NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE:
Section 1. The City Council hereby authorizes the City Manager to negotiate and execute a Professional Services Agreement with CRA Associates for Citywide Parking Rate Study services in an amount not to exceed $322,105.00 for the base scope of work, exercisable at the sole discretion of the City Manage.
Section 2. The City Manager is further authorized to execute any amendments, modifications, or related documents necessary to carry out the purposes of this Resolution, provided that any amendment increasing the total contract value above $322,105.00 shall require further City Council authorization.
Section 3. Funds in the amount of Three Hundred Twenty-Two Thousand One Hundred Five Dollars ($322,105.00) are authorized for this agreement, of which funds available in Account No. 1001-610-000-4262 are appropriated for Fiscal Year 2026- 2027.
Section 4. Funding for subsequent fiscal years, 2027-2028, and 2028-2029 shall be subject to appropriation by the City Council in the applicable annual budget and shall not constitute an obligation of the City beyond the current fiscal year appropriation.
Section 5. If the City Manager is unable to successfully negotiate a Professional Services Agreement with CRA Associates under the terms authorized herein, the City Manager is authorized to negotiate with the next highest-ranked responsible proposer as determined by the Purchasing Manager, in an amount not to exceed $322,105.00, without further City Council action. Any resulting agreement shall be subject to the same terms, conditions, and not-to-exceed amount authorized herein.
Section 6. The City Council may direct staff to negotiate with one of the other responsive proposers.
Section 7. The City Council may reject all proposals received under RFP CM-26- 001 and direct staff to reissue the solicitation. All four proposal packages submitted in response to RFP CM-26-001 are included as attachments to this report for the City Council's review.
RESOLUTION NO. _______
Section 8. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, and Law Division/City Attorney.
Section 9. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this 1st day of September, 2026.
____
EMMA SHARIF
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Satra D. Zurita, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this 1st day of September, 2026.
That said, Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________ ___
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
01478.0001 2186872.1
August 26, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: INTERIM CITY MANAGER, JERRY GROOMES
SUBJECT: CONSIDERATION OF TERMINATION OF THE CITY’S PREFERENTIAL
PARKING PERMIT DISTRICT IN RICHLAND FARMS
SUMMARY
The City currently has one preferential parking district, Richland Farms. This district is presently the only area within the City subject to preferential parking permit restrictions.
The establishment, administration, and termination of preferential parking permit districts are governed by City Municipal Code section 12-9.4.
The relevant provisions of the City Municipal Code section 12-9.4 are as follows:
a. Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least 50% of residents in the district before signs will be installed designating the preferential parking district. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50%
following annual permit renewals, the residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above. b. The City Council may terminate a preferential parking district upon receipt of a petition calling for such termination which has been received and transmitted by the City Clerk, and contains signatures and the corresponding printed name and address representing a majority (50% + one) of the
dwelling units in the district. The City Council may also terminate such district, without petition, based upon, but not limited to, any changes in the criteria upon which the original designation was based.
More specifically, subsection (b) of Compton Municipal Code section 12-9.4 provides that the City Council may terminate a preferential parking district upon receipt of a petition calling for such termination that has been received and transmitted by the City Clerk, contains signatures, together with the corresponding printed names and addresses, representing a majority (50% +1) of the dwelling units within the preferential parking district.
23.23.23.23.23.23. 01478.0001 2186872.1
BACKGROUND
Based upon data maintained by the City, there are approximately 400 dwelling units within the existing preferential permit parking district. Accordingly, a petition seeking termination of the district must be submitted and contain qualifying signatures representing a majority of those dwelling units, or approximately 201 dwelling units in order to satisfy the threshold established by Compton Municipal Code section 12-9.4.
A petition requesting termination of the preferential permit parking district was circulated by residents in Richland Farms and subsequently received by the City on March 9, 2026 (hereafter, the “Petition”). The Petition contains 249 full names, addresses, and signatures, of residents that live within that district requesting termination of the preferential parking enforcement in Richland Farms, with more than 201 dwelling units represented.
Based upon the appropriate number of dwelling units reflected in the City’s records, the City staff verified that the Petition contains signatures exceeding the minimum number required by Compton Municipal Code section 12-9.4. Accordingly, the Petition satisfies the numerical requirements necessary for the City Council to consider termination of the preferential parking permit district in Richland Farms.
Upon receipt of the Petition, the City Clerk notified City Personnel regarding the Petition and requested the termination of the district. This matter, however, recently came to the attention of the Interim City Manager in a meeting with residents residing in Richland Farms. In light of the Petition and the Municipal Code requirements, the City Manager’s office is now presenting this matter to the City Council for consideration and direction.
STATEMENT OF ISSUE
The preferential parking permit district in Richland Farms was established to regulate parking within the designated area by providing preferential parking privileges to qualifying residents, and to restrict parking by vehicles without the appropriate permit.
The Petition received by the City demonstrates that a majority of the dwelling units within Richland Farms requested that the Preferential Parking Permit designation be terminated. Because the Petition satisfies the requirements established by Compton Municipal Code section 12-9.4(b), the Municipal Code authorizes the City Council to terminate the preferential permit parking district.
The City Council is not required to select termination as its only available option. Rather, the matter is being presented to the City Council to determine how it wishes to proceed in light of the qualifying Petition, the purposes underlying the existing district, and the current parking needs of the affected area.
01478.0001 2186872.1
Staff, therefore, requests that the City Council consider the Petition and provide direction regarding the operation and enforcement of the preferential permit parking district in Richland Farms.
FISCAL IMPACT
. The Fiscal Impact will be assessed upon completion of a Citywide Parking study to determine whether preferential parking will remain in some form or be completely terminated in Richland Farms.
RECOMMENDATIONS
Staff recommends that the City Council take any of the following actions:
1. Terminate the Preferential Permit Parking District in Richland Farms.
Direct staff to terminate the existing preferential parking permit district in Richland Farms until further notice and take the administrative steps necessary to discontinue preferential parking permit restrictions and enforcement within Richland Farms.
2. Continue the Preferential Permit Parking District in Richland Farms.
Direct staff to reject the Petition request, maintain the existing preferential parking permit district, and continue enforcement of the applicable preferential permit parking restrictions.
3. Provide Alternate Direction. The City Council may take any other action, or provide any additional direction to staff, that the City Council deems appropriate in response to the Petition requesting termination of the preferential parking within the district.
ATTACHMENTS
1. Petition Received March 9, 2026
2. Compton Municipal Code section 12-9.4
JERRY GROOMES
INTERIM CITY MANAGER
a.
b.
City of Compton, CA
Chapter 12. Traffic Regulations
§ 12-9.4. Termination of a Preferential Permit Parking District. [Ord. #2298 § 1]
Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least 50% of residents in the district before signs will be installed designating the preferential parking district. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50% following annual permit renewals, the residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above.
The City Council may terminate a preferential parking district upon receipt of a petition calling for such termination which has been received and transmitted by the City Clerk, and contains signatures and the corresponding printed name and address representing a majority (50% plus one) of the dwelling units in the district. The City Council may also terminate such district, without petition, based upon, but not limited to, any changes in the criteria upon which the original designation was based.
