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HomeMy WebLinkAbout21- Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and Dept: Public Services purchase order between the City of San Bernardino and American Asphalt South Date: January 23, 2007 Inc. for completion of the Fiscal Year 2006-2007 slurry seal program. Meeting Date: February 20, 2007 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution 7 a ru re Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Ward All Agreement, Resolution FUNDING REQUIREMENTS: Amount: $320,000.00 Source: FY 2006-07 Account No. 126- 369-5504-7306, Gas Tax Slurry Seal-Varies Finance: Council Notes: 20017- 4p� Agen Item No. C�/�W/& CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: A resolution authorizing the execution of an agreement and purchase between the City of San Bernardino and American Asphalt South, Inc. for completion of the Fiscal Year 2006-2007 slurry seal program. Background: The City of Ontario completed a bid and award for application of rubberized slurry seal in June of 2006. Staff has received a copy of this bid information and forwarded it to the Finance Department (Attachment A). This bid offers a $1.63 per cubic yard cost for applying the slurry, which is less than the $1.80 per cubic yard we paid last year. Finance has determined that the bidding process completed by Ontario conforms to the requirements of City of San Bernardino Municipal Code Section 3.04.010 B2, which allows the City to accept bidding from another governmental agency (State, County, City) for goods and services. Staff is requesting that American Asphalt South, Inc. (American) be granted a purchase order in the amount of $320,000 in order to complete the proposed slurry seal program budgeted in the 2006-07 Capital Improvement Program (Attachment B). A total of $400,000 is budgeted and after award the balance of the budget will be used for crack sealing and any striping needed for the slurry program. American completed the slurry seal program for the City last year. Slurry seal application requires a high level of customer service. Slurry takes several hours to dry and it is important to keep vehicles off the material until it dries. This will only work if the public cooperates in the effort. American scheduled the work and handled public notification without incident this past year. There are no local contractors who apply this rubberized material per Green Book standards (Attachment C). Financial Impact: Funds for this $320,000 purchase order are contained in the 2006-07 Capital Improvement Program under Project No. SS-D Pavement Rejuvenation account 126- 369-5504-7306 Recommendation: Adopt resolution. PUBLIC SERVICES STREET DIVISION PROPOSED SLURRY SEAL LIST 2006/07 TOTALS WARD LOCATION SQ.FT. 154,360 1 Arrowhead Ave. from Rialto Ave. to Rail Road Tracks 24,360 1 Hilda Court from Arrowhead Ave. to Pershing Ave. 10,000 1 Redick Ave. from Arrowhead Ave. to Pershing Ave. 10,000 1 Metro-Link Station Parking Lot 110,000 295,200 2 Canyon Rd. from Baseline St. to Gilbert St. 74,000 2 Oakhurst from Windsor Dr. to Windsor Dr. 73,200 2 Roxbury Drive from Windsor Dr. to Windsor Dr. 74,000 2 Cedar Street from Baseline Street to Gilbert Street 74,000 266,490 3 Mill Street from I-215 to Mount Vernon Ave. 266,490 221,900 4 North David Way from 40,n Street to Mariposa Drive 122,400 4 Quail Canyon Road from Bonita Vista to Quail Hollow Road 87,500 4 Quail Hollow Road from Quail Court to Quail Canyon Road 7,200 4 Quail Court from Dead End to Dead End 4,800 312,265 5 Belmont Ave. from Little League to Magnolia Ave. 30,000 5 Miramonte Dr. from Marshall Blvd. to Vista Avenue 35,700 5 Grande Vista Ave from Marshall Blvd. to Miramonte Dr. 35,125 5 Ed emont Dr. from Vista Ave. to Miramonte Dr. 15,840 5 Meyers from Little League to end 31,050 5 Shandin Hills Circle from Kendall Dr. to Shandin Hills Dr. 78,750 5 Shandin Hills Drive from Shandin