HomeMy WebLinkAbout28-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: A resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an agreement and purchase order in the
amount of $500,000.00 to American
Asphalt South, Inc. for the FY 07-08
slurry seal program utilized by the Public
Services Department, Street Division.
Dept: Public Services
Date: August 28, 2007
Meeting Date: September 17, 2007
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
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Contact person: Ken Fischer, Director Phone:
Supporting data attached: Ward:
Staff Report, Resolution, Contract
Vendor Service Agreements, List of Streets
FUNDING REQUIREMENTS: Amount:
5140
All
Source:
$500,000.00
FY 07-08 CIP Budget
Project Number SS-D
Account Number
126-369-5504-7306
Finance:
Council Notes:
Agenda Item No.
c2.K
'1/11/D7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in the
amount of $500,000.00 to American Asphalt South, Inc. for the FY 07-08 slurry seal
program utilized by the Public Services Department, Street Division.
BACKGROUND:
The City of Temecula completed a bid and contract award for application of rubberized
slurry seals in May 9, 2007 (see attached). Staff has received a copy of this bid, and
determined that the bidding process completed by the City of Temecula conforms to tlie
requirements of the City of San Bernardino Municipal Code Section 3.04.010 B-2, which
allows the City to accept bidding from another governmental agency for goods and
services. Accepting the bid will reduce the cost for applying slurry material from the 18
cents per square foot we paid last year to 16 cents per square foot for this year.
Slurry seal application involves a high level of care, warm weather conditions and
requires several hours to dry. It is important to start the slurry seal application as soon
as possible in order to benefit from the current warm weather conditions.
American Asphalt South, Inc. has provided the City of San Bernardino with several
years of slurry seal service and has proven to be reliable. American Asphalt South, Inc.
has scheduled the work and has handled the public notification aspects of the process
without any problems. Since there are no local contractors who apply this rubberized
material per the Green book standards, staff is requesting that American Asphalt South,
Inc. be awarded a purchase order in the amount of $500,000.00 in order to start the
next group of streets for FY 07-08 slurry seal program (see attached list of streets).
FINANCIAL IMPACT:
Funds are available and have been budgeted in the FY 07-08 CIP Budget under Project
Number SS-D Account Number 126-369-5504-7306 in the amount of $500,000.00.
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $500,000.00 TO AMERICAN ASPHALT
SOUTH, INC. FOR THE FY 07-08 SLURRY SEAL PROGRAM UTILIZED BY THE
PUBLIC SERVICES DEPARTMENT, STREET DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino has accepted American Asphalt
South, Inc.'s offer to piggyback on the City of Temecula's purchase price for the FY
07-08 slurry seal program; and
SECTION 2. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and American Asphalt South, Inc., a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length; and
SECTION 3. This agreement conforms to the requirements of the City of San
Bernardino Municipal Code Section 3.04.010 B-2 and;
SECTION 4. Pursuant to this determination, the Purchasing Manager is hereby
authorized to issue a purchase order to American Asphalt South, Inc., in the amount of
$500,000.00; said Purchase order shall reference this Resolution No. 2007
and shall read, "American Asphalt South, Inc., for FY 07-08 slurry seal services
throughout the City of San Bernardino."
SECTION 5. The authorization to execute the above referenced Agreement is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $500,000.00 TO AMERICAN ASPHALT
SOUTH, INC. FOR THE FY 07-08 SLURRY SEAL PROGRAM UTILIZED BY THE
PUBLIC SERVICES DEPARTMENT, STREET DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007, by the
following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN
ABSENT
10 ESTRADA
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BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
~
es F. Penman, City Attorney
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5 WITNESSETH:
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12 program.
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17 . VENDOR to provide 2,608,602 square feet of rubberized slurry seal at a cost of 16 cents per
18 ' square foot per the proposed 2007-2008 Slurry Seal list (attached), which may be modified by
19 : the City as may be in the best interest of the City.
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of September
2007, by and between American Asphalt South, Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to execute an agreement and purchase order for the FY 07-
08 slurry seal program; and
WHEREAS, the City of San Bernardino has accepted American Asphalt South, Inc.,
offer to piggyback on the City of Temecula's purchase price for the FY 07-08 slurry seal
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $500,000.00 for the FY 07-08 slurry seal
program.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
EXHIBIT "A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile '-
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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r additional named insured in each policy of insurance provided hereunder. The Certificate of
EXHIBIT "A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
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BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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EXHIBIT "A"
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
Telephone: (909) 427-8276
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior ~
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
. and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR _
hereunder for the term of this Agreement.
