HomeMy WebLinkAbout2007-396
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RESOLUTION NO. 2007-396
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 396
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rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 joint regular
meeting thereof, held on the 17 th day of September
, 2007, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
x
KELLEY
JOHNSON x
MCCAMMACK x
~{L~.~
~ ~~a~~::c~1t
The foregoing resolution is hereby approved this / 'It'};- day of
September , 2007.
I< J. Morris,
f San Bernardino
Approved as to Form:
~
es F. Penman, City Attorney
;.
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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").
WITNESSETH:
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
. program.
NOW, THEREFORE, the parties hereto agree as follows:
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
square foot per the proposed 2007-2008 Slurry Seal list (attached), which may be modified by
. the City as may be in the best interest of the City.
. 2. 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,
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. 3. 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.
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
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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
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
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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.
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
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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
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BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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NOTICES.
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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:a5 ! Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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'Xl' , hereunder for the term of this Agreement.
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Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
Telephone: (909) 427-8276
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.
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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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.
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.
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
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executed by all parties to this Agreement.
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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
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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: , 2007
Dated 9//9 ,2007
,
By:
Fred Wi
Approved as to Form:
PUBLIC SERVICES STREET DIVISION
PROPOSED SLURRY SEAL LIST 2007-08
WARD LOCATION SQ. FT.
1 Arrowhead Ave. from Mill S1. to Hilda CI. 157,470
Court S1. from E S1. to Arrowhead Ave. 71,934
3rd S1. from 0 SI. to Arrowhead Ave. 34,200
Arrowhead Ave. from 2nd S1. to 3rd SI. 35,112
MI. View Ave. from Mill S1. to Cluster SI. 97,185
Kina S1. from MI. View Ave. to Arrowhead Ave. 34,827
MI. View Ave. from 2nd S1. to Rialto Ave. 35,625
Total 466,353
2 I S1. from 23rd SI. to 27th S1. 77,815
23rd S1. from I S1. to Muscuoiabe Dr. 70,000
24th SI. from I S1. to MuscuDiabe Dr. 70,000
25th Street from I S1. to Muscuoiabe Dr. 70,000
Lincoln from Hiahland Ave. to 27th S1. 81,681
21st S1. from MuscuDiabe Dr. to 1St. 68,628
Total 438,124
3 E S1. from Oranae Show Rd. to Santa Ana River Bridae 273,000
Redlands Blvd. from Waterman Ave. to Club Way 120,800
Total 393,800
4 NewDort C1. - entire lenath 28,064
42nd SI. from David Way to NewQOrt CI. 3,904
Rankins Ln. - entire lenoth 10,272
Rankins Ln. - entire lenath 8,483
David Wav from Maricost Ln. to terminus 30,368
Ponderosa Dr. - entire lenath 6,688
Mariposa Ln. from David Way to 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
Cienga 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 Shand in Hills Dr. 300,400
H SI. from Edaehill to 30th S1. 68,968
Palm Avenue 74,000
Total 443,368
6 23rd SI. from California SI. to terminus 28,700
Pennsvlvania Ave. from 23rd SI. to 27th SI. 42,770
Flores SI. from 24th SI. to 27th SI. 37,030
Gardenia S1. from 24th SI. to 26th S1. 14,665
Madison SI. from 26th SI. 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 Wav to Lerov 33,990
LarksDur Dr. from Lerov to Belle SI. 12,499
Belle St. from Spur 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
FAX CoveR SHEET
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontanll, CA 92337
CaItomIa Contracolrs Llclllllle #784969
(909)427 -827l5 FAX: (909)427-8279
Date:
"rhr~p
To: ~,,~ h~,(/4
4,k ./~e
RegIlding: ~""IW4' ~ ~/ ,t "'/e! A/;4
FAX No.: tf;J!I.:J';I'.~5.?
From:
Title:
Firm: t:i,,/ ..;;, ~J1l~
Peges Sen~ (including tIlis COYer sheet):
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Commll/1t$:
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fAX 9~ I,. ~93 3929 City of TeIeC1lla .!JI
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PROJSCTIIO. ,..,..
