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HomeMy WebLinkAbout2010-064 '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.2010-64 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 $557,700 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO AMERICAN ASPHALT SOUTH, INC. FOR THE 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: WHEREAS, The City of San Bernardino has accepted American Asphalt South, Inc.'s offer to piggyback on the City of Laguna Niguel's purchase price for the FY 09-10 slurry seal program; SECTION 1. 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 as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length, SECTION 2. This agreement conforms to the requirements of the City of San Bernardino Municipal Code Section 3.04.010 B-2. SECTION 3. Pursuant to this determination, the Finance Director or her designee is hereby authorized to issue a purchase order to American Asphalt South, Inc., in the amount of $557,700; said Purchase order shall reference this Resolution and shall read, "American Asphalt South, Inc., for slurry seal services throughout the City of San Bernardino." SECTION 4. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage of this resolution. 2010-64 . 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF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 $557,700 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO AMERICAN ASPHALT SOUTH, INC. FOR THE SLURRY SEAL PROGRAM UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, STREET DIVISION. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 6 7 8 following vote, to wit: Mayor and Common Council of the City of San Bernardino at a joint rpg111 Rr day of April , 2010, by the meeting thereof, held on the 5th 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B, 27 James, Penman, City Attorney . Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x DESJARDINS x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x ~ 1;1,~ Rac el G. Clark, City Clerk hereby approved this ~7?t' day of The foregoing resolution is April ,2010. 28 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 5th day of April 2010, 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 09- 10 slurry seal program; and WHEREAS, the City of San Bernardino has accepted American Asphalt South, Inc,'s offer to piggyback on the City of Laguna Niguel's purchase price for the FY 09-10 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 2,697,892 square feet of rubberized slurry seal at a unit price cost as indicated in Attachment "I" and incorporated herein by this reference. The parties may agree to modify said Attachment "I," in writing, if said modification is in the best interests 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 $557,700 for the FY 09-10 slurry seal program. b. No other expenditures made by VENDOR shall be reimbursed by CITY. EXHIBIT "A" I 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. TERM; TERMINATION. The term of this agreement shall be from April 5, 2010 through June 30, 2010, with two (2) one-year extensions at the City's option, Option year one, if exercised, shall be effective July I, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. Price in any option year shall be as negotiated by the parties at the time of exercise of the option, In no option year shall the price exceed that set forth herein, 4. WARRANTY Vendor expressly warrants that all products and services supplied to City by Vendor under this Agreement shall conform to the specifications, drawings or other description upon which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non- conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense, "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice EXHIBIT "A" 2 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties, S. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omISSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile 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 additional named insured in each policy of insurance provided hereunder. The Certificate of EXHIBIT "A" 3 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of policy. 7. 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. 8. 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 licenses, if any are required, in connection with the services to be performed hereunder. 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. III 1/1 EXHIBIT "A" 4 2010-64 1 10. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 913-2313 Contact: Jeff Petty 11. 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. 12. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law asslgn, 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 EXHIBIT "A" 5 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 13. 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 mandatory and not permissive in nature. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. IS. 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. 16. 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. 17. 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. III III 6 . 2010-64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT AMERICAN ASPHALT SOUTH, INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: tf;M .? , 2010 American Asphalt South, Inc. BY:~' 9At .G(.,~ .I'<<~ Dated~OIO By: Charles E, McNeely, Ci Approved as to Form: o::,d . Penman, City Attorney 7 . 2010-64 ATTACHMENT '1' (pAGE 1 OF 3) CITY OF LAGUNA NIGUEL FY 09-10 CITYWIDE SLURRY SEAL PROGRAM CASH CONTRACT NO. 09.09 CONTRACT This Contract is made and entered into fOr the above stated project this 18"' day of August, 2009, BY AND BETVv'EEN THE CITY OF LAGUNA NIGUEL, as Agency, and American Asphalt South, Inc. as Contracto(, WITNESSETH that Agency and Contradtor have mutually agreed a5 follows: . ARTICLE I The contract between the Agency and the! Contractor shall consist of this Contract and all of the contract documents for the aforesaid project which are the following: (1) the Notice Inviting Scaled Bids, Instructions to Bidders, Proposal (as submitted by the Contractor), Guaranty, General Specifications, Special Provisiods, Final Closeout Agreement and Release of all Claims, Plans (if any accompany the project); (2)'everything referenced in said documents, such as specifications, details, standard plans or cllrawings and appendices, including all applicable State and Federal requirements; (3) all require~ bonds, insurance certificates, permit~, notice~, and affidavll5; and (4) any and all addenda o~ supplemental agreements clarifying, amending or extending tbe work contemplated as may! be required to insure completion in an acceptable manner. All of the provisions of the above.listed documents are made a part of tbis Contract a.5 though fully set forth herein. . ARTICLE II For and in consideration of the paym.ents' and agreements to bc made and performed by Agency, Contractor agrees to furnish all materials; and perform all work required for the above stated project, and to fulfill all other obligations as set fonh in the aforesaid contract documents for the contract price of $875,390.48. ARTICLE III Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, perfonning all work, and fulfilling all obligations hereunder. Said compensati.on shall cover all expenses,ldsses, damages, and consequences arising out of the nature of work during its progress or priar to its acceptance including those for welI and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents: and also irtcluding those arising from actions of th.c clcment5. unforeseen difficulties or obstructions eni:ountered in the prosecution of the work, suspension or discontinuance of the work, and all other!unknowns or risks of any description connected with the work. CA-I 2010-64 CONTRACT (PAGE 2 OF 3) ARTICLE IV Agency hereby promises and agrees to employ. and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the tenns and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insuran.ce in accordance with the provisions of that code, and certifies compliance with sucb provisions. ARTICLE VI Contractor agrees to indemnify and hold hannless Agency and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE VII Contractor agrees that the Agency may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and Agency and will not be a basis for a compensable delay claim. ARTICLE VIII Contractor agrees that submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the Agency, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by Contractor. ARTICLE IX Contractor affirms that the signatures, titles, and seals set for1h hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. CA-2 2010-64 CONTRACT (PAGE 3 OF 3) IN WITNESS WHEREOF the parties hereto bave caused this Contract to be executed the day and year first written. CITY'~ 6. Mayor - CIty of Laguna 19uel CONTRACTOR: k,'carJ tI~h' $HJ, JiJ(. (Print Name of Contractor, Company or Corporation) A TIEST: Ph9!!e ..I # (9't'9.I 'It?