Termination of a Preferential Permit Parking District. - City of Compton, CA https://ecode360.com/print/CO4057?guid=35625587 1/1
01478.0001 2186702.1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON (“CITY”) TERMINATING THE CITY’S PREFERENTIAL PARKING DISTRICT IN RICHLAND FARMS
WHEREAS, the City of Compton (“City”) has established a preferential parking permit district in Richland Farms pursuant to the provision of the City’s Municipal Code; and
WHEREAS, the existing preferential parking permit district in Richland Farms is currently the only preferential parking district within the City; and WHEREAS, the City’s Municipal Code section 12-9.4 governs the establishment, administration, and termination of preferential parking districts within the City; and WHEREAS, subsection (b) of Municipal Code section 12-9.4 provides that the City Council may terminate a preferential parking district upon receipt of a petition calling for such termination that has been received and transmitted by the City Clerk and contains signatures, together with the corresponding printed names and addresses, representing a majority (50%+1) of the dwelling units within the district; and WHEREAS, based upon data maintained by the City, there are approximately 400 dwelling units within the existing preferential parking district; and WHEREAS, based upon approximately 400 dwelling units within the district, signatures representing at least 201 dwelling units are necessary to constitute a majority in accordance with City Municipal Code section 12-9.4(b), and WHEREAS, residents circulated a petition requesting termination of the preferential permit parking district in Richland farms and transmitted that petition to the City on March 9, 2026 (hereafter, the “Petition”); and
WHEREAS, the Petition contains at least 249 verified signatures from separate addresses of residents in Richland Farms requesting termination of the permit parking district; and
WHEREAS, the number of signatures contained in the Petition exceeds the minimum numerical requirement established by Compton Municipal Code section 12-
9.4(b); and
WHEREAS, upon receipt of the Petition, the City Clerk’s office verified the resident’s request to terminate the preferential permit parking district in Richland Farms; and
01478.0001 2186702.1
WHEREAS, the Petition recently came to the attention of the Interim City Manager, Jerry Groomes, who presented the matter to the City Council for consideration and direction; and
WHEREAS, after consideration of the Petition, the applicable provisions of the City’s Municipal Code, the staff report, and any public testimony or other information presented at the meeting, the City Council desires to terminate the preferential permit parking district in Richland Farms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the foregoing recitals are true and correct and incorporates them herein by reference.
SECTION 2. The City Council finds that the Petition received by the City on March 9, 2026, satisfies the applicable requirements of City Municipal Code section 12-9.4, including the requirement that the Petition contain signatures representing a majority of the dwelling units within the preferential parking permit district in Richland Farms.
SECTION 3. Pursuant to Compton Municipal Code section 12-9.4, the City Council hereby terminates the existing preferential parking permit district in Richland Farms, effective immediately.
Upon the effective date of the signing of this Resolution terminating the preferential parking restrictions in Richland Farms, the City shall no longer enforce preferential permit parking restrictions applicable solely by reason of the Preferential Permit Parking Program set forth in the City’s Municipal Code sections 12.9 et. seq.
SECTION 4. The City Manager, Interim City Manager, City Clerk, and other appropriate City officers and employees are hereby authorized and directed to take all actions reasonably necessary for the implementation of this Resolution including, as appropriate, discontinuing the issuance and enforcement of preferential parking permits and removing, covering, modifying, or otherwise addressing signage associated with the terminated permit parking district in Richland Farms.
SECTION 5. Nothing in this Resolution shall affect the applicability or enforcement of any generally applicable parking restriction provision of the City’s Municipal Code, or provision of state and/or federal law that applies independently to parking and/or preferential parking requirements.
SECTION 6. This Resolution shall take effect immediately upon its adoption; provided, however, that termination of the preferential permit parking restrictions shall become operational immediately as specified in Section 3 to permit City staff sufficient time to implement the City Council’s direction.
01478.0001 2186702.1
SECTION 7. That a certified copy of this Resolution shall be forwarded to the offices of the City Clerk, City Manager, Legal Division, and Building and Safety Department.
SECTION 8. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution
ADOPTED this ____ day of September, 2026.
______________________________
EMMA SHARIF
MAYOR OF THE CITY OF COMPTON
ATTEST:
_______________________
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Satra D. Zurita, City Clerk of the City of Compton, hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of _______________, 2026.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBER-
NOES: COUNCIL MEMBER-
ABSENT: COUNCIL MEMBER-
ABSTAIN: COUNCIL MEMBER-
___________________________________
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
September 1, 2026
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR ALL
AMERICAN ASPHALT FOR THE CITYWIDE ROAD REPAIR SERVICES
PROJECT, PHASE X ($4,766,000).
SUMMARY
Adoption of this Resolution will authorize the City Manager to execute a construction contract with All American Asphalt (“All American”) for the Citywide Road Repair Services Project, Phase X. The Resolution also authorizes the establishment of a purchase order in the amount of Four Million Three Hundred Thirty-Three Thousand Dollars ($4,333,000.00) and a project contingency of Four Hundred Thirty-Three Thousand Dollars ($433,000.00), for a total authorization of Four Million Seven Hundred Sixty-Six Thousand Dollars ($4,766,000).
BACKGROUND
The City of Compton is committed to improving the quality, safety, and longevity of its roadway network as outlined in the Pavement Management Plan adopted by the City Council on September 3, 2024. Through strategic investment, proactive maintenance, and targeted rehabilitation projects, the City seeks to enhance driving conditions, extend pavement life, and ensure safe and efficient transportation for all roadway users.
The Road Repair Services Project, Phase X, will provide citywide pavement repairs in accordance with contract specifications and documents. The scope of work includes grind-and-overlay pavement rehabilitation, adjustment of sewer manholes, installation of striping, speed humps, traffic loops, and signage.
On August 3, 2026, the Public Works Engineering Department issued a Notice of Inviting Bids, with advertisements published on PlanetBids, the City’s website and in the Compton Bulletin on August 5 and August 12, 2026. Bids were received and publicly opened on August 19, 2026. Five (5) bids were received as follows:
Contractors Amount
All American Asphalt $4,333,000
Hardy & Harper, Inc. $4,726,000
Sully-Miller $4,993,750
Onyx Paving Company $5,253,000
Palp Inc. dba Excel Paving $5,478,372
24.24.24.24.24. Staff Report – Authorizing Construction Contract with All American Asphalt for Citywide Road Repair Services Project, Phase X
September 1, 2026, Page 2 of 3
Following staff’s review of the submitted documents, All American Asphalt was determined to be the lowest responsive and responsible bidder.
STATEMENT OF THE ISSUE
The City reserves the right, after bid opening, to reject any or all bids, or to award the contract to the lowest responsive and responsible bidder. Based on staff’s evaluation, All American Asphalt met all bid requirements and has submitted the lowest responsive bid.
Award of the contract will allow the City to implement planned pavement rehabilitation improvements that enhance roadway safety, ride quality, and pavement longevity throughout the City.
In order to move forward with the Citywide Road Repair Services Project, Phase X, City Council authorization is required to allow the City Manager to execute the contract with All American Asphalt, establish the purchase order in the amount of $4,333,000, and approve a contingency of $433,000.
FISCAL IMPACT
Funds in the amount of $4,766,000 are available in the Fiscal Year 2026-2027 Budget as follows:
Account No. Amount Source
1004-710-000-4266 $3,000,000 Measure P
1520-710-000-4300 $ 900,000 Measure R
1528-710-000-4300 $ 866,000 Measure M
Total $4,766,000
ALTERNATIVE
The City Council may choose to reject all bids and direct staff to re-advertise the project.
This alternative is not recommended, as it would delay implementation of much-needed roadway improvements.