EXHIBIT "A"
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
. parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument ;.
executed by all parties to this Agreement. :
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EXHIBIT "A"
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VENDOR SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
VENDOR
,2007
By:
Its:
Dated
CITY OF SAN BERNARDINO
,2007
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
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EXHIBIT "A"
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VENDOR SERVICE AGREEMENT
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9 08 slurry seal program; and
10 WHEREAS, the City of San Bernardino has accepted American Asphalt South, Inc.,
11 offer to piggyback on the City of Temecula's purchase price for the FY 07-08 slurry seal
12 program.
13 NOW, THEREFORE, the parties hereto agree as follows:
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18 square foot per the proposed 2007-2008 Slurry Seal list (attached), which may be modified by
19 . the City as may be in the best interest of the City.
20. 2. COMPENSATION AND EXPENSES.
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This Vendor Service Agreement is entered into this 17th day of September
2007, by and between American Asphalt South, Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to execute an agreement and purchase order for the FY 07-
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide 2,608,602 square feet of rubberized slurry seal at a cost of 16 cents per
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $500,000.00 for the FY 07-08 slurry seal
program.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
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19 5. INSURANCE.
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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24: ' worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
25 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
26,. additional named insured in each policy of insurance provided hereunder. The Certificate of
INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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24.. ; qualifications, insurance and approval of whatever nature that are legally required of VENDOR
25 t to practice its business or profession.
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NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Govermnent Code.
INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
. employees, and all business license, if any are required, in connection with the services to be
. performed hereunder.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
Telephone: (909) 427-8276
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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: . written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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24 ; and shall constitute a breach of this Agreement and cause for the termination of this
25 i Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
26, ! of VENDOR's obligation to perform all other obligations to be performed by VENDOR
27 ',hereunder for the term of this Agreement.
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
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17 provisions.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
18 16. ENTIRE AGREEMENT; MODIFICATION.
19 This Agreement constitutes the entire agreement and the understanding between the
20. '. parties, and supercedes any prior agreements and understandings relating to the subject manner
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. executed by all parties to this Agreement.
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of this Agreement. This Agreement may be modified or amended only by a written instrument
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VENDOR SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
,2007
VENDOR
Dated:
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
12 Approved as to Form:
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PUBLIC SERVICES STREET DIVISION
PROPOSED SLURRY SEAL LIST 2007-08
WARD LOCATION SQ. FT.
1 Arrowhead Ave. from Mill SI. to Hilda CI. 157,470
Court SI. from E SI. to Arrowhead Ave. 71,934