~B~?6 By ~ \E.R=" Pert'""J- (Print Name) Ofl~ (Signature! V Ice Pres DeNt (Title) 1?zut/1-lf~~ tCity CIerI< - City of Laguna Niguel By ~ J ~ If I?t ( 'nt Name) ~ ignature ) S:r~"f{ (Title) ..I NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATIACH JURAT. Contract Approved As To Form: CA-3 2010':'64 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT -~~:-;'iO~E~.A'm..~4i;,,~,a~a-~=-~J01ll:&~~~;::;'.I"}&!,,:p,r,..~~~~~~~~ '~ ~,~-",,,.~~~. ~ " r ,. State of California County of S<l ... {3" r rua t',1i ~ L:, }as. o~ 4~ ~ .26>c?'1 personally appeared L y II' before me, ~r;.br,:rA lIof,; k/~ - M,-kI.J P NarneMdTlneltlOlllCer{e40,"JaneOOll,NoIllIYI'UlJlrl' Sf(>'1e . ~"7.&,f ~# f?..trv NMlfl(alcllSigle<<-1 7 {. r )!i proved te me on the basis of satisfactory ellidence }~ ~b<ARD E""". I ~ COMM. #1854481 ~ ::E': IIOT_ PUlUC.CALJI'ORNlA '" o - llalNARDl'O c~TY ""' J ,My Cormn. """" JUL 13, ,,,,. ( ---~~---......--~- to be the person(s) whose name(s) .ioIl1lre subscribed 10 the within InslltJment and aoknowledged to me that ~/they executed the same in ~helr euthorized capacity(ies). and that by ~.Fi1frJtheir slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tho instrument. ., r. WITNESS my hand and official seal. ..c-:: ..u'/e$~ ." ~NU'yPuaila 'l OPTIONAL Thaugh the informs#on below is not requited by /aw. It may pro\'f ....Iuab~ 10 ~rsons relying on (h~ document and CfJuld pt'Pwmt fr"uduisnt mmollBl and reattachment of this form 10 st10ther dOcumst'lt. Description of Attached Document 1111e or Type of Document: i~ Document Date: Number of Pages: I r '1 > ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - nle(s): o Partner - D. Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other. Topoflhumbherl;l 1 .1 r I r ,I Signer 15 Representing: ,"" '~ -'''''''.'." =1mNolIlln;lIMW:IIY"!I!l~IlT1'em ~.so'oJw.,,,P.O, blr.~.4~.CIlIllrNarlll,C"913111.2t02.'Il'WW.hD.~IY.or; PrlII!LN6,.S!107 ~CIl!'T"LI'I~1.l)OO.If1B.8ll27 . 2010-64 WORKER'S COMPE.NSA nON INSJ,JRANCE CERTIFICA T.], Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979. C.373. p1343), each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the contract: "1 am aware of the provisions of Secti.on 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordau.ce with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this conlract. " //fJ!!r/aJ'l? ~k# ~vIJ, .r~ (Contractor) By L,y/e $hl?e (print Name) dJ~ (Si~) (fitl~ecve"'r ~w/ 5~ )'~? (Da ) Section 3700 of the State Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self.insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." CA-8 2010-64 CITY OF LAG1JNA NlGUEL CONSTltUCTION OR SERVICE CONTRAcr INSURANCE ENDORSEMENT To be attached to and made a pII't of aU policil!$ insuring tbe liability of any pe.rsou, flm or corporation pet.fotmi1ig services under totItract for the City of Laguna Nigael. Not withstanding any inconsistent expression in the poUey to which this endorsemetlt is attacb.ed. or in any other endorsement now 01' hereafter atl:m:hcd thcmo, or made a plll't dIc1I:of. the protection llfforded. by saJd policy shall: 1. I'nc1nde the City of Laguna Niguel as an additional insured. "Thl! lllSU= agrees that the City of Laguna Niguel and its City Council and/or aU City Council appointed groups, commiUees, boards and any other City Council appointed body 8IId1or e1eclive md lppOil'Itive officers, servants. em.ployeeg, or C01Isultants of the CIty, wlum actiDg as such, ~ additional insuted hereunder for the ~ of the insured, and such in&urance slWl be prlmary to my insurance ofthe City.. 2. Tnd..mnify and save hau:Illess the City of l.quna Niguel against any md all claims or suitll !llSultlng from the undeJtakiO,8 specified in the COlltIlltlllaJown I\li the FY 09--10 CityWide Sl\JT/'Y Seal Program, Cash COBtlaCt No. 09.09. This bold harm1esa 8SIIumption, on the pllrt of the 1lX1derwrlters sbaIl include aU CMtS of investigation and defense. 3. Not be suspended. 'Voided, canceled by titber party, reduced in coverage or in limit5 or bave I!. chaage in in&urance company except afta'tblrty (30) dBys' prior written notice by certified mail, retllIn receipl requested., bll5 been given to the City. Any failure to l;omp)y With zepu.tiDg prQVi.