 7 ° S Business Telephone Number Name Address Phone Type_of Work Sign u . Compare 7 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Hardy and Harper, Inc. (hereinafter referred to as the "Contractor'). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide asphalt, crack seal, and seal coat maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services, NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A,"attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on January 1, 2012, This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for asphalt services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on, a project basis, which shall constitute the Contractor's authorization to proceed, 12 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor 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 Contractor 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. Section 5. Limitations on Subcontracting and nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra 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 Contractor's fees.. Section 7. Farniliarily with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Lary; E-serif . 9.1. Compliance with Larry. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Vorify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at htto://www.uscis-clov, or access the registration page at https://e-verify.uscis.,qov/enroll/. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor 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 Contractor. Section 11. Not Applicable. Section 1 . Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that its acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14,1 Comprehensive General Liability. Throughout the term.of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit, 14.2 Comprehensive Automobile Liability, Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 141.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor 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. 4 t 14.4 Proof of.Insurance.Requirements/Endorsement. Priorto beginning anywork under this Agreement,Contractor shell submitthe insurance certificates, including the deductible or self reterition amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following. Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobilesowned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancel lationlTermination of Insurance. The above policy/policies shall not terminate, nor she'll they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City, except that ten (10) nays` notice shall be given if there is a cancellation due to f'ail'ure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with arty work under this Agreement untli the City has issued a written"Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 16. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any.party for cause-by providing ten (10) days' notice to the either 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 (14) clay 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: 5 To City: City of Sart Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Hardy and Harper, Inc; 1312 E. Warner Avenue Santa Ana, CA 92705 Attn: Steve Kirschner Section 17. Prevailing Wages. The CITY has been advised that.the Prevailing Wages l-aw applies to the work. CONTRACTOR shall be responsible for CONTRACTOR'S compliance in all respects with the prevailing wage rates to all the laborers involved, and. with California tabor Code Section 177.0 et seq., including the keeping of all records required by the previsions of `Labor Cade Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 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"). Secflon1�9.. 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. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Karen P. Brust, City Manager CONTRA OR Ha.rd a .r_ nc. By: St s n r Vicom e5 ,dent ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: l Omar Sandoval, City Attorney 7 -CITY OF SAN JUAN CAPISTRANO COUNTY OF {GRANGE, STATE OF CALIFORNIA r SPECIFICATIONS AND CONTRACT-DOC umENTS ASPHALTICRACK'SEALISEAL COAT MAINTENANCE AND REPAIRS NASSER ABBAS7ADEH PUBLIC WORK DIRECTOR JUKE 2011 -''..CvLJIY'3rr A GENERAL PROVISIONS REQUIREMENTS, PERSONNEL. EQUIPMENTMATERIALS AND SUPERVISION REgU1REMENTS a) Work will ordinarily be performed between the hours of 7:30 All and 5:30 PM, .Monday through Friday, During emergencies, work:may be required at other than normal hours. The Contractor must receive the approval of the director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above,. b) Contractor shall maintain an adequate crew of at fust two experienced employees to perform the service required. C) Contractor will be required to supply a list of equipment owned and available for . work. d) Contractor will be required to supply a list of references for similar work performed: e) Contractor will be required to supply list of sub-contractors if applicable. Contractor may be required to supply additional experience references if requested by City, g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with 'the prevailing wage rates to all the laborers involved, and with California. Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1.775 ,and the implementing administrative regulations. The City shall be a third,party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i3 I-Iourly rates and unit prices quoted shall include all safety equipment rewired, Traffic control°may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency Work small be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Prop'osal Prices; Statement of. Experience, Statement or Equipment, List of. Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and z General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At. any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect arty and all private property adjacent to work areas. Any damage to private, property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company, o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. P) Contractor must be able to provide a list of employee's names, states worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or. authori2ed.representative, the Contractor fails to supply .suitable equipment., an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force . specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon flim. Should he neglect or refuse to. provide means or satisfactory compliance with. the contract,.,as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSOf LNEL The contractor shall use and furnish all labor necessary.for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at ail times while engaged in the performance of their duties and maintain good beadng and deportment toward the public. Should for any reason ars employee be.unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, .shall cause that.employee tobe removed from the job and replaced by a satisfactory laborer. 2 (b) taborer Attire The Contractor shall-tequire each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and ether gear required. by Mate Safety Regulations, and proper wearing of clothing, which includes that shirts shall be warn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall:supply laborers with the skills to perform various semi-spilled. duties in connection with asphalt forming, laying, finishing and rolling, grading; operating a variety of land and power tools for purposes of maintaining public facilities and operating Y equipment. (d) Experience Supervisors/foremen shall have a minimum of five.(.5) years .of experience in the Asphalt construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the.City. (f) Knowledge and Abilities The Contractor's representative .shall have a general knowledge of the Asphalt construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMEN The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. Via) Vehicles Contractor shall display the name of their firm on anylall vehicles usedor otherwise by the Contractor's employees. The firm name shall be in letters ".large enough to be easily legible from a distance of fifty (50) feet during the -course of"fheir work: 3 . (b) Maintenance All equipment used by the Contractor shall be kept id a neat and clean appearance and maintained in top mechanical condition: All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage-of Eq'uipnent The Contractor is required to supply-storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used in the City, Material shall not be stared in the public right of way or any. other.City property without written authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor steall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall cheek with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFC)Rli ATJON The Contractor shall provide the City at all tines throughout the duration of this contract emergency telephone numbers of at least two { ) qualified persons who can be called for emergency conditions at any time' that Contractor's representatives are. not immediately available at the job site. An alternate emergency number shallbe provided in case no answer. is received at the first number. The emerge'ncy number shall 'be vsed to contact the representative of the Contractor who can take the necessary action required to.alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-snail complaints, requests for service, etc. (an answering service will. not be considered sufficient for this purpose) during normal City working fours. Normal City working fours are 7;30 A.M. to 5.30 P.M., Monday through Friday. 4 Contractor. is required to maintain an office within the Orange County area. Cohtractbr is further required to provide the City with a 24-hour emergency number for contact outside normal working hours, The response to an emergency call-out by the Contractor shall not be more than two (2) hours.and shall beconsidered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts . of God. EMERGENCY MEDICAL FACILITY The successful proposer i.s required to provide the City with one (1) copy of an "Emergency -Medical Facility Designation and Procedure Sheet" before a contract is awarded. Ori this sheet, the successful proposer must designate a twenty-four ( 4) hour emergency medical facility to provide. emergency medical treatrnenfilcare in the event of injury to any of the Contractor's employees. It will be the responsibility of'the Contractor's supervisor/lead worker to transport or male arrangements for the transportation