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2 TI'lIIftc Control
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Rubberfzed Emul8ion -
4 ~ SIutry (REAS) 4,382,000 SF \L
I TYPE " O. v
RemoIle and Replace
5 PQY8ftKN1t DelIneation 1 LS Il!l
TOTAl A*JUNT OF lASE BID: -Ell."'T ~ ~+"'ft "111~~
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FAX COVER SHEET
American Asphalt South, Inc.
14436 S8nla Ana Avenue
FOIItalll!l, CA 92337
California Contrlltotrs License f784ee9
(909)427.Q76 FAA (909)427-8279
TO: ~r;f ju,~
Tille:
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From:
Pages Sent, [mcluding this cover sl1eet):
//
Comments:
Thank You
City of Temecula
City Clerk Depertntent
-13200 8wsi1CS~ Pirt Ortlfe,.rerr.ec....a,. CA 9Z590"'\.1ailif1r:1 ,6ddras~ po. Box XJ33'~eJ'TleClli~. (.A. 9ZSR9-9033
. i<;~ II 694-6H-; . F~. (95/j 694-;999 -
NOnCE OF AWARD
M-;;. 2007 ~ 0~l\\Il~d
. . . ,li )\ ~)i Jf'~u-
Jeff Petty. Vice Presldenl
Al'ner.ican ~phalt South, lnc
14436 Santa Ana Avenue
Fontc1na. CA 92337
Project:
Slurry ~al Project. FY06-G7. Meadowview Area. PW07-03
Dear Mr. Petty:
On May 8.2007. the City Council of the City ofTemecul.a awarded you the Contract for the above
named project tor the amount of $930,9;0.00. Enclosed are two originals of the Contract
Documents. Upon receipt. please obtain the appropriate signatures and retum one Original to the
City of T emecula. City Clerk's Department, within ten (1 O) working days from the dale of this nobce.
Retain the second original for your records. AlSO. please submit the reouired bond and insurance
documents as rollows:
. 4. Labor and Materials Bond (Pages LM-1 through LM-2 ot the bid documents) for
$930,970.00
5 Perfonnance Bond (Pages PB-1 through PB-2) for $930.970.00.
6. Insurance endorsements and certificates as specified in Exhibit "A', "Insurance
Endorsements 8. Certificates.'
If I may be of further assistance. please feel free to contact'the Project Manager or myself.
Sincerely,
~~~
Cheryl Domenoe
Administrative Assistant
Enclosure
cc: Amer Attar, Principii' Engineer
_ .__..._...........,........Tn..,..~. ~D_ JlI.~' ~"Al"AfWl")~('X")r.
CITY OF TEMECULA, PUBLIC WORKS OEPARTMEN"I'
CONTRACT
FOR
PROJECT NO. PWOro03
SLURRY SEAL PROJECT FY 2006-2007, MEADOWVlEW AREA
THIS CONTRACT, made and entered into the a" day of May, 2007, by and betwee'l the City of
Temecula, a municipal corporatJon. hereinafter referred to as .CiTY", and American Asphalt
South, Inc., hereinafter referred to as .CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually aGree
as follov.s:
1. CONTRACT DOGUMENTS. TheCOOlplete Contract includes all of the Contract
Documents, to 'Nit: Notice Inviting Bids, Instructions to Biddef$, Proposal, Performance
Bond, Labor and Materials Bond, Plans and S~ciflCalio(1s entitled PROJECT NO. PW07-
03, SLURRY SEAL PROJECT FY 2006-2007. MEADOWVIEW AREA. Insurance Forms,
this Contract, and all modifications and amendments thereto, the Stete of California
Standard Plans and Specifications for Construction of Local S'.reets and Roads. (latest
edition), issued by the California Department of Transportation, where specifically
referenced in the Plans, Special Pro\lisions, and Technical Specifications, and the latest
version of the Standard SpecifiC8lions for Public Works Construction. including all
sLlpplements as written and promulgated by Public Works Standards. Inc (hereinafter,
.Standard SpeciflC8lions') as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW07 -03, SLURRY SEAL PROJECT FY
2006-2007, MEADOWVIEW AREA. Copies of these Slandard SpecifICations are
available from the publiSher:
BNl Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92602
(714) 517-0970
The Standard Speciflcations will control the general provisions, construction materials,
and construction methods for thIs Contract except as amended by the General
Specifications, Special Provisions. and Technical Specifications for PROJECT NO.