3rd SI. from 0 SI. to Arrowhead Ave. 34,200
Arrowhead Ave. from 2nd SI. to 3rd SI. 35,112
MI. View Ave. from Mill SI. to Cluster SI. 97,185
Kino SI. from MI. View Ave. to Arrowhead Ave. 34,827
MI. View Ave. from 2nd SI. to Rialto Ave. 35,625
Total 466,353
2 I SI. from 23rd SI. to 27th SI. 77,815
23rd SI. from I SI. to Muscuoiabe Dr. . . 70,000
24th SI. from I SI. to Muscuoiabe Dr. 70,000
25th Street from I SI. to MuscuDlabe Dr. 70,000
Lincoln from Hiohland Ave. to 27th SI. 81,681
21st SI. from Muscuoiabe Dr. to I SI. 68,628
Total 438,124
3 E SI. from Oranoe Show Rd. to Santa Ana River Bridae 273,000
Redlands Blvd. from Waterman Ave. to Club Way 120,800
Total 393,800
4 Newoort CI. - entire lenath 28,064
42nd SI. from David Way to Newoort CI. 3,904
Rankins Ln. - entire leneth 10,272
Rankins Ln. - entire lenath 8,483
David Wav from MarJDost Ln. to terminus 30,368
Ponderosa Dr. - entire lenath 6,688
Marioosa Ln. from David Wavto terminus 28,824
Denair Ave. from Hiahland Ave. to terminus 38,356
Orchid Dr. from Vanda Ln. to La Priax Ave. 29,715
Vanda Ln. from Orchid Dr. to Oleander Dr. 16,065
Oleander Dr. from Vanda Ln. to terminus 41,300
Cienoa Dr. from Orchid Dr. to terminus 10,728
Golden Ave. from 40th SI. to terminus . 14,650
42nd SI. from Golden Ave. to terminus 8,809
Total 276,226
5 Kendall Dr. from Little Mountain Dr. to Shandin Hills Dr. 300,400
H SI. from EdClehillto 30th SI. 68,968
Palm Avenue 74,000
Total 443,368
6 23rd SI. from California SI. to terminus . 28,700
PennsvlvC!nia Ave. from 23rd SI. to 27th SI. 42,770
Flores SI. from 24th SI. to 27th SI. 37,030
Gardenia SI. from 24th SI. to 26th SI. 14,665
Madison SI. from 26thSI. to 27th SI. 12,250
26th SI. from Flores SI. to 1-30 (1-210) . 24,325
27th SI. from California SI. to Gardenia SI. 75,543
Total 235,283
7 Marshall Blvd. from Sierra Wav to Waterman Ave. 136,760
36th St from Sierra Wav to Lerov 149,695
35th SI. from Sierra Wavto Lerov 33,990
Larksour Dr. from Lerov to Belle SI. 12,499
Belle SI. from Sour Dr. to Montrose Dr. 10,150
Montrose Dr. from Lerov to Belle SI. 12,354
Total 355,448
GRAND TOTAL SQ. FT. 2,608,602
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FAX COVER SHEET
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
California Conlracotrs License #784969
(909)427-8276 FAX.: (909)427-8279
1I1'#4"4:?
Date:
To: ~"e!Y .!z,C',{/4
Title:
4,~ ./'~~
Regarding: ~""'I'f"''''''' -~w' tl.6'k/ ,4/,/,/
FAX No.: t>>JY ,:;'rf'.~5?
From;
Firm: t:1 d/ ..t;;, ~Jil~
Pages Sent, (induding this cover sheet);
.3
Comments:
Thank Yo ,
'~~';,:\:rnI2007 fED 16:14
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PAX 9~J:93 3929 City of Teaecula .11
~ 003/~15
PffOJECT NO. NUT""
SWRRYSEAL PROJI!CT flY fOGf 1007, MeADOWVrS4' MIfA
acW8N U OP I'FUCE8 - i1U.IlIR
.~' ,':,.... .~f,/~.~.:~:.;~.~,i; . :.: ~\:.". :~~', > ~ ':.: I
'1 MobiizationlDemobilization
2 Traffic Control
3 CnIck seal
Rubberized EmUlsion-
4 Agg~ate Sluny (REAS)
.1YPE "
Remo'le and Replace
5 P8Ven Ief1t Delineation
4,362.000 SF 0.1'" Q'1920.00 *
1 lS q~~fO Lfi 00
TOTAl AMOUNT OF 8ASE BID: ~I("I\T ~ F"'~tl "1'\IGtlC:A..JD.
boJe. \klrIOltt;j) SBleM-'f DOUARSAND ZERo CENTS
($~.OOJ
The Uf1defslg1Md hereby oertifies thet ~he has 8ll eppropriata ~ lMued by the Stale of
CalIfornia to ~ tl'llc work; thIiIt lIU(;\1licen&e wtI be in filii force end eff1ICt th/wgtIout'llle
dlnllan of CCIAIIrvotlon; and \hat 811yand aa 81 ibcgllCl~ ID be ....'t'lv,.tCIlln .hIt pI'(JjeCt wRI be
s/mlr.ty licensed. . ,
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The above bid Propoaal includes Addenda No's_
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FAX COVER SHEET
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
California Contracolr!l License #784969
(909)427-8276 FAX- (909)427-8279
To:
~~ k#k
From:
Title:
t:;j;/ /..1 ~I_,,(~
Firm:
Pages Sent, (inclUding this COlfer sheet): ~
Comments:
Than~ You
City of Temecula
city CI"rk Department
43200 Bt..::;i1C:;~ p~ Drtv--e"'(crr,ecufa. CA ?2S90.~'lailif1(I:~dres.."- P.O. Box :)033 '''!'emeculC':. CA 92Sfl9-lf03.,
j90 II 691~4h . F8X 1951 J 69~.i 999 -
~OTICE OF AWAAD
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M;Aq, 2007 'if'o 0~l\\\l~J:"~
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Jeff Petty, Vice President
Amedean A:;phalt South. lne
1443~ Santa Ana Avenue
FontElna. CA 92337
Project:
Slurry ~al Project, FY06-07, Meadowview Area, PW07-03
.
