CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City," and Petrochem Materials Innovation LLC (PMI), herein referred to as, "Contractor." WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services to supply and install Type II Rubberized Emulsion Aggregate Slurry (REAS) delivered from an approved Center Plant for the FY 2024-2025 REAS Project for the City of Cathedral City, including traffic control and striping, thermoplastic stop bars, legends and crosswalks in accordance with Attachments A thru H.
Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Sixty (60) calendar days from the date of Notification to Proceed.
5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed one million, four hundred forty-one thousand, nine-hundred one dollars and twenty-nine cents ($1,441,901.29). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).
Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.
Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.
Agreement 1300-1
Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.
Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.
12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of the City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.
In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it profal licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its The City, or its authorized auditors or representatives, shall have access to and the right to audit The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.
Agreement 1300-2
The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
The Parties agree that, in accordance with the City's Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement.
Any use of electronic signatures to execute this Agreement shall comply with the City's Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand.
Contractor acknowledges that it has had an opportunity to request and review the City's Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
Agreement 1300_3
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below "CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By Charles P. Maclendon, Cily Manager Dated:
ATTEST:
Dated:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Dated: _
Eric S. Vail, City Attorney
"CONTRACTOR"
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-4
ATTACHMENT A
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with th provisions of that code, and I will comply with such provisions before commencing the performance of Signature
Title
Date
Technical Specifications 4000-1
ATTACHMENT B
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the City of Cathedral City (City), its elected officials, officers, agents, employees, commission members and representatives, from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract.
The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract.
The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
The Contractor shall provide evidence of all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
2.2 Commercial General Liability Policy
The Contractor shall maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar ($4,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X, C, and U Coverage. c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
Technical Specifications 4000-2
The Contractor shall maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:
Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract.
Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.
Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."
"This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:
Technical Specifications 4000-3
Armando J. Garcia Baldizzone, P.E.
City Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the above stated location, identified in Section 2.5, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified here.
Technical Specifications 5-00g
ATTACHMENT C
PMI CERTIFICATE OF LIABILITY INSURANCE
Technical Specifications 4000-5
ATTACHMENT D
CATHEDRAL CITY COST ESTIMATE
Technical Specifications 4000-6
PETROCHEM MATERIALS INNOVATION, LLC
PMI MITECHNOLOGY.CON
60-603-096
City of Cathedral City
Summary of Estimate Charges
Central Mix REAS Type II
Vista Chino
Quote no:
Item 25-17-1 QTY U/M Unit Price Total
no.
2 Material Type II REAS 87,300 GAL $2.52 $219,996.00
9 "Freight (S.40 per GAL) 87,300 GAL $0.40 $34,920.00
10 Tanker Rental 33 LOAD $300.00 $9,900.00
12 Slurry Box 6 EA $350.00 $2,100.00
14 Applicator Trucks 48 HR $285.00 $13,680.00
15 Service Haul Trucks 30 EA $350.00| $10,500.00
16 Sweeping 40 HR $306,00* $12,240.00
19 Supervisor 8 DAY $2,000.00 $16,000.00
20 Sevice Labor Crew PP/HR 724 HR $120.00 $86,880.00
23 Trafic Control equipment 6 DAY $2,000.00 $12,000,00
24 Traffic Control Plan 5 EA $1,000.00
25 Traffic Control - Changeable Message Sign & Arrow Broads 34 EA $7,650.00 29 Per Diem =(per day / per person) 77 DAY $20,135.50
30 Door Hanger 200 EA $0.30 $60.00
31 Slurry Pump 6 EA $3,900.00
Striping - Chris Co 1 Ls $109,560.00
1 LS $46,200.00 $46,200.00
Subtotal: $606,721.50
Sales Tax" 8.75% $22,305.15
Total Estimated Charges (Included sales Tax) $629,026.65 Prices Includes: Type II Central Mix REAS, transportation of material, posting and notifying, traffic control including CMS and Arrow boards, Traffic Plans, sweeping, striping in like kind, crack sealing, equipment, and labor for application of approximately 742,074 SF. Over 6 days.
Locations): Vista Chino from w. City Limits to 585' east of Panorama Prices Excludes: Bonds, Asphalt repairs, weed kill.
The foregoing quotation is subject to all the Terms and conditions and pricing are in accordance with the County of Los Angeles Contract No. 244097-2 dated January 9, 2024.
Name:Vicki Nguyen Signature: _Date: _ 2/27/2025
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLO
PMI
City of Cathedral City
Summary of Estimate Charges
Central Mix REAS Type I|
E. Palm Canyon
Quote no:
Item 25-17-2 QTY U/M Unit Price Total
No
2 Material Type |I REAS 37,856 GAL 95,397.12
9 *Freight (S.40 per GAL) 37,856 GAL 15,142.40
10 Tanker Rental 14 EACH 4,200.00
12 Slurry Box 4 EACH $350.00 $ 1,400.00
14 Applicator Trucks 32 HR $285.00 $ 9,120.00
15 Service Haul Trucks 201 EACH $350.00 $ 7,000.00
16 Sweeping HR $306.00 $ 9,792.00
19 Supervisor 6 DAY $2,000.00 S 12,000.00
20|Sevice Labor Crew PP/HR 488 HR $120.00 $ 58,560.00
23 Traffic Control equipment $2,000.00 $ 8,000.00
24 Traffic Control Plans 1 DAY $200.00 $
DAY 1,200.00
25 Trafic Control Changeable Message Sign & Arrow B 26 DAY $225.00$ 5,850.00 29 Per Diem (per day / per person) 52 DAY $261.50| $ 13,598.00 30 Door Hanger 600 EACH $0.30 s 180.00
31 Slurry Pump $650.00 $ 2,600.00
Stiping - CS $53,020.00 $ 53,020.00
Crack-Seal - Chrisp Co $38,500.00 S 38,500.00
Subtotal: $ 335,559.52
Sales Tax* 8.75% $ 9,672.21
Total Estimated Charges (Included Sales Tax) $ 345,231.73 rices includes: Type I Central Mix REAS, transportation of material, posting and notifying, traffic control including CN nd Arrow boards, Traffic Plans, sweeping, striping in like kind, crack sealing, equipment, and labor for application c approximately 321,788 SF. Over 4 days.
Locations: East Palm Canyon from West City limits to Cathedral Canyon.
Excludes: Bonds, Asphalt repairs, weed kill.
The foregoing quotation is subject to all the Terms and conditions and pricing are in accordance with the County of Los Angeles Contract No. 244097-2 dated January 9, 2024.