PW07.Q3. 5LURRY SEAL PROJECT FY 2006,2007, MEAOOWVIEW AREA
In case of conflict between If]e Standard Specifications and lI1e oll1er Contract
Documents. the other Contract DClCUmenls shall take precedel"CS 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 detaH, it :s understood thaI the item is to be furnished and Installed compleled
and in place and thaI only the best general practice is to be used. Unless othelVl;se
specified, the CONTRACTOR shall fll'nish all labor, materials, tools. equipment, and
Incldentats, and do all the work involved in executing the Contract.
COItTMCl
c-'
1l"L'Pl'~l'.f3""".."*"VItI"N.h_'_'''~~
The Contract Doeuments are complementary, and what is called for by anyone shall be as
binding as if called (or by all. Any cor.flict between this ConL-act allii any other Contract
Document 6hall be resolved in favor of this Cot'll:act.
2. SCOPE OF WORK CONTHACTOR shail perfonn everything required to be performed.
shall provide and furnish all the labor, materials. necessary tools. expendable equipment.
and all utility and transportation services required for the following:
PROJECT NO. PWOTo03, SLURRY SEAL PROJECT FY 2006-2007,
MEADOWVlEW AREA
All of said work to be perfonned and materials to be fornished shall be In strict aCCOfdance
with the Drawings and SpecifiCations and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials. toels. equipment, IiInd services shall be fumished
and work performed and completed uncIer the dlrectioo and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTcr~
agrees to accept. in full 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 nol to exceed Forty (40)
working days. commencing with delivery of iii Notlce to Proceed by CITY. Construc!ion
shall not commence until bonds and insurance are approved by CITY.
5. !:HANGE ORDERS. All change orders shall be approved by the City Council. except tha!
the City Manager is hereby authorized by the City Council to make, by written order.
changes or additions to the work in an amount nol to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM 610 SCHEQULE:
Before submittal 01 the first payment request, the CONTRACTOR shall submit tc
the City Engineer a schedule of values allocated to the varlous portions of Ihe
work. prepared in such form and supported by such data to substantiate i'>
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for revlewlng the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 or the Public Contract Code, wlthin thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall ~
paid a sum equal to ninety P8l"l*1t (900.4) of the Yalue of the work comploted
aooording to the bid schedule. paymen: request forms shall be submitted on or
Cor''''MC1
c.
~m~-tJlMItw'''''''''A"'Jr......_~tlcRn:tGoc
abou1 the tnirtiGth (30th) day of Gach successive month as tr.e work progresses. .
The final payment, if unencumbered, or aNi part thereof unencumbered, shaft be
made sixly (60) days alter acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Flnal 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, slating that the v.'Ork for
which payment is demanded has been performed it'> accordance with the terms a
the Contract, and that the amount stated in the ~rtlficate Ie due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
O. interest shall be paid on sll undisputed payment requests not paid wlthln thirty (30)
cays pursuant to Public Contracts Code Section 20104.50. PubUc Conlract Code
Section 7107 is hereby incorporated by reference,
E. In accordance With Sectlon 9-3.2 of the Standard SpecifICations for Public WOIks
Cor!struction and Section 9203 of the Puolic Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engil'leer if the progress of the construction has been setisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retentiOn to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
CoCe Section 53069.85, CONTRACTOR agrees to forfe;t and pay to CITY the sum of one
thoufJand 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 sl".all be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extenslon (If time and will not be assessed liquidated dama~s for
unforeseeable delays beyond the control of. and without the fault or negligence of, the
CONTP,ACTOR including delays caused 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
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constUute CONTRACTOR'S waiver,
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 cialms for compensetion as to
wort( related to the payment Unless the CONTRACTOR has disputed the amount of the
payment, 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'J
execute an affidavit, release, and indem:1ily agreement with each ctaim for payment.
9. PREVAILING WAGES. Pursuanlto the provisloos 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 or worllman needed to execute this Contract, from the Dlrer.tct
of the Department of Industrial Relations. These rates are avall'Jble from the Califomia
Department of Industrial Relation's Internet Web Site at hnp:/Iwww.dlr.ca.gov.
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CONTRACTOR shall post a copy of such ~e r;ates at the job site and shall pay lha
adcpted prevailing wage rales as a rrinimum CONTRACTOR shall corr~;lly with lI1e
provisionSOfSBCtion 1773.8,1775,1776, 1777.5, 1777.6,and 18130flhe Labor Code.
Pursuant to the provisions of 1775 of the Laboc' Code. CONTRACTOR shall forfellto the
CITY, as a penalty, tile sum of $25.00 for eaCh aIIendllr day, or portion thereof, for each
laborer, worker. or mechanic employed, paid less Ihan the stipulated prevailing rates for
any work done under this Conlract, by him or by any subcontractor under him, in violation
of the provisions of the Contract
10. TIME OF THE ESSENCE. Time is of the essence in this contract
11. INDEMNIFICATION. All work covered by this Contract done at the s;te of rorstructicn or
in preparing or delivering malerials to the site shell be at the risk of CONTRACTOR 81000.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees. and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
Indirectly O'Jt of the obligations herein undertaken or out of the operatior.s conducted by
CONTRACTOR, save sod except dai/l1$ or litigations arisIng through the sole active
negligence or sole wiUtuJ rniscooduct of lhcl'CITY.
The CONTRACTOR shall Indemnify and be responsible for reimbursing the CITY lor any
2nd all costs incurred by the CITY as a resUlt or Stop Notices fded against the project. The
CITY shall deduct such costs from Progress Payments or flnal payments due to the CITY.
12. 9RA TUfTJE~. CONTRACTOR warrants that neither it nor any of its employees, agents. c;r
representatives has offered or given any gratuities or promises to CITY's employees.
agents, or representativ&s with a view toward securing this Contract or securing favorabf(l
treatment wit, respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and th<lt he is not in any """BY 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 lIlat no person in its employ has been employed
by the CITY witltin one year of the date of the Notice Inviting Bids.
14. ~ONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACToR shall file with the City Manager. its affidavit stating that all
wcrk01en and persons erll'loyed, all firms supplying materials, and all $\<bcontractors
upon tJle Project have been paid in full. and thaI there are no claims outstanding against
the Project for either labor or materials, except certain items, If any, to bfl set forth In an
affidavit cover.ng disputed clClims or Items in connection wilh a SlOp Notice whir;h has
been filed under the provisions of the laws of the State of California.
15. f\:OTICE TO CITY OF LABOR DISPUTES. Whenever. CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the tlmely
performance of the Contract, CONTRACTOR shall immediately give r.otice thereof,
including all re'evanl information with respect thereto, to CITY. .
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16. SQOKS AND RECORCS. CONTRACTOR's OOo1<s, records, and plans or SIJch part
thereof 8S may be engaged in the perfOlTT1ance of this Contract, shall at a;l rlI8soneble
tim8$ be subject \0 inspeclion and audit by any authorized representaUve of the CITY.
17. lli,SPECT10N. The work shaft be subject to inspection and testing by CITY and ns
authorized representatives during manufacture and c;onstruclion and all other times and
places, including without fimitation, Ihe plans of CONTRACTOR and Bny of its suppliers.
CONTRACTOR shall provide all reasonw'a facilities and assistance for the safety and
convenience of inspectors. All Inspections and tests shal be performed In such menner
as to not unduly delay the WOll<. The work shan be subject to flnal inspection and
acceptance notwitl'.standing any payments or olner prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMIN~TION. CONTRACTOR represents that it has not, and agrees that It wi!! not.
discriminate in Its employment practices on the basis of race, creed. religion, national
origin, color, sex age, or handicap.
19. GOV(;RNING LAW. The City and Contractor understand and agree that the laws of th~
State of California shan govern the right:;, obfigations, duties and labilities or 1he parties to
this Contract and also govern !he interpretation of this Contract. Any Ii~atlon conceming
this Contract shall take place in the municipal, superior, or federal district c;ourt with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties coocemir.g this Contract, the prevailing party as determined by the Court. shan be
entitled to aclual and reasonable attorney fees and litigation c;osts incurred In the litigatiop.