of any injured employee to.and from the designated emergency medical facility or any similar medical facility.: SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done 'Mork to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair asphalt, crack seal, and seal coat services and repairs in those areas designated by the Public Works .Director or authorized representative and to leave the grounds in a neat condition. The scope of the asphalt, crack seal, and seal coat services and repair work may vary according to need. This contract covers asphalt, crack seal, and seal coat services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed. without prior approval and only as authorized by the Public Works Director or authorized representative. Pro rens of U�Ic�rk Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract, Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. Acte tante of dark pane The Pudic Works Director or authorized representative .will snake inspections and determine that the work has been completed in all aspects in accordance with these specifications. Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative, METHOD OF WORK All work shall be performed. per the Standard Specifications for Pudic -Works Construction (Green Book), Latest Edition„ The Contractor shall construct asphalt improvements per the City of San Juan Capistrano Standard Plaits as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and fallowing construction, until that time that the area is opened again to the public for their use. Rubbish and. construction debris shall be disposed of to. an approved dump site. After removal operations have been .completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall .verify the location of all utilities prior to, construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contactor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall monitor freshly placed Asphalt improvements for the length of time necessary to prevent defacing of the asphalt. The .Contractor shall be responsible for repairs or replacement of newimprovements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are= removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 NPlJDE Re ula#lar s The .Contractor shall comply with all: City regulations regarding NODES (National Potlution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not d,ischarcge anything 'to the storm drain or creels. Contractor will contain any materials that may potentially teach a City storm drain. . Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shalt provide to the City annually, by July 1, with certification of the required training cart stgrmwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City: When saw cutting, ally water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water'shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existig Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the.Contractor shall have all utilities located by contacting the responsible agency at bast 48 hours prior to commencing any wont. The Contractor's attention is directed to the one-call utility notification serviceprovided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48. hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at.any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing, shall be served upon him. Should the contractor neglect or refuse to provide-means for satisfactory compliance with the contract, as. directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the ccantract. 3 Extra- 1. Extra work. will not beperformed without prior approval by the. Public Works Director or authorized representative unless. a condition exists wherein-it appears there is danger of injury to persons or damage to property. 2.. Extra work may be required by the public Works Director or authorized representative as a result of acts 'of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. . Payment for extra work will be based on.actual cost of labor; plus wholesale cost of materials, plus a markup. - Extra services other than those fisted shall be negotiated on a time and material basis with a "not to exceed"amount. 4. The.Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of Water Surface or other waters may be encountered at various, times. The Contractor, by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger dere to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at.their expense. Protection of Private Property The Contractor must remain within the maintenance areas tai the best of his ability. The. Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition, All public or privately awned improvements and facilities shall. be restored to their original condition and location, In the.event improvements of the facilities are damaged, they small be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area daring performance of the contract work, and 4 Contractor shall conduct his operations so as not to interfere with the authorized workof utility companies or other agencies in such streets, ways or parking areas. Weekly Reportinq. Contractor shall make weekly contact with .the Public Works director or authorized. representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dues, and hours worked of all employees for the previous week, on t[Te following Monday. Withholding caf Payment If, in the event that inadeguaciesldeficienciesare determined by the Public Works Director or authorized represeritative, the 'Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within. 