RECOMMENDATION
It is recommended that the City Council:
1. Adopt the attached Resolution authorizing the City Manager to execute a Construction Services Contract with All American Asphalt, the lowest responsive and responsible bidder, for the Citywide Road Repair Services Project, Phase X, in the amount of $4,333,000;
2. Authorize the establishment of a purchase order in the amount of $4,333,000 for the performance of the project work;
Staff Report – Authorizing Construction Contract with All American Asphalt for Citywide Road Repair Services Project, Phase X
September 1, 2026, Page 3 of 3
3. Approve a project contingency in the amount of $433,000 (10% of the contract amount) to address unforeseen field conditions and necessary change orders, for a total project authorization of $4,766,000; and
4. Authorize the City Manager, or designee, to execute all necessary contract documents and administer the contract in accordance with City policies and procedures.
JACK H. GONG, P.E., SE, PMP
CITY ENGINEER
APPROVED FOR FORWARDING:
JERRY GROOMES
INTERIM CITY MANAGER
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR ALL
AMERICAN ASPHALT FOR THE CITYWIDE ROAD REPAIR SERVICES
PROJECT, PHASE X ($4,766,000)
WHEREAS,adoption of this Resolution will authorize the City Manager to execute a construction contract with All American Asphalt (“All American”), establish a purchase order in the amount of Four Million Three Hundred Thirty-Three Thousand Dollars ($4,333,000.00), and approve a project contingency in the amount of Four Hundred Thirty-Three Thousand Dollars ($433,000) for the Citywide Road Repair Services Project, Phase X; and
WHEREAS,the City of Compton is committed to improving the overall quality, safety, and longevity of its roadway network by increasing its Pavement Condition Index (“PCI”) as outlined in the Pavement Management Plan adopted by the City Council on September 3, 2024; and
WHEREAS,through strategic investment, proactive maintenance, and targeted rehabilitation projects, the City seeks to enhance driving conditions, extend pavement life, and ensure safe, efficient transportation for all roadway users; and WHEREAS, the Road Repair Services Project consists of providing road repair services citywide in accordance with the contract specifications and documents, including grind-and-overlay rehabilitation, adjustment of sewer manholes, striping, speed humps, traffic loops, and signage; and
WHEREAS, on August 3, 2026, the Public Works Engineering Department issued a Notice of Inviting Bids, which was advertised on PlanetBids, the City’s website, and in the Compton Bulletin on August 5 and August 12, 2026; and WHEREAS, five bids were received and publicly opened on August 19, 2026, with the following results:
Contractors Amount
All American Asphalt $4,333,000
Hardy & Harper, Inc. $4,726,000
Sully-Miller $4,993,750
Onyx Paving Company $5,253,000
Palp Inc. dba Excel Paving $5,478,372; and
WHEREAS, based upon review of the bid documents, All American Asphalt was determined to be the lowest responsive and responsible bidder; and WHEREAS, the City reserves the right to reject any or all bids, or to award the contract to the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the contract to All American Asphalt in the amount of $4,333,000.00 and authorizing a ten percent (10%) contingency of $433,000 for unforeseen project costs; and
WHEREAS, sufficient funds in the amount of $4,766,000 are available in the Public Works Engineering Department’s Fiscal Year 2026-2027 Budget as follows:
RESOLUTION NO. _____________
PAGE 2
Account No. Amount Source
1004-710-000-4266 $3,000,000 Measure P
1520-710-000-4300 $ 900,000 Measure R
1528-710-000-4300 $ 866,000 Measure M
Total $4,766,000
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the bid of All American Asphalt in the amount of Four Million Three Hundred Thirty-Three Thousand Dollars ($4,333,000) is hereby accepted and all other bids are rejected.
SECTION 2.That the City Manager, upon approval as to form by Legal Counsel, is authorized to execute a construction contract and all necessary contract documents related thereto with All American Asphalt for the Citywide Road Repair Services Project, Phase X.
SECTION 3.That funds in the amount of Four Million Seven Hundred Sixty-Six Thousand Dollars ($4,766,000) are available in the Fiscal Year 2026-2027 budget as follows:
Account No. Amount Source
1004-710-000-4266 $3,000,000 Measure P
1520-710-000-4300 $ 900,000 Measure R
1528-710-000-4300 $ 866,000 Measure M
Total $4,766,000
SECTION 4.That a purchase order in the amount of Four Million Three Hundred Thirty-Three Thousand Dollars ($4,333,000) is hereby established for All American Asphalt.
SECTION 5.That a project contingency in the amount of Four Hundred Thirty- Three Thousand Dollars ($433,000) is hereby authorized.
SECTION 6.That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, and Public Works Engineering Department.
SECTION 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this 1st day of September, 2026.
_______________________________
EMMA SHARIF
MAYOR OF THE CITY OF COMPTON
ATTEST:
_____________________________________
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
RESOLUTION NO. _____________
PAGE 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Satra D. Zurita, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the 1st day of September, 2026.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
SATRA D. ZURITA
CITY CLERK OF THE CITY OF COMPTON
NO. ITEM QTY UNIT UNIT COSTS AMOUNT QTY UNIT UNIT COSTS AMOUNT QTY UNITUNIT COSTS AMOUNT QTY UNIT UNIT COSTS AMOUNT 1 Mobilization 1 LS $100,000.00 $100,000.00 1 LS $100,000.00 $100,000.00 1 LS $111,000.00 $111,000.00 1 LS $197,000.00 $197,000.00 2 Traffic Control 1 LS $70,000.00 $70,000.00 1 LS $294,000.00 $294,000.00 1 LS $242,900.00 $242,900.00 1 LS $356,872.00 $356,872.00 3 Best Management Practices 1 LS $8,000.00 $8,000.00 1 LS $3,500.00 $3,500.00 1 LS $4,500.00 $4,500.00 1 LS $6,000.00 $6,000.00 4 Pothole Preparation 100,000 SY $5.00 $500,000.00 100,000 SY $14.00 $1,400,000.00 100,000 SY $15.00 $1,500,000.00 100,000 SY $9.00 $900,000.00 5 Asphalt Installation 25000 TN $118.00 $2,950,000.00 25000 TN $103.00 $2,575,000.00 25000 TN $105.00 $2,625,000.00 25000 TN $137.00 $3,425,000.00 6 Adjust Sewer Manholes 50 EA $1,400.00 $70,000.00 50 EA $500.00 $25,000.00 50 EA $1,222.00 $61,100.00 50 EA $1,400.00 $70,000.00 7 Striping 1 LS $100,000.00 $100,000.00 1 LS $100,000.00 $100,000.00 1 LS $100,000.00 $100,000.00 1 LS $100,000.00 $100,000.00 8 Remove Existing and Construct
Speed Humps 100 EA $2,850.00 $285,000.00 100 EA $1,300.00 $130,000.00 100 EA $3,900.00 $390,000.00 100 EA $3,000.00 $300,000.00 9 6' Circle Traffic Loops 100 EA $450.00 $45,000.00 100 EA $435.00 $43,500.00 100 EA $435.00 $43,500.00 100 EA $435.00 $43,500.00 10 Furnish and Install Street
Name Signs and Regulatory
Signs 200 EA $1,025.00 $205,000.00 200 EA $275.00 $55,000.00 200 EA $875.00 $175,000.00 200 EA $400.00 $80,000.00 #1 $4,333,000.00 #2 $4,726,000.00 #4 $5,253,000.00 #5 $5,478,372.00 NO. ITEM QTY UNIT UNIT COSTS AMOUNT
1 Mobilization 1 LS $360,000.00 $360,000.00
2 Traffic Control 1 LS $100,000.00 $100,000.00
3 Best Management Practices 1 LS $20,000.00 $20,000.00
4 Pothole Preparation 100,000 SY $8.00 $800,000.00
5 Asphalt Installation 25000 TN $123.50 $3,087,500.00
6 Adjust Sewer Manholes 50 EA $1,625.00 $81,250.00
7 Striping 1 LS $100,000.00 $100,000.00
8 Remove Existing and Construct
Speed Humps 100 EA $1,960.00 $196,000.00
9 6' Circle Traffic Loops 100 EA $450.00 $45,000.00
10 Furnish and Install Street
Name Signs and Regulatory
Signs 200 EA $1,020.00 $204,000.00
#3 $4,993,750.00
Sully-Miller
CITY OF COMPTON
PUBLIC WORKS ENGINEERING DEPARTMENT
ROAD REPAIR SERVICES (GRIND & OVERLAY) BID RESULTS - August 19, 2026 All American Asphalt Hardy & Harper Onyx Paving Palp dba Excel
CONSTRUCTION SERVICES CONTRACT
BETWEEN
CITY OF COMPTON
AND
ALL AMERICAN ASPHALT
[Road Repair Services – City-Wide Road Repair Services Project, Phase X] This CONTRACT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ALL AMERICAN ASPHALT (hereinafter referred to as “CONTRACTOR”) located at 400 East Sixth Street, Corona, California 92879.