Name: Vicki Nguyen _Signature:_ _Date: 2/27/2025
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLC
PMI PMITECO-BOLOGY. COM
City of Cathedral City
Summary of Estimate Charges
Central Mix REAS Type Il
Date Palm Dr
Quote no:
Item 25-17-3 QTY U/M Unit Price Total
no:
2 *Material Type II REAS GAL $ 2.52 $ 62,546.40
9 "Freight GAL $ 0.40 $ 9,928.00
10 Tanker Rental 9 LOAD $ 300.00 $ 2,700.00
12 Slurry Box 4 EA $ 350.00 $ 1,400.00
14 Applicator Trucks 32 HR $ 285.00 $ 9,120.00
15 Service Haul Trucks 20 EA $ 350.00 $ 7,000.00
16 Sweeping 24 HR $ 306.00 $ 7,344.00
19 Supervisor 6 DAY $ 2,000.00 $ 12,000.00
20 Sevice Labor Crew PP/HR HR 120.00 $ 54,720.00
23 Traffic Control equipment 4 DAY $ 2,000.00 $ 8,000.00 24 Traffic Control Plans EA $ 200.00 $ 400.00
25 Traffic Control - CMS & Arrow Boards 26 EA $ 225.00 $ 5,850.00 29 Per Diem (per day / per person) 47| DAY $ 261.50 $ 12,290.50 30 Door Hanger EA 0.30 $ 30.00
31 Slurry Pump 4 DAY 650.00 $ 2,600.00
GA CA GA CA 32,560.00
Striping -Chrisp Co LS 32,560.00 $
Crackseal -RW 1 LS 19,800.00 $ 19,800.00
Subtotal: $ 248,288.90
Sales Tax* 8.75% $ 6,341.51
Total Estimated Charges (Insluded Sales Tax) $ 254,630.41 Prices Includes: Type I Central Mix REAS, transportation of material, posting and notifying, traffic control including CMS and Arrow boards, Traffic Plans, sweeping, striping in like kind, crack sealing, equipment, and labor for application of approximately 210,964 SF. Over 4 days
Locations: Date Palm Drive from Palm Canyon Dr to Gerald Ford Drive Prices Excludes: Bonds, Asphalt repairs, weed kill.
The foregoing quotation is subject to all the Terms and conditions and pricing are in accordance with the County of Los Angeles Contract No. 244097-2 dated January 9, 2024
Name: Vicki Nguyen Signature:_ Date: 2/27/2025
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLO
PMI MITECHNOLOGY.CON
60-603-096
City of Cathedral City
Summary of Estimate Charges
Central Mix REAS Type II
Assessment District 86-5
Quote No:
Item 25-17-4 QTY U/M Unit Price Total
no:
2 *Material Type | REAS 26,604 GAL $ 2.52 67,042.08
9 "Freight ($40 per GAL) 26,604 GAL 0.40 $ 10,641.60
10 Tanker Rental 2 LOAD S 300.00 $ 2,700.00
12 Slurry Box 350.00 $ 700.00
14 Applicator Trucks 16 HR $ 285.00 $ 4,560.00
15 Service Haul Trucks 10 EA $ 350.00 $ 3,500.00
16 Sweeping 24 HR A CA 306.00 $ 7,344.00
19 Supervisor 4 DAY 2,000.00 $ 8,000.00
20 Sevice Labor Crew PP/HR 188 $ 120.00 $ 22,560.00
23 Traffic Control equipment 2 DAY $ 2,000.00 $ 4,000.00 29 Per Diem = (per day / per person) 25 DAY $ 261.50 $ 6,537.50 30 Door Hanger 400 EA $ 0.30 $ 120.00
31 Slurry Pump 2 DAY 650.00 $ 1,300.00
Striping - Chris Co LS $ 4,840.00 4,840.00
LS $ 16,500.00 $ 16,500.00
Asphalt Repair (AP) LS $ 45,870.00 $ 45,870.00
Subtotal: $ 206,215.18
45,603 SF Sales Tax: 8.75% $ 6,797.32
Total Estimated Charges (Inluded Sales Tax) $ 213,012.50 Prices Includes: Type I Central Mix REAS, transportation of material, posting and notifying, traffic control including CMS aplato bap cia 25 er, over gi ke kind, crack sean, spat ears, equipment, and abor or Location(s): Assessment District 86-5
Prices Excludes: Bonds, weed kill.
he foregoing quotation is subject to all the Terms and conditions and pricing are in accordance with the County of Los Angele ontract No. 244097-2 dated January 9, 202
Name:_ Vicki Nguyen Signature:_ _Date: 2/27/2025
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
ATTACHMENT E
PMI'S REPRESENTATIONS AND WARRANTIES
PMI hereby makes the following representations, warranties and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
PMI has the full right, power and authority to enter into this Agreement and to sell Central Mix and rent the Equipment to the City, and to take all actions required of MI by the terms of this Agreement.
All the documents executed by PMI pursuant to this Agreement will be duly authorized, executed and delivered by MI and will be legal, valid and binding obligations of MI enforceable against PMI in accordance with their respective terms, and will not violate any provisions of any agreement to which PMI is a party or to which it is subject.
PMI has manufactured the Central Mix and has centrally mixed the Central Mix in accordance with Sections 203-5.5 and 203-5.5.3, respectively, of the Greenbook.
PMI has good and marketable title to the Type II Central Mix, which is to be sold and transferred to the City free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind and nature whatsoever.
The Central Mix and Equipment are free from all defects and are of good quality and fit for the purposes and uses intended herein.
PMI possesses the ability to deliver approximately 176,580 gallons of Type II Central Mix daily to Cathedral City, California, during the term of this Agreement.
The Equipment has been maintained in substantial accordance with the specifications of the Equipment manufacturers, or has otherwise been maintained in a manner to enable PMI to complete the MI has inspected the Equipment and the Equipment is or will be in good and operable condition as of March 26, 2025, sufficient to enable PMI to complete the Project on a timely basis.