Dear Mr. Petty
On May 8, 2007. the City Council of the City of Temecula awarded you the Contract for the above
named project for the amount of $930.970.00. Enclosed are two originals of the Contract
OOCl.lments. Upon receipt, please obtain the appropriate signatures and retum (Ine onginal to the
City of Temecula, City Clerk's Department. within ten (10) working days from the date of this notice.
Retain the second original for your records. Also. please submit the required bond and insurance
documents as. followsi
.4. labor and Materials Bond (Pages LM-1 through LM.2 of the bid docul11ents) for
$930,970.00
5 Performance Bond (Pages PB-1 through PB-2) for $930.970.00.
6. Insuran~ endorsements and certificates as specified in Exhibit "A', "Insurance
Endorsements 8< Certificates:
If I may be of further assistance, please feel free to contact'the Project Manager or myself.
Sincerely,
~~~
Cheryl Domenoe
Administrative Assistant
Enclosure
cc: Amer Attar, Principal Engineer
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CITY OF TEMECUlA, PUBLIC WORKS DEPARTMEN','
CONTRACT
FOR
PROJECTNO.PW07~3
SLURRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA
TH!S CONTRACT, made and entered into the 8" day of May, 2007, by and between the City of
Temecula, a mU;1icipa! corporatlon, hereinafter referred to as .CiTY", and American Asphalt
South, Inc., hereinafter referred to as .CONTRACTOR:
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named. mutually agree
as follo\',5:
1.
CONTRACT DOGUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidder3, Proposal, Performance
Bond, Labor and Materials Bond, Plans and SpecifICations entitled PROJECT NO. PW07.
03, SLURRY SEAL PROJECT FY 2006-2007, MEAOOWVIEW AREA. Insurance Forms,
t~is Contract, and all modifications and amendments therelo. the Stete of California
Standard Plans and Specifications for Construction of local Streets and Roads, (latesl
edition). issued by the California Department of Transporta6on, where specifically
referenced in the Plans, Special Provisions, and Technical Specifications, and the latest
version of the Standard Specifications for Public Works Construction, induding all
sLlpplements as written and promvlgated by Public Works Stancards, Inc (hereinafter.
.Standard Specifications') as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW07 -03, SLURRY SEAl. PROJECT FY
200e~007, MEADOWVIEW AREA Copies of these Standard Specifications are
available from the publisher.
BNi Building News.
Division of aNi Publications. Inc.
1612 South Clementine 81.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and COf1struction methods for this Contract except as amended by the General
Specifications, Special Provisions. and Technical Specifications for PROJECT NO,
PW07~3. SLURRY SEP,L PROJECT FY 2006-2007, MEAOOWVlEWAREA
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedel"CEl over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the hem is to be furnished and Installed completed
and in place and that only the best general practice is 10 be used. Unless olherv.'ise
spedfied, the CONTRACTOR 5"all furnish all labor, materials, tools. eQuipment, and
Incklentals, and do all the work involved in executing the Contract
COOlMet
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6.
COfo,~
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this CO'ltrect.
2.
SCOPE OF WORK CONTHACTOR shail perform everything reqUired to be performed,
shail provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all V1illty and transportation services required for the following:
PROJECT NO, PWOT.(l3, SLURRY SEAl.. PROJECT FY 2006.2007,
MEADOWVIEW AREA
All of said work to be performed and materials 10 be furnished shall be In slrlct accordance
with the Drawings and Spedf1calions and the proVisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3.
CITY APPROVAL. All labor, materials, toels, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOr<
agrees to accept. in fuft payment for, the work agreed to be cone, the su..' of: NINE
HUNDRED THIRTY THOUSAND NINE HUNDRED SeVENTY DOLLARS and NO
CENTS ($930,970.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Forty (40)
working days, commencing with delivery of iii Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5.
CHANGE ORDERS. All change orders shall be approved by the City Council. exceptlhat
the City Manager is hereby authorized by the City Council to make. by written order.
changes or edditions to the work in an amount not to exceed the contingency as
establlshed by the City Council.