$jOllJ of the policy(ies) .hllll not aifect cO\'er&.ge provldW to the City of Laguna Nlgnel as enume~ in this enllorlletm:nt. 4. Limited clas9ltl.cations, restrictiDg endorsements, exclusions or other special pro'Visio.us contained in the policy shall not act to lidt the benefits of coverage. they shall B,l'Ply tQ the City of Lagu.nA Niguel as enumerated in this endorssUll!tlt. However, nolhillg berein cuntahled shdl affect any rights oa /J/'!.;'fI~Ured. ...... '" ml__" "'" ^4 l!.f7 ~ Policy No. A1CG36070905 Date: 8 5(21)09 Ins1.lrn1.Arnerican Asphalt South, IncEtp:1ratiQnDate; 1(1/2010 Project Name and Number Contract No. 09-09 FY 09-10 Slurry Seal Proqram CA-9 , 2010-64 CITY OF LAGUNA NIGUEL FY 09-10 CITYWIDE SLURRY SEAL PROGRAM CASH CONTRACT No. 09-09 GUARANTY In accordance with the terms of the contract for the FY 09-10 Citywide Slurry Seal Program, Cash Contract No, 09-10 in the City of Laguna Niguel approved August 18,2009 between the City of Laguna Niguel (hereinafter referred to as the Agency) and the undersigned, under which contract the undersigned shall complete work as described in the contract documents, the following guarantee of said work is hereby made. Should any of the items installed pursuant to said contract, prove defective or should the item as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the said item or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one year after date on which the work is accepted by the Agency, the undersigned agrees that the repairs shall be made and such material.s a5 ate necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency, In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by anyoth.er Contractor. The undersigned agrees to reimburse the Agency, upon demand, of its el!;penses incurred in restoring said items to the condition contemplated in said contract, including tbe cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated. Emergency repairs must necessarily be made by the Agency; therefore, when defecti ve material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred, Said items will be deemed defective within the meaning of this guaranty in the event that they fail to operate as originally intended thereof and in accordance with the plans and specifications included in said contract. The Faithful Performance Bond for this project shall remain in full force and effect for the entire guarantee period a~ required in the specifications and contract documents. ~/ ~f,tt1:J7 Date cL~ BIDDER'S NAME _17.tr/f;'P~ /!.//"'ltlfT .. ~, .Mt. . (pAGE 1 OF 6) CITY OF LAGUNA NIGUEL 2010-64 FY 09-10 Citywide Roadway Slurry Seal Program CASH CONTRACT NO. 09-Q9 ,. PROJECT BID SHEET The Contractor shall complete this Project Bid Sheet for use only by Agency for comparison of bids and compensation to the Contractor for this project. The Contractor shall submit a balanced bid. The estimated quantities and itemized descriptions listed in the Project Bid Sheet are supplied to give an indication of the general size of the work. The accuracy of the estimated quantities is not guaranteed. Unit prices are intended to be the basis for additions, deletions or substitutions to the work, if required. Lump sum prices and/or quantities shall be considered all inclusive and shall not be considered for price and/or quanti.ty adjustment. The work to be performed shall include, but not be limited to, the items described. The bid shall include the furnishing of labor, services, tools, equipment, materials, appurtenances, and incidentals necessary to install or complete all work contemplated per the plans and specifications. Item Description Unit Quantity Unit Total No. Price 1 Hand Patch Asphalt Pavement SF 24,012 /,'&1 ]/;,2$8.12. 2 Rubberized Emulsion Aggregate Slurry Tvoe I Gal 128,69:2 , 'I. ~9 r.{~tt~g,~ 3 Rubberized Emulsion Aggregate SlurryTvne n Gal 32,831 '~;9 .., /'11. 9~t.Jj 4 Install Detail 39 - 6" White Bile Lane Line LF 562 , ~J 17"1, ";l."2. 5 Install Detail 39A - 6" White Bike Lane Line LF 650 . ~ J 2.bJ.~~ 6 Install Detail 38 - 8" White Channelizing Line LF 2,254 '7 ~ B .'~O Including RPM's .~S' 7 Install Detail 22 - Double Yellow Centerline LF 30,712 . '31 Cf. >'7-/).72- Including RPM's 8 Install Detail 27 - Double Yellow Left Edge LF 642 , , '?I ) 'I1.(../... Line Including RPM' s 9 Install 10 Ft. 24" Longitudinal Yellow Bars in EA 1 /I (). "., 11 () . ()() Crosswalks (paint) 10 Install 12" White CrosswalkILimit LinelHatch LF 2,213 .