Hills Circle to Kendall Dr 85,800 226,900 6 Mallory St. from Pennsylvania Ave. to 28 th St. 33,840 6 Tracy Ave. from 28` St. to end 5,320 6 Glenview from 30` Street to 28` Street 42,120 6 30` Street from Dune Avenue to 28` Street 31,320 6 Dune Avenue from 30` Street to N. Colima Avenue 9,000 6 28` Street from California to 30` Street 79,200 6 Pennsylvania Avenue from 28` Street to Mallory Street 26,100 232,514 7 33` Street from LeRoy to Wall 7980 7 Edgehill from Waterman to Dead End 7900 7 Wall from Marshall to 34 th 27,500 7 33` Street from LeRoy to Belle 13,600 7 Ed ehill from LeRoy to Dead End 10,600 7 Ed emont Drive from LeRoy to Belle 13,600 7 Belle Street from Ed emont to Dead End 21,834 7 Ardmore Street from LeRoy to Belle 14,100 7 Bernard Way from LeRoy to Belle 14,400 7 Wall From Parkdale to 34` Street 60,000 7 Belle Street from Ardmore to Bernard Way 21,000 7 Belle Street from 30` Street to Horine Park 20,000 1,709,629 Total No.21 2/20/07 IF 4 I p? EA�S i 'dk' S TFILET. C1`..0 �:riv tE GNTAF-!O CAL;FCRN,A 91764-4'96 1909) 395.2000 F.AX (909) 395.2070 CONTRACT *uUL F- LE-04 GREGORY G DEVEPEAUX "-A'o°. CON TRACT CIO. 0506-14 cI-1MANA0S1% A'AN 0 N,ApN=x r1ARY E. W1PTES,?AMC M"?Op Nt?p+tM CITY CI,kPK JASON ANDIFHSC:N JAM,.3 N.MiLHISER Si-IF!LA VAi!TZ t9WASUP0 "::at,l•�Il•Af MSE4S 1. P.,%jFtvrs AND DATE. 'fb t Contract is made and entered into this 6�h day of_j un-p_- 2006, b�. and between the City of Ontario("O xner'}and American Asphalt South,Inc. ("Contractor"). Ow er and Contractor may hereinafter be referred to individually a; "Party" and colter.vely as "Fatties," 2. RkCC TA LS. Owners a mumcipai corporation orgar.)ized under the laws of ffie`sate of Califomi:a, witli oowvr to contact for sen,iees necessary to achieve its purpose i). Contractor.in response to a Notice Tnviting Bids issued by r)wner on May 11,2006, has submitted a bid proposal For the CITY OF ONTARIO 2005/2006 SLURRY SEAL. PROGRAM - PHA-SE II Project, Contract No. 0506-14, d.-scribed in the Contract. c:. Owner has duly opened and considered the Contractor's bid proposal, and duly av arded the bid to Contractor in accordance with the Notice Inviting Bids and the ether Bid Documents, and bas given written notice to Contractor on May 16, 2006.- J, Cont-ractor-haz obtained and delivered.to Owner Perforrazanre and Vay=dVj3611d's , and evidences of insurance coverage a9 required by the Bid Documents. 3, TERMS. a. l col2ora iion of Documents. This Contract includes and hereby incorporates in fall b,, reference the foilwving d0curnents, including all exhibits,drawings,specifications anddocurnsnts therein,and attachrlents and addenda ^;hereto: a. Notice Inviting Bids b. Instructions to Bidders C. ProposallB:d Fvm,is R'eT!rD';\r�+i�3G44 c:a. 4?A7Ek�CCALf041r,,1) CONTk,%("I-I 0 r^^Acted cql retried paper. d Contract C. Contract Appendi,es: Part"A" - Genera: Condition.s Part "B" - Suppiementary General Condition. Part"C - Speci;:l Provisions Part "D" - Project Plans/Tec:uiiczl Specifications 'Under seporate cover) f. :kddendura No. dated The above documents are an integral pan of the Contract Documents. In adcition tc sigrang -1-us Contract,Contractor shall initial trLis paragraph immediate y belov�r ack:,iowledviag that be cr she has read, understood and agrees with all of the terms of the Contract Documents,including, but not linute: ta,provisions cf the General.Conditions relatiztg to indemniEcation.insuraice,standards of pertetnance..termination,compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documen.s, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, Owner shall have the right to declare the Contract unexecuted and to Award the Contract to another contractor in accordance with state law. Contractor's Inidab b. Contractor's Basic Obligation. Contractor promises;and agrees,at its own cost and expense,to furnish to Owner al-11 labor, materials,tools,equipment,services,and incidental and customary work for the constru.ctict)of Bid Category number(s) 1 - 5 necessary to fully and adequately complete CITY OF ONTARIO SLURRY SEAL PROGRAM - FILAM H, including any alternates selected by Owner, and all structures and facilities described in the Contract (hereinafter the "Work"), for a total of Fight Hundred Sixty Four Thousand Four Hundred Sixty Eight and 71/100 (5864,468.71), a3 specified in the Proposal/Bic.Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. c Ytapdard of Performance. Contractor sWl perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and.maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employes and Subcontractors shall have sufficient skill and cxperiercc to petfomi the Fork assigned to them. Finally, Contractor further represents that it, its employees and Subcontractors have all licenses, permits, qualifications and approvals of whatcver nature that are lega;.ly required to perform the Work, and that such licenses and approvals shall be maintained throughout d1e term of this Contract. RVPIB/ACD 5!3644 09-STATE do LOCAL(Ow'13) CONTRACT-2 d. Period of Performance. Contractor shall perform and complete all Work under this Contract within twenty (20) working days, beginning ten (10) calendar days after the bate cn which the Notice to Proceed is sent by Chvner to the Contractor. Moreovcr, Contractor shall perform its Work in strict acco-dance with any completion schedule; constructior_ schedule or project milestones cevelopcd pursuant to provisions cf the Contract, including but not limited to the prcicct schedule ("Project schedule") located in tke specifications ("Specifications"). Contractor agrees that if such Work is not completed within the aforementioned period and/or pursuant to any such completion schedule, constructiort schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that Owner will suf.'fer damage. Pursuant to Goverizmeat Codc Section. 53069.85, Contractor shall pay to O,A^Zer as fixed and liquidated damages the sum of One Thousand and No/100 Dollars ($1,000.00) PER DAY as provided,by the applicable provisions of the General Conditions, found in Par:"A"of the Contract Appendix and the Special Provisions. e. Qwner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as at:independent contractor to furnish aiI materials and to perform all Work according to the terms and conditions herein contained fer the sum set forth above. Except as otherwise provided in the Con.t:act, Owner shall pay to Coutractori as full.comideration for the.satisfactory pdrfortrance by the Contractor of the services and obligations required by this Contract. the above referenced compensation in accordance with compensation provisions set forth in the Contract. f. Contractor's Labor Ceni caliQn. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor.Code which require every employer to be insured against liability for Workers'Compensation or to undertake self-insurance in accordance with the prow isioas of that Code,and agree;to comply with such provisions before commencing the performance of the Work. A certification four,for this purpose is attached hereto as Exhibit"A" and incorporated herein by reference,and shall be executed simultaneously with this Contract. g. A.ttornevs'Fees. Tf either party commences an action against the other party, either legal.,administrative or o:l:er,Aise,arising out of or in.connection with tljs Contract,the prevailing,party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. h. Successors. The parties do far themselves,their heirs,executors,admiristrators,successors,and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not R%TUD'ACD/553644 G3,STXM,&LOCAL(06,03) CONTR.4CT•3 either voluntaril-y or by action of law, assign any obligation assumed by Contractor b.erewider wi `ioat the prior written consent of Ow-ner. . All rouces hereunder and cornmuuicattctis regarding inrerprctation of the terms of the