PAYMENTS
A. LUMP SUM BID SCHEOULE:
Before submit1al of the tirst payment request. the CONTRACTOR shall submit te
the Oty Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate il$
accuracy as the City Engineer may require, This schedule. as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
6. UNIT PRICE BID SCHEDULE:
Pursuanl to Section 20104.50 of the Public COnlracl Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a surn eQual to ninety percent (90%) of Ihe value of the work completed
aooording to the bid schedule. Payment request forms shall be submitted on or
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about the thirlieth (30th) day of each successive month as tbe work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days alter acceptance of fll1al payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
c.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and thOt the amount staled in the certificate is due under the tern1$ of
the Contract. Partial payments on the Contract price shell not be considElred as an
acceptance of any part of the work.
D.
Interest shall be paid on all undisputed payment requests not paid wlthln thirty (30)
cays pursuant to Public Contracts Code Section 20104.50. Public Contrect Code
Section 7107 is hereby incorporated by reference.
E
7.
In accordance with Section 9-3.2 of the Standard Spec1fications for Public Works
Coostruction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53009.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be .assessed liquidaled damages for
unforeseeable delays beyond the control of, and wilhout the fault or negligence of, the
CONTRACTOR including delays cau$Eld by CITY. Within ten (10) calendar days of the
occurrence of such delay. CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
dOCllmentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S y,<liver,
discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
worK related to the payment Unless the CONTRACTOR has dispU1ed the amount of the
paymenl, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required t,)
execute an affidavit, rel$all6. and indem'1ity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuanlto the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for hOliday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rntes ~re available from tho California
Department of Industrial Relalion's Internet Web Site at http://www.dlr.ca.gov.
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CONTRACTOR shall post a copy of such wage rates at the job site ar.d shall pay too
adopted prevailing wage rates as a minimum CONTRACTOR shall COIT';>ly with the
provisions of Section 1773.8. 1775, 1776, 1777.5, 1777.6, and 1813 orthe Labor C~.
Pursuant to the provisions of 1775 of the labOr Code. CONTRACTOR shall forfeit to the
CITY, as a penaity, tne sum of $25.00 fOr each <<.alendar day, or portion thereof, for each
laborer, worker. or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor uncler him. in vlclCition
.of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract
11 INDEMNIFICATION. All work covered by this Contract done at the site of corstructicn or
in preparing Of delivering materials to the site shall be at the risk of CONiRACTOR alona.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees. and agents, against any and all liability, injuries, or death of penons
(CONTRACTOR's employees inclUded) and damage to property, arising directly Of
Indirectly out of the Obligations herein undertaken Of out of the operations conducted by
CONTRACTOR, saV!!! and except dairns or litigations arising through the sole active
negligence or sole willful misconduct of the'CffY.
The CONTRACTOR shalllndemnify and be responsible for reimbursing the CITY for ::lny
and all costs inCLTred by the CITY as a result of Stop Notices fded against the project. The
CITY shall deduct such costs from Progress Payments or flnal payments due to the CITY.
12.
9RA TUITIES. CONTRACTOR warrants thai neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or repre5entaliv~5 witt, a view toward securing this Contract or securing favorabk,
treatment with respect therelo.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he Is not in any way associated with any City officer or employee, or
any architect, engineer,. or .other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that flO person in its employ has been employed
by the CITY witliin one year of the date of the Notice Inviting Bids.
14. ~ONTAACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall ~Ia wlth the City Manager, its affidavit staling that ail
wcrkmen and persons employed. all firmS supplying materials. and all sl<bcontractors
upon the Project have been paid in full, and thaI there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit cover-ng disputed clClims or items in connection with a Stop Notice whir;h has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY Of LABOR DISPUTES. Whenever. CONTRACTOR has knowledge
that any actual or potential labor dispute i$ delaying or threatens to delay the llmely
performance of the Contract, CONTRACTOR shall immediately give notice thereof.
indudlng all re'evant information with respect thereto, to CITY. .
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BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such pert
thereof as may be engaged in the performance of this Contract, shall ilt ail reasOl'leble
times be subject 10 inspection and audit by aoy authorized representative of the CITY.
17. lli.s.PECT10N. The work shall be subject to inspection and testing by CITY and ~s
authorized representatives during manuiacture and construction and all other times and
places, including wilhout limitation, the plans of CONTRACTOR and any of its suppliers,
CONTRACTOR shall provide all reasonab;e facilities and assistance for tha safety and
convenience of inspectors. All Inspections and tests shall be performed In such manner
as to not unduly delay the work. The work shall be subject to final inspecticn and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasOl'lab1e time after completion of the work.