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not .performed, will be based upon the bid worksheets, which are to be submitted at the time of bid, Meetings Contractors shall provide the"Public 1ltforks Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the,contract is in effect to discuss any problemslconcerns Which may arise and any goals for the day/week, PROPOSAL ASP HAL CRACK SEALISEAL MAT MAINTENANCE AND REPAIR SERVICES From: H rdy . & Harcer, Inc. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that hetshe has carefully examined the location of the proposed work as described, Examined the Specifications and General Provisions, read the Instructions to Proposers, and Is familiar. with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: 1. ASPHALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIR. SIR'VICES THREE YEAR CC3t\1TRACT CC3ST5 (September 1,2D11 through-August 31 2014 YEAR COST rSEPTEMBER ER 1, 2011 -�AUGUST 31, 2012 �� , o S70 1 2012-�AUGUST 31 20.13 3 5 Z, 5 SEPTEMBER 1 2093-�AUGUST 31, 2014 ���, 10�• �" THREE YEAR CONTRACT,COST TOTAL � C, v"t litPta Y 4-i�Oq.zsR,hcK .L.-4 y-'P_X G ttby ek-t..ar +moo ce_� Three Year Contract Cost Total in Writing Z EXHIBIT B ,asPRALrP NG A,flAP1�SEf{BtU SHF'F'7' ' halt ork440rmai thtari Hours ARRrvx,Anvuat uanti $AsauS.F. tsar 2 S,F ar 3 Year 1 Lqal bas d upon Remove and Replace Asphalt (4'" AftaMWLateagantity thick)Less#hart iQ0 S.F. 20,tl00 S•F• ( . 30 a to RtmOve and Replace Asphalt (4" 13 r 000 thick) 101&K-250 S.F. Remove and Replace Asphalt (4" thick) 2515.F.-400 S.F.. 10,0005.1:. Remove and Replace Asphalt (4" thick)over 400 5.F. 10,000 S.F. Sr 11-V Total ct qv o rA As haft Ltinr -Nil h#tht¢r vu�'�a A r .Annual uanYi .,1 otat based tt an S.F ear x S.f �!ar Year 1 Remove and Replace Asphalt (4" arpxim8le auarttity thick)Less than x,00 5,F. 1,000 S.F. 1 t+ Remmove and Replace Asphalt (4 thick). 101s_F--250ss. S.F.1,000r ga a 9 g o Remove and Replace Asphalt (4" thick) 251 SF,-400 S,F, 1,0[1(}S.F S'-0 Remove and Replace Asphalt (4" ; thick)Over 400 S.F_ 1.000 S.F. � : Z 5' z, Total u t9 a C mer A trnx. ual 1 Year 1 Total based upon ua t Y ar 2 Ft Year a [Sl,r 10,0001-F. DQ at antirlrSeal Coat 10,000 S.F. ,� ..{ A, 0, O tz10 .ov�- TOTAL 1 XF-AR-EMI T—E BAaw ONI Al'#'R{MI[s1lA°( Qllf€ilnlT[ES �, 05 0. Enter en Mork-Houd Rat V#9r in figures VAr to Wwds Ltnit Price Per Hour Far first Two y n t t Hours g 1p VY, t.fn r tX d'c �aida fS 4-6--x"4 C-�� Unit Price Per flour For Earn Ndur t / 7h df€ r �4'•!rD �3�+E.. -Q.4�k.-� �Dt��1�$ a4.«.� h..a CLr`�S Hardy & Harper, Inc. 7/5/11 COMPANY DATE Steve KirsclAr SIGNATURE,NAM Vice President 3 Said amounts are to include and cover all takes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus,-materials 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. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work. on September 1-2011. (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.) See Attachment A Dated: '7/5/11 Hardy xaxper, Inc. ----- Name Dated: 1312 E. Garner Ave, , Santa Ana, CA 92705 Business Address Dated: 714-444--1851. Telephone Number Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of /his/her knowledge and that they constitute his/her proposal for the work called out herein. Dated: 7/5 11 Hardy & Harper, Inc. Name Dated: 1.31.2 E. Garner Ave. , Santa Ana, CA 92705 , Business Address Dated: 714-444---1851 Telephone Number 4 Attachment A ,Mardy c YCarper, Inc. Corporate officers FaSteyel(irschlier, President, Treasurer, 1312 E. Warner avenue ing Officer Santa Ana, C.A.92705 phone: 14 444-1$51. Haas, CEO 1312 E. Warner Avenue 14 444-1851 Santa Ana, CA 92705 Vice.President 1312 E. Warner Avenue honer 444-18=51 Santa Ana. CA 92705 Kristen S.Paulino� Corporate Secretary I3I2 E: Warner Avenue 1551 Santa na; CA 92705 l'one: (714) 444' ...__ STATEMENT OF'EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER.AND SUBMITTED TO CITY AS RAFT OF QUOTATION. 1. Steve Kerschner Hardy & Harper, Inc. PROPOSER'S NAME COMPANY NAME 2. 1312 E. Warner Ave: , Santa Ana, CA 92.705 BUSINESS ADDRESS 71.4-444--1851. BUSINESS TELEPHONE NUMBER. skirschnerg�hardyandharDer.ccm BUSINESS E--MAIL ADDRESS 1. List at least six (F) Contracts of a similar type -either currently held or held within the past 24 months. PERIOD.0 CONTACT NAME CONTRACT ANC.}.PHONE ROMITO, CITY/COMPANY NUMBER CONTRACT AMOUNT See Attachment B X&VAAZ� SiVature Steve Kirschner, Vice President Hardy Harper, Inc . Company S Attachment B J ardy c Yfarper, Inc. Owner/Agency Contact Project(Amount & End Date) , Countyf Orange oHolly Phillips Annual.Asphalt Concrete 1.750 S. Douglass Rd � (71.4) 567-6253 Pavement Maintenance Anaheim, CA 92806 $1,450,000„00 (ongoing) City of Rancho Palos Verdes Bir* Rash Annual Roadwav Maintenance 3€1940 Hawthorne Blvd (310) 544-5252 $747,600.0() (ongoing) Rancho Papas Verdes, CA 94275 Placentia-Yorba Li,i7da USCI Rick Guadarrania MasonrylEarth.movin�;lGradi.aig . 