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HomeMy WebLinkAboutAmerican Asphalt South Inc; 2014-06-16; PWM14-49TRANPWM14-49TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LAS PALMAS FACILITY SLURRY SEAL PROJECT Tills agreement is made on the //^ "^^dav of ////J^ 2014, by the City of Cadsbad, California, a municipal corporation, (hereinaftei>^ired'"City"), and American Asphalt South, Inc. whose principal place of business is 14436 Santa ^fia^enue, Fontana, CA 92337 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: John Maashoff (City Project Manager). PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Las Palmas Facility Slurry Seal Page 1 of 5 City Attorney Approved 2/7/13 PWM14-49TRAN Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: . , ^ ^ ._ Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 15 working days after receipt of Notice to Proceed. Las Palmas Facility Slurry Seal Page 2 of 5 City Attorney Approved 2/7/13 PWM14-49TRAN CONTRACTOR'S INFORMATION. American Asphalt South, CA 14436 Santa Ana Avenue (name of Contractor) 784969 (street address) Fontana. CA 92337 (Contractor's license number) Class A/exp. 9/30/2014 (city/state/zip) 909 427 8276 (license class, and exp. date) (telephone no.) N/A (fax no.) lvles@americanasphaltsouth.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in f on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR AMERICAN ASPHALT SOUTH, INC., a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (print namrf/title) (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. Ifa corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, Cjjy iO^ttorney BY: Assistant City Las Palmas Facility Slurry Seal Page 3 of 5 City Attomey Approved 2/7/13 PWM14-49TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Striping Lukkes Striping 1312 E Warner. Santa Ana. CA 92075 C-32 Lie #922425 Exp 02/14/2015 21.1% * - Total % Subcontracted: 21.1% Las Palmas Facility Slurry Seal Page 4 of 5 City Attorney Approved 2/7/13 PWM14-49TRAN EXHIBIT B Slurry seal and stripe the Las Palmas Facility parking lot in accordance with the contractors quote dated May 13, 2014. All work shall conform with the 2012 Greenbook Specifications and the 2013 Slurry Seal Contract (Project No. 6001-1 SSS) provisions and specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 ELT 25 Type 1 slurry seal (25 ELT's @ $224.00/ELT) $5,501.44 2 LS 1 Striping of parking stalls after slurry to match original striping. $1,475.00 TOTAL* 6,976.44 "Includes taxes, fee's, expenses and all other costs. Las Palmas Facility Slurry Seal Page 5 of 5 City Attorney Approved 2/7/13 American Asphalt South, Inc. Exhibit "B* Date: 13-May-14 To: City of Carlsbad Address: 1635 Faraday Ave Carlsbad, CA 92008 Attn: Attn: Tim Loveridge Phone: 619463-8464 From: TIM GRIFFIN Pages: 1 Subject: 2013 Slurry Seal Project No. 6001-13SS Extra Slurry and striping at Parking iot off Las Palmas Dr American Asphalt South, Inc. will provide all equipment, labor, material and tools to perform the following work on the above referenced project. ITEM# DESCRIPTION 8 Type 1 Slurry Seal CCO Striping UNrr ELT LS QUANTITY UNIT 25 1 TOTALfS) $224.0000 $1,475.0000 $5,501.44 $1,475.00 The following inclusions and exclusions apply. INCLUSIONS: 1 MOVE-IN TRAFFIC CONTROL FOR OUR WORK restriping per existing TOTAL= $6,976.44 EXCLUSIONS: PAVEMENT REPAIRS, STRIPE/MARKER -REMOVAL, REPLACEMENT. PROTECTION. OR REFERENCING, TEMPORARY STRIPING/MARKING OTHER THAN STATED ABOVE ANY OTHER ITEMS NOT SPECIFICALLY STATED. NOTE: if striping changes there will be additional charges per provided plans SUBMITTED BY: DATE: GRIFFIN ACCEPTED BY: DATE: www.americanasphaltsouth.com Uc. # 784969 MAILING ADDRESS: P.O. BOX 310036 • FONTAIW, CA 92331 • PHYSICAL ADDRESS: 14436 SANTA ANA AVE. • FONTANA, CA 92337 • (909) 427-8276 • FAX (909) 427-8279 Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 784969 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. •# Per B&P 7071.17 . only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 784969 Extract Date 5/22/2014 AMERICAN ASPHALT SOUTH INC Business Phone Number: (909) 427-8276 ^> PO BOX 310036 FONTANA, CA 92331 Corporation 09/25/2000 09/30/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS A DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with THE GUARANTEE COMPANY OF NORTH AMERICA USA. Bond Number: 12090715 Bond Amount: $12,500 Effective Date: 09/30/2012 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL 1. https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 5/22/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 The Responsible Managing Officer (RMO) HENDERSON ALLAN ANTHONY certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 09/18/2003 BQI's Bond Historv WORKERS' COMPENSATION This license has workers compensation insurance with ARCH INSURANCE COMPANY Workers' Compensation P°"cy Number: ZAWCI9316500 Effective Date: 04/01/2014 Expire Date: 04/01/2015 Workers' Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses. 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