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HomeMy WebLinkAboutAmerican Asphalt South Inc; 2014-06-16; PWM14-51TRANPWM14-51TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FARMER'S PARKING LOT SLURRY SEAL CONTRACT NO. 60521 This agreement is made on the _ day of yJur\^ 2014, bythe City of Carisbad, Califomia, a municipal corporation, (hereinafter called "City"), and American Asphalt South, Inc. whose principal place of business is 14436 Santa Ana Avenue, Fontana, CA 92337 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall make AC pavement repairs and slurry seal entire Fanner's Building parking lot at El Camino Real and Faraday Ave as described by these Contract Documents and the Specifications and Supplemental Provisions ofthe 2013 Slurry Seal Project #6001-13SS (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 Specifications of the 2013 Slurry Seal Project #6001-13SS, the General Provisions, addendum(s) to said Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Specifications, ail of which are incorporated herein by this reference. When in conflict, this Contract will supersede temns 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 goveming 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: City Inspector or city designee. 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 concem. 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 ^Ise infonnation 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. FARMER'S PARKING LOT SLURRY SEAL Page 1 of 7 City Attorney Approved 2/7/13 CONTRACT NO. 60521 PWM14-51TRAN 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 gnsunds fbr 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 V\forkers' Compensation Insurance indicating coverage in a fomn approved by the California Insurance Commission. The certificates shall indicate coverage during the perkxl of the contract and must be fumished 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 Califomia 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 Carisbad 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 tlie performance of the Contract or work; or from any failure or alleged ^ilure 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 t)e caused, resulting directly or indirectiy from the nature of the wori< 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, arijitration, 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 Wori<: Contractor agrees to start within 10 worthing days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 15 woriting days after receipt of Notice to Proceed. FARMER'S PARKING LOT SLURRY SEAL Page 2 of 7 City Attorney Approved 2/7/13 CONTRACT NO. 60521 PWM14-51TRAN CONTRACTOR'S INFORMATION. AMERICAN ASPHALT SOUTH, INC. 14436 SANTA ANA AVENUE (name of Contractor) 784969 (street address) FONTANA. CA 92337 (Contractor's license number) CLASS A/9-30-14 (city/state/zip) 909 427 8276 (license class, and exp. date) (telephone no.) N/A (fax no.) lyles@americanasphaltsouth.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it 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: ~^ (print name/title) / CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant City Manager, Deputy City Manager or Department Director as authorized by the City Manager Kathryn B. Dodson EST: (sign here) (print name/title) BARBARA E City Cleri< If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two gnsups: Group A Chainnan, 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/^^^^^^^^^rney '^^A&sistant City Att6rney FARMER'S PARKING LOT SLURRY SEAL Page 3 of 7 CONTRACT NO. 60521 City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •4 i ••K state of California County of On I ss. Dale personally appeared _ before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public''f / Name(s) ol Signer(s) Name(s) ol Signer(s; ^ prove(j to me on the basis of satisfactory evicJence I i 1 I 1 i v. % i \ RICHARD ENTRIKIN i COMM. #2029943 s 1 W^SEI NOTARY PUBUC • CALIFORNIA S «\^^^/ SAN BERNARDINO COUNTY « 1 ^^^<y Comm. Expires July 13,2017f to be thie person(s) whose name(s) j«/are subscribed to the within instrument and acknowledged to me that tiefetne/they executed the same in iji^/befTtheir authorized capacity(ies), and that by J^ts/J^/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -^^^^^^ ^ Signature of Notary Public I I OPTIONAL Though the information below is not requireci by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Other Than Named Above: I Si: H •••^ i 1 i Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney-in-Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, © 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • wmw.nationalnolary.org Prod. No. 5907 Reorder; Call Toll-Free 1-800- 1 1^ PWM14-51TRAN EXHIBIT A LISTING OF SUBCONTFIACTORS 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 sut>-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 wori<, 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 2" AC mill and pave PAL Total % Subcontracted: FARMER'S PARKING LOT SLURRY SEAL Page 4 of 7 CONTRACT NO. 60521 City Attomey Appnsved 2/7/13 PWM14-51TRAN EXHIBIT B Make asphalt repairs and slurry seal the Farmer's Bldg paridng lot at El Camino Real and Faraday Ave in accordance 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 SF 5,500 2-inch depth AC mill and replace with AC ($3.47/SF) $19,085 2 LS 1 Type 1 slurry seal (2.5% latex) lump sum for whole lot $24,192 TOTAL* $43,277 ^Includes labor, equipment, transport, mobilization, prep work, taxes, fees, expenses, and all other costs. FARMER'S PARKING LOT SLURRY SEAL Page 5 of 7 CONTRACT NO. 60521 City Attomey Approved 