1301. E. Orangethorpe. Ave (714) 985-8440 Various Schools I'laeerltia, CA 92870 1:,1.513,000.00 (ongoing) City of Corona David Vigil Paving & Asphalt Maintenance 400 S. Vicente Are (951} 73�iw2481 125,000.00 (ongoing) t Corona, CA 92882 i City of Mission Viejo Kirn Lemlin Annual Routine Maintenance 27204 E. 1.,a Paz Rd (949) 470-30164 Program for .R &R Asphalt � Mission 'Vlejo, CA 92692 Pavement 751,044.00 (ongoing) LIST"OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Stege Kirschner Hardy & Harper, Inc. Proposer's Name Company Name 1312 E. Warner Ave. , Santa Ana, CA 92705 Business Address 714-444-185 . Business Telephone Number List equipment Owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. See Attachment C Z i r1 � Steve 4 rsc n.er, Vice President 14ardy & Harper, Inc, Company 6 Attachment C VEHICLE/EQV CARS AND PICKUP$ VNOER 1 TON TAUCKS 1 TON PL115 TRAILERS EQ 'MENT NO, DESCRIPTIC7N 418 Ingersoll Air Cmprss P100 453 Leeboy Tock Dist Mdl L250 459 H5I Solar Pwrd grow Board 461 Leeboy L2$0 Tack Por 462 Wacker 855800 Wlk Bhnd Rllr 464 Ingersoll 175 Skid Mnt Cmprss 465 Ingersoll 175 Skid Hint Cmprss 467 Pnumatic Tire Fork Lift 468 Ingersoll D024 Vibratory Roller 473 Bradco Spreader oar 476 Solar Arrowboard 481 Miller MC650 Curber Mold 483 !~slick V30-3E Vibratory Roller 484 Essick V30-3E Vibratory Roller 485 Essick V30-3E Vibratory Roller 488 Indeco ME5553 Hammer 492 Amider Solar Arrowboord 497 Ingersoll Air Compressor P185 507 Case Ramrner SL2 536 Vons Arx Surface Cleaning Tool 537' Breezer Vibratory plate. 538 Breezer Paving Brkr-66 lbs. . 539 Breyer Paving 8rkr-90 lbs. 5417 Multi Quip Vib,Plate MVCgOH 541 Multi Quip Vib.Plate-MVC90H 542 Bartell Gas Grinder 543 Electric Dry Vac,Mdl DPAS 7005 544 Bartell 5p86;-1 Conc,Planar 545 Bartell DK2006 Dust Cllctr 547 5weepster 58 72 Universal 548 Indeco MES 553 7501b Hmr 549 Meso 40 HP Sato,Mdl M-40FI-2G 550 86 Gregor Boot 551 Ingersoll OD32 Vibratory Roller 552 Ingersoll OD32 Vibratory Roller 553 BX SM210 5gueege Machine 267,I B.K. SMTZO()O Seal Coat flank 555 John Deere 644 Wheel Loader 556 Fermec Skiploader w!Hydr.5crpr 557 Fermec Skiploader w/Hydr.5crpr 558 Multi Quip Vib.Compressor-MQ90 559 John Deere 21OLE Wheel Ldr-4X4 564 Hamm Roller,Model HD09CIV 565 03 Aero Nissan 37 hp Saw if EHI CL /EQU CABS AND PICKUPS UNDER 1 TON TRUCKS 1 TON PLUS TRAILERS EQUIPMENT 566 Multiquip 4-Stroke ke Rainrner 567 Cedarapids CR552 Hot Mix Paver 568 Ingersoll Air Cmprss P185WJD 569 John Deere 21OLE Wheel Ldr-4X4 571 LngersoII Roller,Model 0D2SHF 573 Slurry Tank with Aztec Trailer 574 Wonco Arrowboard#6 575 John Deere 21OLE Landscape Loader 576 John Deere 41{35 Backhoe Wheel Loader 577 Caterpillar Skid Steer,Madel#2489 578 Solar Arrowboard#5-182 579 Arrowboard 580 Arrowboard 581 Sohn Deere 21OLE Landscape Loader 562 John Deere 21QL1;Landscape Loader 583 John Deere Z1€3L17 Wheel Ldr-4X4 584 Slurry Tank with Axle 565 Hommeroc Md(HR 60}hydraulic Brkr(Sr 586 John Deere 5525 4WD Cab Tractor 587 450 Skid Steer Loader 588 Ingersoll Rand 00-90HF 589 Ingersoll D030 Vibratory Roller 590 Ingersoll DD30 Vibratory Roller 591 2:Z Z4"Cold Planter 542 Sweeper Attachment(Broom) 593 Ingersoll Rand DD24 Vibratory Roller 594 ,John Deere 210 LE Landscape Loader 595 Ingersoll Rand DD24 Vibratory Roller 596 Ingersoll Rand 0[>24 Vibratory Roller 597 Ingersoll Rand D090HF Roller 598 Ingersoll Rand DD118 Vibratory Roller 599 Wanca Solar Arrowboard#18 600 Wanco Solar Arrowboard#24 601 Wanco Solar Arrowboard#45 602 Wanco Solar Arrowboard#61 603 Wlanco Solar Arrowboard#30 604 Wanco Solar Arrowboard#39 605 Wanco Solar Arrowboard 406 606 Leeboy Paver$500 607 2009 Cedarapids 552 Spreader 648 09 Caterpillar Skid Steer Loader 609 2010 53€0 Bobcat Skid-Steer Loader 610 Caterpillar Cold Planer 551,PC205 611 Volvo DD24 Roller LIST QF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Steve Kirchner Hardy Harper, Ind. Proposer's tame Company Dame 2, 1312 E. Warner Ave . , Santa Ana, CA 52705 Business Address & 714-444-1851 Business Telephone Number Name Address . Phone Typed Wo VL " �, a(�v Wm - 1 \3 't 6'tn G1 1i fel^ � 4hY _E� S1gn e gteve Kirschner, Vice President Hardy Harper, Inc . Company 7 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shelf become effectivethis_day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Quickel Paving, Inc, (hereinafter referred to as the "Contractor"), RECITALS! WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide asphalt, crack seal, and seal coat maintenance and repairs-, and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as.follows" Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A,"attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012, This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions Shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for aspha' lt services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 12 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall beep 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 Contractor shall act and bean independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any ether 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. Section C. Chances to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra 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 neve agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that. (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented.by City, it shall immediately inform the 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-, E-Verif . 