Technical Specifications 4000-7
PRODUCT AND DELIVERY WARRANTIES
a. PMI hereby warrants that the Type II Central Mix product (sometimes hereinafter, "Product") will not Fail (as defined hereinafter) for five (5) years from the date of application (hereinafter, "Useful Life"), provided all persons involved in the installation of the Product substantially follow the guidelines, instructions, recommendations and best practices published and/or provided by PMI. The City hereby grants PMI and its representatives, in consultation with the City's inspector, the right to inspect, observe, monitor, provide instructions and recommend corrective actions to the City and any person installing the Product on all applications of the Product, including, without limitation, compliance with the guidelines and best practices for the application of the Product. The granting of this right to MI and its representatives does not impose any additional duty on PMI or its representatives in addition to those duties outlined in this Agreement. b. Should the Product Fail, PMI shall, at its election, and within thirty (30) days after determination of Failure, either repair or pay for the material cost of the Product to repair those areas of the Product covered by this warranty that Fail during its Useful Life, as well as for labor and other incidental costs (hereinafter, "Labor and Incidental Costs"), including, but not limited to, any affected striping, markings, and reflective pavement markers; provided, however, that such Failure shall occur within one (1) year from the date of Product application. For any Failure that occurs thereafter but during the Useful Life, PMI shall only be responsible for the repair or payment for the material cost of the Product, which shall also occur within thirty (30) days after determination of Product Failure. For purposes of this Agreement, whether the Product has Failed must be evaluated using the Slurry Seal Survey Procedures set forth in Exhibit "D" ("SSSP"), attached hereto and incorporated herein by this reference. The term "Fail," "Fails," "Failure" or "Failed" shall mean that, prior to the expiration of the Useful Life, more than ten percent (10%) of the native asphalt for any street segment (as defined in Exhibit "D") becomes uncovered (i.e., no longer covered by the Product), and such uncovering does not arise out of conditions outside of MI's control, including, but not limited to, subgrade conditions, improper subbase and/or compaction, cracks, earthquakes, over watering, frequent sprinkler overspray, standing or ponding water, heavy truck or equipment traffic, corrosive or acid materials that may leak or spill on the Product, or a Force Majeure event, as defined below.
Provided PMI and the City mutually agree, either Steve Marvin, of LaBelle Marvin, or Steve Escobar, of Asphalt Pavement and Recycling Technology, shall make the exclusive determination of whether the Product "Failed" during its Useful Life and, if so, identify the areas and the square footage of Failure that "Failed." If MI elects not to perform the repair itself, then PMI shall pay one hundred percent (100%) of the Product material cost for the percentage of "Failed" square footage, and for any related Labor and Incidental Costs to the extent there may be any Labor and Incidental Costs during the first year of the Product's Useful Life. If Steve Marvin or Steve Escobar are unavailable to make the determination of whether the Product "Failed." an independent engineer approved by both the City and PMI with qualifications and experience as extensive as Steve Marvin's or Steve Escobar's shall be used. This warranty only applies to the Project that is the subject of this Agreement and no other location. If the evaluator concludes the Product Failed, PMI will bear the cost of the evaluation. If the evaluator concludes the Product did not Fail, the City will bear the cost of the evaluation.
This warranty shall be ineffective unless the City provides MI written notice of any problems, defects or perceived Failures of the Product within thirty (30) days of the City's discovery of the problem, defect or perceived Failure. MI shall be given the opportunity to inspect, investigate, test, repair and remediate any alleged problems, defects or failures in connection with the Product prior to any repair by the City, and, repair without notice shall void and waive this warranty. Inspection, investigation, testing, repair and remediation by PMI shall not operate as an admission of liability by PMI.
Subject to Sections 21b and 21f hereof, regardless of whether any remedy set forth herein fails of its essential purpose, in no event shall PMI be liable to City for any special, consequential, incidental, exemplary, punitive, indirect or similar damages, including loss of profits, Joss of use, or personal injury, in connection with any Failed Product, even if MI has been advised of the possibility of such damages.
Notwithstanding anything else to the contrary herein, in the event PMI should fail to deliver the entirety of any per diem amount of Type II Central Mix as required by the City in accordance with Section 2 of this Agreement, or, in the event of a delay due to any portion of the Type II Central Mix being deemed by the City to be unusable for the timely completion of the Project through sample testing or otherwise, PMI shall be responsible and shall immediately pay for any and all direct or indirect damages of whatever character, nature or kind, in connection therewith, in accordance with the method of calculation of damages from delays set forth in Section 25 of the General Provisions, which is expressly incorporated herein by this reference with the same force and effect as though set forth at length herein, and which provisions are part of the City's contract with Contractor for the Project; provided, however, that PMI shall not be held responsible for delays if such delays are as a result of any Act of God (hereinafter, "Force Majeure"), which includes fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. In the event of any delay, PMI shall immediately notify the City in writing of the delay and the estimated extent of the delay, and the cause of the delay. The term of this Agreement, including the Rental Term, may be extended by the City in the City's sole discretion in the event of a Force Majeure delay but in no event shall PMI be considered in breach of this Agreement or any warranty as a result of any such Force Majeure delay.
Technical Specifications 4000-9
ATTACHMENT F
PMI MASTER TERMS AND CONDITIONS
Technical Specifications 4000-10
PETROCHEM MATERIALS INNOVATION, LLC
(PMI
PMItECHNOLOgY.COM
760-603-0961
Master Terms and Conditions
The following terms and conditions constitute a binding agreement ("'Agreement") effective as of July 1, 2015 ("Effective Date") by and between Petrochem Materials Innovation, LLC, a California limited liability company ("Company") and the undersigned customer ("'Customer") and govern all goods sold and all Equipment (as defined hereinafter) rented, leased or provided by Company to Customer and shall be deemed to be incorporated in all invoices, purchase orders, price quotations and shipping confirmations. Company and Customer are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." For purposes of this Agreement the term "Equipment" shall mean all trucks, trailers, tractors, pumpers, tankers, tanks, mixers, vehicles and tools. Nothing contained in any purchase order, memoranda or other writing mie by Car to Saling hail mad submitted by Customer to Company shall modify, amend or supersede this Agreement or any portion thereof. Customer's submission of any provisions that are inconsistent, in conflict with or create any ambiguity with this Agreement or any portion thereof are rejected. Company's failure to object to any different terms or conditions shall not constitute acceptance or approval by Company.
2. Quotations and Pricing. All price quotations provided by Company to Customer shall only be reserves the right in its sole and absolute discretion to decline to quote or sell to Customer. Company Any request for quotation by Customer shall constitute a representation that Customer is solvent. All requests for quotation shall specify the name and address of the project where the goods and Equipment will be used, name and address of the original contractor, name and address of the public agency and any other information reasonably requested by Company to enable Company to serve a Preliminary Notice or Stop Notice pursuant to the California Civil Code. Company's issuance of a quotation to Customer shall not obligate Company to provide any future quotations to Customer. Company reserves the right to require Customer to adhere to quality control measures imposed by Company in its sole and absolute discretion as a condition of accepting any offer to purchase by Customer and/or delivering goods and/or renting Equipment to the Customer. The parties agree that the foregoing provision is reasonable based on the need to maintain the quality of the goods, their application, the reputation of the brand and to maintain public safety. Customer shall be free to resell the goods purchased from Company at any price selected by Customer. The Equipment identified in any price quotation is subject to availability. Unless expressly provided in any price quotation, the prices in the quotation do not include an operators). The prices set forth in any price quotation will be charged from the time the Equipment leaves Company's facility until it is returned, without proration for partial days and without regard as to whether the Equipment is actually used unless specifically provided otherwise in the applicable price
3. Delivery and Risk of Loss.
a. If the Company delivers the goods, delivery shall take place and all risk of loss shall pass when Company delivers the goods to the project and they pass the last flange on Company's truck or trailer.
If the Customer or its representative pick up the goods, delivery and all risk of loss shall pass when the goods pass the last flange on Company's piping at Company's plant. Company shall have the right to allocate goods to its customers pro rata in the event the Company experiences a shortage of goods. All claims for defective goods shall be made within ten (10)
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009 (C PETROCHEM MATERIALS INNOVATION, LLC
PMI PMItECHNOLOgY.COM
760-603-0961
calendar days of delivery. Failure to make a claim within that time shall operate as unequivocal acceptance and waiver of all claims.
b. Delivery of the Equipment from Company to Customer shall take place when the Equipment leaves the gate at Company's South Gate or El Cajon facilities, as applicable, and shall not be deemed to be returned until the Equipment is delivered back inside of the gate at Company's South Gate or El Cajon facilities, as applicable, in the same condition as when the Equipment left, ordinary wear and tear excepted. Customer shall be responsible for all risk of loss, damages and liability from the point in time that the Equipment leased or rented by Company to Customer leaves the gate at Company's facility until it is returned back inside the gate at
Company's facility. Customer shall be solely responsible for the loss of any materials transported or mixed in the Equipment leased or rented by Company to Customer after the Equipment leaves Company's facility and before it is returned to Company's facility including, but not limited to, any loss of materials which solidifv, break, or become stuck as a result of the failure of the Customer to follow the operating instructions for the Equipment. Customer shall operate the Equipment in compliance with all applicable laws, ordinances and regulations. Customer shall be solely responsible for all fines and violations arising out of or relating to the Customer's use or operation of the Equipment. Customer is only obtaining the right to use the Equipment specified in the applicable price quotation and shall obtain no ownership interest in the Equipment.
Payment Terms. Company's standard terms of sale of goods and rental of Equipment are cash on delivery unless the Company grants credit to Customer in Company's sole and absolute discretion.
All goods, applicable freight and insurance charges and Equipment rental charges will be invoiced as of the date of delivery. Company reserves the right to suspend credit, change credit terms or deny credit in its sole discretion at any time with or without notice to Customer. Company reserves the right to require from Customer adequate assurances of performance before delivery of goods or rental of Equipment. Company reserves the right to suspend performance until Company receives adequate assurances satisfactory to Company. Company shall have the right to take possession of the Equipment and/or goods if Customer fails to make timely payment within forty eight (48) hours of the time that Customer is deemed to have received written notice of failure to make payment. Payment by Customer to Company shall not be contingent upon Customer receiving payment from any third party. Customer shall pay all sales, use and excise taxes. Interest at eighteen percent (18%) per annum shall accrue on all past due payments. Customer's failure to pay invoices when due, at Company's election shall make all subsequent invoices immediately due and payable irrespective of prior negotiated terms. Company may withhold delivery or shipment of goods or rental of Equipment until Customer's account is settled in full. Customer expressly waives any liability of Company for any refusal to deliver goods or rent Equipment for accounts in arrears. ( Customer authorizes Company to obtain credit information on Customer on an ongoing basis and authorizes the release of all credit information on Customer to
5. Equipment.
a. Company requires that each third-party user and operator of Company's Equipment be briefed on the proper use of the Equipment and acknowledge that the user understands all such requirements in wril make usen chicher tube quipment shall signa for that is bachel ye of Co storit "A" hereto before Customer's emplovee will be permitted to make any use of or operate the Equipment b. The fuel level of all Equipment will be recorded when it leaves Company's facility and the Customer is responsible for returning the Equipment to Company's facility with the same amount of fuel as when it left. If the Equipment is returned with less fuel than when the Equipment left Company's CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLC
PMI PMITECHNOLOGY.COM
760-603-0961
facility, the Customer will be responsible for paying the cost of the fuel to bring the fuel level back to the level when it departed Company's facility.
c. Customer shall be responsible for maintaining the Equipment inside and outside in a clean manner. Customer will be charged for the cost of cleaning the Equipment if it is not returned to Company in at least as clean a condition as when it left the Company facility. No smoking is allowed in or around any of the Equipment.
d. All material valves shall be closed when transporting all Equipment. All lids and covers shall e maintained in a closed condition on all Equipment. Customer shall check for damage to all Equipment on a regular basis no less frequently than prior to departure from Company's facility and again when the Equipment is returned to Company's facility.
e. Customer shall notify Company of any operating problems or any required repairs to the Equipment so that Company can make any required repairs. An authorized representative of the Customer will be required
to confirm in writing on a form substantially similar to Exhibit "B" that the Equipment (i) delivered at the start of the work day is in good operating condition free from any operating problems or required repairs, and (ii)
was returned in good operating condition free from any operating problems or required repairs. The Customer is responsible for promptly notifying Company in writing of any operating problems or required repairs so that any operating problems or required repairs can be promptly handled. Company shall not be responsible for any damages or delays as a result of operating problems or required repairs if the Customer does not promptly notify Company. Customer shall be responsible for all damages to the Equipment while the Equipment is in the possession, custody or control of the Customer.
6. Insurance Requirements For Equipment Rental.
a. Coverage. Customer shall procure and maintain at its own expense comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the use or operation of the Equipment by Customer or its officers, employees, servants, volunteers, agents and independent contractors. Customer shall further procure and maintain at its own expense commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering the Equipment that names Company as the loss payee.
Said policies of insurance shall have deductibles of One Thousand Dollars ($1,000) or less. b. Workers Compensation Insurance. Customer shall procure and maintain at its own expense, during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
c. Additional Named Insured. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, Company and its officers, directors, shareholders, members, managers, employees, agents, representatives and lessors are named as an additional insured. d. Proof of Insurance Coverage; Certificates. Customer shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to Company certificates of said insurance on or before delivery or use of the Equipment by the Customer. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage unless the insurer has provided Company with thirty (30) days prior written notice of cancellation or reduction in coverage.
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLC
PMI PMITECHNOLOGY.COM
760-603-0961
All insurance policies required to be provided by Customer or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to Company. The insurance provisions of this Agreement shall in no way modify Customer's duty to indemnify, defend and hold Company harmless pursuant to the terms of this Agreement. Company shall have the right to terminate this Agreement immediately and take possession of the Equipment if the Customer fails at any time to provide and maintain the required insurance or certificates.
Trademarks and Intellectual Property. Customer shall not make any use of the Flex Seal® or other Company trademarks, service marks or symbols unless Customer has submitted such proposed use to Company and received Company's express prior written consent. Customer shall not use Company's trademarks, service marks or symbols in Customer's business name or letterhead. Company and its licensor shall be the exclusive
owner of the Flex Seal® trademarks, service marks, symbols, trade secrets, confidential information, know how, copyrights and patents together with all Improvements (as defined hereinafter) to any of the foregoing and
Customer shall not challenge such exclusive ownership or make any unauthorized use. For purposes of "Improvements" shall mean all inventions, modifications, revisions, alterations, enhancements, betterments, ideas and discoveries (whether or not patentable) conceived or reduced to practice (actually or constructively), either solely or jointly with others.
8. Disclaimer of Warranties. Customer shall be solely responsible for determining whether the goods and Equipment are appropriate for any project or application or whether the goods must be modified to make them suitable for any project or application. Company makes no representation or warranty that the goods or Equipment will be suitable for any particular project or application. It shall be the Customer's sole responsibility to obtain a mix design from a qualified engineer for each project or application. Company shall have no liability for any mix designs used by Customer.
COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE GOODS AND EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF
COMPANY HAS NO CONTROL OVER THE MATERIAL SUPPLIERS SELECTED BY BUYER OR THE MATERIALS PURCHASED FROM THIRD PARTIES. COMPANY SHALL HAVE NO
LIABILITY FOR ANY MATERIALS PURCHASED BY BUYER FROM ANY THIRD PARTIES. BUYER SHALL BE SOLELY RESPONSIBLE FOR VERIFYING THAT ALL
MATERIALS OBTAINED BY BUYER FROM THIRD PARTIES ARE COMPATIBLE WITH ANY MATERIALS PURCHASED BY BUYER FROM COMPANY. BUYER SHALL BE SOLELY
RESPONSIBLE FOR ADJUSTING AND CALIBRATING BUYER'S EQUIPMENT TO ACCOUNT FOR VARIATIONS IN THE MATERIALS PURCHASED BY BUYER FROM THIRD PARTIES.
COMPANY SHALL NOT BE LIABLE FOR ANY CALIBRATION OR OTHER ASSISTANCE THAT MAY BE PROVIDED TO BUYER BY COMPANY.
9. Limitation of Liability. Company shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with this Agreement to sell goods or rent Equipment to the Customer, including damages for loss of use, lost profits, or damages paid to third parties even if Company has been advised of the possibility of suck lamages. Customer's exclusive remedy and Compan's entire liability to Customer shall be limited to the total invoice price paid or incurred by Customer for the goods and/or Equipment that are the subject
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLO
PMI PMITECHNOLOGY.COM
760-603-0961
of any dispute or claim for damages. Customer shall report all alleged problems with the goods and Equipment to Company immediately. Company shall have no liability for any problems which are not reported immediately. No legal action shall be brought by Customer against the Company for any claim with respect to any goods sold or Equipment rented by Company to Customer more than one (1) year after delivery of such goods or Equipment to the Customer. It is agreed that any cause of action with respect to such goods or Equipment shall accrue as the date of delivery of such goods or Equipment.
Relationship of the Parties. Nothing in this Agreement shall restrict Company's right to sell the vendor and/or lessor and lesser, as applicable, and nothing contained in this Agreement shall be construed to create a joint venture, association, agency, partnership or franchise relationship.
11. Termination. Either Party may terminate this Agreement on thirty (30) calendar day written notice. Any such termination shall not affect any accepted orders or the duty of Customer to make payment.
Indemnification. Customer shall indemnify, defend, and hold harmless Company and its officers, directors, shareholders, partners, members, managers, agents, employees, attorneys, successors, and permitted assigns with respect to any and all claims, demands, liabilities, judgments, awards, liens, losses, damages, or
costs (including reasonable attorneys' fees and expenses) of any kind or nature arising from or in any manner related to (i) any use of the goods purchased or Equipment rented from Company; or (ii) the failure of Customer to observe or perform the covenants and agreements of Customer under this Agreement (hereinafter collectively "Claims") with the exception of Claims caused by the sole negligence of Company. Customer's duty to defend, indemnify and hold harmless the Company shall survive the termination of this Agreement for any reason.
13. Further Assurances. Each of the Parties hereto agrees to execute and deliver any and all additional papers and documents, and to do any and all acts reasonably necessary in connection with performance of its obligations hereunder to carry out the intent of the Parties hereto.
Entire Agreement. This Agreement and the documents expressly referenced herein, shall constitute the entire Agreement between the Parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations and negotiations of the Parties concerning the subject matter hereof and the terms applicable thereto.
Amendment. This Agreement may not be supplemented, modified or amended in any manner, except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the Parties hereto.
Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a and shall be binding on each of the Parties hereto and their respective directors, officers, shareholders, partners, members, managers, employees, agents, heirs, representatives, successors and permitted assigns and each of them.
Applicable Law. This Agreement shall be deemed to have been entered into, and shall be construed and interpreted, in accordance with the laws of the State of California without reference to California's application of principles of conflicts of law.
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLO
PMI PMITECHNOLOGY.COM
760-603-0961
19. Severability. In the event that any provisions hereof are deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force.
20. Form. As used in this Agreement, the masculine, feminine and neuter gender, and singular and lural number shall be deemed to include the other and others whenever the context so indicates. All captions used in this Agreement are for convenience only and shall not be construed in interpreting this Agreement.
21. Time is of The Essence. Time is of the essence for this Agreement and all of the terms, provisions, covenants and conditions hereof.
22. Parties In Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties to i and their respective successors and permitted assigns, nor is anything in this Agreement intended t relieve or discharge the obligation or liability of any third persons to any Party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any Party : In addition to any other available remedies, either Party, upon an appropriate showing, shall be entitled to equitable relief including, but not limited to, injunction and specific performance in the event of a
breach or threatened breach of this Agreement. No remedy conferred by any specific provision of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereinafter existing at law, in equity, by
statute or otherwise. The election of one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies.
24. Attorneys' Fees. The prevailing party in any arbitration or legal action arising out of this Agreement shall be entitled to an award of its attorneys' fees, expert witness fees and costs.
25. Nonassignability. This Agreement may not be assigned by either Party without the express written consent of each of the Parties. For purposes of this Agreement, the prohibition on assignment shall also apply to licenses, sublicenses and subcontractors.
26. Interpretation. This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
27. Force Majeure. Company shall not be responsible for any delays or failure to perform for any reason including, but not limited to, fire, flood, strikes, lockouts, accidents, war, terrorist acts, insurrection, Acts of God, inclement weather, delays in transportation, Equipment failure, shortage of Equipment, governmental interference or regulation, or any other reason beyond Company's reasonable control.
28. Waiver. No waiver shall be binding, unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
PETROCHEM MATERIALS INNOVATION, LLC
PMI PMITECHNOLOGY.COM
760-603-0961
29. Captions and Headings. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Notices. All notices required or permitted under this Agreement shall be in writing, shall be sent to the Party's address as set forth immediately below, shall reference this Agreement, and shall be deemed given (i) when delivered personally; (ii) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iii) one day after deposit with a commercial overnight carrier with verification of receipt.
"Company" Petrochem Materials Innovation, LLC
6168 Innovation Way
Carlsbad, CA 92009
"Customer" City of Cathedral City
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of any act or omission of the Party to be notified will be deemed effective as of the first date that the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
A Party may change its address for purposes of receiving notices by giving notice of said change of address in the manner provided for herein.
31. Arbitration. Any and all controversies, claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in the County of San Diego, State of California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney admitted to practice law in the State of California with at least fifteen (15) years of business law experience. The award rendered by the arbitrator shall be final and non-appealable and may be entered as a final judgment in any court having jurisdiction thereof. The award of the arbitrator shall be in the form of findings of fact and conclusions of law and shall set forth in detail the legal and factual basis of the decision.
CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009
ATTACHMENT G
COUNTY OF LOS ANGELES CONTRACT 59680
Technical Specifications [I-000₺
CONTRACT NO: VERSION DATE
TERM CONTRACT AWARD MA-IS-2440097-1
INTERNAL SERVICES DEPARTMENT PROCUREMENT FOLDER: 2713122 BUYER Peter Genov
PHONE 323-267-2247
EMAIL: [email protected]
PETROCHEM MATERIALS INNOVATION LIC
VENDOR NO: 169499
6168 INNOVATION WAY CONTACT: FRANK HOFF
PHONE: 760-603-0961
CARLSBAD CA 92009 FISCAL YEAR:
EFFECTIVE DATE: 01/09/24
EXPIRATION: 01408/27
REAS EMULSIONS - 3 YEAR AGREEMENT
LINE COMMODITY/SERVICE DESCRIPTION QUANTITY LOM PRICE TYPE VALUE NO.
1 COMMODITY CODE: 745-84-00-048439 0.000 GAL ITEM $2.890000 REAS TYPE 1 CENTRAL MIX
2 COMMODITY CODE: 745-84-00-048440 0.000 GAL ITEM $ 2.520000 REAS TYPE 2 CENTRAL MIX
3 COMMODITY CODE: 745-84-00-048441 0.000 GAL ITEM $ 2520000 REAS TYPE 3 CENTRAL MIX
4 COMMODITY CODE: 770-09-00-026337 0.000 GAL ITEM $4.000000
CIR EMULSION
5 COMMODITY CODE: 745-84-00-048439 0.000 GAL ITEM $2.6500000
TYPE IT RAP CENTRAL MIX
6 COMMODITY CODE: 745-84-00-048439 0.000 GAL ITEM $2.800000 TYPE II CENTRAL MIX (W/76-22 BINDER)
7 COMMODITY CODE: 745-84-00-048439 0.000 TON ITEM $ 800.000000
MODIFIED ASPHALT BINDER (WITH A/C)
8 COMMODITY CODE: 745-84-00-048439 0.000 GAL ITEM $3.400000
TYPE FINE CENTRAL MIX (WITH A/C)
9 COMMODITY CODE: 745-84-00-048439 0.000 MILE ITEM $0.400000
MATERIAL DELIVERY
DELIVERY CHARGES BASED ON A "PER GAL/PEI
MATERIAL FROM TA PLANT TO DELIVERY
LOCATION
10 COMMODITY CODE: 745-84-00-048439 0.000 LOAD ITEM $.300.000000 300-40 GALLON TEACHER RENTAL
Peter Genor 01/09/2024 01:13 PM PST TL Frank Hoffman 0108/2021 01 34 PM PST
COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE
PRICE SHEET TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2440097-1
LINE TOM PRICE TYPE VALUE
NO. COMMODITY/SERVICE DESCRIPTION QUANTITY
11 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 405.000000
SLURRY TRUCK WITH DRIVER
12 COMMODITY CODE: 745-84-00-048439 0.000 DAY ITEM $ 350.000000
SLURRY BOX - BARE
13 COMMODITY CODE: 745-84-00-048439 0.000 DAY ITEM $ 1960.00000
TRUCK & PUNSFER OPERATOR INCLUDING UTILITY
14 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $285.000000
APPLICATION TRUCK - BARE
15 COMMODITY CODE: 745-84-00-048439 0.000 DAY ITEM $ 350.000000
SERVICE HAUL TRUCK - BARE
16 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 306.000000
RENTAL - SWEEPER (OPERATED)
17 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 408.000000 RENTAL. - SWEEPER OVERTIME (OPERATED)
18 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $408.000000
RENTAL - SWEEPER SUNDAY/ HOLIDAY (OPERATED)
19 COMMODITY CODE: 745-84-00-048439 0.000 DAY ITEM $2000.000000
SUPERVISOR /TRAINER (PER DAY/PER TRAINER)
20 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $120.000000 ABOR: OPERATORS, SQUEEGEE MEN, DRIVER
UMPERS & POSTING & NOTIFYING LABO
21 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 173.000000 LABOR: OVERTIME RATE-WEEKDAY
22 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 173.00K0 LABOR: OVERTIME RATE-WEEKEND
23 COMMODITY CODE: 745-84-00-048439 0.000L DAY ITEM $ 2000.000000
TRAFFIC CONTROL BARRICADES - BARE
24 COMMODITY CODE: 745-84-00-048439 0.000 EA ITEM $ 200.000000
TRAFFIC CONTROL PLANS - PER PAGE
25 COMMODITY CODE: 745-84-00-048439 0.000 EA ITEM $ 225.000000
TRAFFIC CONTROL, CHANGEABLE MESSAGE SIGNS
EACH PER DAY
26 COMMODITY CODE: 745-84-00-048439 0.000 EA ITEM $ 2500.000000
PRICE SHEET TERM CONTRACT AWARD
CONTRACT NO: MA-1S-2440097-1 Paren
LINE COMMODITYSERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE NO
LANT OPENING FEE
ATURDAY. SUNDAY, HOLIDA
27 COMMODITY CODE: 745-81-00-048439 0.000 GAL ITEM S 1.500000
PO THE FLAG OF UNUSED MATERIAL BROUGHT BACK
(END OF PROJECT)
NOT TO EXCEED $1,50KJ.0KI PER TRUCK OR
TRAILER
28 COMMODITY CODE: 745-84-00-048439 0.000 HOUR ITEM $ 0.000000
STAND-BY TIME
SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
Page
CONTRACT NO: MA-IS-2440097-1 4
1.0 SPECIAL TERMS AND CONDITIONS
1.1 THE AGREEMENT PERIOD IS FROM 01-09-2024 TO 01-08-2027, INCLUSIVE, WITH OPTION TO EXTEND FOR ADDITIONAL TWO (2) 12 MONTH PERIODS BY MUTUAL CONSENT.
1.3 PLACING ORDERS:
FRANK B. HOFFMAN
PHONE: (760) 603-0961
FAX: (760) 603-0962
EMAIL: [email protected]
1.4 F.O.B.: DESTINATION
1.5 DELIVERY: I DAY AFTER RECEIPT OF ORDER
1.6 CASH DISCOUNT: 1% IN 20 DAYS. NET 30 DAYS
1.7 A PRICE ESCALATOR/DE-ESCALATOR PROVISION WILL APPLY ONLY ON THE PRICE OF REAS CENTRAL MIX, TYPE I. JI AND III ON ANNUAL BASIS PER PROPOSAL SUBMITTED BY PETROCHEM MATERIALS INNOVATION, LL IN A LETTER DATED DECEMBER I4. 2023. THE
PROVISION WITH THE FORMULA TO BE USED FOR THE PRICE ADJUSTMENT ARE ATTACHED TO THIS AGREEMENT.
1.8 ALL OTHER TERMS AND CONDITIONS IN ACCORDANCE WITH SOLICITATION# RFB-IS-24200342
1.9 CANCELLATION:
THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY, UPON 30 DAYS WRITTEN NOTICE. VENDOR MAY CANCEL ANY AGREEMENT ORMULATED FROM THIS INQUIRY AFTER INITIAL YEAR OF THE AGREEMENT PERIOD. UPC DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST TH AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION.
1.10 CANCELLATION: THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL. THIS
AGREEMENT/PURCHASE ORDER IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT)
ID MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FRO
PAID BALANCE DUE THE VENDOR AND/OR MAY COLLECT AGAINST THE BOND OR SURETY F
EXCESS COSTS SO PAID, THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE
ONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MAD
OUNTY OF LOS ANGELES SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANC
1.11 INSURANCE COVERAGE REQUIREMENTS:
GENERAL LIABILITY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS
QUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING
ENERAL AGGREGATE: S2 MILLIO!
RODUCTS/COMPLETED OPERATIONS AGGREGATE: $2 MILLIO
ERSONAL AND ADVERTISING INJURY: $I MILLIO
EACH OCCURRENCE: $I MILLION
COMPENSATION BENENTS AS AURED BY THE LABOR CODED TA STATE ALTERS
SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-1S-2440097-1 Page
5 OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT. COVERAGE SHALL PROVIDI
WORKERS COMPENSATION ACT, JONES ACTOR AN OTHER SAL FORDIAOR CONTRACTOR IS RESPONSIBLE.
COVERACE NITH LIMITS OF XO LESS MAN THE FOLLOWING EMPLOYERS LIABILITY EACH ACCIDENT: S1 MILLION
DISEASE - POLICY LIMIT: SI MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
1.14 INSURANCE CERTIFICATES:
CERTIFICATES OR AFFIDAVITS OF INSURANCE FOR PUBLIC LIABILITY, PROFESSIONAL
LIABILITY, PROPERTY DAMAGE AND WORKER'S COMPENSATION MUST BE ON FILE IN THE
OFFICE OF COUNTY PURCHASING AGENT THROUGHOUT THE PERIOD OF THIS AGREEMENT/PURCHASE ORDER. IF INSURNCE POLICIES ON WHICH THE CERTIFICATES OR
AFFIDAVITS ARE ISSUED ARE CANCELLED OR CHANGED DURING THE PERIOD OF SUCH
SURANCE COVERAGE, WRITTEN NOTICE MUST BE RECEIVED BY THE COUNTY PURCHASIN EPARTMENT AT LEAST 30 DAYS PRIOR TO EFFECTIVE DATE OF SUCH CANCELLATION C CHANGE.
1.15 INSURANCE: RESPONSIBILITY FOR OBTAINING EVIDENCE OF VENDOR INSURANCE FOR THE PROTECTION OF THE COUNTY RESTS WITH THE ORDERING DEPARTMENT. CERTIFICATES
OF PUBLIC LIABILITY AND PROPERTY DAMAGE AND WORKER'S COMPENSATION INSURANCE MUST BE ON FILE IN OFFICE OF ORDERING DEPARTMENT BEFORE WORK CAN COMMENCE. ALL
OPERATION OF VENDORS MUST BE COVERED, INCLUDING AUTOMOTIVE AND PREMISES OPERATIONS.
STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
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CONTRACT NO: MA-IS-2440097-1
in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not les han annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards Contructor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement.
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to sutisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.
2. The Contractor is hereby notified that. in accordance with Chapter 2.202 of the County Code. if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the ounty may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for secified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the Count
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County. (2) committed any act or omission which negatively reflects on the Contractor's quality. fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pallern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or husiness honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.
6. A record of the hearing. the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shail have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
7. These terms shall also apply to (subcontractor/subconsultants) of County Contractors.
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CONTRACT NO: MA-IS-2440097-1
PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:
i Upose esty o us CUNT%, the country counties of rigin of any prodies goods suple or other personal propery Soremanues by COUNTY, provil to COUNTY the manufacturer's certification of compliance with literational child libor Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
Sure produced in valian or any meata did or i on in, e sai made a pied a leave complan B. Written Employee Jury Service policy.
• Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as dcfined under th ury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Servic Program (Section 2.203.070 of the County Code). Contractor shall have and adhere to a written policy that provides that its pelicy mes pralic the Emptye deposit any es received for such is ry service wilk he Coltracter or that the Contractine diet from the Employee's regular pay the fees received for jury service.