Agreement or changes thereto sliall be provided by the mailing thereof by registered or certIed mail, :etzurta.receipt requested; postage prepaid and addressed as follows: Contractor �Sut~ety / h�tre� American Asphalt South, ;nc. sp y 14436 Santa Ana Ave. -- Fontana, CA 923 3 7 Owner With Copley t0: City of Ontario 303 East "B" Street _ -- Ontario, CA 91764 -- Attn: City Engineer Attu: Any notice so given shall be considered received by the other party three (3) days.xfier deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. j. .Prevailing Waves; Apprentices; Payroll Records. This Project is a public work for purposes of the California Labor Code. which requires payment of prevailing wages. Accordingly, Contractor and all Subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations,and otherwise comply with the provisions of Section 1770 et se of the California Labor Code and any applicable laws;rules anal regulations adopted with respect thereto ("California Prevailing Wage Laws"). Copies of such prevailing rates of per diem wages are on file at the office of the Engineer, and copies shall be made available to any interested party on request. The Contractor shall post a copy of the rates at the Project site. The Contractor shall, as a penalty to Owner,forfeit fifty dollars ($50.00) (or any higher rate established by the California Prcvailing•xage Laws)for each calendar day,or portion thereof;for each worker it or its Subcontractors pay at less than the prevailing rates. as determined by the Director. for such work or craft in which such worker is employed for any public work done under t1.te Contract. Signatures on Next Page RvPUB/ACID%653544 QB-MIT&LpCtiL Vlb!v3) CONTRACT-4 • t — CONTRACTOR CITY OF ONT, By: -�'' --------- -- By: acne y e ee Gr ereaux Ciry 1� %nager AIW Title Attest: Tax T.D.Number Cin-Clerk J,, 4 tOQ AprrovAt CAS to Contractor's License Number;Class City Attoracy RVPliD/ACDi633644 CONTRACT'-5 ofoioi� Purchase Order ONT' ARIt 0 GliNERAL SERV CES L)EiPARTNPIENT Purch®se Order Date Revision Pa 303 as!I*Street,,tame CA 5176 ONTCA-OJg0018059 0811013006 �1 (909)365-2012 FAX(90`,9)395-2385 Payment Terns Freight Terms Ship V16 1 E-Mali!purchasing@C!,ontaft-ca.us Net 30 Deatinsticn Common rBuyer _ _ Cwr►enry USD Ship To: EntJsnm:ng Vendor. 0000010829 303 EsA V Street American Asphalt South,inc. Ontario CA 91764 14435 Santa Ana Ave Fontana CA 92334 13111 To: "iscai Services X909)395-2027 303.Eest"8'!rreet Ontario CA 91764 De4 or GuZ Q P P �ea# t- Due DMtr Line-4ch Item 1-1. Siurry Seat Pmgrars, 1.0C LOT 864•,684:71 864,334.7' 06!20/2006 200512006 Phase t! Schedule Yotsl 664.684.71 2.1 Slurry Seal Program 1.00 LOT 88,456. l) 86,468.00 06/20/2006 Contingency Schedule Total 96,468.00 Per Contract 07506-14 dated June 6,2006 7118ase`.umish us with the Items listed above in accordance with the terms and conditions spacrfied on the t9ce and the reverse side o!this Purchase Order including speCB9Ca'.icns,changes,anti other attachments hereto, Total PO Amourt 951,152.;1; Auttib�Y d Sigmat tll ^ i . , . BIDDINC SCHEDULE CONTILkC`I O. 0-506-14 --.— - - -- UNIT OF EST.— UN7T fTFNh- �i0. 1-1 Ew4 DESCRIPTION WASURE TY. PRICE COST I __ _I Traffic Contro I&Safety--— L ,*�— - I..5. ! S+3, Remove+ Raised (viarke-s & ? I Thermo Irstic Mar�ln� 'Smipin 11"Imr)Sum i L.S. sy�G G� L.S. i . Ltd; Get Rub�ed Etrzutsi:n ASg;'esa� _.--- ` - _ 429,917 Slurr��r?�,^sc (I$!�A tc' S.Y. S.Y. ' 7; /.OJ S.V. '6 r�� �.T-,&M, c Strip-Mg, Markings & T �"r r�yy 7 L� i 4. M:arkars Ljrry Sum L.S. S_•�;GUJ. L.S S.x�G<•�: i Construct Asphait Concrete Skin ¢ -- -i 5. 1 Patch —__------ ---T� o,ltG 5.�'^ S.Y. �S /ref%Ott S.Y S G TOTAL BID PRICE (SCHLOULE BID PRICE)-.$ C --1-��•��—.—.-----------.