9.1. Compliance with Lave. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government, 9.2. E-Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis-gov, or access the registration page at hftps://e-verU.uscis.gov/enroll/. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. f=ailure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor 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, leo person having such interest shall be employed by or associated with Contractor. Section 11. Nat Applicable. Section 12. Not Applicable. Section 13. lndemni , To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any mature, including interference with use of,property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000,00), combined single limit coverage for risks associated with the work contempla'ted by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000,00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the terra of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning any work under this Agreement, Contractor shall submitthe insurance.certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers, 14.6 Notice of Cancellation/Term ination 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 divert to City,except that ten (10) days' notice shall be given if there .is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Contractor has compiled with all, insurance requirements of this Agreement. Section 96. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition,.this Agreement may be terminated by any party for cause by providing tern (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. 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San ,Man Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Quickel Paving, Inc. 27071 Cabot Road. #130 Laguna Hills, CA 92653 Attn: lean Quickel Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR`s compliance in all respects with the prevailing wage rates to all the laborers involved; and with California Labor Gude Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing:administrative regulations. The CITY shall be a third party .beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR, 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 binning 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. fSICNATIJRE PACE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Daren P. Brust, City Manager CONTRACTS ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Llk l Omar Sandoval, City Attorney 7 'CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA v fm ,�� i EE5t983:ePi#B SPECIFICATIONS AND CONTRACT DOCUMENTS- ASPHALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIRS NASSER ABBASZAQEH PUBLIC WORKS DIRECTOR JUNE 2011 EXHIBIT A GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, workmay be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during fours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub-contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City, g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with 'the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., inclining the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations, The City shall'be a third,party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor, i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and.shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site, No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- ContractorsNendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. l) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) Ail employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - if at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and farce specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. . (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. 2 (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi-skilled duties in connection with asphalt f6rming, laying, finishing and rolling, grading; operating a variety of .hard and power tools for purposes of maintaining public facilities and operating equipment. (d) Experienco Supervisors/foremen shall have a minimum of five (5) years of experience in the Asphalt construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative .shall have a general knowledge of the Asphalt construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the . City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative, MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work, (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time' that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, theContractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area, Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except.when delayed by problems caused by vehicle accidents or Acts of God, EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility. Designation and Procedure Sheet" before a contract is awarded. on this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide. emergency medical treatment/care in the event of injury to any of the Contractor's employees, It will be the responsibility of the Contractor's supervisor/lead worker to transport or mare arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 5 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair asphalt„ crack seal, and seal Goat services and repairs in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat .condition. The scope of the,asphalt, crack seal, and seal coat services and repair work may vary according to need. This contract covers asphalt, crack seal, and seal coat services and repairs, Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. . Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the. work, All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director . or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City, Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. .Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location, Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit. portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract, Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. 1 Acce tance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide a. billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK All work shall be performed per the Standard Specifications for Public .Works Construction (Green Book), Latest Edition. The Contractor shall construct asphalt improvements per the City of San Juan Capistrano Standard Plans as shown on Attachment 6. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work., during and following construction, until that time that L he area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations havebeen completed, the grounds shall be Teff in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per. City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works .Director or authorized representative. The Contractor shall monitor freshly placed Asphalt improvements for the length of time necessary to prevent defacing of the asphalt. The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES_(Natitinal Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BUIP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm.drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existing-Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 Fours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the.Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800-422-4138). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor flails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and farce specified and intended in and by the terms of the contract, notice thereof in writing .. shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the: power to terminate all or any portion of the contract. 3 Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless,a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be rewired by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of. materials, plus a markup. - Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount, 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of!!Hater Surface or other waters may be encountered at various times. The Contractor, by submitting a prgposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location, in the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and 4 Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such struts, ways or parking.areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadeguaciesideficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 fours from the time such items have been determined to be corrected as necessary. if Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not .performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative.at all times, 24 hours per day. Contractor shall appoint and identify to Public Works director or authorized representative a "site supervisor." This site supervisor skull meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the,contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week, 5 P x ' PROPOSAL ASPHALTICRACK SEAL/SEAL COAT !MAINTENANCE AND REPAIR SERVICES From: : CCtNTRACTOR To the Honorable City Council City of San Joan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete. said contract in accordance with the Contract Documents for the following, 1. ASPI ALTICRACK SEALISEAL COAT MAINTENANCE AND REPAIR SERVICES THREE YEAR CONTRACT COSTS So tembor 1 2011 through Au past 31 2014 I.. YEAR CEHST SEPTEMBER 1, 2011 —AUG ST 31, 2012 Is + SEPTEMBER 1, 2��2_AUGUST 3�1�.213 SEPTEMBER 1, 2013 —AUGUST 31, 2014 i ! THREE-1'E�R CONTRACT COST TOTAL ��,� �.fH°"3d� d. � P �.'�`e� �'j�, 'A,9�✓s,--"�a L,%5, •'`=9 ''1 & � '/'�'ti � 93.F G '.�''���,�r"� ��;+P. e;i ' � Vag �``' - Three Year Contract: Cast Total in Wr ting 2 EXHIBIT B &SPHAL7-PRICING PRQPQSE'R B!Q SHEET As halt UVnric-Normal Work Flours ,App ox.Annua - — Year 1 Total based anon E.._� _ _..,_..__ SIS-F. I L F.year 2 VS.F.year 3 __ uaratit approximate unit Remove grad l2�plar.€;Asphalt (�'� i�S.F. f�°'`� a �""_�,�£--• j .. thick)fess than 100 S-F, 10,00 Remove and Replace Asphalt (4 _ - thick) 103.S_ F.-250 S.F_ 1Q,000 S.F. ) �� Remove and Rel)lace Asphalt {4" �. r ; ¢- 10,000 S.F. 50- Remove.and Replace Asphalt (4" ri -.F. thick)Over0,000 5 S.F. �.,. Total Approx.Annual Year 1,Total based upon Asphal Work-!NipttlVnrk S.F. ear 1 �_ ear 3 uantiY '�mm�-�•-Y-- �. e7Jr� S.F, a roxi€nate guantity Remove and Replace Asphalt (4" — thick)Less than 100_5 F e 1,Qt30 S,F. t � too Remove and ReplacAsphalt (4 ,�°,. P . 