2/7/13 EXHIBIT C LABOR AND MATERIALS BOND PWM14-51TRAN Bond No. 12111051 Premium: $303.00 WHEREAS, the City of Carisbad, State of Califomia, has administratively awarded to American Asphalt South, Inc. (hereinafter designated as the "Principal"), a Contract for: FARMER'S PARKING LOT SLURRY SEAL CONTRACT NO. 60521 in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office ofthe City Clerk ofthe City ofCarlsbad and all ofwhich are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, AMERICAN ASPHALT SOUTH, INC., as Principal, (hereinafter designated as the "Contractor"), and Ttie Guarantee Company of North America USA , as Surety, are held finnly bound unto the City ofCarlsbad in the sum of Forty Three Thousand Two Hundred Seventy Seven Dollars ($43,277), said sum being an amount equal to: One hundred percent (100%) ofthe total amount payable under the terms of the Contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees ofthe contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with Califomia Civil Code section 9554. This bond shall inure to the benefit of any ofthe persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms ofthe Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms ofthe contract or to the work or to the specifications. FARMER'S PARKING LOT SLURRY SEAL Page 6 of 7 City Attorney Approved 2/7/13 CONTRACT NO. 60521 PWM14-51TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this of Ji>*ff ,20/^ CONTRACTOR: American Asphalt South, Inc. .day Executed by SURETY this, of June Sth day _,20li. By; (name of Contractor) SUREPi': The Guarantee Company of North America USA (name of Surety) 1 Towne Square, Suite 1470 Southfield, Ml 48076 (sign here) (address of Surety) (866) 328-0567 (print name here) (title and organrlzation of si (telephone numbej:.flf Surety) signatory) By: Elizabeth Collodi (sign here) e'fiere (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (print name'nere) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREW, City Attorney FARMER'S PARKING LOT SLURRY SEAL Page 7 of 7 CONTRACT NO. 60521 City Attorney Approved 2/7/13 i I i i I i i M i i i state of California County of San &/'r Dii /Ji \ ss. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT % % i i i I 0. On. personally appeared before me, Name and Title ol Ofticer (e.g.. "Jane Doe, Notary Public"? / Name(s) of Signer(s) ' RICHARD ENTRIKIN COMM. #2029943 \ 1 ^^^7 NOTARY PUBUC • CALIFORNIA S i^^^^ SAN BERNARDINO COUNTY « I ^^^My Comm. Expires July 13,2017* ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfhre subscribed to the within instrument and acknowledged to me that beiSfehg/they executed the same in jji^ajefTtheir authorized capacity(ies), and that by jHS/^t^/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ^ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ol this lorm to another document. Description of Attached Document Title or Type of Document: — Document Date: . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Title(s); • Partner — • Limited • General • Attorney-in-Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top ol thumb here i t> 1999 National Nolary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • WAW.nationalnolary.org Signer Is Representing:, Prod. No. 5907 1 I 1 i i I i I 1 i 5^ 1 f i i Reorder; Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On June 5, 2014 before me, A. Abney, Notary Public (Here insert name and title of the officer) personally appeared Elizabeth Collodi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/me subscribed to the within instrument and acknowledged to me that fee/she/they executed the same in his/her:i^their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. , ATABNEY » fficiai seal. (Notary Seal) A. ABNEY COMM. <f> 2016131 ^ NOTARY PUBUC ' CAUFORNIA ffi COUNTY OF BUTTE W ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Materials Bond (Title or description of attached document) American Asphalt South, Inc. (Title or description of attached docuinent continued) 2 Document Date 06/05/14 Number of Pages. The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) II] Attomey-in-Fact n Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknotvledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i. e. certijying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required ' State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is/ar»-) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. *.- Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •.- Indicate title or type of attached document, number of pages and date. *.- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com # THE The Guarantee Company of North America USA GUARANTEE'^ Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under ttie laws of ttie State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beany, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Patricia M. Simas IntenAfist Insurance Sen/ices, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other vwitings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or othenwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection vwth obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Powrer of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of Febmary, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice Ptesident, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally knovm, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oaldand /7 ' yi. My Commission Expires February 27, 2018 Cof AJOLC^ • Acf/ng in OaWand County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th dayof June ,2014 Randall Musselman, Secretary