~8. DISCRIMINATION. CONTRACTOR repr~ents that it has not, and agrees that It wi\! not,
discriminate in its employment pl'actices on the basis of race, creed. religion. national
origin, color, sex age, or handicap.
19. GOV~RNING LAW. The City and Contractor undensland and agree that the laws of t...~
State of Califomia shallgovem the right~, obligations. duties and liabilities 01 the parties to
this Contract and also goverrt the interpretation of this Contract Any litigation concerning
this Contr<lct shall take place in the municipal, superior. or federal district court with
geographiC jurisdiction over the City of Temecula. In the event of litigation between the
parties concemir,g this Contract. the prevaiUng party as determined by the Court. shall be
entitled to actual and reasonable attorney fees and litigation costs incurred In the litigation.
PROHIBITED INTERE$I. No membEr, officer, or employee of the City of Temecula or of
a local publiC txxly sha.l1 have any interest, direct or Indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
20
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, offICer Of employee of the City of Temecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or In the business
of the contracting party other than the City of Temecula, and tnal if any such interest
comes to the knowledge of either party at any time, a lull and complete disclosure of all
sllCh infomlation wm be made, in writing, to the other party or parties. even if sllCh Interest
would not be considered a conflict of interest under ArtIcle 4 (commencing with Section
1000) Of Article 4.6 (commencing with Section 1220) of Division 4 of Tille I of the
Government Code of the State 01 California.
21. ADA REQUiREMENTS. By signing this contract, Contractor certifies tt.at the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended,
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22.
COHTAACr
WRITTEN NOTICE. Any written notice required to be givE",n in any part of the Co!:tracl
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address 01 the CONTRACTOR as sel forth in the Contract Documents.
and to the CITY addressed as follows:
Mailing Addr...:
William G. Hughes
Director of Public Works/City Engineer
City of T emecula
P.O. Box 9033
T emecula, CA 92589-9033
Str..t Ad~ro.s:
Wnliam G. Hughes
Director 01 Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula. CA 92590-3606
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IN WITNESS WHEREOF, the parties heceto have caused this Contract to be executed on the
date first above written.
DATED;
DATED:
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CONTRACTOR
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
(909) 427-8276
Jeff Petty, Vice President
Lyle Stone, Secretary
(Signatures of two corporate officers required for Corporations)
6!gft 7
APPROVED AS TO FORM:
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ATTEST:
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MOJECT 110. PWDT.os
SWRRY SIiAL ~t t=YZOOf-2OG7, AfEAOOWIIISV AREA
SCHEDULE OF PRICES - BAS' BID
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.1 MoblfzatjonlOemobifization
2 . Traffic Control
3 CfaQk Seal
Rubberized Emufeion -
4 Aggregate Sluny (REAS)
TYPE II
Remove and Replace
5 Pavement Delineation
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4,362,000 SF
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TOTAL AMOUNT OF BASE BID: .E:\bt\T "~ f"~:two "I'\\0I&4M>
h>le, ~eG.l SeJ~'f DOLlARS AND ZERo ceNTS
($ ~q.'2.,6'1D .DJ1J
The undeBigned henlby certlfies IhIll helehe ha .. ;ppropriIte IIOenee. issued by the Stale of
California to pnMde lhis WQl1(; lhlIt suc::h license win be in fuI foree ancI e<<ect ltvwgI\ou! \he
Wallon of ~ and 1Ilat any and all ~......t\".1D be employed on lf1le projeetv.ll be
slmI8rly rlC<<\Sed.
Dated; ~ '/ ,f'tf/ ,A'aI?
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The above bid proposal includes Addenda NO's
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PROJECT NO. PW07003
$L.VI'tRy SEAL PRO.IfiCr FY 2CJH.2On, MeADOWWeW MIA
SClEDlJl.E OF ~8 - ADDI11VE BID .
':fIG!.
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Rubberized Emulsion -
Agg,agate Slurry (REAS)
lYPEIII
TOTAL AMOUNT Of' ADDlllVE SID:
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($~.COl
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340,000 SF
'0' 2.b ~l(X).Q() 1f
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DOl UR8 AND ~
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CENTS