1,000 S.F. thick) 101.S.P.-250 S.F. � f 3 I e 2�0€mom Remove:and Replace Asphalt (4" thick) 251 S.F- 4000 S,F. 1,000 S.F. " COO ......._.. E Remove and Replace Asphalt (4" - 1,0i70 S_F, thick)Over 40E3 S.F. Total Cather „3rox.Annual Year I Total based upon f�.uan#tty Ft Year 1 Ft Year 2 )=f Year 3 plaproximate quantity ICrack Seal 10,000 L.F. s° fczc Slurryl SeaCoat 10,001)S.F. s' �__at C LfJTl L 2 YE4R ESTI MATE BASED pts - — - - 1PPRaxi91rlA7f-C} __ I lEs L. `_er9etacy V4iark-1lo,,rlY Rate Hr In 1"S ares $/Hr In Words Unit Prices Per Flour Fcar First Two t Hourss f s 'rt -eta, Una price Per Baur For Each Flour ......�......�..._Thereafter tr � i i{ �` >§��,�} ` � FL:G���r'�4 �'���-- � ��" 3 02. '^v..a✓" � "`�''l4&wr ,,$ {?l #PAY Y« DAT SIGNATURE,NAME 3 Said arnounts are to include and cover all faxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials 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. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on September 1 2011, (if an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual oo-partners composing the firm President, Secretary, Treasurer, and /Manager thereof.) Dated: t � e. �` Name ` Bated:u. & -o �2-` ' ; Business Address Date d:� i�� c-5 � Telephone Number Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. Dated: AV �,, Name Dated. t,. Business Address 4 .n 9 v t r Dated: ;555 --'157-) Telephone Number 4 r STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. PROPOS R'S NAME GOMPANY NAME . 2, 0 2?t),n / I R�'-I ?,z) BUSINESS ADDRESS 3. qL�j) _572 BUSINESS'TEL EPI-SONE NUMBER BUSINESS E'MAILADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 244 months. PERIOD OF CONTACT NAME CONTRACT AND PHONE FRC)I IIT CITYICO PANY , NUMBER CONTRACT AMOUNT 1 711 12,f/)/05 d lead I r:. Plfs l .. Sign 'tore Campahy 5 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Proposer's Name Company Name I re� Business Address t 7) Businesephone Number List equipment awned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary, litd• d-, w toc Signature Company ilk w 5 1 } LIST OF SUBCONTRACTORSNENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PANT OF QUOTATION. . Prop oser's Name Company Name �. 2. A fi; Business Address 3. S-1 Business e-�� elephane Number Name Address Phone Type of Work ((q jy/ qF 7 5i icg €ire - k 6 Campar�y 7 ASPHALT"PRICING 2011 COMPARISO >MC3913TRACTC?Ft ' BEN'S ASPHALT HARDY AND HARPER QUICKEL PAVING ...._..._........ ._ . ......... .. .._...... _.... ........... Asphalt Work-Normal Work Hours $/S.F.year I S.F,year 1 $/S.F.year l Remove and Replace Asphalt (4 thick) Less than 100 S.F. $10.00 $11.30 $14.95 Remove and Replace Asphalt (4" thick) 101 S.F. -250 S.F. $S.SO $b.30 $12.95 Remove and Replace Asphalt (4" $8.50 $6.10 $9.95 thick) 2515.F.-400 S.F. Remove and Replace Asphalt (4" thick)Over 404 S.F. $7.513 $5.25 $6.55 Asphalt Work-Night Work $/S.F.year 1 S.F.Year 1 $f S.F.year 1 Remove and Replace Asphalt (4" thick)Less than 100 S.F. $12.50 $14,50 $213.00 Remove and Replace Asphalt (4" thick),101 5.f.-250 S.F. $12.(30 $7,8[3 $20,00 Remove and Rep#ace Asphalt (4" $11.00 $7.50 $15,00 thick) 251 S.F.-400 S.F. Remove and Replace Asphalt (4" thick)Over 400 S.F. $10.0Q $6.25 $12.00 f Ether Ft Year 1 $/S.F.year 1 SIFt Year 1 Crack Seal $1.00 $1.00 $0.45 Slurry Seal Coat $0.60 $0.45 $0.10 Emergency Work-Hourly Bate Unit Price Per Hour For First Two $725.00 $110.010 $1,500.00Hours Unit Price Per Hour For Each Hour $725.00 $98.00 $500M$500MThereafter ATTACH ENT 4 Christy Jakl From: Christy Jakl Sent: Tuesday, November 08, 2011 12:01 PM To: Jill Thomas Subject: RE: Ben's Asphalt& Quickel Paving Attachments: Ben's Asphalt.pdf; Quickel Paving.pdf Ni Jill, Attached are the executed agreements for Ben's Asphalt and Quickel Paving. They have been placed in today's mail. Thanks!E Chriisl-� Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 l (949) 493-1053 fax 1 32400.PASF-o ADELANTO i MEMBERS OF THE CITY COUNCIL SAN JUAN C,APISTRANO,CA 92675 (949)493-1171 SAMIALLEI/ATo }�' EE[RR¢RRtEG LAURA FREESE (949)493-1053 FAX • ` l 61 6StRtl[SN[l+ LARRY KRAMER . www sanj uancapistrana org 1776 DEREK REEVE a JOHN TAYLOR 4 TRANSMITTAL TO; E Quickel Paving, Inc 1 Attn: Dan Quickel 27071 Cabot Road, #130 Laguna Hills, CA 92653 DATE: November 8, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE; Personal Services Agreement— Crack Seal, and Seal Coat Maintenance and Repair Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949) 443-6362. An original agreement is enclosed for your records. I Cc: Jill Thomas, Senior Management Analyst i E San Juan Capistrano: Preserving the Part to Enhance the Future Printed on 100 recycled paper - Christ Jak[ From: Christy Jakl Sent: Friday, October 14, 2011 10:27 AM To: Jill Thomas Cc; Lindsey Mannan Subject: Ben's Asphalt& Quickel Paving Good Morning and Happy Friday!! Please have Ben's Asphalt and Quickel Paving provide all required insurance documents and e- verify. Hardy and Harper's contract will be processed today and sent out. I'll forward a copy of the executed contract later. Please let me know if you have any questions in the meantime. Thank you! Christi RW Deputy city Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax