HomeMy WebLinkAbout2013-018 American Asphalt Microsurfacing Contract CITY OF ATASCADERO
191a Z. p 1818 D
CONTRACT FOR
AMERICAN ASPHALT SOUTH, INC.
for
2013 MICROSURFACING PROJECT
City of Atascadero
American Asphalt South, Inc.
B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than December 31, 2013, unless extended by the mutual
agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager of the City or designee
(hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be
compensated for any additional services in the amounts and in the manner as agreed to by
City and Contractor at the time City's express written authorization signed by the City Manager
is given to Contractor for the performance of said services.
rev 5/1/OG
7931 19.3
City of Atascadero ,,
American Asphalt South, Inc. �...�--...'`Y
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
S. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Contractor will be allowed to retain copies of all deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 5/1/06 4
792119-3
City of Atascadero
American Asphalt South, Inc.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. In the event it is determined that the Contractor is required
to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors.
rev 5/1/06 6
792119.3
City of Atascadero
American Asphalt South, Inc. � %.. .
17. INSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
rev 5/1/06 8
792119.3
City of Atascadero
American Asphalt South, Inc.
J. NOTICES. Ail invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Public Works Director
6907 EI Camino Real
Atascadero, CA 93422
Contractor: American Asphalt South, Inc.
P.O. Box 310036
Fontana, CA 92331
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent that they have the authority to execute this Contract on
behalf of their Company and further warrant and represent that they have the authority to bind
Contractor to the performance of its obligations hereunder.
Effective this 26th day of June 2013 by the parties as follows,
Approved as to form: American Asphalt South, Inc.
By:
Counsel for contractor LyW8tone, Secretary
Approved as to form: CITY OF ATASCADERO
By: a� z
Brian Pierik, City Attorney Rachelle Rickar , ity Manager
rev 5/1/06 10
792119.3
City of Atascadero
American Asphalt South, Inc. , °
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE RE QUIRE,ME,NTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours
of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of
$25.00 for each worker employed in the execution of this Contract by Contractor or any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of
the provisions of Labor Code section 1810. (Labor Code § 1813.)
Copies of the detennination of the Director of the Department of Industrial Relations of the
prevailing rate of per diem wages for each craft, classification or type of worker needed to
execute this contract will be on file in, and available at, the office of the Director at 6907 El
Camino Real, Atascadero, CA. Wage determinations are also available online at
www.dir.ca.izov/DLSR/PWD/SOLlthern.html.
Contractor shall post at the work site, or if there is no regular work site then at its principal
office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than tine specified
prevailing rate of per diem wages to all workers employed in the execution of the contract.
(Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776
relative to the retention and inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under Section 1775,
Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the
execution of tine Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance
with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that
contractors and subcontractors must submit contract award information to tine applicable joint
apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of
not less than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted Linder § l 777.5), must contribute to the find or funds
in each craft or trade or a like amount to the California Apprenticeship Council, and that
contractors and subcontractors must not discriminate among otherwise qualified employees as
apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color.
Only apprentices defined in Labor Code sections 3077, who are in training tinder apprenticeship
standards and who have written apprentice contracts, may be employed on public works in
apprenticeable occupations.
CONTRACTOR
LY e Stone, Secretary
rev 5/1/06 12
792119.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 415,323.61
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a fixed fee basis not to exceed the total contractual
amount of the base bids and all alternates which total $415,323.61. This fee includes all
work including but not limited to microsurfacing San Luis Avenue, Apple Valley, and a
portion of EI Camino Real, including removal of striping, protection of facilities, road
repair, microsurfacing, striping, and signage. Any additional services authorized by the
City of Atascadero, not included in the scope of services as defined by this contract,
must be approved in the form of a City of Atascadero Change Order prior to performing
additional work. All additional work authorized by a City of Atascadero Change Order
will be compensated at the same unit cost for the defined services as determined on the
bidder's original bid sheet. Payment will be made within 30 days after receipt and
approval of invoice.
Payments to the contractor in excess of the contract amount of $415,323.61 will not be
made unless written authorization is executed prior to the date of the additional
requested work. Any charges incurred outside of these contract terms will not be
authorized for payment.
Due to different funding sources for each segment of this project, the Contractor shall
submit separate invoices for each portion of the project; San Luis Avenue, Apple Valley,
and El Camino Real as reflected by the bid sheets. The EI Camino Real segment is
funded with State of California Proposition 1 B Funds and is subject to labor compliance
by the State of California Department of Industrial Relations Compliance Monitoring
Unit.
No invoice will be approved without receipt and approval of certified payroll records.
Final Payment
A 5% retention will be held for thirty-five days after the Notice of Completion is filed with
the County of San Luis Obispo. The retention will be released upon the City of
Atascadero's final approval and the satisfactory completion of the project. Contractor
agrees that the payment of the final amount due under the Contract is contingent upon
Contractor furnishing a release of all claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release.
658615.1
DRAFT 06/4/014:33 PM g-1
CITY OF ATASCADERO
EL CAMINO REAL MICROSURFACING PROJECT
ADDITIVE BID ITEM A
BID SHEET
ItemPAYM ENT UNIT TOTAL
No. BID ITEM & DESCRIPTION QUANTITY UNIT REFERENCE PRICE PRICE
Civil
11 Traffic Control _T 1 LS 10.02-1'I e,,'
2 SWWPP 1 LS 10.03-08 _ �!`� VP $
3 Microsurface 13,100 S 10.04-14 ,5,4 7 $ 7,2; 1
Existing Striping Retr�oval, Lanes,
4 Edge,and Two-V`13y Turning i LS 10.0'1A1
Lane ! _
5 Ddsting Striping Removal,Arrow: 14 - EA 10-01-11 ct� pt;
Turnin2and Straight � -
6 Striping, 1" Double Yellow Line, J 309 LF 10.05-13 $ ct $
_ Thermo
7 Striping, 4" Edge Line, Thermo 2,633 LF 10,05-13
�8 Striping, Bike Lane Legend and b EA 10.05-13
Arrow,Thermo Zoo, S 3t"C'.ze�
9 Striping, Crosswalk, 12",'!White 389 LF 10.05-13 $ /�1� 6�
Thermo
'10 Not Used _ _ — `1'� J _ 5 _
11 Striping,Turn Arrow,Thermo 22 EA 10.05-13 J-�� $
12 Nat Used _ r�� �r ___._�
'13 Striping, Dashed Bike LANE, 210 LF 10.05-13
Thermo
1415 Striping, Bike LANE,Thermo 2,653 LF 10.05-13 }{ $
Striping, Yellow Two-Way Left 2,41 1 qF '10.05-13
Turn Lanes,Thermo 16 Strlping, Dashed While Lane.Line 2,812 -10.05-13 tT S /5'y 1,6
Striping, 8"Canalizing Line, 130 LF 10.05-13 !G7 $
1 Thenro �• ✓� �'�'
18 Blue Reflective Pavement 4 I EA 10.05-13 $
Markers cr H Brant
19 [Vol1Used
20 Remote Existing Crosswalks 1 _ LS � %L b.a0 � l Daw–) .iM
21 Remove Pavement Nlarkers 315 EA !d S ,yo
22 Bike Lane Signs R81 3 EA 'CO,
23 1Vet Usad
TOTAL
LS= Lump Sum SF=Square Feet EA= Each LF=Linear Feet TN =Ton SY=Square Yard
'NOTE.In case of error in extension of price into the total price column, the unit price will govern,
El Gamma Peal Additive Bid Item A in Numbers; 5-
El Canino heal Additive Bid lletn A in Words; j� Au;e�•r. ?i��
659615.1
DRAFT 06/4/014:33 PNI B-3
CITY OF ATASCADERO
APPLE VALLEY MICROSURPACING PROJECT
BID SHEET
fTE PAYMENT APPROX. TOTAL
ITEM DESCRIPTION UNIT UNIT PRICE
;Tfafric
REFERENCE QTY, ITEM PRICE
t control10.02.11 1 Is ,dL y� •m
t; 2 Clear and Grub 10.13.02 1 Is cd, ;t1j p
3 Microsurfacing 10.14-1.1 130c00 sr � Lw-pv
A Striping Stop Dar,Extruded Thermoplastic 10.05-13 7 ea 0.
5 Arjnws.Extruded Therrnaplasllc 10.055-13 1 ea —�,3'� -1 U
t; lCross Walk Striping,Extruded Thennoptaslic 13.05.13 1 ea -
II i lReppir Depressions Pw Exhibit'B" 10.11.04 c�54
8 JFWPMF Spatted Gutter Hale Per Exhi;il A i Do 12-04 1 1 is
9 lnsta-I 1-ligh Intensity Prismailc(1-111")Reflective Slop Skin IT 10.07.02 75;141
,` �Jf3 1
TOTAL BASE BID PRICE:S 7�
! APPLE VALLEY ADD ALTERNATE
A ir9icrosuriacing (Cnnajo Rd Trac Bnundary to Ramona Rd) 10.01-1.1 11 o00
l
ADD ALTERNATE HIED PRICE 5 ��� >70, 6X>
The project will be awarded based on the lowest combined prices, from a single
contractor, for Base Bids.
Bid Summary
EI Camino Rnal Base Bid
San Luis Avenue Base Bid S /Z Z „y,U
Apple valley Base Bid 57 prj
TOTAL �G f7 3•�E
LS=Lump Sum SF=Square Feet SY = Square Yard ea= Each LF=Linear Feet
'NOTE:In case of a„or in extension of price into the total price column,the unit price will govern.
The Contractor shall comply with the requirements of Division 5, Part I,of the State Labor Code, and
specifically with Sections 6705 and 6707 thereof. The Contractor shall submit for approval a de#ailed plan
showing the design of shoring, bracing, sloping,or other provisions to be made for worker protection for
all areas(o be excavated to a depth of five feet or more. If Elle plan varies from the shoring system
standards,the plan shall be prepared by a registered civil or structural engineer.
658615.1
aRnr•r 06/4/014:33 r'ivt B-5
(3) (4)
Name Name
Address Address
City, State, Zip City, Slate, Zip
Phone Number Phone Number
Email address email address
License Plumber and Classifications License Number and Classifications
Item No Percent of Iters Dollar Amount Item No Percent of item Dollar Amount
Description of Above Item Description of Above Item
f }
Item No Percent of Item Dollar Ariount Item No Percent of Item Dollar Amount
Description of Above Item Description of Above Item
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
Description of Ai ove Item Description of Above Item
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
Description of Above Item Description of Above Item
CAUTION!
FAILURE TO FILL OUT THIS FORM COMPLETELY, ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
21
655615.1
DRAFT 06/4/014:33 PM B`7
e
i
EXHIBIT C
Items Provided by City
None.
658615.1
DRAFT 06/4/014:33 PM C-1
EXHIBIT E
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder and the results of that wort: by the Contractor, his agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any
auto)
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance(for lessees with employees).
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability 51,000,000 per accident for bodily injury and property damage.
3. Employer's Liability 51,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
658615.1
DRAFT 06/4/014:33 PM E-1
uft PURCHASE ORDER
191319 19' _ PURCHASE
IOUNOFa ,� - ueoxraaay ORDER NO.
1913 g ; 1979
DATE
(� - r 3
�, ,��
VENDOR NAME/ADDRESS SEND ALL INVOICES TO:
-�Wen��`1s��nc -,��" City of Atascadero
' 6907 El Camino Real
C� �C' �J Atascadero, CA 93422
Attn:Accounts Payable
T-'��4nAana , C-A
CITY. UNIT DESCRIPTION PRICE ACCOUNT NO.
�J7,���: �~C �S. :59U.�ar[. Tji' ori•
15�r . Cl j
SHIP TO
Dept.
REdUESTED 13Y:
r,
Address r r"
1
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