20. PROHIi;llTEDINTERE$I. No merT'.ber, officer, or employee of the City of Temecula or of
a local publiC body shall have any inlerest, direct or Indirect. in the contract of the
proceeds thereof during hislher tenure or for one year thereafter.
Furthermore, the <:ontractor/c;onslJltant covenants and agrees to their knowledge that no
board member, offICer or emplcyee of the City of Temecula has any interest, whether
contractual. non-contractual. financial or otherwise, in this transaction, or In the business
of the contractng party other than the City of Temecula, and that if any such interest
com8$ to the knowledge of either party at any time. a fuiI and complete disclosure of all
such information wPl be made, in writing, to the other party or parties. even If such Interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commenclng with Section 1220) of Di'lfision 4 of TItle I of !he
Government Code of the State Of California.
21. ADA REQU1REMENTS. By signing this conl"act. Contractor certifies tt.at the Contractor
is in total compliance with the Americans with OlsabiUties Act of 1990. PlIbllc Lay,: 101-
336, as amended.
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22 WRITTEN NOTICE. Ar1y written notice required to be givE\n in any part ollhe Contract
Documents shall be performed by depositing the same in the U.S. Mail, pQ:llage prepsij,
directecl to the address of the CONTRACTOR 8$ set forth in the Contract Documents.
and to lhe CITY addressed as follows:
Moiling Ad<Ir....:
William G. Hughes
Director of Public WorksICily Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Sl....~ Addf.u:
Wlliam G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula. CA 92590-3606
CON""'"
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A:1QIllII"OJre1HW37"W0143Sl\.wryikfj.MtIIiM~tftIICftt1.O!ftt~toe
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DATED:
CONTRACTOR
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana. CA 92337
(909) 427-8276
IN WITNESS WHEREOF, the parties he'eto have caused this Contract to be executed on tl1e
date first abo~ written.
Jeff Petty, Vice President
Lyle Stone. Secretary
(Signatures of two corporate officers required for Corporations)
DATED:
6/gfi 7
APPROVED AS TO FORM:
~
ATTEST: _____
~-- / 0
[ . Susa W. Jones. MMe,
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I'RO.IECT 110. PWlToOI
SWRRY SML I'ROIIICr W2OOf..1fG7, MBADOWIIII!W AMA
ac-NllE OF "RICBI-1lAl1i B1~
....
1 Mobllzalioll/OemobirlZation 1 lS 5
2 ~ Control 1 LS d;)
3 Cr8Qk Seal 1 lS ~
Rubberized EmuItion -
4 Aggregate Slurry (REAS) 4,362,000 SF O.l~ ~<:t20.CIO *
TYPE II
5 Remove nt RepIaoe 1 lS
Pao..el1lent Delineation
TOTAL AIIOUNT OF BASE BI):.E.l"HT ~ ~O "T\\0l&4M)
h"~ ~ ~~'f DOLLARS AND 2ER.D ceNTS
($ <bq.'2-.'5tJL.QQ.j
The uldelsiglMld hereby _ ar_ thai heI8I1e has ... 8PPlQlloillte llGiIn8e, is$uecI by the SlIlte of
Caliromil to pmvide this work; "-l sucta license ... be in full force and ell'ed ltlRIugI\OUt \he
~n of c:onstruelIon; 8I1d lhat any and aI ~"....tOQ 10 be 6nplo)wd Cll'llI1I8 pI1ljecl"'lle
simhrly Iioemed. .
DaIecI; ~"/ ~tf/ ~dI?
. ' , ..
?,n/? ~
CIIIomlaoo..~. ~ No.
:Rs..
~ fir! ~7
.... Type .....,lllIa .
The above bid PIqJos81 ir1dudes Addenda NO"I;
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PROJIICT NO. ""'".oJ
SUlMYSEAL PftOJIiiCJ'FY~. EADCMWI!W NIIA
J:t'....... IS OF PAICE8- ~... .
..
.1(.4,4: ;...., .
A01
Rubberized Emulsion -
A99,egC. Slurry (REM)
lYPe III
340,000 SF
O. Z-b gstto~ 1f
. ' ,
TCn'AL AMOUNT OF ADDITIVE BIO:
nu;'\OUJ:)
($~. COl
Ellimf EtW<< ~
00l1.AR8 AND ~
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CEMTS
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