-- (D0LL4.R.A,NIOL',-r IN WRITTEN FOR'l%I)_�_� RVPUD'1C��y',3ra4 G8•51'�T' ILOTAL T2'04; 100 Greenbook 2003 203-8 ASPHALT PAINT. Shall conform to ASTM D 41 or D 43 and be furnished and applied to concrete surfaces as required and shown on the Plans. dit 203-9 SEALCOAT -ASPHALT BASED. cei 203-9.1 General. This specification applies to sealcoat intended to be used for sealing miscellaneous areas such as asphalt parking lots, playgrounds, and similar areas. Sealcoat material de' shall be a plant blended product composed of mineral aggregates uniformly distributed in a petroleum- based asphalt emulsion. The asphalt emulsion shall conform to 203-3. The sealcoat material shall tht contain non-asbestos fibers. ini 203-9.2 Testing Requirements. Sealcoat materials, undiluted except as noted, shall conform to the following requirements: Er. ini TABLE 203-9.2 (A) Test Specifications by Weight grams per liter(lbs.per gallon) 1139(9.5) Min. Nonvolatile component (%)' 60%Min. by weight Mineral aggregate component 850 Nm(No.20) sieve-100%passing Working viscosity, diluted 4 parts product to 1 part water-ASTM D 562 75 KREBS Min. co Dried film color Black Asphalt content 25%-35%of nonvolatiles by weight re, 1. Weigh 10 grams of homogeneous product into a previously tarred,small ointment can lid. Place in a constant temperature oven at 163°C(325°F)for 1-1/2 hours.Cool,reweigh,and calculate nonvolatile components. 203-10 LATEX MODIFIED ASPHALT CONCRETE. re 203-10.1 General. Latex modified asphalt concrete shall be the product of mixing latex, asphalt cement, and aggregate. Latex modified asphalt shall conform to 203-6 and the following requirements. 203-10.2 Materials. in 203-10.2.1 Asphalt. Asphalt binder to be mixed with the latex and aggregate shall be paving cc asphalt, Viscosity Grade AR-4000 conforming to 203-1, unless otherwise directed by the Engineer. th 203-10.2.2 Latex. Latex shall be a water-based emulsified suspension of styrene butadiene rubber El (SBR) in liquid form. The ratio of styrene butadiene shall be 70 to 30. The rubber solids shall be 70± 5 C percent of the emulsified material unless otherwise directed by the Engineer. At the time of delivery of each shipment of latex emulsion, the vendor supplying the material shall 2( deliver to the purchaser a certification document which includes, but is not limited to, the following information: h, Actual percent of rubber solids Ratio of styrene to butadiene Temperature range or limits for product use Unit weight of the emulsion Recommended storage conditions I203-10.2.3 Aggregates. Aggregates shall conform to 203-6.3.2. 203-10.2.4 Composition and Grading. The mix class shall be C2 unless otherwise directed by the Engineer. Where Alternate Rock Products-Type S, Section 400, are specified, the class shall be Type III-C3-AR4000 unless otherwise directed by the Engineer. Greenbook 2003 101 to The amount of latex to be added shall provide 2 percent dry rubber solids, unless otherwise directed by the Engineer. The percentage of dry rubber solids shall be based on the weight of asphalt cement. ing The exact proportions of aggregate and the amount asphalt binder for the mixture shall be •ial determined by Contractor so as to incorporate the specified amount of latex. m- If the mix design and/or its individual components have no previous record of use by the Agency, tall the Contractor shall submit a mix design with supporting test data at least 10 working days prior to initial use. to 203-10.3 Proportioning. Latex may be added to the mixture by any method approved by the Engineer that will assure uniform distribution and accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. The latex emulsion temperature at the time it is introduced to the mixture shall be as recommended by the manufacturer. 203-10.4 Mixing. The wet-mixing cycle for batch plant production shall be 50 seconds minimum. Production rates of continuous mix plants shall be carefully regulated by the Contractor to ensure complete and uniform mixing. 