For purposes of this Section. "Contractor" means a person, partnership. corporation or other entity which hus a contract with the unty or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any inth period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full ti employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is :
ccoonized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject lo the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement.
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CONTRACT NO: MA-IS-2440097-1 8
3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Progran, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or i Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a writte policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program. • Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of suc material. breach. County may. in its sole discretion. terminate the Contract and/or bar Contractor from the award of future Count contracts for a period of time consistent with the seriousness of the breach.
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent.
ASSIGNMENT BY CONTRACTOR
Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible. at County's sole discretion, against the claims which Contractor, may have against county.
Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership. or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.
Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyoul, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall se a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County hall he entirled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT) services provide artes an agreein of us lie with counsel electric undo transe fi rie godi, no an allernative method of payment is deemed appropriate by the Auditor-Controller (A-C). .. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other infornation that the A-C determines is reasonably necessary to process the payment an comply with all accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.
FEDERAL UNIFORM GUIDELINE CLAUSE
sibil A. Chapter 1, PART PUT UNFORM ADMINISTRATIVE REQUIREMEN PRINCIPLES AND AUDIT. Subtitle A. Chapter II, PART 200- REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. $ 200 et seq.
STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2440097-1 Page
COMPLIANCE WITH COUNTY POLICY OF EQUITY
The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously. as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledge hat the County strives to provide a workplace free from discrimination. harassment, retaliation and inappropriate conduct based on s receipt and understanding nd the POL. Failure or the contacts: is employes or is se con tatus to uphold the clue and cerity. expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.
PETROCHEM MATERIALS INNOVATION, LLC
PMI PMITECHNOLOGY.COM
760-603-0961
December 14, 2023
Attention: Peter Genov
bject: County of Los Angeles - Slurry, Pre-mix, RE
Q: RFB-IS-24200342
Dear Peter,
As part of our quote on the above project, we request to include a price escalator/de-escalator only on the price of REAS Central Mix, Types I, Il and I!. These would be the RFQ line items 1, 2, 3, 5 and 6. With the fluctuating price of liquid asphalt used in making emulsion, we would like to propose a formulation to determine the price of the REAS Central Mix products that is used annually on an anniversary date.
This is exactly what we do in our contract with the City of Los Angeles.
I have attached a sample calculation if at the anniversary date of 12/20/2024 the cost of our liquid asphalt hypothetically increased by $40/ton. The basic primus is the following:
In each gallon of Premix REAS Type I there is the equivalent of:
36.17% 4.70 Ibs of Emulsion/Asphalt
8.30 lbs of slurry aggregate
In each gallon of Premix REAS Type I! and til there are the equivalent of:
25.37% 3.42 Ibs of Emulsion/Asphalt
74.63% 10.08 Ibs of slurry aggregate
The erAS ritest he he pay oly sid al ince by 5l on, then the rice of. conversely, if the price of asphalt decreases by $40/ton, then the price of the REAS would decreas or the next 12 months by $0.06 and $0.04 respectfully
Sincerely,
Frank B. Hoffman
C.F.O.
CONTRACTOR # P91274 6168 INNOVATION WAY, CARLSBAD, CA 92009 12/20/2024
Please see the attached narrative and copies of invoices for the justification for this increase.
Proposed
Price
Base Contract Increase Proposed
Dec 20, 2023 as justified by the Deo 20, 2024
Line # Item Description Price information below PriC 2.95 1 Premix REAS type / $ 2.89 $ 0.06
2 Premix REAS type lI $ 2.62 $ 0.04 S 2.56
3 Premix REAS type II! $ 2.52 $ 0.04 $ 2.57
in each gallon of Premix REAS Type I there is the equivalent of:
36.17% 4.70 Ibs of Emulsion/Asphalt
63.83% 8.30 Ibs of slurry aggregate
In each gallon of Premix REAS Type Il and Ill there are the equivalent of:
25.37% 3.42 Ibs of Emulsion/Asphalt
74.63% 10.08 Ibs of slurry aggregate
Asphalt Prices at December 2024 for PG 70-10 rise to $555.00 per liquid ton.
Asphalt Prices on December 2023 for 70-10 was $515.00 per liquid ton as bid in current contract.
Asphalt Emulsion for Type I:
Increase in Asphalt Oil Costs per ton
Cost increase per Ib.($40.00 / 2,000)
2.96 Ibs of Asphalt (4.7 Ibs * 63%)
Increase per gallon of REAS Type I
Asphalt Emulsion for Types li and III & Type I! RAP:
Asphalt Prices 12/20/2024 555.00
Asphalt Prices 12/20/2023 515.00
Increase in Asphalt Oil Costs per ton 40.00
Cost increase per Ib. ($40.00 / 2,000) 0.02000
2.15 Ibs of Emulsion (3.42 Ibs * 63%) 2.15
Increase per gallon of REAS Types II and Ill 0.04
Asphalt Prices at December 2024 for PG 76-22 rise to $875.00 per liquid ton.
Asphalt Prices on December 2023 for 76-22 was $835.00 per liquid ton as bid in current contract.
Asphalt Emulsion for Types II (w/ 78-22 Binder from Benicia):
Asphalt Prices 12/20/2024 875.00
Asphalt Prices 12/20/2023 835.00
Increase in Asphalt Oil Costs per ton 40.00
Cost increase per Ib.($40.00 / 2,000) 0.02000
2.15 Ibs of Emulsion (3.42 Ibs * 63%) 2.15
Increase per gallon of REAS Types Il w/ 76-22 Binder 0.04 Delivery: 1 Day ARO
ATTACHMENT H
MAPS OF PROGRAMMED STREETS
4000-12
Technical Specifications
EAST PALM CANYON DR from
CATHEDRAL CANYON TO THE
WEST LIMITS OF THE CITY
Est. = 459,464 SF
ASSESSMENT DISTRIC 86-5
Aliso Rd Cul de Sac to San Eljay Avenue *
San Helena Ave Cul de Sac to San Eljay Avenue *
San Susanna Ave Cul de Sac to San Eljay Avenue *
Garner Ave Cul de Sac to San Eljay Avenue *
Neuma Dr Cul de Sac to Baristo Road
El Toro Rd Cul de Sac to Baristo Road
Victor Rd Dr Cul de Sac to Baristo Road
Est.= 214,028 SF
* Include Asphalt paving repairs at intersections 1000 SF per intersection (Total 4,000 SF)
VISTA CHINO DR from DATE PALM
DRIVE TO THE WEST LIMITS OF
THE CITY
Est. = 788,306 SF
PALM CANYON DR TO GERALD
FORD DR
Est.= 309,592 SF