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. Contractor is a corporation duly organized and in good standing in the State of California.
Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Contract.
C. City and Contractor enter into this Contract for the purpose of retaining All American Asphalt (Contractor/License No. 267073) to perform that work required pursuant to the Road Repair Services Project, Phase X (“Project”).
D. Authorization to enter into this Contract is pursuant to Resolution No. ____, adopted by the City Council on September 1, 2026.
WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:
1.0 GENERAL PROVISIONS
1.1 Definitions.
1.1.1“Work” consists of all of the Construction Services, including but not limited to all of the labor, materials and equipment necessary to complete the Project in accordance with the Contract Documents.
1.1.2“Contract Documents” consists of this Contract (including all exhibits and schedules), any amendments and clarifications issued thereto, any “Bid/Unit Price Proposal/Scope of Work” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (“Greenbook”), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, California Manual on Uniform Traffic Control Devices (CAMUTCD), latest Edition, MUTCD Latest California Supplement, and any and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor.
1.2 Public Work of Improvement.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 2 of 24
City and Contractor acknowledge that City is a political subdivision of the State of California and that construction of the Project is to be funded with public funds.
1.3 Trust and Confidence.
Contractor accepts the obligation of trust and confidence established between it and City by this Contract and shall act in the best interests of City, as its fiduciary, in carrying out Contractor’s duties and responsibilities under this Contract, including, without limitation, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete Contractor’s obligations under the Contract Documents in an expeditious and economical manner and within the Contract Price and Contract Time.
1.4 Standard of Care.
Contractor shall perform all its obligations under the Contract Documents in accordance with the highest standard of care applicable to the performance of services and Work required by the Contract Documents. In the event portions of the Project are to be performed in accordance with a specific performance standard, the Work shall be performed so as to achieve such standard.
1.5 Compliance with Applicable Laws.
Contractor shall give all notices and comply with all applicable laws and lawful orders of any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled. Without limiting the foregoing, Contractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work.
The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to services required within this Contract. Contractor shall also comply with the following laws:
1.5.1 Prohibition Against Employment Discrimination.During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, marital status, ethnicity, religion, age or medical condition as set forth in the California Labor Code Section 177.6, Government Code, Title VII of the Civil Rights Act and the Civil Rights Act of 1991 and any amendments to the above. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, gender, marital status, ethnicity, religion, age or medical condition.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 3 of 24
suspended in whole or part and the Contractor may be declared ineligible for further Government contracts and such other sanctions may be imposed and remedies invoked as provided by law.
1.5.2 Clayton Act and Cartwright Act.In accordance with Section 7103 of the California Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from the purchases of goods, services or materials pursuant to this Contract.
1.5.3 Subletting and Subcontracting.Contractor acknowledges and agrees that it is the City’s intent for the provisions of the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the California Public Contract Code) to apply to all phases of the Work.
1.5.4 State Prevailing Wage Requirements.The Contractor’s duty to pay prevailing wages can be found under California Labor Code Section 1770 et seq. and the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment can be found in California Labor Code Sections 1775 and 1777.7, as such wage rates are amended from time to time. It is the Contractor’s responsibility to ensure payment of prevailing wages and inform all subcontractors that prevailing wage requirements apply to this construction project from commencement of the Contract through completion of the Work.
.aContractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work. Contractor shall forfeit to the City, as penalty of not more than Two Hundred Dollars (200.00) for each calendar day or portion thereof, for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the Work provided for in this Contract, all in accordance with the State Labor Code and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years. The Contractor shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code. The Contractor shall conform to the State Labor Code and it is agreed that the Contractor shall forfeit to the City, as penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or any subcontractors for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in one day or 40 hours in one week in violation of said article. The Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, but not limited to the Federal Fair Labor Standards Act, as amended, for work performed by the Contractor’s employees for which the City may be found jointly or solely liable.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 4 of 24
1.5.5 Employment of Apprentices.Pursuant to California Labor Code Section 1777.5, Contractor shall file with the appropriate Joint Apprenticeship Training Committee (“JATC”), a DAS- 140 form registering to train apprentices. Only those programs approved by the California Apprenticeship Council are applicable to accept DAS-140 registration forms. In addition, contractor is required to make appropriate training contributions as set forth in the prevailing wage determination to each appropriate JATC, or in the alternative, to the California Apprenticeship Council. .aContractor shall forfeit to the City, as penalty of not more than One Hundred Dollars ($100.00) for each calendar day and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years for failure of Contractor to register to train apprentices or failure to pay the appropriate training contribution.
1.5.6 Certified Payrolls.Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.
1.5.7 Employment Eligibility.Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of this Contract. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors performing any work relating to this Project or this Contract to make the verifications and comply with all requirements and restrictions provided herein. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this section. Should Contractor employ undocumented aliens for the performance of work covered by this Contract, and should any liability or sanctions be imposed against the City for such use of undocumented aliens, Contractor hereby agrees to and shall reimburse City for the cost of all liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
1.6 Key Personnel.
1.6.1 Contractor’s Representative. Contractor hereby designates Edward J.
Carlson, Vice-President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.
1.6.2 City’s Representative. City hereby designates the City Engineer of the Public Works Engineering Department, or his/her designee, as City’s Representative for this Project.
1.7 Independent Contractor.
Contractor shall be an independent contractor, and neither Contractor, its officers, principals, employees, agents, volunteers and subcontractors (collectively hereinafter the “Contractor”), shall be considered employees or agents of City. Neither the City nor any of its officers, employees, agents Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 5 of 24
or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Contract. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Contract that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees.
Contractor expressly waives any claim to such rights.
1.8 Permits/Licenses.
Contractor verifies that it possesses all required “Class” Contractor’s License(s) adequate to perform the work herein described and that all subcontractors of Contractor have equivalent licenses for their specific trades. Contractor further verifies that it and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under the Labor Code.
Contractor understands and assumes all risk and sole responsibility, without any adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for occupancy by City.
Prior to or at the time of execution of this Contract, the Contractor shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
2.0 SCOPE OF SERVICES
2.1It is the mutual understanding of the parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, the City Engineer and/or Project Manager, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, laborers, necessary tools, expendable equipment, all utility and transportation services and other facilities required to complete the following Work:
CITY-WIDE ROAD REPAIR SERVICES, Phase X
The City-Wide Road Repair Services Project, Phase X is aimed to provide city-wide street pavement services in accordance to the contract specifications and other contract documents. The project will consist of pavement repairs such as slurry seal and grid & overlay remediation methods designated areas throughout the City. The Contract shall provide 100,000 square yards of street preparation, 25,000 tons of asphalt installation, and adjust 50 manholes, striping, speed humps, traffic loops, street name and regulatory signs. The City shall provide the Contractor with street segment(s) and/or location(s) where repairs and work are to be performed. Contractor shall provide staff with the time and costs to complete the work and schedule to perform the requested repairs. After review, the City shall authorize the Contractor to perform the requested repairs and work.
2.2 Management of Construction Work.
In addition to the Construction Work, Contractor shall cooperate with the City, City’s Engineer and/or any construction management firm it may utilize as concerns and is incidental to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract.
Contractor shall bear all costs associated with this Work, including, but not limited to, all Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 6 of 24
professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this Work.
3.0 CONTRACT PRICE
3.1 Total Compensation.
As full and complete compensation for the faithful performance of all of the Work hereunder performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Four Million Three Hundred Thirty Three Thousand Dollars ($4,333,000) (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.
3.2 The Contract Price, unless changed by Change Order, represents the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work, and the total of all payments to Contractor are concerned. Should additional amounts be required to be expended, over and above the Contract Price, to achieve completion of the Work, including project construction, and payment to Contractor, in accordance with this Contract, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract surety herein, and City shall not be liable for same. Should the final cost of the construction work and Contractor’s compensation total less than the Contract Price, or any approved revision thereof, the difference shall inure to the benefit of City and no claim for all or any portion of said difference shall be valid against or payable by City.
3.3 Payments.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule, the City shall have the right to delay payment and/or terminate this Contract in accordance with the provisions noted herein.
Contractor shall be reimbursed in accordance with the provisions of California Public Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed.
City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such invoice, as verified or corrected by City. Invoices shall be submitted no later than 45 calendar days after the performance of Work for which the Contractor is billing. Invoices shall be delivered or mailed to the Public Works Director/City Engineer or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
3.4 Retention.
Contractor agrees to the withholding of a 5% retention fee by the City. Unless there is a dispute, within sixty (60) days after the date of completion of the Work, the retention fee shall be released.
If there is a dispute, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. For purposes of this section, “completion” means any of the following:
The occupation and use of the improvement by the City after cessation of labor on the Work; or
The acceptance of the Work by the City; or
Cessation of labor on the Work of improvement for continuous period of at least 100 days, Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 7 of 24
due to factors beyond the control of the City; or
Cessation of labor on the Work of improvement for continuous period of at least 30 days if the City files for record a notice of cessation or a notice of completion. -Or-
Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
In the alternative, under Section 22300, Contractor may request the City to make payment of earned retentions directly to the escrow agent at the expense of Contractor. Also at Contractor‘s expense, Contractor may direct investment of the payments in securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. Contractor shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of Contractor.
3.5 Contractor’s Warranty of Contract Price.
Contractor warrants and represents that the Contract Price, includes without Limitation: (i) all overhead, general and administrative expenses, including without limitation, both on-site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions. Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.
4.0 TIME
4.1 Time of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
4.2 Term.
4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within 10 calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the each of the requested segment(s) and/or location(s) Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 8 of 24
identified by the City for repairs and work is completed or within a total of One Hundred Eighty (180) working days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Contract is extended, suspended or terminated as provided herein. .aNotwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work.
Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.
4.3 Extensions.
The Contract Time shall not be extended except by a Change Order issued in accordance with the Contract Documents.
4.4 Compensation for Delay.
4.4.1 Sole Remedy. Extensions of time adjusting the Contract Time shall be Contractor's sole and exclusive remedy for delay for reasons beyond its reasonable control.
4.5 Liquidated Damages.
IF CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE PERIODS OF TIME REFERRED TO IN PARAGRAPH 4.2.1 OF THIS CONTRACT (AS ADJUSTED
BY CHANGE ORDER FOR EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS), CITY WILL
INCUR DAMAGES, THE AMOUNT OF WHICH WILL BE DIFFICULT OR IMPOSSIBLE TO ESTABLISH
WITH CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE COMPLETION DATES REFERRED TO IN PARAGRAPH 4.2.1 (AS ADJUSTED BY CHANGE ORDER FOR THE
EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS) THAT THE WORK IS NOT
SUBSTANTIALLY COMPLETE, CONTRACTOR SHALL PAY CITY THE SUM OF ONE THOUSAND DOLLARS ($1,000) FOR EACH CALENDAR DAY DELAYED BEYOND THE TIME PRESCRIBED FOR FINISHING THE WORK AS LIQUIDATED DAMAGES. THIS SUM REPRESENTS A REASONABLE
EFFORT TO ESTIMATE FAIR COMPENSATION FOR THE FORESEEABLE LOSSES CITY WILL INCUR
ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. IF LIQUIDATED DAMAGES ARE NOT PAID, THE CITY MAY DEDUCT THE AMOUNT
THEREOF FROM ANY MONEY DUE OR THAT MAY BECOME DUE TO THE CONTRACTOR UNDER THIS CONTRACT IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO THE CITY. CONTRACTOR
SHALL NOT BE ASSESSED LIQUIDATED DAMAGES IF THE DELAY IS CAUSED BY ACTS OF GOD WHICH COULD NOT REASONABLY HAVE BEEN FORSEEN OR GUARDED AGAINST; STRIKES, BOYCOTTS OR LIKE OBSTRUCTIVE ACTIONS BY CONTRACTOR’S OR IT’S SUBCONTRACTOR’S EMPLOYEES WHICH ARE BEYOND CONTRACTOR’S CONTROL; FAILURE OF CITY TO PERFORM;
OR FAILURE OF A PUBLIC UTILITY TO RELOCATE OR REMOVE AN EXISTING UTILITY REQUIRED FOR PERFORMANCE OF THIS CONTRACT. CITY AND CONTRACTOR HEREBY INDICATE THEIR CONTRACT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION:
____________________________ ________________________________________ City of Compton – City Manager Contractor – All American Asphalt Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 9 of 24
4.6 Construction Schedule.
Contractor shall prepare and submit to City a detailed Construction Baseline Schedule (showing all milestones with critical activities on the Baseline Schedule) for each street segment(s) and/or location(s) identified and requested for repairs and Work prior to commencing construction. No Work shall be started until the Schedule has been approved in writing by the City. The Construction Schedule shall be prepared, utilizing a time-scaled bar chart showing continuous flow from left to right and major milestones which are critical to the completion of the construction of the project and a clearly highlighted critical path.
Durations and specific calendar dates shall be clearly and legibly shown for the start and finish of each activity. Activities shall be in sufficient detail to demonstrate a practical plan to complete the construction within the Contract Time.
5.0 CONSTRUCTION PHASE
5.1 General.
5.1.1Contractor shall completely perform, to City’s satisfaction, all of the Work in accordance with this Contract and other Contract Documents.
5.1.2Unless otherwise provided in the Contract Documents, Contractor shall furnish, or cause to be furnished, and shall pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.
5.1.3Contractor shall attend meetings with City as frequently as is necessary to the expeditious performance of the Work for the purpose of discussing construction issues which may arise during the Project.
5.2 Supervision of Work.
Contractor shall supervise and direct the Work, using Contractor’s best skill and attention.
Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.
5.3 Permits, Approvals, Licenses and Notices.
Contractor shall obtain and pay for (i) all permits, approvals, licenses and easements; and (ii) government charges and inspection fees pertaining to the construction of the Project.
5.4 Safety.
5.4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the Work.
5.4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the Project sites/locations; .bMaterials and equipment stored on the Project sites/locations or off the Project sites/locations at locations for use in performance of the Work; and Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 10 of 24
.cThe Project and all property located at the Project sites/locations, whether or not said property or structures are part of the Project or involved in the Work.
5.4.3Contractor shall designate an individual at the Project sites/locations in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
5.4.4Losses not insured under property insurance which may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.
5.4.5If City deems any part of the Work or Project sites/locations unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the Work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract Price or Contract Time.
5.4.6Should this work involve digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
.aMaterial the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal Project sites/locations. .bSubsurface or latent physical conditions at the Project sites/locations differing from those indicated by information about the Project sites/locations made available to bidders prior to deadline for submitting bids.
.cUnknown physical conditions at the Project sites/locations of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
5.4.7Contractor represents that in advance of the excavation of any trench deeper than five (5) feet, it shall submit for acceptance by the City or a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
5.5 Substitutions.
There shall be no substitutions in the Work or procedures or methods specified by the Contract Documents for performing the Work, unless Contractor first receives written approval for such substitution from City.
5.6 Trade Contractors.
5.6.1If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Contractor is bound to City for Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 11 of 24
all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.
5.6.2Contractor assumes responsibility for the proper performance of the Work of Trade Contractors, of every tier, and any acts or omissions in connection with such performance. Contractor shall coordinate the activities of all Trade Contractors, of every tier.
5.7 Separate Contractors.
5.7.1Contractor agrees to reasonably cooperate with, and coordinate its activities so as not to interfere with, those Separate Contractors performing work at the Project sites/locations, so that the Project can be completed in an orderly and coordinated manner without delay.
5.7.2If any part of the Work depends upon other work performed by Separate Contractors, Contractor shall, prior to proceeding with that part of the Work, inspect such other work and promptly notify the City of any circumstance or fact that would render such other work unacceptable for the proper performance of the Work. Contractor shall not proceed with such part of the Work without further direction from the City. Contractor shall be liable for losses incurred due to any defects in such other work not so reported by Contractor.
6.0 ACCOUNTING RECORDS
6.1 Access.
Contractor shall keep, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to keep, full and detailed accounts in accordance with the requirements of the Contract Documents and exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar Projects and be satisfactory to City and shall include preservation of such records for a period of four (4) years after final completion of the Work, or for such longer period as may be required by law.
Contractor shall allow, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to inspect, audit or reproduce any and all records relating to the Project. Such records shall include all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project, including without limitation the following: Contracts; purchase orders; leases; contracts; commitments; arrangements; notes; schedules; daily diaries; superintendent reports; drawings; receipts; vouchers; memoranda; accounting records; job cost reports, job cost files (including documentation covering negotiated settlements); backcharge logs; general ledgers; documentation of cash and trade discounts earned, insurance rebates and dividends; any documents customarily maintained by contractors performing work on a cost plus a fee basis; other documents that City otherwise deems necessary to substantiate charges or claims related to the Project.
6.2 Enforcement.
Contractor hereby consents and agrees that any failure by Contractor to provide access to records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 12 of 24
court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.
7.0 INDEMNITY, BONDS
7.1 Indemnity.
7.1.1 General Indemnity. To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officials, officers, agents, employees, representatives, insurers and volunteers (hereinafter collectively referred to as "City") through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to, any of the following: (i) any act or omission (negligent or otherwise) of Contractor, or by its Trade Contractors, of any tier; (ii) performance or nonperformance by Contractor or its Trade Contractors, of any tier, of any of the obligations under this Contract or the other Contract Documents; (iii) the construction activities of Contractor, or its Trade Contractors, of any tier, either on the Site or on other properties; (iv) the payment or nonpayment of money by Contractor, or by any of its Trade Contractors, of any tier; or (v) any personal injury, property damage or economic loss to third persons or entities associated with the performance or nonperformance by Contractor, or any of its Trade Contractors, of any tier; provided, however, that nothing contained herein shall be construed as obligating Contractor to indemnify the City for losses resulting from the City’s sole negligence, active negligence or willful misconduct. Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision. Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.
7.1.2 Survival. The provisions of Paragraph 7.1.1 shall survive complete performance or termination of this Contract.
7.1.3 Severability. The invalidity of any portion of Paragraph 7.1.1 shall not affect or render unenforceable any other portions thereof.
7.2 Bonds.
7.2.1 Bond Forms. Prior to commencing any construction of the Work, and concurrently with the execution of this Contract, Contractor shall file with City good and sufficient "Labor and Material Payment" and "Performance" bonds in the amount of one hundred percent (100%) of the Contract Price for each. Contractor shall take steps to assure that the penal sum of the bonds shall be increased by the amount of any additive adjustments to the Contract Price due to Change Orders. The bonds shall be on forms satisfactory to and approved by City, signed by both Contractor and surety and properly notarized.
Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Paragraph 7.2.1. No further payments to Contractor for work performed shall be made or become due until Contractor has fully complied with the requirements of this Section 7.2.
7.2.2 Duration. The payment bond shall remain in effect until sixty (60) days after final completion of the Work and all claims by Contractor and Trade Contractors, of every tier, have been satisfied. The performance bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all of Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive final completion or termination, such as but not limited to Contractor's obligations under its warranties, guarantees and to defend and indemnify City.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 13 of 24
7.2.3 Premiums. The premiums for all bonds are included in the Contract Price and shall be paid by Contractor.
7.2.4 Obligees. The performance and payment bonds shall name the City as obligee.
7.2.5 Changes. Change Orders, Field Orders, Modifications, Scope Changes and other Changes in the Work and adjustments to the Contract Price or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.
7.2.6 Communications. City shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents. Such communications shall not create or be interpreted as creating any contractual relationship between City and any such surety.
8.0 INSURANCE
8.1 Insurance Requirements.The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section 8.0.
As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor shall provide and maintain at its own expense during the term of this Contract the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Contract.
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
8.2 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
8.2.1 Commercial General Liability.Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.
.aThe policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 14 of 24
insured against another; or (6) contain any exclusions contrary to the Contract.
8.2.2 Automobile Liability.Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Contractor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor's own vehicle (as specified in the following paragraph); and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., vehicles of employees). Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”
8.2.3 Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
8.3 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
8.3.1The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.aAdditional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Contract.
.bAdditional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Contract.
.cCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.2The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.aCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.3The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:
.aWaiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .bCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 15 of 24
8.4 Waiver of Subrogation.Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
8.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
8.6 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
8.7 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
8.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies. Contractor shall submit proof of compliance with this provision upon request of the City.
9.0 CHANGE ORDERS
9.1 Changes.City has the right, in its sole discretion, to make whatever changes it deems necessary or desirable to the Work; no change ordered by City shall entitle Contractor to an adjustment of the Contract Price or Contract Time unless it constitutes a Scope Change.
9.2 Change Orders.A Change Order is a written order signed by City and Contractor, and issued after execution of this Contract, authorizing an adjustment in the Contract Price and/or Contract Time. The Contract Price and Contract Time can be adjusted only by Change Order. No action, conduct, omission, prior failure or course of dealing by City shall act to waive, modify, change or alter the requirement that Change Orders must be in writing signed by City and that such written Change Orders are the exclusive method for effecting any adjustment to the Contract Price and Contract Time.
10.0 CERTIFICATIONS
10.1 Certification of Contractor.I, Edward J. Carlson, HEREBY CERTIFY that I am the Vice - President, and duly authorized representative of the Contractor firm of All American Asphalt and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (i) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract; nor (ii) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract; nor (iii) paid, or agreed to Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 16 of 24
pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Contract.
10.2 Debarment and Suspension Certification.The Contractor, under penalty of perjury, certifies that, except as noted below, he/she/it or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
10.2.1Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and
10.2.2Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and
10.2.3Does not have a proposed debarment pending; and
10.2.4Has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
10.2.5Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
10.2.5Have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
[Attach separate page]
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Contract on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ Edward J. Carlson, Vice-President (Date)
11.0 DEFAULT AND TERMINATION
11.1 Default by Contractor.
11.1.1 Notice of Default. Without limitation to any of City’s other rights or remedies at law or in equity, City shall have the right to terminate this Contract in the event that Contractor fails or Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 17 of 24
refuses to perform any of the obligations set forth in this Contract or the other Contract Documents, and fails to cure such default in the manner required hereafter.
11.1.2 Opportunity to Cure Default. Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) business days after receipt of written notice of such default from City; provided, however, that if the breach cannot reasonably be cured within such time then Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) working days after receipt of such written notice.
11.2 City's Rights and Remedies Upon Default.
11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Contract within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Contract, delete certain portions of the Work, reserving to itself all rights to recover losses related thereto. .b Perform and Withhold. City may, without terminating this Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto.
.c Suspend this Contract. City may, without terminating this Contract and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work. .d Terminate this Contract. City may terminate all or any part of this Contract for cause according to the notice provisions set forth in this Contract, reserving to itself all rights to recover losses related thereto.
.e Invoke the Performance Bond. City may, with or without terminating this Contract and reserving to itself all rights to recover losses related thereto, exercise its rights under the Contractor’s performance bond.
11.2.2 Rights Cumulative. All of City’s rights and remedies under this Contract is cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as “material” shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate or the exercise of its other rights or remedies for default to only material breaches. City shall determine whether there has been noncompliance with the Contract Documents so as to warrant exercise by City of its rights and remedies for default. No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.
11.2.3 Monies. In the event of a termination or suspension of all or a portion of the Work due to a default by Contractor, City shall have the right, without releasing Contractor or its sureties from liability for failure to fulfill this Contract, to withhold all or a portion of the monies owing or retained until final Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 18 of 24
completion of the Work. Any cost over and above the Contract Price arising from the suspension of operations of this Contract and the completion of the Work shall be paid by Contractor's sureties. Contractor will be paid any surplus monies remaining after all contract disputes have been resolved and finally determined.
11.2.4 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law or in equity, City has the right to suspend the performance by Contractor's sureties in the event of any of the following: (i) failure of the sureties to begin work within a reasonable time in such manner as to ensure full compliance with the Contract Documents within the Contract Time; (ii) abandonment of the Work; (iii) if at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (iv) willful violation of any terms of this Contract; (v) failure to perform according to this Contract or the other Contract Documents; or (vi) failure to follow instructions of City for performance of the Work within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the operation or any part thereof of Contractor’s sureties.
11.2.5 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph
11.4.1, below.
11.2.6 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available under the law, and all rights in equity, in the event of Contractor's breach of this Contract or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance, then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
.c No Release. If, however, City elects to terminate this Contract for cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor or its sureties from liability for failure to fulfill this Contract. Contractor and its sureties will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.
11.3 Suspension by City for Convenience.City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Without limitation to the foregoing, Contractor acknowledges that issuance of a suspension order by City due to circumstances relating to City’s compliance with the California Environmental Quality Act is foreseeable and that such suspension order, regardless of its duration, shall not be considered a breach by City of this Contract. Upon receipt of a suspension order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the suspension order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the suspension order or it shall have the right, without incurring a liability to Contractor for lost profits or consequential damages, to delete the Work covered by such suspension order by issuing a Change Order.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 19 of 24
11.3.1 Resumption. If a suspension order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued adjusting the Contract Price and/or the Contract Time for additional costs of work and delay necessarily caused by such suspension.
11.3.2 Suspension Order Required. The provisions of this Section 11.3 shall not apply if a suspension order is not issued by City. A suspension order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
11.4 Termination Without Cause.City shall have the option, at its sole discretion and without cause, to terminate this Contract in part or in whole by giving thirty (30) days' written notice to Contractor as provided herein. Contractor agrees to accept such sums as allowed under this Section 11.4 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, Loss of anticipated profits, Loss of revenue, lost opportunity, or other consequential, direct, indirect, incidental Losses or damages, of any kind.
11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause, Contractor shall, unless the notice directs otherwise, do the following:
.aImmediately discontinue performance to the extent specified in the notice; .bPlace no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
.cProvide to City a description, in writing no later than two (2) business days after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract; .dPromptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
.eThereafter continue only such performance as may be necessary to preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.
11.4.2 Final Billing. Following termination without cause and within thirty (30) days after receipt of a complete and timely billing from Contractor seeking payment of sums authorized by this Paragraph 11.4.2, City shall pay to Contractor as its sole and exclusive compensation for performance under this Contract the following:
.aThe Contract Price earned and payable as of the date of termination, less sums previously paid to Contractor;
.bPlus, reasonable costs of work of Contractor and Trade Contractors for (i) demobilizing, and (ii) administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions) for a period of no longer than thirty (30) days after receipt of the notice of termination;
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 20 of 24
11.4.3 Trade Contractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts with its Trade Contractors permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor for termination than are afforded to Contractor.
11.5 Contractor's Rights and Remedies.
11.5.1 Contractor's Remedies. Contractor may terminate this Contract for cause only upon the occurrence of one of the following:
.aThe work is stopped for one hundred sixty (160) consecutive days, through no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. .bCity fails to make payment of sums that are not in good faith disputed by City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Contract.
11.5.2 Continuous Performance. Provided that Contractor is paid undisputed sums due under this Contract, Contractor shall not stop, delay or interrupt continuous performance of the Work by reason of any dispute or disContract with City, including, without limitation, any disputes or disContracts over payments of funds that are disputed in good faith by City.
12.0 MISCELLANEOUS PROVISIONS
12.1 Warranties.Contractor warrants and guarantees all equipment, materials, supplies and work furnished on the Project against defective construction or workmanship for a period of one (1) year following completion of the Project, except when a longer guaranty is provided by the supplier or manufacturer of the equipment. The Contractor warrants to the City that all materials and equipment furnished under this Contract will be new unless specified and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
Contractor expressly agrees to act as co-guarantor of such equipment and materials and the Contractor shall supply City with all warranty and guaranty documents relative to equipment and materials incorporated in the Work and guaranteed by their suppliers or manufacturers.