203-10.5 Storage. Latex emulsion shall be stored in a closed bottom-draw vessel and agitated as recommended by the manufacturer's certificate of compliance. at A latex sampling outlet shall be provided in conformance to the requirements of 203-6.9. I 203-10.6 Placement. Latex modified asphalt concrete placement shall conform to the requirements of 302-5 with the exception that pneumatic-tired rollers shall not be used. alt 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS. Its. 203-11.1 General. Asphalt Rubber Hot Mix shall consist of a mixture of paving asphalt, asphalt modifier, crumb rubber modifier (CRM), and aggregate mixed in a central mixing plant, all conforming to these specifications. ng 203-11.2 Materials. The Contractor shall submit test reports and Certificates of Compliance for the paving asphalt, asphalt modifier, and CRM to be used. In addition, when requested by the )er Engineer, the Contractor shall submit samples of the tested material along with the Certificate of L 5 Compliance. 203-11.2.1 Paving Asphalt. The asphalt used for asphalt-rubber shall be AR 4000 conforming to all 203-1 and shall be modified with an asphalt modifier. ng 203-11.2.2 Asphalt Modifier. The asphalt modifier will be a resinous, high flash point, aromatic hydrocarbon compound and shall conform to the requirements in Table 203-11.2.2(A). TABLE 203-11.2.2 (A) REQUIREMENTS FOR ASPHALT MODIFIER Property ASTM Test Method Value Flash Point, C.L.O.C.,°C (°F) D 92 207 (405) min Viscosity, cSt @ 100°C (212°F) D 445 X±3* Molecular Analysis by Asphaltenes, percent by mass D 2007 0.1 max be Aromatics, percent by mass D 2007 55 min *The symbol "X" is the viscosity of the asphalt modifier the Contractor proposes to furnish. The value "X" which the Contractor proposes shall be between the limits of 19 and 36 and shall be submitted in writing to the Engineer. Any proposed change requested by the Contractor in the value"X"shall require a new asphalt-rubber binder design. PUBLIC SERVICES STREET DIVISION PROPOSED SLURRY SEAL LIST 2006/07 TOTALS WARD LOCATION SQ.FT. 154,360 1 Arrowhead Ave. from Rialto Ave. to Rail Road Tracks 24,360 1 Hilda Court from Arrowhead Ave. to Pershing Ave. 10,000 1 Redick Ave. from Arrowhead Ave. to Pershing Ave. 10,000 1 Metro-Link Station Parking Lot 110,000 295,200 2 Canyon Rd. from Baseline St. to Gilbert St. 74,000 2 Oakhurst from Windsor Dr. to Windsor Dr. 73,200 2 Roxbury Drive from Windsor Dr. to Windsor Dr. 74,000 2 Cedar Street from Baseline Street to Gilbert Street 74,000 266,490 3 Mill Street from I-215 to Mount Vernon Ave. 266,490 221,900 4 North David Way from 40t Street to Mariposa Drive 122,400 4 Quail Canyon Road from Bonita Vista to Quail Hollow Road 87,500 4 Quail Hollow Road from Quail Court to Quail Canyon Road 7,200 4 Quail Court from Dead End to Dead End 4,800 312,265 5 Belmont Ave. from Little League to Magnolia Ave. 30,000 5 Miramonte Dr. from Marshall Blvd. to Vista Avenue 35,700 5 Grande Vista Ave from Marshall Blvd. to Miramonte Dr. 35,125 5 Ed emont Dr. from Vista Ave. to Miramonte Dr. 15,840 5 Meyers from Little League to end 31,050 5 Shandin Hills Circle from Kendall Dr. to Shandin Hills Dr. 78,750 5 Shandin Hills Drive from Shandin Hills Circle to Kendall Dr 85,800 226,900 6 Mallory St. from Pennsylvania Ave. to 28t St. 33,840 6 Tracy Ave. from 28` St. to end 5,320 6 Glenview from 30" Street to 28 Street 42,120 6 30` Street from Dune Avenue to 28` Street 31,320 6 Dune Avenue from 30t Street to N. Colima Avenue 9,000 6 281 Street from California to 30 Street 79,200 6 Pennsylvania Avenue from 28 Street to Mallory Street 26,100 232,514 7 33'0 Street from LeRoy to Wall 7980 7 Edgehill from Waterman to Dead End 7900 7 Wall from Marshall to 34t 27,500 7 33r Street from LeRoy to Belle 13,600 7 Ed ehill from LeRoy to Dead End 10,600 7 Ed emont Drive from LeRoy to Belle 13,600 7 Belle Street from Ed emont to Dead End 21,834 7 Ardmore Street from LeRoy to Belle 14,100 7 Bernard Way from LeRoy to Belle 14,400 7 Wall From Parkdale to 34tn Street 60,000 7 Belle Street from Ardmore to Bernard Way 21,000 7 Belle Street from 30" Street to Horine Park 20,000 1,709,629 Total No.21 2/20/07 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCAHSE ORDER IN THE AMOUNT OF $320,000.00 BETWEEN THE CITY OF 4 SAN BERNARDINO AND AMERICAN ASPHALT SOUTH, INC. PURSUANT TO 3.04.010 B.3 FOR COMPLETION OF THE FISCAL YEAR 2006-2007 SLURRY SEAL 5 PROGRAM AND EXEMPTING SUCH PURCHASE FROM THE FORMAL CONTRACT PROCEDURES OF SECTION 3.04.010 OF THE MUNICIPAL CODE 6 PURSUANT TO SETION 3.04.010, SUBDIVISION B.2. OF SAID CODE. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to 10 execute on behalf of said City an Agreement between the City of San Bernardino and 11 American Asphalt South Inc., a copy of which is attached hereto, marked Exhibit "A" 12 and incorporated herein by reference as fully as though set forth at length. 13 14 SECTION 2. This purchase is exempt from the formal contract procedures of 15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B.3. of said 16 Code. 17 SECTION 3. That American Asphalt South, Inc. has offered a piggyback 18 purchase price on the City of Ontario's bid of $320,000.00. Pursuant to this 19 determination the Purchasing Manager is hereby authorized to issue a purchase order 20 21 to American Asphalt South, Inc. in the amount of $320,000.00. 22 SECTION 4. The Agreement shall reference this Resolution No. 2007 23 and shall read, American Asphalt South, Inc. for completion of the slurry seal program 24 for fiscal year 2006-2007 throughout the City of San Bernardino. Agreement not to 25 exceed $320,000.00" and shall incorporate the terms and conditions of the agreement. 26 27 28 February 15, 2007 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCAHSE ORDER IN THE AMOUNT OF $320,000.00 BETWEEN THE CITY OF 3 SAN BERNARDINO AND AMERICAN ASPHALT SOUTH, INC. PURSUANT TO 3.04.010 B.3 FOR COMPLETION OF THE FISCAL YEAR 2006-2007 SLURRY SEAL 4 PROGRAM AND EXEMPTING SUCH PURCHASE FROM THE FORMAL CONTRACT PROCEDURES OF SECTION 3.04.010 OF THE MUNICIPAL CODE 5 PURSUANT TO SETION 3.04.010 SUBDIVISION B.2. OF SAID CODE. 6 SECTION 5. The authorization to execute the above referenced Purchase 7 Order is rescinded if not issued within sixty (60) days of the passage of this resolution. 8 9 10 11 12 13 14 15 16 111 17 18 19 20 /// 21 22 23 24 25 26 27 28 February 15, 2007 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCAHSE ORDER IN THE AMOUNT OF $320,000.00 BETWEEN THE CITY OF 3 SAN BERNARDINO AND AMERICAN ASPHALT SOUTH, INC. PURSUANT TO 3.04.010 B.3 FOR COMPLETION OF THE FISCAL YEAR 2006-2007 SLURRY SEAL 4 PROGRAM AND EXEMPTING SUCH PURCHASE FROM THE FORMAL CONTRACT PROCEDURES OF SECTION 3.04.010 OF THE MUNICIPAL CODE 5 PURSUANT TO SETION 3.04.010 SUBDIVISION B.2. OF SAID CODE. 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Mayor and Common Council of the City of San Bernardino at a 8 meeting thereof, held on the day of 2007, by the 9 10 following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 ESTRADA _ 13 BAXTER 14 BRINKER 15 DERRY 16 KELLEY 17 18 JOHNSON 19 MCCAMMACK 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 , 2007. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Ap roved as to Form: 27 mes F. Penman, City Attorney 28 February 15, 2007 Exhibit "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 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 contract for the completion of the Fiscal Year 2006-2007 slurry seal program; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for the completion of the Fiscal Year 2006-2007 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 those products and services as previously set forth in Contract No. 0506- 14 by the City of Ontario for the completion of the Fiscal Year 2006-2007 slurry seal program, dated February 20, 2007, attached hereto and incorporated herein by this reference. 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$320,000.00 for the completion of the Fiscal Year 2006-2007 slurry seal program. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. 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 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 f Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 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. 8. 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 license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. r 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 "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: American Asphalt South, Inc. 14436 Santa Ana Ave. Fontana, CA 92337 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 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. 7// IN WITNESS THEREOF. the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2007 VENDOR. By: Its: Dated , 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: James F. Penman, City Attorney VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 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 contract for the completion of the Fiscal Year 2006-2007 slurry seal program; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for the completion of the Fiscal Year 2006-2007 slurry seal program. NOW, THEREFORE, the parties hereto agree as follows: L SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as previously set forth in Contract No. 0506- 14 by the City of Ontario for the completion of the Fiscal Year 2006-2007 slurry seal program, dated February 20, 2007, attached hereto and incorporated herein by this reference. 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$320,000.00 for the completion of the Fiscal Year 2006-2007 slurry seal program. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. 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 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 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. 8. 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 license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. QAny 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 Ave. Fontana, CA 92337 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 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. HI IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day ,✓ and date set forth below. i Dated: , 2007 VENDOR. By: Its: Dated 12007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: i By Ja F. Penman, City Attorney Petr©chem Manufacturing, Inc 505 N. Tustin Avenue, Suite 280 .Santa Ana, CA 92705 714 836-4343 FAX 714 836-1919 Contractors who bid and apply Flex Seal, Rubberized Emulsion Aggregate Slurry, per "GiENBCOK�St !i and S e tcations for Pubhe VVorKs Cot,structi.cn, Section 600-3 Advantage Sealing Systems pavement Coatings, Co. Rion'Williams, ?resdent Marsha Cool:d;ge; President 14368 Santa Ana Ave. P.O.Sox 1491 Fontana, CA 9233;' Cypress, CA 90630 909 823.1811 FAX 909 823-1997 714 825-3011 FAX 71c 826-3129 Gel!.#X151 463-3079 All-American Asphalt G. Strut Asphalt, Inc. Steve Pierce, Slurry Division Manager Dan'Nernple> 400 E.6th. Steee; 358 Trousdaie Orive Corona, CA 92878 Chula Vista, CA 91910 OffiCe 951 7"6-7625 FAX 951 371-5376 619 420-1854 FAX 619 420-1859 American Asphalt South, Inc. Sutdhakar Company, Inc. Lyle Stcne,Area Manager Steve Fieener Vice President 14436 Santee Ara Ave. 14:50 Fitzgerald Ave. Fontana, .A 92337 Rialto, CA 9237E 909 427-8276 FAX 909 427-8279 909 879-2933 FAX 909 879-2939 Band Blacktop. Inc„ Ed Dillon, President FntarAd into Record at 2/2 0 �A 7 P.O.Box 616 %vevros nc Mt Union Cit/, CA 94587 g A 510441-9981 FAX 610 44;-9982 la Item City ClerkICDC Secy City of San Bernardino CITY OF SAN BERNARDINO SLURRY SEAL COSTS CITY COST LENGTH City of San Bernardino $1.63 cubic yard Solano Beach $1.89 cubic yard Corona $1.98 cubic yard Mission Viejo $1.98 cubic yard Palm Desert $2.03 cubic yard El Segundo $2.16 cubic yard