- {, pSS.7$' Line (Thermoplastic) 7..'7:> , 11 Install 12" Yellow Crosswalk (Thermoplastic) LF 902 ~.7S 2 'I ~f).S/> 12 Install "STOP" White Pavement Markings - 22 LF 51 II () . (?f? 5, bIt). PI> SF (ThermoPlastic) 13 Install "STOP AHEAD" White Pavement LF 10 ~ 75. ~~ '2 '7 St:>. 6" Markings - 54 SF (ThermoPlastic) , 14 Install Arrows Type IV (L & R) White EA 35 '02' . ->00- Z~~7.~O Pavement Markings - 15 SF (ThermoPlastic) . 15 Install Arrows Type vn (L) White Pavement EA 7 110. or? 7 "7€), ,." Markings - 27 SF (ThermoPlastic) 16 JllStall Numbet'S White Pavement Markings - EA 29 'B ~ . So 7!, ~ 9'2.5tJ 2.Q,~]:; (The " P-13 Qv',j< J 5tf< u,?;J. I \ I I i J :~~AGE;2 OF 6) '~j;r;" .:' . . 2010-64 .:.r,1!. Unit . Item Description Unit Quantity Total No. Price Install "SLOW SGHOOL XING"Yellow EA 2 ~$'?, w 770. Ol> 17 Pavement Markings - 80 SF (ThermoPlastic) Install "SCHOOL" Yellow Pavement Markings EA 3 /~7. >C I.I/'l. . ~() 18 "35 SF (ThemooPlastic) 19 Install "SCHOOL SIGN AHEAD" White EA I ~, G': lie> J5 s: /JlI Pavement Markings. 87 SF (ThermoPlastic) Install "BUMP" White Pavement Markings EA 1 20 (ThermoPlastic) 2 ea, 12" Reflective White 5' G"P. ~ '5S{).6() Stripes (Paint) 2 ea, and Two Way Yellow Reflective Pavement Markers 5 ea. 21 Install Type G or H Pavement Markers EA 29 "7. "If;) 1")7, t.D 22 Install Two Way Blue Reflective Pavement EA 356 >..s (;) /15~."/) Markers TOTAL f/7~ ~1D. 'If '.~-r; '~: '" P.14 .:..~L .' , , y/ WARD TYPE LOCATION SQUARE FEET 1 2 Waterman from Mill to 5th 523,674 Total 523,674 2 2 21st / Perris Hill Park Road from Waterman to Pacific 253,296 2 Niles from Kenwood to Crestview 14,520 2 20th from Broadmoor to Pepper Tree 22,560 2 Broadmoor from 18th to 20th 21,360 2 Parkside from 18th to 20th 23,430 2 Kenwood from 18th to 20th 33,570 2 Pepper Tree from 20th to Niles 17,700 2 Crestview from 18th to 21 st 45,000 Total 431,436 3 2 Poplar from Pepper to Meridian 44,628 2 Meridian from Mill to bridge 50,388 2 Poplar from Marvin to Dallas 31,320 2 Birch from Meridian to Dallas 42,372 2 Walnut from Meridian to Dallas 35,610 2 Atchison from Marvin to easterlv terminus (includes cul-de-sacs) 39,816 2 Marvin from Starks to Atchison 41,616 2 Sutter from Birch to Atchison 1 5,444 2 Lassen Ave & Ct from Walnut to Atchison 26,400 2 Dallas from Poplar to Atchison 47,664 Total 375,258 4 2 Harrison from 40th to northerly terminus 15,000 2 Sonora from 40th to easterly terminus 15,000 2 Bonita Vista from Mountain to Osbun 98,580 2 Shahen from La Hacienda to Bonita Vista 17,340 2 La Hacienda from 39th to easterly terminus 16,500 2 EI Camino from La Hacienda to 39th 9,520 2 Oxford from Del Rosa Ave to northerlv terminus 24,440 2 Del Rosa from 39th to Quail Cyn Rd. 37,680 2 Hampshire from Oxford to Bonita Vista 17,120 Total 251,180 5 2 Ranch from Covote to westerly terminus 61,092 2 Creekside from Coyote to 48th 50,544 2 Tumbleweed from Chaparral to Lakewood 16,380 2 Wild Pony from Lakewood to Coyote 34,956 2 Indian Trail from Coyote to Creekside 45,612 2 Wilderness from Kendall to Indian Trail 700 2 Coyote from Indian Trail from Creekside 10,656 2 SaQuaro from Wild Pony to Ranch 13,590 2 Saaebrush Terrace from Wild Pony to Ranch 18,360 2 Lakewood from Kendall to Ranch 28,332 2 Chaparral from Ranch to southerlv terminus 15,984 2 Little League from Meyers to bnclOe 109,248 Total 405,454 6 2 Western from 16th to Cajon 136,260 2 24th from Medical Center to Western 26,440 2 23rd from Medical Center to western terminus 28,290 2 Madison from 23rd to northerlv terminus 4,680 2 Ramona from Hiahland to 24th 11,610 2 Cabrera from Hiahland to 24th 25,110 Total 232,390 Attachment "2" CITY OF SAN BERNARDINO PUBLIC SERVICE DEPARTMENT STREET DIVISION SLURRY 2010 2010-64 3/11/2010 2010-64 . 7 2 Sonora from Valencia to San Gabriel 27,120 . 2 Ralstonl 39th to Valencia (these streets loop around) . 71,600. 2 Avery from Valencia to easterly terminus 32,120 2 Parkdale from Valencia to easterly terminus 32,120 2 Glendenning from Valencia to easterly terminus 26,700 2 Bernard from Valencia to easterly terminus 27,300 2 Marshall from Valencia to easterly terminus 38,240 2 Val Mar from Valencia to Windsor 28,650 2 North Road from Valencia to easterly terminus 32,250 2 Lynwood from Valencia to 30th 78,720 2 Mockingbird from Valencia to easterlv terminus 32,720 2 San Gabriel from 30th to North Road 50,960 Total 478,500 GRAND TOTAL 2,697,892 2 3/11/2010