If within one (1) year after the date of completion of the Project, any of the Work is found to be defective or not in accordance with the Contract documents, Contractor shall correct it or cause it to be corrected promptly after receipt of a written notice from the City to do so, at the Contractor’s expense.
This obligation shall survive completion or termination of the Contract. The City shall give notice promptly after discovery of the condition.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 21 of 24
12.2 Governing Law.This Contract shall be governed by the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
12.3 Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Contract, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.
12.4 Severability.Should any part of this Contract be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect, provided that the remainder of this Contract, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.
12.5 Successors and Assigns.This Contract shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall not assign, sublet or transfer an interest in this Contract without advance written approval of City. Assignment, subletting or transfer will not release Contractor from any of its obligations to City.
12.6 Interpretation.Contractor and City acknowledge that the terms of this Contract has been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.
12.7 Survival.All provisions of this Contract which by their nature continue beyond the termination or completion of performance under this Contract, including, without limitation, those obligations pertaining indemnification, insurance and confidentiality, shall survive and continue in force after either termination or completion of performance by Contractor.
12.8 Conflict of Interest.The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by Contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any Contract, subcontract or arrangement with the City. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the City, any other Contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City interest and the interests of the third parties.
12.9 City’s Quality Assurance Plan.The City shall evaluate Contractor’s performance under this Contract. Such evaluation will include assessing Contractor’s compliance with all Contract terms and performance standards. Contractor deficiencies which the City determines are severe or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the City.
The report will include improvement/corrective action measures taken by the City and the Contractor. If improvement does not occur consistent with the corrective action measures, the City may terminate this Contract or seek other remedies as specified in this Contract.
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 22 of 24
12.10 Copyrights.No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the City who holds all the rights to said data.
12.11 Confidentiality of Reports.The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the City.
12.12 Employees of Contractor.Worker’s Compensation: Contractor understands and agrees that all persons furnishing services to the City pursuant to this Contract are, for the purposes of workers’ compensation liability, employees solely of Contractor. Contractor shall bear sole responsibility and liability for providing workers’ compensation benefits to any person for injury arising from an accident connected with services provided to the City under this Contract.
Professional Conduct: The City does not and will not condone any act, gestures, comments or conduct from the Contractor’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activity or behavior that might be construed as harassment. The City will properly investigate all charges of harassment by residents, employees, agents or subcontractors.
12.13 Patent Rights.The City will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contractor.
12.14 Waivers.A waiver by either party to this Contract of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
12.15 Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Contract. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
12.16 Entire Contract.The Contract Documents represent the entire and integrated Contract between City and Contractor and supersedes all prior negotiations, representations or Contracts, either written or oral. The Contract Documents may be amended or modified only by Change Order.
Nothing contained in the Contract Documents shall be for the benefit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.
12.17 Water Pollution Control.
12.17.1 Best Management Practices (BMPs).Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (“NPDES”) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system.
Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction of off-site and on-site improvements shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Los Angeles County Department of Public Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 23 of 24
Works Best Management Practices Handbook for Construction Activities.
The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.
12.18 Execution Authority.The person(s) executing this Contract on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Contract on behalf of said party, (iii) by so executing this Contract, such party is formally bound to the provisions of this Contract, and (iv) the entering into this Contract does not violate any provision of any other Contract to which said party is bound. The Contractor shall complete a W9 Form in the form provided by the City.
13.0 NOTICES
13.1 Delivery. All notices, demands or requests to be given under this Contract shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5 th) day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.
13.2 Addresses.All notices, demands, requests or approvals from Contractor to City shall be addressed to the City at:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Engineer, Public Works Engineering
Department
(310) 605-5505
(310) 605-6326 – Fax
with copies to:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
All notices, demands or requests from City to Contractor shall be addressed to:
All American Asphalt
400 East Sixth Street
Corona, California 92878
Attn: Edward J. Carlson
(951) 736-7600 - Phone
(951) 736-7646 - Fax
Construction Services Agreement – All American Asphalt
Road Repair Services Project (City-Wide Road Repairs, Phase X) Resolution No. ____/Public Works Engineering Department 24 of 24
13.3 Change in Address.In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
IN WITNESS WHEREOF, Contractor has executed this Contract and the City, by its City Manager, who is authorized to do so, has executed this Contract.
ALL AMERICAN ASPHALT
CONTRACTOR
Dated: ________________ By ____________________________________ Edward J. Carlson, Vice - President
CITY OF COMPTON
Approved by:
Dated: ________________ By ____________________________________ Jerry Groomes, Interim City Manager
Approved as to form:
Dated:____________________________ By ___________________________________ Legal Counsel
ATTEST:
Dated: ___________________ By ____________________________________ Satra D. Zurita, City Clerk
Citywide Road Repair Service, Phase X
District
1 1
1 1
1 1
1 1
1 1
District
2 2
2 2
2 2
2 2
2 2
District
3 3
3 3
3 3
3 3
3 3
District
4 4
Petrolia Avenue Alondra Boulevard Caldwell Street
Caldwell Street Alameda Street East of Santa Fe Ave
Street Name From To
Lantana Street Mc Kinley Avenue Wadsworth Avenue
Haskins Avenue Caldwell Street End
Billings Street Mc Kinley Avenue Wadsworth Avenue
Bennett Street Mc Kinley Avenue Wadsworth Avenue
Caswell Avenue Alondra Boulevard Claude Street
Mc Kinley Avenue Tichenor Street Billings Street
Caswell Avenue 154th Street 156th Street
Keene Avenue 154th Street 156th Street
156th Street Clymar Avenue Central Avenue
Clymar Avenue 154th Street Cypress Street
Street Name From To
San Luis Street West of Bradfield Ave East of Holly Avenue Bowen Avenue Elm Street Compton Boulevard
San Vicente Street Bradfield Avenue Locust Avenue
San Marcus Street Holly Avenue City Limit East
Saunders Street Harris Avenue Thorson Avenue
Bales Street Locust Avenue Harris Avenue
Muriel Avenue Rosecrans Avenue Pixley Street
Pannes Avenue Saunders Street Pixley Street
Butler Avenue Rosecrans Avenue City Limit
Locust Avenue Rosecrans Avenue South of Bales Street
Street Name From To
138th Street Grandee Avenue Wilmington Avenue
139th Street Kemp Avenue Wilmington Avenue
Cressey Street Wilmington Avenue Compton Creek
Plum Street Kemp Avenue Wilmington Avenue
Stockwell Avenue Slater Avenue Wilmington Avenue
North Slater Avenue North of 130th Street 132nd Street
132nd Street Slater Avenue Wilmington Avenue
134th Place Slater Avenue Grandee Avenue
130th Street Slater Avenue Wilmington Avenue
131st Street Slater Avenue Wilmington Avenue
Street Name From To
4 4
4 4
4 4
4 4
Pearl Avenue Alondra Boulevard Greenleaf Boulevard
Bradfield Avenue Compton Boulevard Myrrh Street
Temple Avenue Marcelle Street Caldwell Street
Crane Street Marcelle Street North of Temple
Poinsettia Avenue Caldwell Street Bennett Street
Glencoe Avenue Burris Avenue Long Beach Blvd
Caldwell Street West of Chester Ave Mayo Street
Johnson Street Alameda Street Santa Fe Avenue